[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          40


          Parts 64 to 71

                         Revised as of July 1, 2009


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2009
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     317
      Alphabetical List of Agencies Appearing in the CFR......     337
      List of CFR Sections Affected...........................     347

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                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 64.1 refers 
                       to title 40, part 64, 
                       section 1.

                     ----------------------------

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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2009), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
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inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
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INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
Records Administration, Washington DC 20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
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that volume.
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This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.




[[Page vii]]



REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2009.







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                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-two 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-end 
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part 
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts 
72-80, parts 81-84, part 85-Sec.  86.599-99, part 86 (86.600-1-end of 
part 86), parts 87-99, parts 100-135, parts 136-149, parts 150-189, 
parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts 400-
424, parts 425-699, parts 700-789, parts 790-999, and part 1000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2009.

    Chapter I--Environmental Protection Agency appears in all thirty-two 
volumes. Regulations issued by the Council on Environmental Quality, 
including an Index to Parts 1500 through 1508, appear in the volume 
containing part 1000 to end. The OMB control numbers for title 40 appear 
in Sec.  9.1 of this chapter.

    For this volume, Robert J. Sheehan, III was Chief Editor. The Code 
of Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


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                   TITLE 40--PROTECTION OF ENVIRONMENT




                    (This book contains parts 64-71)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          64

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         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part                                                                Page
64              Compliance assurance monitoring.............           5
65              Consolidated Federal air rule...............          16
66              Assessment and collection of noncompliance 
                    penalties by EPA........................         141
67              EPA approval of State noncompliance penalty 
                    program.................................         154
68              Chemical accident prevention provisions.....         161
69              Special exemptions from requirements of the 
                    Clean Air Act...........................         196
70              State operating permit programs.............         213
71              Federal operating permit programs...........         260

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                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)



PART 64_COMPLIANCE ASSURANCE MONITORING--Table of Contents




Sec.
64.1 Definitions.
64.2 Applicability.
64.3 Monitoring design criteria.
64.4 Submittal requirements.
64.5 Deadlines for submittals.
64.6 Approval of monitoring.
64.7 Operation of approved monitoring.
64.8 Quality improvement plan (QIP) requirements.
64.9 Reporting and recordkeeping requirements.
64.10 Savings provisions.

    Authority: 42 U.S.C. 7414 and 7661-7661f.

    Source: 62 FR 54940, Oct. 22, 1997, unless otherwise noted.



Sec. 64.1  Definitions.

    The following definitions apply to this part. Except as specifically 
provided in this section, terms used in this part retain the meaning 
accorded them under the applicable provisions of the Act.
    Act means the Clean Air Act, as amended by Pub.L. 101-549, 42 U.S.C. 
7401, et seq.
    Applicable requirement shall have the same meaning as provided under 
part 70 of this chapter.
    Capture system means the equipment (including but not limited to 
hoods, ducts, fans, and booths) used to contain, capture and transport a 
pollutant to a control device.
    Continuous compliance determination method means a method, specified 
by the applicable standard or an applicable permit condition, which:
    (1) Is used to determine compliance with an emission limitation or 
standard on a continuous basis, consistent with the averaging period 
established for the emission limitation or standard; and
    (2) Provides data either in units of the standard or correlated 
directly with the compliance limit.
    Control device means equipment, other than inherent process 
equipment, that is used to destroy or remove air pollutant(s) prior to 
discharge to the atmosphere. The types of equipment that may commonly be 
used as control devices include, but are not limited to, fabric filters, 
mechanical collectors, electrostatic precipitators, inertial separators, 
afterburners, thermal or catalytic incinerators, adsorption devices 
(such as carbon beds), condensers, scrubbers (such as wet collection and 
gas absorption devices), selective catalytic or non-catalytic reduction 
systems, flue gas recirculation systems, spray dryers, spray towers, 
mist eliminators, acid plants, sulfur recovery plants, injection systems 
(such as water, steam, ammonia, sorbent or limestone injection), and 
combustion devices independent of the particular process being conducted 
at an emissions unit (e.g., the destruction of emissions achieved by 
venting process emission streams to flares, boilers or process heaters). 
For purposes of this part, a control device does not include passive 
control measures that act to prevent pollutants from forming, such as 
the use of seals, lids, or roofs to prevent the release of pollutants, 
use of low-polluting fuel or feedstocks, or the use of combustion or 
other process design features or characteristics. If an applicable 
requirement establishes that particular equipment which otherwise meets 
this definition of a control device does not constitute a control device 
as applied to a particular pollutant-specific emissions unit, then that 
definition shall be binding for purposes of this part.
    Data means the results of any type of monitoring or method, 
including the results of instrumental or non-instrumental monitoring, 
emission calculations, manual sampling procedures, recordkeeping 
procedures, or any other form of information collection procedure used 
in connection with any type of monitoring or method.
    Emission limitation or standard means any applicable requirement 
that constitutes an emission limitation, emission standard, standard of 
performance or means of emission limitation as defined under the Act. An 
emission limitation or standard may be expressed in terms of the 
pollutant, expressed either

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as a specific quantity, rate or concentration of emissions (e.g., pounds 
of SO2 per hour, pounds of SO2 per million British 
thermal units of fuel input, kilograms of VOC per liter of applied 
coating solids, or parts per million by volume of SO2) or as 
the relationship of uncontrolled to controlled emissions (e.g., 
percentage capture and destruction efficiency of VOC or percentage 
reduction of SO2). An emission limitation or standard may 
also be expressed either as a work practice, process or control device 
parameter, or other form of specific design, equipment, operational, or 
operation and maintenance requirement. For purposes of this part, an 
emission limitation or standard shall not include general operation 
requirements that an owner or operator may be required to meet, such as 
requirements to obtain a permit, to operate and maintain sources in 
accordance with good air pollution control practices, to develop and 
maintain a malfunction abatement plan, to keep records, submit reports, 
or conduct monitoring.
    Emissions unit shall have the same meaning as provided under part 70 
of this chapter.
    Exceedance shall mean a condition that is detected by monitoring 
that provides data in terms of an emission limitation or standard and 
that indicates that emissions (or opacity) are greater than the 
applicable emission limitation or standard (or less than the applicable 
standard in the case of a percent reduction requirement) consistent with 
any averaging period specified for averaging the results of the 
monitoring.
    Excursion shall mean a departure from an indicator range established 
for monitoring under this part, consistent with any averaging period 
specified for averaging the results of the monitoring.
    Inherent process equipment means equipment that is necessary for the 
proper or safe functioning of the process, or material recovery 
equipment that the owner or operator documents is installed and operated 
primarily for purposes other than compliance with air pollution 
regulations. Equipment that must be operated at an efficiency higher 
than that achieved during normal process operations in order to comply 
with the applicable emission limitation or standard is not inherent 
process equipment. For the purposes of this part, inherent process 
equipment is not considered a control device.
    Major source shall have the same meaning as provided under part 70 
or 71 of this chapter.
    Monitoring means any form of collecting data on a routine basis to 
determine or otherwise assess compliance with emission limitations or 
standards. Recordkeeping may be considered monitoring where such records 
are used to determine or assess compliance with an emission limitation 
or standard (such as records of raw material content and usage, or 
records documenting compliance with work practice requirements). The 
conduct of compliance method tests, such as the procedures in appendix A 
to part 60 of this chapter, on a routine periodic basis may be 
considered monitoring (or as a supplement to other monitoring), provided 
that requirements to conduct such tests on a one-time basis or at such 
times as a regulatory authority may require on a non-regular basis are 
not considered monitoring requirements for purposes of this paragraph. 
Monitoring may include one or more than one of the following data 
collection techniques, where appropriate for a particular circumstance:
    (1) Continuous emission or opacity monitoring systems.
    (2) Continuous process, capture system, control device or other 
relevant parameter monitoring systems or procedures, including a 
predictive emission monitoring system.
    (3) Emission estimation and calculation procedures (e.g., mass 
balance or stoichiometric calculations).
    (4) Maintenance and analysis of records of fuel or raw materials 
usage.
    (5) Recording results of a program or protocol to conduct specific 
operation and maintenance procedures.
    (6) Verification of emissions, process parameters, capture system 
parameters, or control device parameters using portable or in situ 
measurement devices.
    (7) Visible emission observations.
    (8) Any other form of measuring, recording, or verifying on a 
routine basis

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emissions, process parameters, capture system parameters, control device 
parameters or other factors relevant to assessing compliance with 
emission limitations or standards.
    Owner or operator means any person who owns, leases, operates, 
controls or supervises a stationary source subject to this part.
    Part 70 or 71 permit shall have the same meaning as provided under 
part 70 or 71 of this chapter, provided that it shall also refer to a 
permit issued, renewed, amended, revised, or modified under any federal 
permit program promulgated under title V of the Act.
    Part 70 or 71 permit application shall mean an application 
(including any supplement to a previously submitted application) that is 
submitted by the owner or operator in order to obtain a part 70 or 71 
permit.
    Permitting authority shall have the same meaning as provided under 
part 70 or 71 of this chapter.
    Pollutant-specific emissions unit means an emissions unit considered 
separately with respect to each regulated air pollutant.
    Potential to emit shall have the same meaning as provided under part 
70 or 71 of this chapter, provided that it shall be applied with respect 
to an ``emissions unit'' as defined under this part in addition to a 
``stationary source'' as provided under part 70 or 71 of this chapter.
    Predictive emission monitoring system (PEMS) means a system that 
uses process and other parameters as inputs to a computer program or 
other data reduction system to produce values in terms of the applicable 
emission limitation or standard.
    Regulated air pollutant shall have the same meaning as provided 
under part 70 or 71 of this chapter.



Sec. 64.2  Applicability.

    (a) General applicability. Except for backup utility units that are 
exempt under paragraph (b)(2) of this section, the requirements of this 
part shall apply to a pollutant-specific emissions unit at a major 
source that is required to obtain a part 70 or 71 permit if the unit 
satisfies all of the following criteria:
    (1) The unit is subject to an emission limitation or standard for 
the applicable regulated air pollutant (or a surrogate thereof), other 
than an emission limitation or standard that is exempt under paragraph 
(b)(1) of this section;
    (2) The unit uses a control device to achieve compliance with any 
such emission limitation or standard; and
    (3) The unit has potential pre-control device emissions of the 
applicable regulated air pollutant that are equal to or greater than 100 
percent of the amount, in tons per year, required for a source to be 
classified as a major source. For purposes of this paragraph, 
``potential pre-control device emissions'' shall have the same meaning 
as ``potential to emit,'' as defined in Sec. 64.1, except that emission 
reductions achieved by the applicable control device shall not be taken 
into account.
    (b) Exemptions--(1) Exempt emission limitations or standards. The 
requirements of this part shall not apply to any of the following 
emission limitations or standards:
    (i) Emission limitations or standards proposed by the Administrator 
after November 15, 1990 pursuant to section 111 or 112 of the Act.
    (ii) Stratospheric ozone protection requirements under title VI of 
the Act.
    (iii) Acid Rain Program requirements pursuant to sections 404, 405, 
406, 407(a), 407(b), or 410 of the Act.
    (iv) Emission limitations or standards or other applicable 
requirements that apply solely under an emissions trading program 
approved or promulgated by the Administrator under the Act that allows 
for trading emissions within a source or between sources.
    (v) An emissions cap that meets the requirements specified in Sec. 
70.4(b)(12) or Sec. 71.6(a)(13)(iii) of this chapter.
    (vi) Emission limitations or standards for which a part 70 or 71 
permit specifies a continuous compliance determination method, as 
defined in Sec. 64.1. The exemption provided in this paragraph 
(b)(1)(vi) shall not apply if the applicable compliance method includes 
an assumed control device emission reduction factor that could be 
affected by the actual operation and maintenance of the control device

[[Page 8]]

(such as a surface coating line controlled by an incinerator for which 
continuous compliance is determined by calculating emissions on the 
basis of coating records and an assumed control device efficiency factor 
based on an initial performance test; in this example, this part would 
apply to the control device and capture system, but not to the remaining 
elements of the coating line, such as raw material usage).
    (2) Exemption for backup utility power emissions units. The 
requirements of this part shall not apply to a utility unit, as defined 
in Sec. 72.2 of this chapter, that is municipally-owned if the owner or 
operator provides documentation in a part 70 or 71 permit application 
that:
    (i) The utility unit is exempt from all monitoring requirements in 
part 75 (including the appendices thereto) of this chapter;
    (ii) The utility unit is operated for the sole purpose of providing 
electricity during periods of peak electrical demand or emergency 
situations and will be operated consistent with that purpose throughout 
the part 70 or 71 permit term. The owner or operator shall provide 
historical operating data and relevant contractual obligations to 
document that this criterion is satisfied; and
    (iii) The actual emissions from the utility unit, based on the 
average annual emissions over the last three calendar years of operation 
(or such shorter time period that is available for units with fewer than 
three years of operation) are less than 50 percent of the amount in tons 
per year required for a source to be classified as a major source and 
are expected to remain so.



Sec. 64.3  Monitoring design criteria.

    (a) General criteria. To provide a reasonable assurance of 
compliance with emission limitations or standards for the anticipated 
range of operations at a pollutant-specific emissions unit, monitoring 
under this part shall meet the following general criteria:
    (1) The owner or operator shall design the monitoring to obtain data 
for one or more indicators of emission control performance for the 
control device, any associated capture system and, if necessary to 
satisfy paragraph (a)(2) of this section, processes at a pollutant-
specific emissions unit. Indicators of performance may include, but are 
not limited to, direct or predicted emissions (including visible 
emissions or opacity), process and control device parameters that affect 
control device (and capture system) efficiency or emission rates, or 
recorded findings of inspection and maintenance activities conducted by 
the owner or operator.
    (2) The owner or operator shall establish an appropriate range(s) or 
designated condition(s) for the selected indicator(s) such that 
operation within the ranges provides a reasonable assurance of ongoing 
compliance with emission limitations or standards for the anticipated 
range of operating conditions. Such range(s) or condition(s) shall 
reflect the proper operation and maintenance of the control device (and 
associated capture system), in accordance with applicable design 
properties, for minimizing emissions over the anticipated range of 
operating conditions at least to the level required to achieve 
compliance with the applicable requirements. The reasonable assurance of 
compliance will be assessed by maintaining performance within the 
indicator range(s) or designated condition(s). The ranges shall be 
established in accordance with the design and performance requirements 
in this section and documented in accordance with the requirements in 
Sec. 64.4. If necessary to assure that the control device and 
associated capture system can satisfy this criterion, the owner or 
operator shall monitor appropriate process operational parameters (such 
as total throughput where necessary to stay within the rated capacity 
for a control device). In addition, unless specifically stated otherwise 
by an applicable requirement, the owner or operator shall monitor 
indicators to detect any bypass of the control device (or capture 
system) to the atmosphere, if such bypass can occur based on the design 
of the pollutant-specific emissions unit.
    (3) The design of indicator ranges or designated conditions may be:
    (i) Based on a single maximum or minimum value if appropriate (e.g., 
maintaining condenser temperatures a certain number of degrees below the 
condensation temperature of the applicable compound(s) being processed) 
or

[[Page 9]]

at multiple levels that are relevant to distinctly different operating 
conditions (e.g., high versus low load levels).
    (ii) Expressed as a function of process variables (e.g., an 
indicator range expressed as minimum to maximum pressure drop across a 
venturi throat in a particulate control scrubber).
    (iii) Expressed as maintaining the applicable parameter in a 
particular operational status or designated condition (e.g., position of 
a damper controlling gas flow to the atmosphere through a by-pass duct).
    (iv) Established as interdependent between more than one indicator.
    (b) Performance criteria. The owner or operator shall design the 
monitoring to meet the following performance criteria:
    (1) Specifications that provide for obtaining data that are 
representative of the emissions or parameters being monitored (such as 
detector location and installation specifications, if applicable).
    (2) For new or modified monitoring equipment, verification 
procedures to confirm the operational status of the monitoring prior to 
the date by which the owner or operator must conduct monitoring under 
this part as specified in Sec. 64.7(a). The owner or operator shall 
consider the monitoring equipment manufacturer's requirements or 
recommendations for installation, calibration, and start-up operation.
    (3) Quality assurance and control practices that are adequate to 
ensure the continuing validity of the data. The owner or operator shall 
consider manufacturer recommendations or requirements applicable to the 
monitoring in developing appropriate quality assurance and control 
practices.
    (4) Specifications for the frequency of conducting the monitoring, 
the data collection procedures that will be used (e.g., computerized 
data acquisition and handling, alarm sensor, or manual log entries based 
on gauge readings), and, if applicable, the period over which discrete 
data points will be averaged for the purpose of determining whether an 
excursion or exceedance has occurred.
    (i) At a minimum, the owner or operator shall design the period over 
which data are obtained and, if applicable, averaged consistent with the 
characteristics and typical variability of the pollutant-specific 
emissions unit (including the control device and associated capture 
system). Such intervals shall be commensurate with the time period over 
which a change in control device performance that would require actions 
by owner or operator to return operations within normal ranges or 
designated conditions is likely to be observed.
    (ii) For all pollutant-specific emissions units with the potential 
to emit, calculated including the effect of control devices, the 
applicable regulated air pollutant in an amount equal to or greater than 
100 percent of the amount, in tons per year, required for a source to be 
classified as a major source, for each parameter monitored, the owner or 
operator shall collect four or more data values equally spaced over each 
hour and average the values, as applicable, over the applicable 
averaging period as determined in accordance with paragraph (b)(4)(i) of 
this section. The permitting authority may approve a reduced data 
collection frequency, if appropriate, based on information presented by 
the owner or operator concerning the data collection mechanisms 
available for a particular parameter for the particular pollutant-
specific emissions unit (e.g., integrated raw material or fuel analysis 
data, noninstrumental measurement of waste feed rate or visible 
emissions, use of a portable analyzer or an alarm sensor).
    (iii) For other pollutant-specific emissions units, the frequency of 
data collection may be less than the frequency specified in paragraph 
(b)(4)(ii) of this section but the monitoring shall include some data 
collection at least once per 24-hour period (e.g., a daily inspection of 
a carbon adsorber operation in conjunction with a weekly or monthly 
check of emissions with a portable analyzer).
    (c) Evaluation factors. In designing monitoring to meet the 
requirements in paragraphs (a) and (b) of this section, the owner or 
operator shall take into account site-specific factors including the 
applicability of existing monitoring equipment and procedures,

[[Page 10]]

the ability of the monitoring to account for process and control device 
operational variability, the reliability and latitude built into the 
control technology, and the level of actual emissions relative to the 
compliance limitation.
    (d) Special criteria for the use of continuous emission, opacity or 
predictive monitoring systems. (1) If a continuous emission monitoring 
system (CEMS), continuous opacity monitoring system (COMS) or predictive 
emission monitoring system (PEMS) is required pursuant to other 
authority under the Act or state or local law, the owner or operator 
shall use such system to satisfy the requirements of this part.
    (2) The use of a CEMS, COMS, or PEMS that satisfies any of the 
following monitoring requirements shall be deemed to satisfy the general 
design criteria in paragraphs (a) and (b) of this section, provided that 
a COMS may be subject to the criteria for establishing indicator ranges 
under paragraph (a) of this section:
    (i) Section 51.214 and appendix P of part 51 of this chapter;
    (ii) Section 60.13 and appendix B of part 60 of this chapter;
    (iii) Section 63.8 and any applicable performance specifications 
required pursuant to the applicable subpart of part 63 of this chapter;
    (iv) Part 75 of this chapter;
    (v) Subpart H and appendix IX of part 266 of this chapter; or
    (vi) If an applicable requirement does not otherwise require 
compliance with the requirements listed in the preceding paragraphs 
(d)(2)(i) through (v) of this section, comparable requirements and 
specifications established by the permitting authority.
    (3) The owner or operator shall design the monitoring system subject 
to this paragraph (d) to:
    (i) Allow for reporting of exceedances (or excursions if applicable 
to a COMS used to assure compliance with a particulate matter standard), 
consistent with any period for reporting of exceedances in an underlying 
requirement. If an underlying requirement does not contain a provision 
for establishing an averaging period for the reporting of exceedances or 
excursions, the criteria used to develop an averaging period in (b)(4) 
of this section shall apply; and
    (ii) Provide an indicator range consistent with paragraph (a) of 
this section for a COMS used to assure compliance with a particulate 
matter standard. If an opacity standard applies to the pollutant-
specific emissions unit, such limit may be used as the appropriate 
indicator range unless the opacity limit fails to meet the criteria in 
paragraph (a) of this section after considering the type of control 
device and other site-specific factors applicable to the pollutant-
specific emissions unit.



Sec. 64.4  Submittal requirements.

    (a) The owner or operator shall submit to the permitting authority 
monitoring that satisfies the design requirements in Sec. 64.3. The 
submission shall include the following information:
    (1) The indicators to be monitored to satisfy Sec. Sec. 64.3(a)(1)-
(2);
    (2) The ranges or designated conditions for such indicators, or the 
process by which such indicator ranges or designated conditions shall be 
established;
    (3) The performance criteria for the monitoring to satisfy Sec. 
64.3(b); and
    (4) If applicable, the indicator ranges and performance criteria for 
a CEMS, COMS or PEMS pursuant to Sec. 64.3(d).
    (b) As part of the information submitted, the owner or operator 
shall submit a justification for the proposed elements of the 
monitoring. If the performance specifications proposed to satisfy Sec. 
64.3(b)(2) or (3) include differences from manufacturer recommendations, 
the owner or operator shall explain the reasons for the differences 
between the requirements proposed by the owner or operator and the 
manufacturer's recommendations or requirements. The owner or operator 
also shall submit any data supporting the justification, and may refer 
to generally available sources of information used to support the 
justification (such as generally available air pollution engineering 
manuals, or EPA or permitting authority publications on appropriate 
monitoring for various types of control devices or capture systems). To 
justify the appropriateness of the monitoring elements proposed, the 
owner

[[Page 11]]

or operator may rely in part on existing applicable requirements that 
establish the monitoring for the applicable pollutant-specific emissions 
unit or a similar unit. If an owner or operator relies on presumptively 
acceptable monitoring, no further justification for the appropriateness 
of that monitoring should be necessary other than an explanation of the 
applicability of such monitoring to the unit in question, unless data or 
information is brought forward to rebut the assumption. Presumptively 
acceptable monitoring includes:
    (1) Presumptively acceptable or required monitoring approaches, 
established by the permitting authority in a rule that constitutes part 
of the applicable implementation plan required pursuant to title I of 
the Act, that are designed to achieve compliance with this part for 
particular pollutant-specific emissions units;
    (2) Continuous emission, opacity or predictive emission monitoring 
systems that satisfy applicable monitoring requirements and performance 
specifications as specified in Sec. 64.3(d);
    (3) Excepted or alternative monitoring methods allowed or approved 
pursuant to part 75 of this chapter;
    (4) Monitoring included for standards exempt from this part pursuant 
to Sec. 64.2(b)(1)(i) or (vi) to the extent such monitoring is 
applicable to the performance of the control device (and associated 
capture system) for the pollutant-specific emissions unit; and
    (5) Presumptively acceptable monitoring identified in guidance by 
EPA. Such guidance will address the requirements under Sec. Sec. 
64.4(a), (b), and (c) to the extent practicable.
    (c)(1) Except as provided in paragraph (d) of this section, the 
owner or operator shall submit control device (and process and capture 
system, if applicable) operating parameter data obtained during the 
conduct of the applicable compliance or performance test conducted under 
conditions specified by the applicable rule. If the applicable rule does 
not specify testing conditions or only partially specifies test 
conditions, the performance test generally shall be conducted under 
conditions representative of maximum emissions potential under 
anticipated operating conditions at the pollutant-specific emissions 
unit. Such data may be supplemented, if desired, by engineering 
assessments and manufacturer's recommendations to justify the indicator 
ranges (or, if applicable, the procedures for establishing such 
indicator ranges). Emission testing is not required to be conducted over 
the entire indicator range or range of potential emissions.
    (2) The owner or operator must document that no changes to the 
pollutant-specific emissions unit, including the control device and 
capture system, have taken place that could result in a significant 
change in the control system performance or the selected ranges or 
designated conditions for the indicators to be monitored since the 
performance or compliance tests were conducted.
    (d) If existing data from unit-specific compliance or performance 
testing specified in paragraph (c) of this section are not available, 
the owner or operator:
    (1) Shall submit a test plan and schedule for obtaining such data in 
accordance with paragraph (e) of this section; or
    (2) May submit indicator ranges (or procedures for establishing 
indicator ranges) that rely on engineering assessments and other data, 
provided that the owner or operator demonstrates that factors specific 
to the type of monitoring, control device, or pollutant-specific 
emissions unit make compliance or performance testing unnecessary to 
establish indicator ranges at levels that satisfy the criteria in Sec. 
64.3(a).
    (e) If the monitoring submitted by the owner or operator requires 
installation, testing, or other necessary activities prior to use of the 
monitoring for purposes of this part, the owner or operator shall 
include an implementation plan and schedule for installing, testing and 
performing any other appropriate activities prior to use of the 
monitoring. The implementation plan and schedule shall provide for use 
of the monitoring as expeditiously as practicable after approval of the 
monitoring in the part 70 or 71 permit pursuant to Sec. 64.6, but in no 
case shall the schedule for completing installation

[[Page 12]]

and beginning operation of the monitoring exceed 180 days after approval 
of the permit.
    (f) If a control device is common to more than one pollutant-
specific emissions unit, the owner or operator may submit monitoring for 
the control device and identify the pollutant-specific emissions units 
affected and any process or associated capture device conditions that 
must be maintained or monitored in accordance with Sec. 64.3(a) rather 
than submit separate monitoring for each pollutant-specific emissions 
unit.
    (g) If a single pollutant-specific emissions unit is controlled by 
more than one control device similar in design and operation, the owner 
or operator may submit monitoring that applies to all the control 
devices and identify the control devices affected and any process or 
associated capture device conditions that must be maintained or 
monitored in accordance with Sec. 64.3(a) rather than submit a separate 
description of monitoring for each control device.



Sec. 64.5  Deadlines for submittals.

    (a) Large pollutant-specific emissions units. For all pollutant-
specific emissions units with the potential to emit (taking into account 
control devices to the extent appropriate under the definition of this 
term in Sec. 64.1) the applicable regulated air pollutant in an amount 
equal to or greater than 100 percent of the amount, in tons per year, 
required for a source to be classified as a major source, the owner or 
operator shall submit the information required under Sec. 64.4 at the 
following times:
    (1) On or after April 20, 1998, the owner or operator shall submit 
information as part of an application for an initial part 70 or 71 
permit if, by that date, the application either:
    (i) Has not been filed; or
    (ii) Has not yet been determined to be complete by the permitting 
authority.
    (2) On or after April 20, 1998, the owner or operator shall submit 
information as part of an application for a significant permit revision 
under part 70 or 71 of this chapter, but only with respect to those 
pollutant-specific emissions units for which the proposed permit 
revision is applicable.
    (3) The owner or operator shall submit any information not submitted 
under the deadlines set forth in paragraphs (a)(1) and (2) of this 
section as part of the application for the renewal of a part 70 or 71 
permit.
    (b) Other pollutant-specific emissions units. For all other 
pollutant-specific emissions units subject to this part and not subject 
to Sec. 64.5(a), the owner or operator shall submit the information 
required under Sec. 64.4 as part of an application for a renewal of a 
part 70 or 71 permit.
    (c) The effective date for the requirement to submit information 
under Sec. 64.4 shall be as specified pursuant to paragraphs (a)-(b) of 
this section and a permit reopening to require the submittal of 
information under this section shall not be required pursuant to Sec. 
70.7(f)(1)(i) of this chapter, provided, however, that, if a part 70 or 
71 permit is reopened for cause by EPA or the permitting authority 
pursuant to Sec. 70.7(f)(1)(iii) or (iv), or Sec. 71.7(f) or (g), the 
applicable agency may require the submittal of information under this 
section for those pollutant-specific emissions units that are subject to 
this part and that are affected by the permit reopening.
    (d) Prior to approval of monitoring that satisfies this part, the 
owner or operator is subject to the requirements of Sec. 
70.6(a)(3)(i)(B).



Sec. 64.6  Approval of monitoring.

    (a) Based on an application that includes the information submitted 
in accordance with Sec. 64.5, the permitting authority shall act to 
approve the monitoring submitted by the owner or operator by confirming 
that the monitoring satisfies the requirements in Sec. 64.3.
    (b) In approving monitoring under this section, the permitting 
authority may condition the approval on the owner or operator collecting 
additional data on the indicators to be monitored for a pollutant-
specific emissions unit, including required compliance or performance 
testing, to confirm the ability of the monitoring to provide data that 
are sufficient to satisfy the requirements of this part and to confirm 
the appropriateness of an indicator

[[Page 13]]

range(s) or designated condition(s) proposed to satisfy Sec. 64.3(a)(2) 
and (3) and consistent with the schedule in Sec. 64.4(e).
    (c) If the permitting authority approves the proposed monitoring, 
the permitting authority shall establish one or more permit terms or 
conditions that specify the required monitoring in accordance with Sec. 
70.6(a)(3)(i) of this chapter. At a minimum, the permit shall specify:
    (1) The approved monitoring approach that includes all of the 
following:
    (i) The indicator(s) to be monitored (such as temperature, pressure 
drop, emissions, or similar parameter);
    (ii) The means or device to be used to measure the indicator(s) 
(such as temperature measurement device, visual observation, or CEMS); 
and
    (iii) The performance requirements established to satisfy Sec. 
64.3(b) or (d), as applicable.
    (2) The means by which the owner or operator will define an 
exceedance or excursion for purposes of responding to and reporting 
exceedances or excursions under Sec. Sec. 64.7 and 64.8 of this part. 
The permit shall specify the level at which an excursion or exceedance 
will be deemed to occur, including the appropriate averaging period 
associated with such exceedance or excursion. For defining an excursion 
from an indicator range or designated condition, the permit may either 
include the specific value(s) or condition(s) at which an excursion 
shall occur, or the specific procedures that will be used to establish 
that value or condition. If the latter, the permit shall specify 
appropriate notice procedures for the owner or operator to notify the 
permitting authority upon any establishment or reestablishment of the 
value.
    (3) The obligation to conduct the monitoring and fulfill the other 
obligations specified in Sec. Sec. 64.7 through 64.9 of this part.
    (4) If appropriate, a minimum data availability requirement for 
valid data collection for each averaging period, and, if appropriate, a 
minimum data availability requirement for the averaging periods in a 
reporting period.
    (d) If the monitoring proposed by the owner or operator requires 
installation, testing or final verification of operational status, the 
part 70 or 71 permit shall include an enforceable schedule with 
appropriate milestones for completing such installation, testing, or 
final verification consistent with the requirements in Sec. 64.4(e).
    (e) If the permitting authority disapproves the proposed monitoring, 
the following applies:
    (1) The draft or final permit shall include, at a minimum, 
monitoring that satisfies the requirements of Sec. 70.6(a)(3)(i)(B);
    (2) The permitting authority shall include in the draft or final 
permit a compliance schedule for the source owner to submit monitoring 
that satisfies Sec. Sec. 64.3 and 64.4, but in no case shall the owner 
or operator submit revised monitoring more than 180 days from the date 
of issuance of the draft or final permit; and
    (3) If the source owner or operator does not submit the monitoring 
in accordance with the compliance schedule as required in paragraph 
(e)(2) of this section or if the permitting authority disapproves the 
monitoring submitted, the source owner or operator shall be deemed not 
in compliance with part 64, unless the source owner or operator 
successfully challenges the disapproval.



Sec. 64.7  Operation of approved monitoring.

    (a) Commencement of operation. The owner or operator shall conduct 
the monitoring required under this part upon issuance of a part 70 or 71 
permit that includes such monitoring, or by such later date specified in 
the permit pursuant to Sec. 64.6(d).
    (b) Proper maintenance. At all times, the owner or operator shall 
maintain the monitoring, including but not limited to, maintaining 
necessary parts for routine repairs of the monitoring equipment.
    (c) Continued operation. Except for, as applicable, monitoring 
malfunctions, associated repairs, and required quality assurance or 
control activities (including, as applicable, calibration checks and 
required zero and span adjustments), the owner or operator shall conduct 
all monitoring in continuous operation (or shall collect data at all 
required intervals) at all times that

[[Page 14]]

the pollutant-specific emissions unit is operating. Data recorded during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities shall not be used for purposes of this 
part, including data averages and calculations, or fulfilling a minimum 
data availability requirement, if applicable. The owner or operator 
shall use all the data collected during all other periods in assessing 
the operation of the control device and associated control system. A 
monitoring malfunction is any sudden, infrequent, not reasonably 
preventable failure of the monitoring to provide valid data. Monitoring 
failures that are caused in part by poor maintenance or careless 
operation are not malfunctions.
    (d) Response to excursions or exceedances. (1) Upon detecting an 
excursion or exceedance, the owner or operator shall restore operation 
of the pollutant-specific emissions unit (including the control device 
and associated capture system) to its normal or usual manner of 
operation as expeditiously as practicable in accordance with good air 
pollution control practices for minimizing emissions. The response shall 
include minimizing the period of any startup, shutdown or malfunction 
and taking any necessary corrective actions to restore normal operation 
and prevent the likely recurrence of the cause of an excursion or 
exceedance (other than those caused by excused startup or shutdown 
conditions). Such actions may include initial inspection and evaluation, 
recording that operations returned to normal without operator action 
(such as through response by a computerized distribution control 
system), or any necessary follow-up actions to return operation to 
within the indicator range, designated condition, or below the 
applicable emission limitation or standard, as applicable.
    (2) Determination of whether the owner or operator has used 
acceptable procedures in response to an excursion or exceedance will be 
based on information available, which may include but is not limited to, 
monitoring results, review of operation and maintenance procedures and 
records, and inspection of the control device, associated capture 
system, and the process.
    (e) Documentation of need for improved monitoring. After approval of 
monitoring under this part, if the owner or operator identifies a 
failure to achieve compliance with an emission limitation or standard 
for which the approved monitoring did not provide an indication of an 
excursion or exceedance while providing valid data, or the results of 
compliance or performance testing document a need to modify the existing 
indicator ranges or designated conditions, the owner or operator shall 
promptly notify the permitting authority and, if necessary, submit a 
proposed modification to the part 70 or 71 permit to address the 
necessary monitoring changes. Such a modification may include, but is 
not limited to, reestablishing indicator ranges or designated 
conditions, modifying the frequency of conducting monitoring and 
collecting data, or the monitoring of additional parameters.



Sec. 64.8  Quality improvement plan (QIP) requirements.

    (a) Based on the results of a determination made under Sec. 
64.7(d)(2), the Administrator or the permitting authority may require 
the owner or operator to develop and implement a QIP. Consistent with 
Sec. 64.6(c)(3), the part 70 or 71 permit may specify an appropriate 
threshold, such as an accumulation of exceedances or excursions 
exceeding 5 percent duration of a pollutant-specific emissions unit's 
operating time for a reporting period, for requiring the implementation 
of a QIP. The threshold may be set at a higher or lower percent or may 
rely on other criteria for purposes of indicating whether a pollutant-
specific emissions unit is being maintained and operated in a manner 
consistent with good air pollution control practices.
    (b) Elements of a QIP:
    (1) The owner or operator shall maintain a written QIP, if required, 
and have it available for inspection.
    (2) The plan initially shall include procedures for evaluating the 
control performance problems and, based on the results of the evaluation 
procedures, the owner or operator shall modify the plan to include 
procedures for

[[Page 15]]

conducting one or more of the following actions, as appropriate:
    (i) Improved preventive maintenance practices.
    (ii) Process operation changes.
    (iii) Appropriate improvements to control methods.
    (iv) Other steps appropriate to correct control performance.
    (v) More frequent or improved monitoring (only in conjunction with 
one or more steps under paragraphs (b)(2)(i) through (iv) of this 
section).
    (c) If a QIP is required, the owner or operator shall develop and 
implement a QIP as expeditiously as practicable and shall notify the 
permitting authority if the period for completing the improvements 
contained in the QIP exceeds 180 days from the date on which the need to 
implement the QIP was determined.
    (d) Following implementation of a QIP, upon any subsequent 
determination pursuant to Sec. 64.7(d)(2) the Administrator or the 
permitting authority may require that an owner or operator make 
reasonable changes to the QIP if the QIP is found to have:
    (1) Failed to address the cause of the control device performance 
problems; or
    (2) Failed to provide adequate procedures for correcting control 
device performance problems as expeditiously as practicable in 
accordance with good air pollution control practices for minimizing 
emissions.
    (e) Implementation of a QIP shall not excuse the owner or operator 
of a source from compliance with any existing emission limitation or 
standard, or any existing monitoring, testing, reporting or 
recordkeeping requirement that may apply under federal, state, or local 
law, or any other applicable requirements under the Act.



Sec. 64.9  Reporting and recordkeeping requirements.

    (a) General reporting requirements. (1) On and after the date 
specified in Sec. 64.7(a) by which the owner or operator must use 
monitoring that meets the requirements of this part, the owner or 
operator shall submit monitoring reports to the permitting authority in 
accordance with Sec. 70.6(a)(3)(iii) of this chapter.
    (2) A report for monitoring under this part shall include, at a 
minimum, the information required under Sec. 70.6(a)(3)(iii) of this 
chapter and the following information, as applicable:
    (i) Summary information on the number, duration and cause (including 
unknown cause, if applicable) of excursions or exceedances, as 
applicable, and the corrective actions taken;
    (ii) Summary information on the number, duration and cause 
(including unknown cause, if applicable) for monitor downtime incidents 
(other than downtime associated with zero and span or other daily 
calibration checks, if applicable); and
    (iii) A description of the actions taken to implement a QIP during 
the reporting period as specified in Sec. 64.8. Upon completion of a 
QIP, the owner or operator shall include in the next summary report 
documentation that the implementation of the plan has been completed and 
reduced the likelihood of similar levels of excursions or exceedances 
occurring.
    (b) General recordkeeping requirements. (1) The owner or operator 
shall comply with the recordkeeping requirements specified in Sec. 
70.6(a)(3)(ii) of this chapter. The owner or operator shall maintain 
records of monitoring data, monitor performance data, corrective actions 
taken, any written quality improvement plan required pursuant to Sec. 
64.8 and any activities undertaken to implement a quality improvement 
plan, and other supporting information required to be maintained under 
this part (such as data used to document the adequacy of monitoring, or 
records of monitoring maintenance or corrective actions).
    (2) Instead of paper records, the owner or operator may maintain 
records on alternative media, such as microfilm, computer files, 
magnetic tape disks, or microfiche, provided that the use of such 
alternative media allows for expeditious inspection and review, and does 
not conflict with other applicable recordkeeping requirements.



Sec. 64.10  Savings provisions.

    (a) Nothing in this part shall:
    (1) Excuse the owner or operator of a source from compliance with 
any existing emission limitation or standard, or

[[Page 16]]

any existing monitoring, testing, reporting or recordkeeping requirement 
that may apply under federal, state, or local law, or any other 
applicable requirements under the Act. The requirements of this part 
shall not be used to justify the approval of monitoring less stringent 
than the monitoring which is required under separate legal authority and 
are not intended to establish minimum requirements for the purpose of 
determining the monitoring to be imposed under separate authority under 
the Act, including monitoring in permits issued pursuant to title I of 
the Act. The purpose of this part is to require, as part of the issuance 
of a permit under title V of the Act, improved or new monitoring at 
those emissions units where monitoring requirements do not exist or are 
inadequate to meet the requirements of this part.
    (2) Restrict or abrogate the authority of the Administrator or the 
permitting authority to impose additional or more stringent monitoring, 
recordkeeping, testing, or reporting requirements on any owner or 
operator of a source under any provision of the Act, including but not 
limited to sections 114(a)(1) and 504(b), or state law, as applicable.
    (3) Restrict or abrogate the authority of the Administrator or 
permitting authority to take any enforcement action under the Act for 
any violation of an applicable requirement or of any person to take 
action under section 304 of the Act.



PART 65_CONSOLIDATED FEDERAL AIR RULE--Table of Contents




                      Subpart A_General Provisions

Sec.
65.1 Applicability.
65.2 Definitions.
65.3 Compliance with standards and operation and maintenance 
          requirements.
65.4 Recordkeeping.
65.5 Reporting requirements.
65.6 Startup, shutdown, and malfunction plan and procedures.
65.7 Monitoring, recordkeeping, and reporting waivers and alternatives, 
          and alternative work practice for equipment leaks.
65.8 Procedures for approval of alternative means of emission 
          limitation.
65.9 Availability of information and confidentiality.
65.10 State authority.
65.11 Circumvention and prohibited activities.
65.12 Delegation of authority.
65.13 Incorporation by reference.
65.14 Addresses.
65.15-65.19 [Reserved]

Table 1 to Subpart A of Part 65--Applicable 40 CFR Parts 60, 61, and 63 
          General Provisions
Table 2 to Subpart A of Part 65--Applicable Referencing Subpart 
          Provisions
Table 3 to Subpart A of Part 65--Detection Sensitivity Levels (grams per 
          hour)

Subpart B [Reserved]

                        Subpart C_Storage Vessels

65.40 Applicability.
65.41 Definitions.
65.42 Control requirements.
65.43 Fixed roof with an internal floating roof (IFR).
65.44 External floating roof (EFR).
65.45 External floating roof converted into an internal floating roof.
65.46 Alternative means of emission limitation.
65.47 Recordkeeping provisions.
65.48 Reporting provisions.
65.49-65.59 [Reserved]

                         Subpart D_Process Vents

65.60 Applicability.
65.61 Definitions.
65.62 Process vent group determination.
65.63 Performance and group status change requirements.
65.64 Group determination procedures.
65.65 Monitoring.
65.66 Recordkeeping provisions.
65.67 Reporting provisions.
65.68-65.79 [Reserved]

Table 1 to Subpart D of Part 65--Concentration for Group Determination
Table 2 to Subpart D of Part 65--TRE Parameters for NSPS Referencing 
          Subparts
Table 3 to Subpart D of Part 65--TRE Parameters for HON Referencing 
          Subparts

                        Subpart E_Transfer Racks

65.80 Applicability.
65.81 Definitions.
65.82 Design requirements.
65.83 Performance requirements.
65.84 Operating requirements.
65.85 Procedures.
65.86 Monitoring.
65.87 Recordkeeping provisions.
65.88-65.99 [Reserved]

[[Page 17]]

                        Subpart F_Equipment Leaks

65.100 Applicability.
65.101 Definitions.
65.102 Alternative means of emission limitation.
65.103 Equipment identification.
65.104 Instrument and sensory monitoring for leaks.
65.105 Leak repair.
65.106 Standards: Valves in gas/vapor service and in light liquid 
          service.
65.107 Standards: Pumps in light liquid service.
65.108 Standards: Connectors in gas/vapor service and in light liquid 
          service.
65.109 Standards: Agitators in gas/vapor service and in light liquid 
          service.
65.110 Standards: Pumps, valves, connectors, and agitators in heavy 
          liquid service; pressure relief devices in liquid service; and 
          instrumentation systems.
65.111 Standards: Pressure relief devices in gas/vapor service.
65.112 Standards: Compressors.
65.113 Standards: Sampling connection systems.
65.114 Standards: Open-ended valves or lines.
65.115 Standards: Closed vent systems and control devices; or emissions 
          routed to a fuel gas system or process.
65.116 Quality improvement program for pumps.
65.117 Alternative means of emission limitation: Batch processes.
65.118 Alternative means of emission limitation: Enclosed-vented process 
          units.
65.119 Recordkeeping provisions.
65.120 Reporting provisions.
65.121-65.139 [Reserved]

Table 1 to Subpart F of Part 65--Batch Process Monitoring Frequency for 
          Equipment Other Than Connectors

 Subpart G_Closed Vent Systems, Control Devices, and Routing to a Fuel 
                         Gas System or a Process

65.140 Applicability.
65.141 Definitions.
65.142 Standards.
65.143 Closed vent systems.
65.144 Fuel gas systems and processes to which storage vessel, transfer 
          rack, or equipment leak regulated material emissions are 
          routed.
65.145 Nonflare control devices used to control emissions from storage 
          vessels or low-throughput transfer racks.
65.146 Nonflare control devices used for equipment leaks only.
65.147 Flares.
65.148 Incinerators.
65.149 Boilers and process heaters.
65.150 Absorbers used as control devices.
65.151 Condensers used as control devices.
65.152 Carbon adsorbers used as control devices.
65.153 Absorbers, condensers, carbon adsorbers, and other recovery 
          devices used as final recovery devices.
65.154 Halogen scrubbers and other halogen reduction devices.
65.155 Other control devices.
65.156 General monitoring requirements for control and recovery devices.
65.157 Performance test and flare compliance determination requirements.
65.158 Performance test procedures for control devices.
65.159 Flare compliance determination and monitoring records.
65.160 Performance test and TRE index value determination records.
65.161 Continuous records and monitoring system data handling.
65.162 Nonflare control and recovery device monitoring records.
65.163 Other records.
65.164 Performance test and flare compliance determination notifications 
          and reports.
65.165 Initial Compliance Status Reports.
65.166 Periodic reports.
65.167 Other reports.
65.168-65.169 [Reserved]

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

    Source: 65 FR 78285, Dec. 14, 2000, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 65.1  Applicability.

    (a) The provisions of this subpart apply to owners or operators 
expressly referenced to this part from a subpart of 40 CFR part 60, 61, 
or 63 for which the owner or operator has chosen to comply with the 
provisions of this part as an alternative to the provisions in the 
referencing subpart as specified in paragraph (b) of this section.
    (b) Owners or operators may choose to comply with this part for any 
regulated source subject to a referencing subpart.
    (c) Compliance with this part instead of the referencing subparts 
does not alter the applicability of the referencing subparts. This part 
applies to only the equipment, process vents, storage vessels, or 
transfer operations to which the referencing subparts apply. This part 
does not extend applicability to equipment, process vents, storage 
vessels, or transfer operations that are not regulated by the 
referencing subpart.

[[Page 18]]

    (d) The provisions of 40 CFR part 60, subpart A; 40 CFR part 61, 
subpart A; and 40 CFR part 63, subpart A, that are listed in table 1 of 
this subpart still apply to owners or operators of regulated sources 
expressly referenced to this part. The owner or operator shall comply 
with the provisions in table 1 of this subpart in the column 
corresponding to the referencing subpart. All provisions of 40 CFR part 
60, subpart A; 40 CFR part 61, subpart A; and 40 CFR part 63, subpart A, 
not expressly referenced in table 1 of this subpart do not apply, and 
the provisions of this part apply instead, except that provisions which 
were required to be met prior to implementation of this part 65 still 
apply.
    (e) The provisions of the referencing subparts that are listed in 
table 2 of this subpart still apply to owners or operators of regulated 
sources expressly referenced to this part. The owner or operator shall 
comply with the provisions in table 2 of this subpart in the row 
corresponding to the referencing subpart. All provisions of the 
referencing subparts not expressly referenced in table 2 to this subpart 
do not apply and the provisions of this part apply instead, except that 
provisions which were required to be met prior to implementation of this 
part 65 still apply.
    (f) Implementation date. Owners or operators who choose to comply 
with this part shall comply by the dates specified in paragraph (f)(1) 
of this section, as applicable, and shall meet the requirement in 
paragraph (f)(2) of this section.
    (1) Owners or operators shall implement this part as specified in an 
implementation schedule or at initial startup. The implementation date 
shall be established by mutual agreement with the Administrator or 
delegated authority. The implementation schedule shall be included in 
the source's title V permit. For non-title V sources, the implementation 
schedule shall be proposed by the source in the Initial Notification for 
Part 65 Applicability as specified in Sec. 65.5(c).
    (2) There shall be no gaps in compliance between compliance with the 
referencing subpart and compliance with this part.
    (g) Transitioning out of this part. Owners or operators who decide 
to no longer comply with this part and to comply with the provisions in 
the referencing subpart instead shall comply with the following, as 
applicable:
    (1) This transition shall be carried out on a date established in a 
title V permit or if the source is not a title V source, by a date 
established by agreement with the Administrator or delegated authority. 
The transition date shall be proposed in a title V permit amendment, or 
for non-title V sources, in a periodic report or separate notice.
    (2) There shall be no gaps in compliance between compliance with 
this part and compliance with the referencing subpart provisions.
    (h) Overlap with other subparts of this part. When provisions of 
another subpart of this part conflict with the provisions of this 
subpart, the provisions of the other subpart shall apply.
    (i) Equipment assignment procedures. If specific items of equipment 
(pumps, compressors, agitators, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, connectors, 
instrumentation systems, surge control vessels, and bottoms receivers) 
that are part of a process unit complying with this part are managed by 
different administrative organizations (for example, different 
companies, affiliates, departments, divisions, etc.), those items of 
equipment may be aggregated with any process unit within the plant site.



Sec. 65.2  Definitions.

    All terms used in this part shall have the meaning given them in the 
Act and in this section. If a term is defined both in this section and 
in other parts that reference the use of this part, the term shall have 
the meaning given in this section for purposes of this part. If a term 
is not defined in the Act or in this section, the term shall have the 
meaning given in the referencing subpart for purposes of this part. The 
terms follow:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq.).
    Administrator means the Administrator of the United States 
Environmental Protection Agency (EPA) or his or her authorized 
representative (for

[[Page 19]]

example, a State that has been delegated the authority to implement the 
provisions of this part).
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to title V 
of the Act (42 U.S.C. 7661).
    Automated continuous parameter monitoring system means a continuous 
parameter monitoring system that automatically both records the measured 
data and calculates hourly averages.
    Automated monitoring and recording system means any means of 
measuring values of monitored parameters and creating a hard copy or 
computer record of the measured values that does not require manual 
reading of monitoring instruments and manual transcription of data 
values. Automated monitoring and recording systems include, but are not 
limited to, computerized systems, strip charts, and circular charts.
    Batch process means a process in which the equipment is fed 
intermittently or discontinuously. Processing then occurs in this 
equipment after which the equipment is generally emptied. Examples of 
industries that use batch processes include pharmaceutical production 
and pesticide production.
    Batch product-process equipment train means the collection of 
equipment (for example, connectors, reactors, valves, pumps) configured 
to produce a specific product or intermediate by a batch process.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater. Boiler also means any industrial furnace as defined in 40 CFR 
260.10.
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further downstream 
processing.
    By compound means by individual stream components, not carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (for example, from opened to closed) in 
such a way that the position of the valve cannot be changed without 
breaking the seal.
    Closed vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device. A closed vent system does not include the vapor 
collection system that is part of any tank truck or railcar or the 
loading arm or hose that is used for vapor return. For transfer racks, 
the closed vent system begins at, and includes, the first block valve on 
the downstream side of the loading arm or hose used to convey displaced 
vapors.
    Closed vent system shutdown means a work practice or operational 
procedure that stops production from a process unit or part of a process 
unit during which it is technically feasible to clear process material 
from a closed vent system or part of a closed vent system consistent 
with safety constraints and during which repairs can be effected. An 
unscheduled work practice or operational procedure that stops production 
from a process unit or part of a process unit for less than 24 hours is 
not a closed vent system shutdown. An unscheduled work practice or 
operational procedure that would stop production from a process unit or 
part of a process unit for a shorter period of time than would be 
required to clear the closed vent system or part of the closed vent 
system of materials and start up the unit, and would result in greater 
emissions than delay of repair of leaking components until the next 
scheduled closed vent system shutdown, is not a closed vent system 
shutdown. The use of spare equipment and technically feasible bypassing 
of equipment without stopping production are not closed vent system 
shutdowns.
    Closed-loop system means an enclosed system that returns process 
fluid to a process.
    Closed-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers must be 
covered or closed when not being filled or emptied.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or

[[Page 20]]

boiler, used for the combustion of organic emissions.
    Compliance date means the date by which a regulated source is 
required to be in compliance with a relevant standard, limitation, 
prohibition, or any federally enforceable requirement established by the 
Administrator (or a State with an approved permit program) pursuant to 
the Act.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipelines or a pipeline and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are not 
inaccessible, ceramic, or ceramic-lined (for example, porcelain, glass, 
or glass-lined) as described in Sec. 65.108(e)(2).
    Continuous parameter monitoring system or CPMS means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part used to sample, condition (if 
applicable), analyze, and provide a record of process or control system 
parameters.
    Continuous record means documentation, either in hard copy or 
computer-readable form, of data values measured at least once every 15 
minutes and recorded at the frequency specified in Sec. 65.161(a).
    Continuous seal means a seal that is designed to form a continuous 
closure that completely covers the space between the wall of the storage 
vessel and the edge of the floating roof. A continuous seal may be a 
vapor-mounted, liquid-mounted, or metallic shoe seal. A continuous seal 
may be constructed of fastened segments so as to form a continuous seal.
    Control device means any combustion device, recovery device, or any 
combination of these devices used to comply with this part. Such 
equipment or devices include, but are not limited to, absorbers, carbon 
adsorbers, condensers, incinerators, flares, boilers, and process 
heaters. For process vents (as defined in this section), recovery 
devices are not considered control devices except for the recovery 
devices specified in Sec. 65.63(a)(2)(ii). A fuel gas system is not a 
control device. For a steam stripper, a primary condenser is not 
considered a control device.
    Control system means the combination of the closed vent system and 
the control devices used to collect and control vapors or gases from a 
regulated source.
    Day means a calendar day.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Ductwork means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Emission point means an individual process vent, storage vessel, 
transfer rack, wastewater stream, or equipment leak.
    Empty or emptying means the removal of the stored liquid from a 
storage vessel. Storage vessels where stored liquid is left on the 
walls, as bottom clingage, or in pools due to bottom irregularities are 
considered empty. Lowering of the stored liquid level, so that the 
floating roof is resting on its legs, as necessitated by normal vessel 
operation (for example, when changing stored material or when 
transferring material out of the vessel for shipment) is not considered 
emptying.
    Equipment means each of the following that is subject to control 
under the referencing subpart: pump, compressor, agitator, pressure 
relief device, sampling connection system, open-ended valve or line, 
valve, connector, and instrumentation system; and any control devices or 
systems used to comply with subpart F of this part.
    Equivalent method means any method of sampling and analyzing for an 
air pollutant that has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively known relationship 
to the reference method under specified conditions.
    External floating roof or EFR means a pontoon-type (noncontact) or 
double-

[[Page 21]]

deck-type (contact) roof that is designed to rest on the stored liquid 
surface in a storage vessel with no fixed roof.
    Failure, EFR (referred to as EFR failure) is defined as any time the 
external floating roof's primary seal has holes, tears, or other 
openings in the shoe, seal fabric, or seal envelope; or the secondary 
seal has holes, tears, or other openings in the seal or the seal fabric; 
or the gaskets no longer close off the stored liquid surface from the 
atmosphere; or a slotted membrane has more than 10 percent open area.
    Failure, internal floating roof type A (referred to as IFR type A 
failure) means any time, as determined during visual inspection through 
roof hatches, in which the internal floating roof is not resting on the 
surface of the stored liquid inside the storage vessel and is not 
resting on the leg supports; or there is stored liquid on the floating 
roof; or there are holes, tears, or other openings in the seal or seal 
fabric; or there are visible gaps between the seal and the wall of the 
storage vessel.
    Failure, internal floating roof type B (referred to as IFR type B 
failure) means any time, as determined during internal inspections, the 
internal floating roof's primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or the gaskets no longer close off the stored liquid 
surface from the atmosphere; or a slotted membrane has more than 10 
percent open area.
    Fill or filling means the introduction of liquids into a storage 
vessel, but not necessarily to complete capacity.
    First attempt at repair, for the purposes of subparts F and G of 
this part, means to take action for the purpose of stopping or reducing 
leakage of organic material to the atmosphere, followed by monitoring as 
specified in Sec. Sec. 65.104(b) and 65.143(c), as appropriate, to 
verify whether the leak is repaired, unless the owner or operator 
determines by other means that the leak is not repaired.
    Fixed roof means a roof that is mounted (for example, permanently 
affixed) on a storage vessel in a stationary manner and that does not 
move with fluctuations in stored liquid level.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a roof consisting of an external floating roof 
or an internal floating roof that is designed to rest upon and is 
supported by the stored liquid and is equipped with a continuous seal.
    Flow indicator means a device that indicates whether gas flow is 
present in a line, or whether the valve position would allow gas flow to 
be present in a line.
    Force majeure means, for purposes of Sec. 65.157, an event that 
will be or has been caused by circumstances beyond the control of the 
affected facility, its contractors, or any entity controlled by the 
affected facility that prevents the owner or operator from complying 
with the regulatory requirement to conduct performance tests within the 
specified timeframe despite the affected facility's best efforts to 
fulfill the obligation. Examples of such events are acts of nature, acts 
of war or terrorism, or equipment failure or safety hazard beyond the 
control of the affected facility.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in-process combustion equipment, such as furnaces and gas turbines, 
either singly or in combination.
    Group 1 process vent means a process vent for which the flow rate is 
greater than or equal to 0.011 standard cubic meter per minute (0.39 
cubic feet per minute); the total concentration is greater than or equal 
to the appropriate value in table 1 of subpart D of this part, and the 
total resource effectiveness index value, calculated according to Sec. 
65.64(h) is less than or equal to 1.0.
    Group 2A process vent means a process vent that is not Group 1 or 
Group 2B

[[Page 22]]

for which monitoring and recordkeeping are required to demonstrate a 
total resource effectiveness index value greater than 1.0.
    Group 2B process vent means a process vent that is not Group 1 or 
Group 2A for which monitoring and recordkeeping are not required to 
demonstrate a total resource effectiveness index value greater than 4.0, 
or which is exempt from control requirements due to the vent stream's 
flow rate, regulated material concentration, or total resource 
effectiveness index value.
    Halogenated vent stream or halogenated stream means, for purposes of 
this part, a vent stream determined to be halogenated by the procedures 
specified in Sec. 65.85(c) for transfer racks and in Sec. 65.64(g) for 
process vents, as applicable.
    Halogens and hydrogen halides means hydrogen chloride (HCl), 
chlorine (Cl2), hydrogen bromide (HBr), bromine 
(Br2), and hydrogen fluoride (HF).
    Hard-piping means pipe or tubing that is manufactured and installed 
using good engineering judgment and standards, such as ASME B31.3, 
Process Piping (available from the American Society of Mechanical 
Engineers, PO Box 2900, Fairfield, NJ 07007-2900).
    High-throughput transfer racks means those transfer racks that 
transfer greater than or equal to a total of 11.8 million liters per 
year (3.12 million gallons per year) of liquid containing regulated 
material.
    In food/medical service means that a piece of equipment in regulated 
material service contacts a process stream used to manufacture a Food 
and Drug Administration-regulated product where leakage of a barrier 
fluid into the process stream would cause any of the following:
    (1) A dilution of product quality so that the product would not meet 
written specifications;
    (2) An exothermic reaction that is a safety hazard;
    (3) The intended reaction to be slowed down or stopped; or
    (4) An undesired side reaction to occur.
    In gas/vapor service means that a piece of equipment in regulated 
material service contains a gas or vapor when in operation.
    In heavy liquid service means that a piece of equipment in regulated 
material service is not in gas/vapor service or in light liquid service.
    In light liquid service means that a piece of equipment in regulated 
material service contains a liquid that meets the following conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20 [deg]C (0.04 pounds per square inch 
at 68 [deg]F);
    (2) The total concentration of the pure organic compound 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
[deg]C (0.04 pounds per square inch at 68 [deg]F) is equal to or greater 
than 20 percent by weight of the total process stream; and
    (3) The fluid is a liquid at operating conditions. (Note: Vapor 
pressures may be determined by standard reference texts or American 
Society for Testing and Materials (ASTM) D-2879, available from American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, 
Pennsylvania 19103; or University Microfilms International, 300 North 
Zeeb Road, Ann Arbor, Michigan 48106.)
    In liquid service means that a piece of equipment in regulated 
material service is not in gas/vapor service.
    In regulated material service means, for the purposes of the 
equipment leak provisions of subpart F of this part, equipment which 
meets the definition of ``in volatile organic compound service,'' ``in 
volatile hazardous air pollutant service,'' ``in benzene service,'' ``in 
vinyl chloride service,'' or ``in organic hazardous air pollutant 
service'' as defined in the referencing subpart.
    In vacuum service means that equipment is operating at an internal 
pressure that is at least 5 kilopascals (0.7 pounds per square inch) 
below ambient pressure.
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery

[[Page 23]]

section is a separate section following the combustion section and the 
two are joined by ducts or connections carrying flue gas. This energy 
recovery section limitation does not apply to an energy recovery section 
used solely to preheat the incoming vent stream or combustion air.
    Initial startup means, for new or reconstructed sources, the first 
time the source begins production. For additions or changes not defined 
as a new source by an applicable referencing subpart, initial startup 
means the first time additional or changed equipment is put into 
operation. Initial startup does not include operation solely for testing 
equipment. Initial startup does not include subsequent startup (as 
defined in this section) of process units following malfunctions or 
process unit shutdowns. Except for equipment leaks, initial startup also 
does not include subsequent startups (as defined in this section) of 
process units following changes in product for flexible operation units 
or following recharging of equipment in batch operation.
    Instrumentation system means a group of equipment components used to 
condition and convey a sample of the process fluid to analyzers and 
instruments for the purpose of determining process operating conditions 
(for example, composition, pressure, flow). Valves and connectors are 
the predominant type of equipment used in instrumentation systems; 
however, other types of equipment may also be included in these systems. 
Only valves nominally 0.5 inches and smaller in diameter and connectors 
nominally 0.75 inches and smaller in diameter are considered 
instrumentation systems for the purposes of subpart F of this part.
    Intermediate change to monitoring means a modification to federally 
required monitoring involving ``proven technology'' (generally accepted 
by the scientific community as equivalent or better) that is applied on 
a site-specific basis and that may have the potential to decrease the 
stringency of the associated emission limitation or standard. Though 
site-specific, an intermediate change may set a national precedent for a 
source category and may ultimately result in a revision to the federally 
required monitoring. Examples of intermediate changes to monitoring 
include, but are not limited to:
    (1) Use of a continuous monitoring system (CEMS) in lieu of a 
parameter monitoring approach;
    (2) Decreased frequency for non-continuous parameter monitoring or 
physical inspections;
    (3) Changes to quality control requirements for parameter 
monitoring; and
    (4) Use of an electronic data reduction system in lieu of manual 
data reduction.
    Intermediate change to test method means a within-method 
modification to a federally enforceable test method involving ``proven 
technology'' (generally accepted by the scientific community as 
equivalent or better) that is applied on a site-specific basis and that 
may have the potential to decrease the stringency of the associated 
emission limitation or standard. Though site-specific, an intermediate 
change may set a national precedent for a source category and may 
ultimately result in a revision to the federally enforceable test 
method. In order to be approved, an intermediate change must be 
validated according to EPA Method 301 (40 CFR part 63, appendix A) to 
demonstrate that it provides equal or improved accuracy or precision. 
Examples of intermediate changes to a test method include, but are not 
limited to:
    (1) Modifications to a test method's sampling procedure including 
substitution of sampling equipment that has been demonstrated for a 
particular sample matrix; and use of a different impinger absorbing 
solution;
    (2) Changes in sample recovery procedures and analytical techniques, 
such as changes to sample holding times and use of a different 
analytical finish with proven capability for the analyte of interest; 
and
    (3) ``Combining'' a federally required method with another proven 
method for application to processes emitting multiple pollutants.
    Internal floating roof or IFR means a pontoon-type (noncontact) or 
double-deck-type (contact) roof that is designed to rest or float on the 
stored liquid surface inside a storage vessel that has a fixed roof.

[[Page 24]]

    Liquid-mounted seal means a foam-or liquid-filled continuous seal 
mounted in contact with the stored liquid.
    Liquids dripping means any visible leakage from a seal including 
dripping, spraying, misting, clouding, and ice formation. Indications of 
liquids dripping include puddling or new stains that are indicative of 
an existing evaporated drip.
    Loading cycle means the time period from the beginning of filling a 
tank truck or railcar until flow to the control device ceases as 
determined by the flow indicator.
    Low-throughput transfer racks means those transfer racks that 
transfer less than a total of 11.8 million liters per year (3.12 million 
gallons per year) of liquid containing regulated material.
    Major change to monitoring means a modification to federally 
required monitoring that uses ``unproven technology or procedures'' (not 
generally accepted by the scientific community) or is an entirely new 
method (sometimes necessary when the required monitoring is unsuitable). 
A major change to monitoring may be site-specific or may apply to one or 
more source categories and will almost always set a national precedent. 
Examples of major changes to monitoring include, but are not limited to:
    (1) Use of a new monitoring approach developed to apply to a control 
technology not contemplated in the applicable regulation in this part;
    (2) Use of a predictive emission monitoring system (PEMS) in place 
of a required continuous emission monitoring system (CEMS);
    (3) Use of alternative calibration procedures that do not involve 
calibration gases or test cells;
    (4) Use of an analytical technology that differs from that specified 
by a performance specification;
    (5) Decreased monitoring frequency for a continuous emission 
monitoring system, continuous opacity monitoring system, predictive 
emission monitoring system, or continuous parameter monitoring system;
    (6) Decreased monitoring frequency for a leak detection and repair 
program; and
    (7) Use of alternative averaging times for reporting purposes.
    Major change to test method means a modification to a federally 
enforceable test method that uses ``unproven technology or procedures'' 
(not generally accepted by the scientific community) or is an entirely 
new method (sometimes necessary when the required test method is 
unsuitable). A major change to a test method may be site-specific or may 
apply to one or more source categories and will almost always set a 
national precedent. In order to be approved, a major change must be 
validated according to EPA Method 301 (40 CFR part 63, appendix A). 
Examples of major changes to a test method include, but are not limited 
to:
    (1) Use of an unproven analytical finish;
    (2) Use of a method developed to fill a test method gap;
    (3) Use of a new test method developed to apply to a control 
technology not contemplated in the applicable regulation in this part; 
and
    (4) Combining two or more sampling/analytical methods (at least one 
unproven) into one for application to processes emitting multiple 
pollutants.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, monitoring 
equipment, process equipment, or a process to operate in a normal or 
usual manner which causes, or has the potential to cause, the emission 
limitations in an applicable standard to be exceeded. Failures that are 
caused in part by poor maintenance or careless operation are not 
malfunctions. Malfunctions that do not affect a regulated source or 
compliance with this part are not malfunctions for purposes of this 
part.
    Metallic shoe seal or mechanical shoe seal means metal sheets that 
are held vertically against the wall of the storage vessel by springs, 
weighted levers, or other mechanisms and connected to the floating roof 
by braces or other means. A flexible coated fabric (envelope) spans the 
annular space between the metal sheet and the floating roof.
    Minor change to monitoring means:
    (1) A modification to federally required monitoring that:
    (i) Does not decrease the stringency of the compliance and 
enforcement measures of the relevant standard;

[[Page 25]]

    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation in this part for other 
affected sources, does not set a national precedent, and individually 
does not result in a revision to the monitoring requirements); and
    (iii) Is site-specific, made to reflect or accommodate the 
operational characteristics, physical constraints, or safety concerns of 
an affected source.
    (2) Examples of minor changes to monitoring include, but are not 
limited to:
    (i) Modifications to a sampling procedure, such as use of an 
improved sample conditioning system to reduce maintenance requirements;
    (ii) Increased monitoring frequency; and
    (iii) Modification of the environmental shelter to moderate 
temperature fluctuation and thus protect the analytical instrumentation.
    Minor change to test method means:
    (1) A modification to a federally enforceable test method that:
    (i) Does not decrease the stringency of the emission limitation or 
standard;
    (ii) Has no national significance (e.g., does not affect 
implementation of the applicable regulation in this part for other 
affected sources, does not set a national precedent, and individually 
does not result in a revision to the test method); and
    (iii) Is site-specific, made to reflect or accommodate the 
operational characteristics, physical constraints, or safety concerns of 
an affected source.
    (2) Examples of minor changes to a test method include, but are not 
limited to:
    (i) Field adjustments in a test method's sampling procedure, such as 
a modified sampling traverse or location to avoid interference from an 
obstruction in the stack, increasing the sampling time or volume, use of 
additional impingers for a high moisture situation, accepting 
particulate emission results for a test run that was conducted with a 
lower than specified temperature, substitution of a material in the 
sampling train that has been demonstrated to be more inert for the 
sample matrix; and
    (ii) Changes in recovery and analytical techniques such as a change 
in quality control/quality assurance requirements needed to adjust for 
analysis of a certain sample matrix.
    Nonautomated monitoring and recording system means manual reading of 
values measured by monitoring instruments and manual transcription of 
those values to create a record. Nonautomated systems do not include 
strip charts nor circular charts.
    Nonrepairable means that it is technically infeasible to repair a 
piece of equipment from which a leak has been detected without a process 
unit shutdown.
    One-hour period means the 60-minute period commencing on the hour.
    Onsite or on-site means, with respect to records required to be 
maintained by this part, that the records are stored at a location 
within a plant site that encompasses the regulated source. Onsite 
includes, but is not limited to, storage at the regulated source to 
which the records pertain, or storage in central files elsewhere at the 
plant site.
    Open-ended valve or line means any valve except relief valves having 
one side of the valve seat in contact with process fluid and one side 
open to the atmosphere, either directly or through open piping.
    Organic monitoring device means a device used to indicate the 
concentration level of organic compounds based on a detection principle 
such as infrared, photo ionization, or thermal conductivity.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a regulated source or a stationary source of 
which a regulated source is a part.
    Part 70 permit means any permit issued, renewed, or revised pursuant 
to part 70 of this chapter.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified in 
the performance test section of the relevant standard.
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive

[[Page 26]]

Federal operating permit system established pursuant to title V of the 
Act and regulations codified in part 71 of this chapter.
    Permitting authority means one of the following:
    (1) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under part 70 of this chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this 
chapter.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Polymerizing monomer means, for the purposes of this part, a 
compound which may form polymer buildup in pump mechanical seals 
resulting in rapid mechanical seal failure.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the relief 
device. This release can be one release or a series of releases over a 
short time period.
    Pressure relief device or valve means a device used to prevent 
operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Primary fuel means the fuel that provides the principal heat input 
to the device. To be considered primary, the fuel must be able to 
sustain operation without the addition of other fuels.
    Process heater means an enclosed combustion device that transfers 
heat liberated by burning fuel directly to process streams or to heat 
transfer liquids other than water. A process heater may, as a secondary 
function, heat water in unfired heat recovery sections.
    Process unit means the equipment specified in the definitions of 
process unit or chemical manufacturing process unit in the applicable 
referencing subpart. If the referencing subpart does not define process 
unit, then, for the purposes of this part, process unit means the 
equipment assembled and connected by pipes or ducts to process raw 
materials and to manufacture an intended product.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs can be effected. An unscheduled 
work practice or operational procedure that stops production from a 
process unit or part of a process unit for less than 24 hours is not a 
process unit shutdown. An unscheduled work practice or operational 
procedure that would stop production from a process unit or part of a 
process unit for a shorter period of time than would be required to 
clear the process unit or part of the process unit of materials and 
start up the unit, and would result in greater emissions than delay of 
repair of leaking components until the next scheduled process unit 
shutdown is not a process unit shutdown. The use of spare equipment and 
technically feasible bypassing of equipment without stopping production 
are not process unit shutdowns.
    Process vent means a process vent or vent stream as they are defined 
in the referencing subpart.
    Recovery device means an individual unit of equipment capable of and 
normally used for the purpose of recovering chemicals for fuel value 
(i.e., net positive heating value), use, reuse, or for sale for fuel 
value, use, or reuse. Equipment capable of and used for the purpose of 
recovering chemicals, but not normally for use, reuse or sale, are not 
recovery devices but are control devices. Examples of equipment that may 
be recovery devices include absorbers, carbon adsorbers, condensers, 
oil-water separators or organic-water separators, or organic removal 
devices

[[Page 27]]

such as decanters, strippers, or thin-film evaporation units.
    Reference method means any method of sampling and analyzing for an 
air pollutant as specified in an applicable subpart, the appendices to 
40 CFR part 60 or 63, or in appendix B of 40 CFR part 61.
    Referencing subpart means 40 CFR part 60, subparts Ka, Kb, VV, DDD, 
III, NNN, and RRR; 40 CFR part 61, subparts V, Y, and BB; and 40 CFR 
part 63, subparts G and H.
    Regulated material means, for the purposes of this part, the 
material regulated by the specific referencing subpart, including 
volatile organic liquids (VOL), volatile organic compounds (VOC), 
organic hazardous air pollutants (HAP's), benzene, vinyl chloride, or 
other chemicals or groups of chemicals.
    Regulated source means, for the purposes of this part, the 
stationary source, the group of stationary sources, or the portion of a 
stationary source that is regulated by a relevant standard or other 
requirement established pursuant to this part, or 40 CFR part 60, 61, or 
63.
    Relief device or valve means a device or valve used only to release 
an unplanned, nonroutine discharge. A relief device or valve discharge 
can result from an operator error, a malfunction such as a power failure 
or equipment failure, or other unexpected cause that requires immediate 
venting of gas from process equipment in order to avoid safety hazards 
or equipment damage.
    Repaired means, for the purposes of subparts F and G of this part, 
that equipment meets the following conditions:
    (1) Is adjusted, or otherwise altered, to eliminate a leak as 
defined in the applicable section of this part; and
    (2) Unless otherwise specified in applicable provisions of this 
part, is monitored as specified in Sec. Sec. 65.104(b) and 65.143(c) to 
verify that emissions from the equipment are below the applicable leak 
definition.
    Routed to a process or route to a process means the emissions are 
conveyed to any enclosed portion of a process unit where the emissions 
are predominantly recycled and/or consumed in the same manner as a 
material that fulfills the same function in the process and/or 
transformed by chemical reaction into materials that are not regulated 
materials and/or incorporated into a product; and/or recovered.
    Run means one of a series of emission or other measurements needed 
to determine emissions for a representative operating period or cycle as 
specified in this part. Unless otherwise specified, a run may be either 
intermittent or continuous within the limits of good engineering 
practice.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take nonroutine grab 
samples is not considered a sampling connection system.
    Secondary fuel means a fuel fired through a burner other than the 
primary fuel burner that provides supplementary heat in addition to the 
heat provided by the primary fuel.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Set pressure means, for the purposes of subparts F and G of this 
part, the pressure at which a properly operating pressure relief device 
begins to open to relieve atypical process system operating pressure.
    Shutdown means the cessation of operation of a regulated source (for 
example, chemical manufacturing process unit or a reactor, air oxidation 
reactor, distillation unit) and equipment required or used to comply 
with this part, or the emptying and degassing of a storage vessel. 
Shutdown is defined here for purposes including, but not limited to, 
periodic maintenance, replacement of equipment, or repair. Shutdown does 
not include the routine rinsing or washing of equipment in batch 
operation between batches.
    Simultaneous loading means, for a shared control device, loading of 
regulated materials from more than one transfer arm at the same time so 
that the beginning and ending times of loading cycles coincide or 
overlap and there is no interruption in vapor flow to the shared control 
device.

[[Page 28]]

    Single-seal system means, for the purposes of subpart C of this 
part, a floating roof having one continuous seal. This seal may be a 
vapor-mounted, liquid-mounted, or metallic shoe seal.
    Specific gravity monitoring device means a unit of equipment used to 
monitor specific gravity and having a minimum accuracy of 0.02 specific gravity units.
    Startup means the setting into operation of a regulated source (for 
example, chemical manufacturing process unit or a reactor, air oxidation 
reactor, distillation unit, a storage vessel after emptying and 
degassing) and/or equipment required or used to comply with this part. 
Startup includes initial startup, operation solely for testing 
equipment, the recharging of equipment in batch operation, and 
transitional conditions due to changes in product for flexible operation 
units.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and statewide programs, that have delegated 
authority to implement the provisions of this part; the referencing 
subparts; and/or the permit program established under part 70 of this 
chapter. The term State shall have its conventional meaning where clear 
from the context.
    Steam jet ejector means a steam nozzle that discharges a high-
velocity jet across a suction chamber that is connected to the equipment 
to be evacuated.
    Stuffing box pressure means the fluid (liquid or gas) pressure 
inside the casing or housing of a piece of equipment, on the process 
side of the inboard seal.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit (as defined in the specific subpart that references this part) when 
in-process storage, mixing, or management of flow rates or volumes is 
needed to assist in production of a product.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having a minimum accuracy of 1 percent of the temperature being monitored expressed 
in degrees Celsius or 1.2 degrees Celsius ( 
[deg]C), whichever is greater.
    Title V permit means any permit issued, renewed, or revised pursuant 
to Federal or State regulations established under 40 CFR part 70 or 71 
to implement title V of the Act (42 U.S.C. 7661).
    Total organic compounds or TOC means those compounds measured 
according to the procedures specified in Sec. Sec. 65.64(c) and 
65.158(b)(3)(ii)(A), as applicable. Those compounds that the 
Administrator has determined do not contribute appreciably to the 
formation of ozone and that are specifically excluded from the 
definition of volatile organic compound at 40 CFR 51.100(s), as amended, 
are to be excluded for the purposes of measuring the hourly emission 
rate as required in Sec. 65.64(f) for process vents subject to subpart 
III, NNN, or RRR of part 60 of this chapter.
    Total resource effectiveness index value or TRE index value means a 
calculated value used to determine whether control is required for a 
process vent. It is based on process vent flow rate, emission rate of 
regulated material, net heating value, and corrosion properties 
(halogenated compound content), as quantified by the equations given 
under Sec. 65.64(h).
    Vapor balancing system means a piping system that is designed to 
collect regulated material vapors displaced from tank trucks or railcars 
during loading and to route the collected regulated material vapors to 
the storage vessel from which the liquid being loaded originated, or to 
another storage vessel connected by a common header; or to compress and 
route to a process or a fuel gas system the collected regulated material 
vapors.
    Vapor-mounted seal means a continuous seal that is mounted so that 
there is a vapor space between the stored liquid and the bottom of the 
seal.
    Visible emission means the observation of an emission of opacity or 
optical density above the threshold of vision.

[65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006; 
72 FR 48942, Aug. 27, 2007]

[[Page 29]]



Sec. 65.3  Compliance with standards and operation and maintenance 

requirements.

    (a) Requirements. (1) Except as provided in paragraph (a)(2) of this 
section, the emission standards and established parameter ranges of this 
part shall apply at all times except during periods of startup, shutdown 
(as defined in Sec. 65.2), malfunction, or nonoperation of the 
regulated source (or specific portion thereof) resulting in cessation of 
the emissions to which this part applies. However, if a startup, 
shutdown, malfunction, or period of nonoperation of one portion of a 
regulated source does not affect the ability of a particular emission 
point to comply with the specific provisions to which it is subject, 
then that emission point shall still be required to comply with the 
applicable provisions of this part during the startup, shutdown, 
malfunction, or period of nonoperation. For example, if there is an over 
pressure in the reactor area, a storage vessel in a chemical 
manufacturing process unit would still be required to be controlled in 
accordance with subpart C of this part. Similarly, the degassing of a 
storage vessel would not affect the ability of a process vent to meet 
the requirements of subpart D or G of this part.
    (2) Sections 65.106 through 65.118 shall apply at all times except 
during periods of startup or shutdown (as defined in Sec. 65.2), 
malfunction, process unit shutdown (as defined in Sec. 65.2), or 
nonoperation of the regulated source (or specific portion thereof) in 
which the lines are drained and depressurized resulting in cessation of 
the emissions to which subpart F of this part applies.
    (3) During startups, shutdowns, and malfunctions when the emission 
standards of this part do not apply pursuant to paragraphs (a)(1) and 
(2) of this section, the owner or operator shall implement, to the 
extent reasonably available, measures to prevent or minimize emissions 
in excess of those that would have occurred if there were no startup, 
shutdown, or malfunction and the owner or operator complied with the 
relevant provisions of this part. The measures to be taken may include, 
but are not limited to, air pollution control technologies, recovery 
technologies, work practices, pollution prevention, monitoring, and/or 
changes in the manner of operation of the regulated source. Backup 
control devices are not required but may be used if available. This 
paragraph (a)(3) does not apply to Group 2A or Group 2B process vents.
    (4) Malfunctions shall be corrected as soon as practical after their 
occurrence. This paragraph (a)(4) does not apply to Group 2A or Group 2B 
process vents.
    (5) Operation and maintenance requirements established pursuant to 
section 112 of the Act are enforceable independent of emissions 
limitations or other requirements in relevant standards.
    (b) Compliance determination procedures.--(1) Parameter monitoring: 
Compliance with operating conditions. The parameter monitoring data for 
emission points that are required to perform continuous monitoring shall 
be used to determine compliance with the required operating conditions 
for the monitored control devices or recovery devices. For each 
excursion, except for excused excursions and as provided for in 
paragraph (b)(2) of this section, the owner or operator shall be deemed 
to have failed to have applied the control in a manner that achieves the 
required operating conditions. Excused excursions are provided for in 
Sec. 65.156(d)(2).
    (2) Parameter monitoring: Excursions. If the conditions of paragraph 
(b)(2)(i) or (ii) of this section are met, an excursion is not a 
violation and, in cases where continuous monitoring is required, the 
excursion does not count toward the number of excused excursions. 
Nothing in this paragraph (b)(2) shall be construed to allow or excuse a 
monitoring parameter excursion caused by any activity that violates 
other applicable provisions of this part.
    (i) During periods of startup, shutdown, or malfunction (and the 
source is operated during such periods in accordance with Sec. 
65.3(a)(3)), a monitoring parameter is outside its established range or 
monitoring data cannot be collected; or
    (ii) During periods of nonoperation of the regulated source or 
portion thereof (resulting in cessation of the emissions to which the 
monitoring applies).

[[Page 30]]

    (3) Operation and maintenance procedures. Determination of whether 
acceptable operation and maintenance procedures are being used will be 
based on information available to the Administrator that may include, 
but is not limited to, monitoring results, review of operation and 
maintenance procedures (including the startup, shutdown, and malfunction 
plan, if applicable, required in Sec. 65.6(a), as applicable), review 
of operation and maintenance records, inspection of the regulated 
source, and alternatives approved as specified in Sec. 65.7.
    (4) Emissions standards. Paragraphs (b)(4)(i) and (ii) of this 
section shall govern the use of data, tests, and requirements to 
determine compliance with emissions standards. Paragraphs (b)(4)(i) and 
(ii) do not apply to Group 2A or Group 2B process vents. Compliance with 
design, equipment, work practice, and operational standards, including 
those for equipment leaks, shall be determined according to paragraph 
(b)(5) of this section.
    (i) Performance test. The Administrator will determine compliance 
with emission standards of this part based on the results of performance 
tests conducted according to the procedures specified in subpart G of 
this part, unless otherwise specified in a subpart of this part.
    (ii) Operation and maintenance requirements. The Administrator will 
determine compliance with emission standards of this part by evaluation 
of an owner or operator's conformance with operation and maintenance 
requirements, including the evaluation of monitoring data, as specified 
in subparts of this part.
    (5) Design, equipment, work practice, or operational standards. 
Paragraphs (b)(5)(i) and (ii) do not apply to Group 2A or Group 2B 
process vents.
    (i) Records and inspection. The Administrator will determine 
compliance with design, equipment, work practice, or operational 
standards by review of records, inspection of the regulated source, and 
other procedures specified in this part.
    (ii) Operation and maintenance. The Administrator will determine 
compliance with design, equipment, work practice, or operational 
standards by evaluation of an owner or operator's conformance with 
operation and maintenance requirements as specified in paragraph (a) of 
this section, in other subparts of this part, and in applicable 
provisions of Sec. 65.6(b).
    (c) Finding of compliance. The Administrator will make a finding 
concerning a regulated source's compliance with an emission standard, 
design standard, work practice, operational standard or operating and 
maintenance requirement as specified in paragraphs (a) and (b) of this 
section upon obtaining all the compliance information required by the 
relevant standard (including the written reports of performance test 
results, monitoring results, and other information, if applicable) and 
any information available to the Administrator needed to determine 
whether proper operation and maintenance practices are being used. 
Standards in this part and methods of determining compliance are given 
in metric units followed by the equivalents in English units. The 
Administrator will make findings of compliance with the standards of 
this part using metric units.
    (d) Compliance times. All terms that define a period of time for 
completion of required tasks (for example, weekly, monthly, quarterly, 
annually) unless specified otherwise in the section or paragraph that 
imposes the requirement refer to the standard calendar periods.
    (1) Notwithstanding time periods specified for completion of 
required tasks, time periods may be changed by mutual agreement between 
the owner or operator and the Administrator as specified in Sec. 
65.5(h)(3) (for example, a period could begin on the compliance date or 
another date, rather than on the first day of the standard calendar 
period). For each time period that is changed by agreement, the revised 
period applies until it is changed. A new request is not necessary for 
each recurring period.
    (2) When the period specified for compliance is a standard calendar 
period, if the initial compliance date occurs after the beginning of the 
period, compliance shall be required according to the schedule specified 
in the following paragraphs, as appropriate:

[[Page 31]]

    (i) Compliance shall be required before the end of the standard 
calendar period within which the compliance deadline occurs if there 
remain at least 3 days for tasks that must be performed weekly, at least 
2 weeks for tasks that must be performed monthly, at least 1 month for 
tasks that must be performed each quarter, or at least 3 months for 
tasks that must be performed annually; or
    (ii) In all other cases, compliance shall be required before the end 
of the first full standard calendar period after the period within which 
the initial compliance deadline occurs.
    (3) In all instances where a provision requires completion of a task 
during each of multiple successive periods, an owner or operator may 
perform the required task at any time during the specified period 
provided the task is conducted at a reasonable interval after completion 
of the task during the previous period.

[65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006]



Sec. 65.4  Recordkeeping.

    (a) Maintaining notifications, records, and reports. Except as 
provided in paragraph (b) of this section, the owner or operator of each 
regulated source subject to this part shall keep copies of 
notifications, reports, and records required by this part for the length 
of time specified in the following, as applicable:
    (1) If an owner or operator is required to obtain or operate a 
regulated source under a title V permit, then all applicable 
notifications, reports, and records for that regulated source shall be 
maintained for at least 5 years, except for the records required in 
Sec. 65.47(b) for storage vessel capacity, Sec. 65.104(e)(2) for valve 
and connector monitoring, and Sec. 65.163(d)(1) for closed vent system 
design specifications.
    (2) If an owner or operator is not required to obtain or operate a 
regulated source under a title V permit, then all notifications, 
reports, and records for that regulated source required by this part 
shall be maintained for at least 2 years, except for the records 
required in Sec. 65.47(b) for storage vessel capacity, Sec. 
65.104(e)(2) for valve and connector monitoring, and Sec. 65.163(d)(1) 
for closed vent system design specifications.
    (b) Copies of reports. If an owner or operator submits reports to 
the applicable EPA Regional Office, the owner or operator is not 
required to maintain copies of those reports. If the EPA Regional Office 
has waived the requirement of Sec. 65.5(g)(1) for submittal of copies 
of reports, the owner or operator is not required to maintain copies of 
the waived reports. Paragraph (b) of this section applies only to 
reports and not the underlying records which must be maintained as 
specified throughout this part.
    (c) Availability of records. All applicable records shall be 
maintained in such a manner that they can be readily accessed and are 
suitable for inspection as specified in the following:
    (1) Except as specified in paragraph (c)(2) of this section, records 
of the most recent 2 years shall be retained onsite or shall be 
accessible to an inspector while onsite. The records of the remaining 3 
years, where required, may be retained offsite.
    (2) For sources referenced to this part from 40 CFR part 63, subpart 
G or H, the most recent 6 months of records shall be retained on site or 
shall be accessible to an inspector while onsite from a central location 
by computer or other means that provides access within 2 hours after a 
request. The remaining 4 and one-half years of records, where required, 
may be retained offsite.
    (3) Records specified in paragraph (c)(1) or (2) of this section may 
be maintained in hard copy or computer-readable form including, but not 
limited to, on paper, microfilm, computer, computer disk, magnetic tape, 
or microfiche.



Sec. 65.5  Reporting requirements.

    (a) Required reports. Each owner or operator of a regulated source 
subject to this subpart shall submit the following reports, as 
applicable:
    (1) A Notification of Initial Startup described in paragraph (b) of 
this section.
    (2) An Initial Notification for Part 65 Applicability described in 
paragraph (c) of this section.

[[Page 32]]

    (3) An Initial Compliance Status Report described in paragraph (d) 
of this section.
    (4) Periodic reports described in paragraph (e) of this section.
    (5) Other reports shall be submitted as specified elsewhere in this 
part.
    (6) Startup, Shutdown, and Malfunction Reports described in Sec. 
65.6(c).
    (b) Notification of Initial Startup--(1) Contents. Any owner or 
operator of a regulated source which elects to comply with this part at 
initial startup shall send the Administrator written notification of the 
actual date of initial startup of a regulated source.
    (2) Due date. The notification of the actual date of initial startup 
shall be postmarked within 15 days after such date.
    (c) Initial Notification for Part 65 Applicability. Owners or 
operators of regulated sources that have been subject to a 40 CFR part 
60, 61, or 63 standard, and who wish to comply with this part, and who 
are not operating the regulated source under an approved title V permit 
shall notify the Administrator of their intent. The notice shall include 
the information specified in paragraphs (c)(1) through (7) of this 
section, as applicable, and may accompany the application for a 
construction permit for the regulated source. This notification may be 
waived by the Administrator.
    (1) Identification of the storage vessels subject to subpart C of 
this part.
    (2) Identification of the process vents subject to subpart D of this 
part, including process vent group status as specified in Sec. 
65.62(a).
    (3) Identification of the process vents subject to 40 CFR part 60, 
subpart DDD, complying with requirements of subpart G of this part.
    (4) Identification of the transfer racks subject to subpart E of 
this part.
    (5) For equipment leaks, identification of the process units subject 
to subpart F of this part.
    (6) The proposed implementation schedule specified in Sec. 
65.1(f)(1) for sources identified in paragraphs (c)(1) through (5) of 
this section.
    (7) Process unit identification. As an alternative to requirements 
specified in paragraphs (c)(1) through (4) of this section, the process 
units can be identified instead of the individual pieces of equipment. 
For this alternative, the kind of emission point in the process unit 
that will comply must also be identified.
    (d) Initial Compliance Status Report--(1) Contents. The owner or 
operator shall submit an Initial Compliance Status Report for each 
regulated source subject to this part containing the information 
specified in the subparts of this part. Unless the required information 
has already been submitted under requirements of the applicable 
referencing subpart, this information can be submitted as part of a 
title V permit application or amendment.
    (2) Due date. The owner or operator shall submit the Initial 
Compliance Status Report for each regulated source within 240 days after 
the applicable compliance date specified in the referencing subparts, or 
within 60 days after the completion of the initial performance test or 
initial compliance determination, whichever is earlier. Initial 
compliance Status Reports may be combined for multiple regulated sources 
as long as the due date requirements for all sources covered in the 
combined report are met.
    (e) Periodic reports. The owner or operator of a source subject to 
monitoring requirements of this part or to other requirements of this 
part where periodic reporting is specified, shall submit a periodic 
report.
    (1) Contents. Periodic reports shall include all information 
specified in subparts of this part.
    (2) Due date. The periodic report shall be submitted semiannually no 
later than 60 calendar days after the end of each 6-month period. The 
first report shall be submitted as specified in the following, as 
applicable:
    (i) The first report shall be submitted no later than the last day 
of the month that includes the date 8 months after the date the source 
became subject to this part or since the last part 60, 61, or 63 
periodic report was submitted for the applicable requirement, whichever 
is earlier.
    (ii) For sources electing to comply with the CAR at initial startup, 
the first report shall cover the 6 months after the Initial Compliance 
Status Report is due. The first report shall be

[[Page 33]]

submitted no later than the last day of the month that includes the date 
8 months after the Initial Compliance Status Report is due.
    (3) Overlap with title V reports. Information required by this part, 
which is submitted with a title V periodic report, need not also be 
included in a subsequent periodic report required by this part. The 
title V report shall be referenced in the periodic report required by 
this part.
    (f) General report content. All reports and notifications submitted 
pursuant to this part, including reports that combine information from 
this part and a referencing subpart, shall include the following 
information:
    (1) The name, address, and telephone number (fax number may also be 
provided) of the owner or operator.
    (2) The name, address and telephone number of the person to whom 
inquiries should be addressed, if different than the owner/operator.
    (3) The address (physical location) of the reporting facility.
    (4) Identification of each regulated source covered in the 
submission and identification of which subparts (referencing subparts 
and this part 65) options from this part are applicable to that 
regulated source. Summaries and groupings of this information are 
permitted.
    (g) Report and notification submission--(1) Submission. All reports 
and notifications required under this part shall be sent to the 
Administrator at the appropriate EPA Regional Office and to the 
delegated State authority, except that requests for permission to use an 
alternative means of emission limitation as provided for in Sec. 
65.8(a) shall be submitted to the Director of the EPA Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
MD-10, Research Triangle Park, North Carolina, 27711. The EPA Regional 
Office may waive the requirement to receive a copy of any reports or 
notifications at its discretion.
    (2) Submission of copies. If any State requires a notice that 
contains all the information required in a report or notification listed 
in this part, an owner or operator may send the appropriate EPA Regional 
Office a copy of the report or notification sent to the State to satisfy 
the requirements of this part for that report or notification.
    (3) Method of submission. Wherever this subpart specifies 
``postmark'' dates, submittals may be sent by methods other than the 
U.S. Mail (for example, by fax or courier). Submittals shall be sent on 
or before the specified date.
    (4) Submission by electronic media. If acceptable to both the 
Administrator and the owner or operator of a source, reports may be 
submitted on electronic media.
    (h) Adjustment to timing of submittals and review of required 
communications--(1) Alignment with title V submission. An owner or 
operator may submit periodic reports required by this part on the same 
schedule as the title V periodic report for the facility. The owner or 
operator using this option need not obtain prior approval, but must 
assure no reporting gaps from the last periodic report for the relevant 
standards. The owner or operator shall clearly identify the change in 
reporting schedule in the first report filed under paragraph (h) of this 
section. The requirements of paragraph (e) of this section are not 
waived when implementing this change.
    (2) Request for adjustment. An owner or operator may arrange by 
mutual agreement (which may be a standing agreement) with the 
Administrator a common schedule on which periodic reports required by 
this part shall be submitted throughout the year as long as the 
reporting period is not extended. An owner or operator who wishes to 
request a change in a time period or postmark deadline for a particular 
requirement shall request the adjustment in writing as soon as practical 
before the subject activity is required to take place. The owner or 
operator shall include in the request whatever information he or she 
considers useful to convince the Administrator that an adjustment is 
warranted. A request for a change to the periodic reporting schedule 
need only be made once for every schedule change and not once for every 
semiannual report submitted.
    (3) Approval of request for adjustment. If, in the Administrator's 
judgment, an owner or operator's request for an adjustment to a 
particular time period or postmark deadline is warranted, the

[[Page 34]]

Administrator will approve the adjustment. The Administrator will notify 
the owner or operator in writing of approval or disapproval of the 
request for an adjustment within 15 calendar days of receiving 
sufficient information to evaluate the request.
    (4) Notification of delay. If the Administrator is unable to meet a 
specified deadline, the owner or operator will be notified of any 
significant delay and informed of the amended schedule.
    (i) Unless already submitted in a previous report, an owner or 
operator shall report in a title V permit application or as otherwise 
specified by the permitting authority, the information listed in 
paragraphs (i)(1) through (5) of this section. This information shall be 
submitted to the Administrator if the regulated source is not a title V 
source.
    (1) A list designating each emission point complying with subparts C 
through G of this part and whether each process vent is Group 1, Group 
2A, or Group 2B.
    (2) The control technology or method of compliance that will be 
applied to each emission point.
    (3) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in subparts C 
through G of this part that are applicable to each emission point will 
be implemented beginning on the date of compliance as specified in the 
referencing subpart.
    (4) The monitoring information in Sec. 65.162(e) if, for any 
emission point, the owner or operator of a source seeks to comply 
through use of a control technique other than those for which monitoring 
parameters are specified in Sec. Sec. 65.148 through 65.154.
    (5) Any requests for alternatives to the continuous operating 
parameter monitoring and recordkeeping provisions, as specified in Sec. 
65.162(d).



Sec. 65.6  Startup, shutdown, and malfunction plan and procedures.

    (a) Paragraphs (b) and (c) of this section do not apply to Group 2A 
or Group 2B process vents.
    (b) Startup, shutdown, and malfunction plan--(1) Description and 
purpose of plan. The owner or operator of a regulated source shall 
develop a written startup, shutdown, and malfunction plan that 
describes, in detail, procedures for operating and maintaining the 
regulated source during periods of startup, shutdown, and malfunction 
and a program of corrective action for malfunctioning process and air 
pollution control equipment used to comply with the relevant standard. 
The plan shall also address routine or otherwise predictable CPMS 
malfunctions. This plan shall be developed by the owner or operator by 
the regulated source's implementation date as specified in Sec. 
65.1(f), or for sources referenced from 40 CFR part 63, subpart F, by 
the compliance date specified in that subpart. The requirement to 
develop this plan shall be incorporated into the source's title V 
permit. This requirement is optional for equipment that must comply with 
subpart F of this part. It is not optional for equipment equipped with a 
closed vent system and control device subject to subpart G of this part. 
The purposes of the startup, shutdown, and malfunction plan are 
described in the following:
    (i) To ensure that owners or operators are prepared to correct 
malfunctions as soon as practical after their occurrence in order to 
minimize excess emissions of regulated material (excess emissions are 
defined in Sec. 65.3(a)(4)); and
    (ii) To reduce the reporting burden associated with periods of 
startup, shutdown, and malfunction (including corrective action taken to 
restore malfunctioning process and air pollution control equipment to 
its normal or usual manner of operation).
    (2) Operation of source. During periods of startup, shutdown, and 
malfunction, the owner or operator of a regulated source shall operate 
and maintain such source (including associated air pollution control 
equipment and CPMS) in accordance with Sec. 65.3(a). The general duty 
to minimize emissions during a period of startup, shutdown, or 
malfunction does not require the owner or operator to achieve emission 
levels that would be required by the applicable standard at other times 
if this is not consistent with safety and good air pollution control 
practices, nor does it require the owner or operator to make any further 
efforts to reduce emissions if levels required by the applicable

[[Page 35]]

standard have been achieved. Determination of whether such operation and 
maintenance procedures are being used will be based on information 
available to the Administrator which may include, but is not limited to, 
monitoring results, review of operation and maintenance procedures 
(including the startup, shutdown, and malfunction plan required in 
paragraph (b)(1) of this section), review of operation and maintenance 
records, and inspection of the source.
    (3) Use of additional procedures. To satisfy the requirements of 
this section to develop a startup, shutdown, and malfunction plan, the 
owner or operator may use the regulated source's standard operating 
procedures (SOP) manual, or an Occupational Safety and Health 
Administration (OSHA) or other plan, provided the alternative plans meet 
all the requirements of this section and are made available for 
inspection when requested by the Administrator.
    (4) Revisions to the plan. Based on the results of a determination 
made under Sec. 65.3(b)(3), the Administrator may require that an owner 
or operator of a regulated source make changes to the startup, shutdown, 
and malfunction plan for that source. The Administrator may require 
reasonable revisions to a startup, shutdown, and malfunction plan, if 
the Administrator finds that the plan is inadequate as specified in the 
following:
    (i) Does not address a startup, shutdown, and malfunction event of 
the CPMS, the air pollution control equipment, or the regulated source 
that has occurred; or
    (ii) Fails to provide for the operation of the regulated source 
(including associated air pollution control equipment and CPMS) during a 
startup, shutdown, and malfunction event in a manner consistent with 
good air pollution control practices for minimizing emissions to the 
extent practical; or
    (iii) Does not provide adequate procedures for correcting 
malfunctioning process and/or air pollution control equipment as quickly 
as practicable; or
    (iv) Does not provide adequate measures to prevent or minimize 
excess emissions to the extent practical as specified and defined in 
Sec. 65.3(a)(4).
    (5) Additional malfunction plan requirements. If the startup, 
shutdown, and malfunction plan fails to address or inadequately 
addresses an event that meets the characteristics of a malfunction but 
was not included in the startup, shutdown, and malfunction plan at the 
time the owner or operator developed the plan, the owner or operator 
shall revise the startup, shutdown, and malfunction plan within 45 days 
after the event to include detailed procedures for operating and 
maintaining the regulated source during similar malfunction events, and 
a program of corrective action for similar malfunctions of process or 
air pollution control equipment or CPMS.
    (6) Retain plan on site. The current plan must be kept on site at 
all times.
    (c) Periodic startup, shutdown, and malfunction reports. During the 
reporting period, reports shall only be required for startup, shutdown, 
and malfunction during which excess emissions as defined in Sec. 
65.3(a)(4) occur. A startup, shutdown, and malfunction report can be 
submitted as part of a periodic report required under Sec. 65.5(e), or 
on a more frequent basis if specified otherwise in a relevant standard 
or as established otherwise by the permitting authority in the source's 
title V permit. The startup, shutdown, and malfunction report shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half (or other calendar reporting period, as appropriate), 
unless the information is submitted with the periodic report. The report 
shall include the following information, as appropriate:
    (1) The name, title, and signature of the owner or operator or other 
responsible official certifying its accuracy.
    (2) The number of startup, shutdown, malfunction events and the 
total duration of all periods of startup, shutdown, and malfunction for 
the reporting period.
    (3) If actions taken by an owner or operator during a startup, 
shutdown, and malfunction of a regulated source, or of a control device 
or monitoring system required for compliance (including actions taken to 
correct a malfunction) are consistent with the procedures specified in 
the source's startup, shutdown, and malfunction plan,

[[Page 36]]

then the owner or operator shall state such information in a startup, 
shutdown, and malfunction report, and describe the actions taken. Such 
description can take the form of a checklist; only one checklist is 
necessary if actions taken are the same for multiple events during the 
reporting period.
    (4) If at any time an action taken by an owner or operator, during a 
startup, shutdown, or malfunction (including actions taken to correct a 
malfunction) during which excess emissions occur, as defined in Sec. 
65.3(a)(4), is not consistent with the procedures specified in the 
regulated source's startup, shutdown, and malfunction plan, the owner or 
operator shall report the actions taken for that event as part of the 
periodic report. The report shall explain the circumstances of the 
event, the reasons for not following the startup, shutdown, and 
malfunction plan, and whether any excess emissions and/or parameter 
monitoring exceedances are believed to have occurred.

[65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006]



Sec. 65.7  Monitoring, recordkeeping, and reporting waivers and alternatives, 

and alternative work practice for equipment leaks.

    (a) Waiver of recordkeeping or reporting requirements--(1) Waiver 
application. The owner or operator may apply for a waiver from 
recordkeeping or reporting requirements if the regulated source is 
achieving the relevant standard(s), or the source is operating under an 
extension of compliance under 40 CFR 63.6(i), or a waiver of compliance 
under 40 CFR 61.10(b), or the owner or operator has requested an 
extension or waiver of compliance and the Administrator is still 
considering that request. The waiver application shall be submitted in 
writing to the Administrator.
    (2) Extension of compliance request. If an application for a waiver 
of recordkeeping or reporting is made, the application shall accompany 
the request for an extension of compliance under 40 CFR 63.6(i) or the 
request for a waiver of compliance under 40 CFR 61.10(b), any required 
compliance progress report or compliance status report required in the 
source's title V permit application or a permit modification 
application, or a periodic report required under this part, whichever is 
applicable. The application shall include whatever information the owner 
or operator considers useful to convince the Administrator that a waiver 
of recordkeeping or reporting is warranted.
    (3) Approval or denial of waiver. The Administrator will approve or 
deny a request for a waiver of recordkeeping or reporting requirements 
when performing one of the following actions:
    (i) Approves or denies an extension of compliance under 40 CFR 
63.6(i) or a waiver of compliance under 40 CFR 61.10(b); or
    (ii) Makes a determination of compliance following the submission of 
a required compliance status report or periodic report; or
    (iii) Makes a determination of suitable progress toward compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (4) Waiver conditions. A waiver of any recordkeeping or reporting 
requirement granted under this paragraph (a) may be conditioned on other 
recordkeeping or reporting requirements deemed necessary by the 
Administrator.
    (5) Waiver cancellation. Approval of any waiver granted under this 
section shall not abrogate the Administrator's authority under the Act 
or in any way prohibit the Administrator from later canceling the 
waiver. The cancellation will be made only after notice is given to the 
owner or operator of the regulated source.
    (b) Requests for approval of alternative monitoring or 
recordkeeping. An owner or operator may submit a written request for 
approval to use alternatives to the monitoring or recordkeeping 
provisions of this part. For process vents and transfer racks, except 
low-throughput transfer racks, the provisions in paragraph (c) of this 
section shall govern the review and approval of requests. In addition, 
the application shall include information justifying the owner or 
operator's request for an alternative monitoring or recordkeeping 
method, such as the technical or economic infeasibility, or the 
impracticality, of the regulated source using the required method. For 
storage

[[Page 37]]

vessels and low throughput transfer racks, owners and operators shall 
comply with the requirements of Sec. 65.145(b) for preparing and 
submitting a design evaluation. For equipment leaks, owners and 
operators shall comply with the recordkeeping requirements of Sec. 
65.163(d). Owners and operators are also provided the option of 
complying with an alternative work practice for monitoring leaking 
equipment in Sec. 65.7 (e), (f), and (g) rather than monitoring 
equipment with a 40 CFR part 60, appendix A-7, Method 21 monitor.
    (c) Approval or denial of request to use alternative monitoring or 
recordkeeping. The Administrator will notify the owner or operator of 
approval or intention to deny approval of the request to use an 
alternative monitoring or recordkeeping method within 90 calendar days 
after receipt of the original request and within 30 calendar days after 
receipt of any supplementary information that is submitted. Before 
disapproving any request to use an alternative method, the Administrator 
will notify the applicant of the Administrator's intention to disapprove 
the request together with the following:
    (1) Notice of the information and findings on which the intended 
disapproval is based; and
    (2) Notice of opportunity for the owner or operator to present 
additional information to the Administrator before final action on the 
request. At the time the Administrator notifies the applicant of the 
intention to disapprove the request, the Administrator will specify how 
much time the owner or operator will have after being notified of the 
intended disapproval to submit the additional information.
    (d) Use of an alternative monitoring or recordkeeping method. (1) 
The owner or operator of a regulated source is subject to the monitoring 
and recordkeeping requirements of the relevant standard unless 
permission to use an alternative monitoring or recordkeeping method 
requested under paragraph (b) of this section or Sec. 65.162(d) has 
been granted by the Administrator. Once an alternative is approved, the 
owner or operator shall use the alternative for the emission points or 
regulated sources cited in the approval and shall meet the monitoring 
and recordkeeping requirements of the relevant standard for all other 
emission points or regulated sources.
    (2) If the Administrator approves the use of an alternative 
monitoring or recordkeeping method for a regulated source under 
paragraph (c) of this section, the owner or operator of such source 
shall continue to use the alternative monitoring or recordkeeping method 
unless he or she receives approval from the Administrator to use another 
method.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring or recordkeeping method, 
requirement, or procedure, the Administrator may require the use of a 
method, requirement, or procedure specified in the relevant standard. If 
the results of the specified and alternative methods, requirements, or 
procedures do not agree, the results obtained by the specified method, 
requirement, or procedure shall prevail.
    (e) Alternative work practice for monitoring equipment for leaks. 
This section contains requirements for an alternative work practice used 
to identify leaking equipment. This alternative work practice is placed 
here for administrative convenience and is available to all subparts in 
40 CFR parts 60, 61, 63, and 65 that require monitoring of equipment 
with a 40 CFR part 60, appendix A-7, Method 21 monitor. Paragraphs (e), 
(f), and (g) of this section apply to all equipment for which the 
applicable subpart requires monitoring with a 40 CFR part 60, appendix 
A-7, Method 21 monitor, except for closed vent systems, equipment 
designated as leakless, and equipment identified in the applicable 
subpart as having no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background. An owner or operator may 
use an optical gas imaging instrument instead of a 40 CFR part 60, 
appendix A-7, Method 21 monitor. Requirements in the existing subparts 
that are specific to the Method 21 instrument do not apply under this 
section. All other requirements in the applicable subpart that are not 
addressed in paragraphs (e), (f), and (g) of this section continue to 
apply. For example, equipment specification requirements, and non-Method 
21 instrument

[[Page 38]]

recordkeeping and reporting requirements in the applicable subpart 
continue to apply. The terms defined in paragraphs (e)(1) through (5) of 
this section have meanings that are specific to the alternative work 
practice standard in paragraphs (e), (f), and (g) of this section.
    (1) Applicable subpart means the subpart in 40 CFR parts 60, 61, 63, 
and 65 that requires monitoring of each piece of equipment with a 40 CFR 
part 60, appendix A-7, Method 21 monitor.
    (2) Equipment means pumps, valves, pressure relief valves, 
compressors, open-ended lines, flanges, connectors, and other equipment 
covered by the applicable subpart that require monitoring with a 40 CFR 
part 60, appendix A-7, Method 21 monitor.
    (3) Imaging means making visible emissions that may otherwise be 
invisible to the naked eye.
    (4) Optical gas imaging instrument means an instrument that makes 
visible emissions that may otherwise be invisible to the naked eye.
    (5) Repair means that equipment is adjusted, or otherwise altered, 
in order to eliminate a leak.
    (6) Leak means:
    (i) Any emissions imaged by the optical gas instrument;
    (ii) Indications of liquids dripping;
    (iii) Indications by a sensor that a seal or barrier fluid system 
has failed; or
    (iv) Screening results using a 40 CFR part 60, appendix A-7, Method 
21 monitor that exceed the leak definition in the applicable subpart to 
which the equipment is subject.
    (f) The alternative work practice standard for monitoring equipment 
for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and 
65 that require monitoring of equipment with a 40 CFR part 60, appendix 
A-7, Method 21 monitor.
    (1) An owner or operator of an affected source subject to 40 CFR 
parts 60, 61, 63, or 65 can choose to comply with the alternative work 
practice requirements in paragraph (g) of this section instead of using 
the 40 CFR part 60, appendix A-7, Method 21 monitor to identify leaking 
equipment. The owner or operator must document the equipment, process 
units, and facilities for which the alternative work practice will be 
used to identify leaks.
    (2) Any leak detected when following the leak survey procedure in 
paragraph (g)(3) of this section must be identified for repair as 
required in the applicable subpart.
    (3) If the alternative work practice is used to identify leaks, re-
screening after an attempted repair of leaking equipment must be 
conducted using either the alternative work practice or the 40 CFR part 
60, appendix A-7, Method 21 monitor at the leak definition required in 
the applicable subparts to which the equipment is subject.
    (4) The schedule for repair is as required in the applicable 
subpart.
    (5) When this alternative work practice is used for detecting 
leaking equipment, choose one of the monitoring frequencies listed in 
Table 3 to subpart A of this part, in lieu of the monitoring frequency 
specified for regulated equipment in the applicable subpart. Reduced 
monitoring frequencies for good performance are not applicable when 
using the alternative work practice.
    (6) When this alternative work practice is used for detecting 
leaking equipment, the following are not applicable for the equipment 
being monitored:
    (i) Skip period leak detection and repair;
    (ii) Quality improvement plans; or
    (iii) Complying with standards for allowable percentage of valves 
and pumps to leak.
    (7) When the alternative work practice is used to detect leaking 
equipment, the regulated equipment in paragraph (f)(1)(i) of this 
section must also be monitored annually using a 40 CFR part 60, appendix 
A-7, Method 21 monitor at the leak definition required in the applicable 
subpart. The owner or operator may choose the specific monitoring period 
(for example, first quarter) to conduct the annual monitoring. 
Subsequent monitoring must be conducted every 12 months from the initial 
period. Owners or operators must keep records of the annual Method 21 
screening results, as specified in paragraph (i)(4)(vii) of this 
section.
    (g) An owner or operator of an affected source who chooses to use 
the alternative work practice must comply

[[Page 39]]

with the requirements of paragraphs (g)(1) through (g)(5) of this 
section.
    (1) Instrument specifications. The optical gas imaging instrument 
must comply with the requirements specified in paragraphs (g)(1)(i) and 
(g)(1)(ii) of this section.
    (i) Provide the operator with an image of the potential leak points 
for each piece of equipment at both the detection sensitivity level and 
within the distance used in the daily instrument check described in 
paragraph (g)(2) of this section. The detection sensitivity level 
depends upon the frequency at which leak monitoring is to be performed.
    (ii) Provide a date and time stamp for video records of every 
monitoring event.
    (2) Daily instrument check. On a daily basis, and prior to beginning 
any leak monitoring work, test the optical gas imaging instrument at the 
mass flow rate determined in paragraph (g)(2)(i) of this section in 
accordance with the procedure specified in paragraphs (g)(2)(ii) through 
(g)(2)(iv) of this section for each camera configuration used during 
monitoring (for example, different lenses used), unless an alternative 
method to demonstrate daily instrument checks has been approved in 
accordance with paragraph (g)(2)(v) of this section.
    (i) Calculate the mass flow rate to be used in the daily instrument 
check by following the procedures in paragraphs (g)(2)(i)(A) and 
(g)(2)(i)(B) of this section.
    (A) For a specified population of equipment to be imaged by the 
instrument, determine the piece of equipment in contact with the lowest 
mass fraction of chemicals that are detectable, within the distance to 
be used in paragraph (g)(2)(iv)(B) of this section, at or below the 
standard detection sensitivity level.
    (B) Multiply the standard detection sensitivity level, corresponding 
to the selected monitoring frequency in Table 3 of subpart A of this 
part, by the mass fraction of detectable chemicals from the stream 
identified in paragraph (g)(2)(i)(A) of this section to determine the 
mass flow rate to be used in the daily instrument check, using the 
following equation.
[GRAPHIC] [TIFF OMITTED] TR22DE08.009

Where:

Edic = Mass flow rate for the daily instrument check, grams 
per hour
xi= Mass fraction of detectable chemical(s) i seen by the 
optical gas imaging instrument, within the distance to be used in 
paragraph (g)(2)(iv)(B) of this section, at or below the standard 
detection sensitivity level, Esds.
Esds = Standard detection sensitivity level from Table 3 to 
subpart A, grams per hour
k = Total number of detectable chemicals emitted from the leaking 
equipment and seen by the optical gas imaging instrument.

    (ii) Start the optical gas imaging instrument according to the 
manufacturer's instructions, ensuring that all appropriate settings 
conform to the manufacturer's instructions.
    (iii) Use any gas chosen by the user that can be viewed by the 
optical gas imaging instrument and that has a purity of no less than 98 
percent.
    (iv) Establish a mass flow rate by using the following procedures:
    (A) Provide a source of gas where it will be in the field of view of 
the optical gas imaging instrument.
    (B) Set up the optical gas imaging instrument at a recorded distance 
from the outlet or leak orifice of the flow meter that will not be 
exceeded in the actual performance of the leak survey. Do not exceed the 
operating parameters of the flow meter.
    (C) Open the valve on the flow meter to set a flow rate that will 
create a mass emission rate equal to the mass rate calculated in 
paragraph (g)(2)(i) of this section while observing the gas flow through 
the optical gas imaging instrument viewfinder. When an image of the gas 
emission is seen through the viewfinder at the required emission rate, 
make a record of the reading on the flow meter.
    (v) Repeat the procedures specified in paragraphs (g)(2)(ii) through 
(g)(2)(iv) of this section for each configuration of the optical gas 
imaging instrument used during the leak survey.
    (vi) To use an alternative method to demonstrate daily instrument 
checks, apply to the Administrator for approval of the alternative under 
Sec. 65.7(b).

[[Page 40]]

    (3) Leak survey procedure. Operate the optical gas imaging 
instrument to image every regulated piece of equipment selected for this 
work practice in accordance with the instrument manufacturer's operating 
parameters. All emissions imaged by the optical gas imaging instrument 
are considered to be leaks and are subject to repair. All emissions 
visible to the naked eye are also considered to be leaks and are subject 
to repair.
    (4) Recordkeeping. Keep the records described in paragraphs 
(g)(4)(i) through (g)(4)(vii) of this section:
    (i) The equipment, processes, and facilities for which the owner or 
operator chooses to use the alternative work practice.
    (ii) The detection sensitivity level selected from Table 3 to 
subpart A of this part for the optical gas imaging instrument.
    (iii) The analysis to determine the piece of equipment in contact 
with the lowest mass fraction of chemicals that are detectable, as 
specified in paragraph (g)(2)(i)(A) of this section.
    (iv) The technical basis for the mass fraction of detectable 
chemicals used in the equation in paragraph (g)(2)(i)(B) of this 
section.
    (v) The daily instrument check. Record the distance, per paragraph 
(g)(2)(iv)(B) of this section, and the flow meter reading, per paragraph 
(g)(2)(iv)(C) of this section, at which the leak was imaged. Keep a 
video record of the daily instrument check for each configuration of the 
optical gas imaging instrument used during the leak survey (for example, 
the daily instrument check must be conducted for each lens used). The 
video record must include a time and date stamp for each daily 
instrument check. The video record must be kept for 5 years.
    (vi) Recordkeeping requirements in the applicable subpart. A video 
record must be used to document the leak survey results. The video 
record must include a time and date stamp for each monitoring event. A 
video record can be used to meet the recordkeeping requirements of the 
applicable subparts if each piece of regulated equipment selected for 
this work practice can be identified in the video record. The video 
record must be kept for 5 years.
    (vii) The results of the annual Method 21 screening required in 
paragraph (f)(7) of this section. Records must be kept for all regulated 
equipment specified in paragraph (f)(1) of this section. Records must 
identify the equipment screened, the screening value measured by Method 
21, the time and date of the screening, and calibration information 
required in the existing applicable subparts.
    (5) Reporting. Submit the reports required in the applicable 
subpart. Submit the records of the annual Method 21 screening required 
in paragraph (f)(7) of this section to the Administrator via e-mail to 
[email protected].

[65 FR 78285, Dec. 14, 2000, as amended at 73 FR 78217, Dec. 22, 2008]



Sec. 65.8  Procedures for approval of alternative means of emission 

limitation.

    (a) Alternative means of emission limitation. An owner or operator 
may request a determination of equivalence for an alternative means of 
emission limitation to the requirements of design, equipment, work 
practice, or operational standards of this part. If, in the judgment of 
the Administrator, an alternative means of emission limitation will 
achieve a reduction in regulated material emissions at least equivalent 
to the reduction in emissions from that source achieved under any 
design, equipment, work practice, or operational standards (but not 
performance standards) in this part, the Administrator will publish in 
the Federal Register a notice permitting the use of the alternative 
means for purposes of compliance with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any such notice shall be published only after public notice and 
an opportunity for a hearing.
    (b) Content of submittal. (1) In order to obtain approval, any 
person seeking permission to use an alternative means of compliance 
under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves 
equivalent emission reductions. An owner or operator seeking permission 
to use an alternative means of compliance who

[[Page 41]]

has not previously performed testing shall also submit a proposed test 
plan. If the owner or operator seeks permission to use an alternative 
means of compliance based on previously performed testing, they shall 
submit the results of that testing, a description of the procedures 
followed in testing or monitoring, and a description of pertinent 
conditions during testing or monitoring.
    (2) The owner or operator who requests an alternative means of 
emission limitation shall submit a description of the proposed testing, 
monitoring, recordkeeping, and reporting that will be used and the 
proposed basis for demonstrating compliance.
    (3) For storage vessels, the owner or operator shall include the 
results of actual emissions tests using full-size or scale-model storage 
vessels that accurately collect and measure all regulated material 
emissions using a given control technique, and that accurately simulate 
wind and account for other emission variables such as temperature and 
barometric pressure, or an engineering analysis that the Administrator 
determines is an accurate method of determining equivalence.
    (4) For proposed alternatives to equipment leak requirements, the 
owner or operator shall also submit the information and meet the 
requirements for alternative means of emission limitation specified in 
Sec. 65.102(b) (alternative means of emission limitation).
    (c) Manufacturers of equipment used to control equipment leaks of a 
regulated material may request a determination of equivalence for an 
alternative means of emission limitation for equipment leaks, as 
specified in Sec. 65.102(c).
    (d) Compliance. If the Administrator makes a determination that a 
means of emission limitation is a permissible alternative to the 
requirements of design, equipment, work practice, or operational 
standards of this part, the owner or operator shall either comply with 
the alternative or comply with the requirements of this part.



Sec. 65.9  Availability of information and confidentiality.

    (a) Availability of information. The availability to the public of 
information provided to, or otherwise obtained by, the Administrator 
under this part shall be governed by part 2 of this chapter. With the 
exception of information protected under part 2 of this chapter, all 
reports, records, and other information collected by the Administrator 
under this part are available to the public. In addition, a copy of each 
permit application, compliance plan (including the schedule of 
compliance), initial compliance status report, periodic report, and 
title V permit is available to the public, consistent with protections 
recognized in section 503(e) of the Act.
    (b) Confidentiality. (1) If an owner or operator is required to 
submit information entitled to protection from disclosure under section 
114(c) of the Act, the owner or operator may submit such information 
separately. The requirements of section 114(c) shall apply to such 
information.
    (2) The contents of a title V permit shall not be entitled to 
protection under section 114(c) of the Act; however, information 
submitted as part of an application for a title V permit may be entitled 
to protection from disclosure.



Sec. 65.10  State authority.

    (a) The provisions of this part shall not be construed in any manner 
to preclude any State or political subdivision thereof from adopting and 
enforcing any emission standard or limitation applicable to a regulated 
source, provided that such standard, limitation, prohibition, or other 
regulation is not less stringent than the standard applicable to such a 
regulated source.
    (b) The provisions of this part shall not be construed in any manner 
to preclude any State or political subdivision thereof from requiring 
the owner or operator of a regulated source to obtain permits, licenses, 
or approvals prior to initiating construction, modification, or 
operation of such a regulated source.



Sec. 65.11  Circumvention and prohibited activities.

    (a) Circumvention. (1) No owner or operator subject to the 
provisions of this part shall build, erect, install, or use any article, 
machine, equipment, or process to conceal an emission that

[[Page 42]]

would otherwise constitute noncompliance with a relevant standard. Such 
concealment includes, but is not limited to, the following:
    (1) The use of diluents to achieve compliance with a relevant 
standard based on the concentration of a pollutant in the effluent 
discharged to the atmosphere; and
    (2) The fragmentation of an operation for the purpose of avoiding 
regulation by a relevant standard.
    (b) Prohibited activities. (1) No owner or operator subject to the 
provisions of this part shall operate any regulated source in violation 
of the requirements of this part except under the following provisions:
    (i) An extension or waiver of compliance granted by the 
Administrator under an applicable part; or
    (ii) An extension of compliance granted under an applicable part by 
a State with an approved permit program; or
    (iii) An exemption from compliance granted by the President under 
section 112(i)(4) of the Act.
    (2) After the effective date of an approved permit program in a 
State, no owner or operator of a regulated source in that State who is 
required under an applicable part to obtain a title V permit shall 
operate such source except in compliance with the provisions of this 
part and the applicable requirements of the permit program in that 
State.
    (3) An owner or operator of a regulated source who is subject to an 
emission standard promulgated under this part or a referencing part 
shall comply with the requirements of that standard by the date(s) 
established in the applicable subpart(s) (including this subpart) 
regardless of whether the following criteria are met:
    (i) A title V permit has been issued to that source; or
    (ii) If a title V permit has been issued to that source, whether 
such permit has been revised or modified to incorporate the emission 
standard.
    (c) Severability. Notwithstanding any requirement incorporated into 
a title V permit obtained by an owner or operator subject to the 
provisions of this part, the provisions of this part are federally 
enforceable.



Sec. 65.12  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under sections 111(c) and 112(l) of the Act, the authorities 
contained in paragraph (b) of this section shall be retained by the 
Administrator and not transferred to a State.
    (b) Authorities that will not be delegated to States: Sec. Sec. 
65.8, 65.46, 65.102, 65.156(b)(l)(ii), and 65.158(a)(2)(ii).



Sec. 65.13  Incorporation by reference.

    (a) The materials listed in this section are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of the approval, and notice of 
any change in these materials will be published in the Federal Register. 
The materials are available for purchase at the corresponding addresses 
noted in paragraph (b) of this section, and all are available for 
inspection or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html; at the Air and 
Radiation Docket and Information Center, U.S. EPA, 401 M Street, SW., 
Washington, DC; and at the EPA Library (MD-35), U.S. EPA, Research 
Triangle Park, North Carolina.
    (b) The materials listed in this paragraph (b) are available for 
purchase from at least one of the following addresses: American Society 
for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, 
Pennsylvania 19103; or University Microfilms International, 300 North 
Zeeb Road, Ann Arbor, Michigan 48106.
    (1) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by 
Gas Chromatography, IBR approved December 14, 2000 for Sec. Sec. 
65.64(e)(2) and 65.147(a)(4)(i) and (b)(3)(ii).
    (2) ASTM D2382-76, Standard Test Method for Heat of Combustion of 
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method). IBR 
approved

[[Page 43]]

December 14, 2000 for Sec. Sec. 65.64(e)(1) and 65.147(b)(3)(ii).

[65 FR 78285, Dec. 14, 2000, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 65.14  Addresses.

    (a) All requests, reports, applications, notifications, and other 
communications submitted pursuant to this part, except as specified 
under Sec. 65.5(g)(1), shall be sent to the Administrator at the 
appropriate EPA Regional Office indicated in the following list:

Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Air Management Division, U.S. Environmental 
Protection Agency, John F. Kennedy Federal Building, Boston, 
Massachusetts 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, 
Air and Waste Management Division, U.S. Environmental Protection Agency, 
290 Broadway, New York, New York 10007.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air and Waste Management Division, 
U.S. Environmental Protection Agency, 841 Chestnut Building, 
Philadelphia, Pennsylvania 19107.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air and Waste Management 
Division, U.S. Environmental Protection Agency, 61 Forsyth Street, 
Atlanta, Georgia 30303.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air Management Division, U.S. Environmental Protection Agency, 
77 West Jackson Boulevard, Chicago, Illinois 60604-3507.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); Director; 
Compliance Assurance and Enforcement Division; U.S. Environmental 
Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and Toxics 
Division, U.S. Environmental Protection Agency, 726 Minnesota Avenue, 
Kansas City, Kansas 66101.
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming), Director, Air and Waste Management Division, U.S. 
Environmental Protection Agency, 999 18th Street, Suite 500, Denver, 
Colorado 80295.
Region IX (American Samoa, Arizona, California, Guam, Hawaii, Nevada), 
Director, Air and Waste Management Division, U.S. Environmental 
Protection Agency, 75 Hawthorne Street, San Francisco, California 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and Waste 
Management Division, U.S. Environmental Protection Agency, 1200 Sixth 
Avenue, Seattle, Washington 98101.

    (b) All information required to be submitted to the Administrator 
under this part shall also be submitted to the appropriate State agency 
of any State to which authority has been delegated under section 112(l) 
of the Act. The mailing addresses for State agencies are listed as 
follows:
    (1) Alabama. Air Pollution Control Division, Air Pollution Control 
Commission, 645 S. McDonough Street, Montgomery, Alabama 36104.
    (2) Alaska. Department of Environmental Conservation, 3220 Hospital 
Drive, Juneau, Alaska 99811.
    (3) Arizona. Arizona Department of Health Services, 1740 West Adams 
Street, Phoenix, Arizona 85007.
    (4) Arkansas. Chief, Division of Air Pollution Control, Arkansas 
Department of Pollution Control and Ecology, 8001 National Drive, P.O. 
Box 9583, Little Rock, Arkansas 72209.
    (5) California. (i) Amador County Air Pollution Control District, 
P.O. Box 430, 810 Court Street, Jackson, California 95642.
    (ii) Bay Area Air Pollution Control District, 939 Ellis Street, San 
Francisco, California 94109.
    (iii) Butte County Air Pollution Control District, P.O. Box 1229, 
316 Nelson Avenue, Oroville, California 95965.
    (iv) Calaveras County Air Pollution Control District, Government 
Center, El Dorado Road, San Andreas, California 95249.
    (v) Camino del Rimedio, Santa Barbara, California 93110.
    (vi) Colusa County Air Pollution Control District, 751 Fremont 
Street, Colusa, California 95952.
    (vii) El Dorado Air Pollution Control District, 330 Fair Lane, 
Placerville, California 95667.
    (viii) Fresno County Air Pollution Control District, 1221 Fulton 
Mall, Fresno, California 93721.
    (ix) Glenn County Air Pollution Control District, P.O. Box 351, 720 
North Colusa Street, Willows, California 95988.

[[Page 44]]

    (x) Great Basin Unified Air Pollution Control District, 157 Short 
Street, suite 6, Bishop, California 93514.
    (xi) Imperial County Air Pollution Control District, County Services 
Building, 939 West Main Street, El Centro, California 92243.
    (xii) Kern County Air Pollution Control District, 1601 H Street, 
suite 250, Bakersfield, California 93301.
    (xiii) Kings County Air Pollution Control District, 330 Campus 
Drive, Hanford, California 93230.
    (xiv) Lake County Air Pollution Control District, 255 North Forbes 
Street, Lakeport, California 95453.
    (xv) Lassen County Air Pollution Control District, 175 Russell 
Avenue, Susanville, California 96130.
    (xvi) Madera County Air Pollution Control District, 135 West 
Yosemite Avenue, Madera, California 93637.
    (xvii) Mariposa County Air Pollution Control District, Box 5, 
Mariposa, California 95338.
    (xviii) Mendocino County Air Pollution Control District, County 
Courthouse, Ukiah, California 94582.
    (xix) Merced County Air Pollution Control District, P.O. Box 471, 
240 East 15th Street, Merced, California 95340.
    (xx) Modoc County Air Pollution Control District, 202 West 4th 
Street, Alturas, California 96101.
    (xxi) Monterey Bay Unified Air Pollution Control, 1164 Monroe 
Street, Suite 10, Salinas, California 93906.
    (xxii) Nevada County Air Pollution Control District, H.E.W. Complex, 
Nevada City, California 95959.
    (xxiii) North Coast Unified Air Quality Management District, 5630 
South Broadway, Eureka California 95501.
    (xxiv) Northern Sonoma County Air Pollution Control District, 134 
``A'' Avenue, Auburn, California 95448.
    (xxv) Placer County Air Pollution Control District, 11491 ``B'' 
Avenue, Auburn, California 95603.
    (xxvi) Shasta County Air Pollution Control District, 2650 Hospital 
Lane, Redding, California 96001.
    (xxvii) Sierra County Air Pollution Control District, P.O. Box 286, 
Downieville, California 95936.
    (xxviii) Siskiyou County Air Pollution Control District, 525 South 
Foothill Drive, Yreka, California 96097.
    (xxix) South Coast Air Quality Management District, 9150 Flair 
Drive, El Monte, California 91731.
    (xxx) Stanislaus County Air Pollution Control District, 1030 Scenic 
Drive, Modesto, California 95350.
    (xxxi) Sutter County Air Pollution Control District, Sutter County 
Office Building, 142 Garden Highway, Yuba City, California 95991.
    (xxxii) Tehama County Air Pollution Control District, P.O. Box 38, 
1760 Walnut Street, Red Bluff, California 96080.
    (xxxiii) Tulare County Air Pollution Control District, County Civic 
Center, Visalia, California 93277.
    (xxxiv) Tuolumne County Air Pollution Control District, 9 North 
Washington Street, Sonora, California 95370.
    (xxxv) Ventura County Air Pollution Control District, 800 South 
Victoria Avenue, Ventura, California 93009.
    (xxxvi) Yolo-Solano Air Pollution Control District, P.O. Box 1006, 
323 First Street, i5, Woodland, California 95695.
    (6) Colorado. Department of Health, Air Pollution Control Division, 
4210 East 11th Avenue, Denver, Colorado 80220.
    (7) Connecticut. Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 165 Capitol Avenue, 
Hartford, Connecticut 06106.
    (8) Delaware. Delaware Department of Natural Resources and 
Environmental Control, Tatnall Building, P.O. Box 1401, Dover, Delaware 
19901.
    (9) Florida. Florida Bureau of Air Quality Management, Department of 
Environmental Regulation, Twin Towers Office Building, 2600 Blair Stone 
Road, Tallahassee, Florida 32301.
    (10) Georgia. Environmental Protection Division, Department of 
Natural Resources, 270 Washington Street, SW., Atlanta, Georgia 30334.
    (11) Hawaii. (i) Hawaii Department of Health, 1250 Punchbowl Street, 
Honolulu, Hawaii 96813.
    (ii) Hawaii Department of Health (mailing address), Post Office Box 
3378, Honolulu, Hawaii 96801.
    (12) Idaho. Idaho Division of Environmental Quality 601 Pole Line 
Rd. Ste.  2 Twin Falls, Idaho 83301.
    (13) Illinois. Illinois Environmental Protection Agency--Bureau of 
Air 1340

[[Page 45]]

North Ninth St., Springfield Illinois 62702 1021 North Grand Avenue East 
(mailing address) P.O. Box 19276 62794-9276.
    (14) Indiana. Indiana Department of Environmental Management, 105 
South Meridian Street, P.O. Box 6015, Indianapolis, Indiana 46206.
    (15) Iowa. Iowa Department of Natural Resources, Environmental 
Protection Division, Henry A. Wallace Building, 900 East Grand, Des 
Moines, Iowa 50319.
    (16) Kansas. Kansas Department of Health and Environment, Bureau of 
Air Quality and Radiation Control, Forbes Field, Topeka, Kansas 66620.
    (17) Kentucky. Kentucky Division of Air Pollution Control, 
Department for Natural Resources and Environmental Protection, U.S. 127, 
Frankfort, Kentucky 40601.
    (18) Louisiana. Program Administrator, Air Quality Division, 
Louisiana Department of Environmental Quality, P.O. Box 44096, Baton 
Rouge, Louisiana 70804.
    (19) Maine. Bureau of Air Quality Control, Department of 
Environmental Protection, State House, Station No. 17, Augusta, Maine 
04333.
    (20) Maryland. Bureau of Air Quality and Noise Control, Maryland 
State Department of Health and Mental Hygiene, 201 West Preston Street, 
Baltimore, Maryland 21201.
    (21) Massachusetts. Division of Air Quality Control, Department of 
Environmental Protection, One Winter Street, 7th floor, Boston, 
Massachusetts 02108.
    (22) Michigan. Air Pollution Control Division, Michigan Department 
of Natural Resources, Stevens T. Mason Building, 8th Floor, Lansing, 
Michigan 48926.
    (23) Minnesota. Minnesota Pollution Control Agency, Division of Air 
Quality, 520 Lafayette Road, St. Paul, Minnesota 55155.
    (24) Mississippi. Bureau of Pollution Control, Department of Natural 
Resources, P.O. Box 10385, Jackson, Mississippi 39209.
    (25) Missouri. Missouri Department of Natural Resources, Division of 
Environmental Quality, P.O. Box 176, Jefferson City, Missouri 65102.
    (26) Montana. Department of Health and Environmental Services, Air 
Quality Bureau, Cogswell Building, Helena, Montana 59601.
    (27) Nebraska. Nebraska Department of Environmental Control, P.O. 
Box 94877, State House Station, Lincoln, Nebraska 68509.
    (28) Nevada. Nevada Department of Conservation and Natural 
Resources, Division of Environmental Protection, 201 South Fall Street, 
Carson City, Nevada 89710.
    (29) New Hampshire. Air Resources Division, Department of 
Environmental Services, 64 North Main Street, Caller Box 2033, Concord, 
New Hampshire 03302-2033.
    (30) New Jersey. New Jersey Department of Environmental Protection, 
John Fitch Plaza, P.O. Box 2807, Trenton, New Jersey 08625.
    (31) New Mexico. Director, New Mexico Environmental Improvement 
Division, Health and Environment Department, 1190 St. Francis Drive, 
Santa Fe, New Mexico 87503.
    (32) New York. New York State Department of Environmental 
Conservation, 50 Wolf Road, Albany, New York 12233, Attention: Division 
of Air Resources.
    (33) North Carolina. North Carolina Environmental Management 
Commission, Department of Environment and Natural Resources, Division of 
Air Quality, P.O. Box 29580, Raleigh, North Carolina 27626-0580.
    (34) North Dakota. State Department of Health and Consolidated 
Laboratories, Division of Environmental Engineering, State Capitol, 
Bismarck, North Dakota 58505.
    (35) Ohio. Ohio Environmental Protection Agency, Central District 
Office, Air Pollution Unit, P.O. Box 1049, Columbus, Ohio 43266-0149.
    (36) Oklahoma. Oklahoma State Department of Health, Air Quality 
Service, P.O. Box 53551, Oklahoma City, Oklahoma 73152.
    (37) Oregon. Department of Environmental Quality, Yeon Building, 522 
SW. Fifth, Portland, Oregon 97204.
    (38) Pennsylvania. Department of Environmental Resources, Post 
Office Box 2063, Harrisburg, Pennsylvania 17120.
    (39) Rhode Island. Division of Air and Hazardous Materials, 
Department of

[[Page 46]]

Environmental Management, 291 Promenade Street, Providence, Rhode Island 
02908.
    (40) South Carolina. Office of Environmental Quality Control, 
Department of Health and Environmental Control, 2600 Bull Street, 
Columbia, South Carolina 29201.
    (41) South Dakota. Department of Water and Natural Resources, Office 
of Air Quality and Solid Waste, Joe Foss Building, 523 East Capitol, 
Pierre, South Dakota 57501-3181.
    (42) Tennessee. Division of Air Pollution Control, Tennessee 
Department of Public Health, 256 Capitol Hill Building, Nashville, 
Tennessee 37219.
    (43) Texas. Texas Natural Resource Conservation Commission, P.O. Box 
13087, Austin, Texas 78711-3087.
    (44) Utah. Department of Health, Bureau of Air Quality, 288 North 
1460 West, P.O. Box 16690, Salt Lake City, Utah 84116-0690.
    (45) Vermont. Air Pollution Control Division, Agency of Natural 
Resources, Building 3 South, 103 South Main Street, Waterbury, Vermont 
05676.
    (46) Virginia. Virginia State Air Pollution Control Board, Room 
1106, Ninth Street Office Building, Richmond, Virginia 23219.
    (47) Washington. Department of Ecology, Olympia, Washington 98504.
    (48) West Virginia. Air Pollution Control Commission, 1558 
Washington Street, East, Charleston, West Virginia 25311.
    (49) Wisconsin. Wisconsin Department of Natural Resources, P.O. Box 
7921, Madison, Wisconsin 53707.
    (50) Wyoming. Wyoming Department of Environmental Quality Air 
Division, 122 West 25th St.--4th Floor, Cheyenne, Wyoming 82002.



Sec. Sec. 65.15-65.19  [Reserved]



 Sec. Table 1 to Subpart A of Part 65--Applicable 40 CFR Parts 60, 61, 
                        and 63 General Provisions

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
A. 40 CFR part 60, subpart A provisions for referencing subparts Ka, Kb,
                       VV, DDD, III, NNN, and RRR
------------------------------------------------------------------------
                              Sec.  60.1,
                              Sec.  60.2,
                              Sec.  60.5,
                              Sec.  60.6,
                     Sec.  60.7(a)(1), and (a)(4),
                              Sec.  60.14,
                              Sec.  60.15,
                              Sec.  60.16
------------------------------------------------------------------------
 B. 40 CFR part 61, subpart A provisions for referencing subparts Y, V,
                                 and BB
------------------------------------------------------------------------
                              Sec.  61.01,
                              Sec.  61.02,
                              Sec.  61.05,
                              Sec.  61.06,
                              Sec.  61.07,
                              Sec.  61.08,
                        Sec.  61.10(b), and (c),
                       Sec.  61.11, Sec.  61.15
------------------------------------------------------------------------
C. 40 CFR part 63, subpart A provisions for referencing subparts G and H
------------------------------------------------------------------------
 Sec.  63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
                               Sec.  63.2
Sec.  63.5 (a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i), \a\ (d)(3)(iii),
 \a\ (d)(3)(iv), \a\ (d)(3)(v), \a\ (d)(3)(vi), \a\ (d)(4), (e), (f)(1),
                               and (f)(2)
  Sec.  63.6 (a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
                    through (i)(14), (i)(16) and (j)
 Sec.  63.9(a)(2), (b)(4)(i), \b\ (b)(4)(ii), (b)(4)(iii), (b)(5), \b\
                               (c) and (d)
                           Sec.  63.10(d)(4)
                             Sec.  63.12(b)
 
------------------------------------------------------------------------
\a\ These provisions do not apply to equipment leaks.
\b\ The notifications specified in 40 CFR 63.9(b)(4)(i) and 63.9(b)(5)
  shall be submitted at the times specified in this part 65.


[[Page 47]]



  Sec. Table 2 to Subpart A of Part 65--Applicable Referencing Subpart 
                               Provisions

------------------------------------------------------------------------
 If you have been referenced  from
               * * *                     You must comply with * * *
------------------------------------------------------------------------
40 CFR part 60, subpart Ka........  60.110a, 60.111a, and 60.115a
40 CFR part 60, subpart Kb........  60.110b, 60.111b, 60.116b(c), (e),
                                     (f)(1), and (g)
40 CFR part 60, subpart VV........  60.480, 60.481, 60.482-1(a),
                                     60.485(d), (e), and (f), and
                                     60.486(i) and (j), 60.488, and
                                     60.489
40 CFR part 60, subpart DDD.......  60.560(a), (b) and (d) through (j),
                                     60.561, 60.562-1, 60.562-2, and
                                     60.565(g)(1)
40 CFR part 60, subpart III.......  60.610(a), (b) and (d), 60.611,
                                     60.616, 60.617
40 CFR part 60, subpart NNN.......  60.660(a), (b), (c)(1) through
                                     (c)(3), (c)(5), (d), 60.661,
                                     60.666, and 60.667
40 CFR part 60, subpart RRR.......  60.700(a), (b), (c)(1), (c)(3),
                                     (c)(5), (c)(6), (c)(7), (d),
                                     60.701, 60.706, 60.707
40 CFR part 61, subpart V.........  61.240, 61.241, 61.245(d), 61.246(i)
                                     and (j), and 61.247(a) and (f)
40 CFR part 61, subpart Y.........  61.270, 61.271(d)(2), and 61.274(a)
40 CFR part 61, subpart BB........  61.300 and 61.301
40 CFR part 63, subpart G For       63.100, 63.101, 63.104 and 63.105 of
 process vents, group 1 storage      subpart F and 63.110 and 63.111 of
 vessels, and group 1 transfer       subpart G
 racks.
40 CFR part 63, subpart H.........  63.100, 63.101, 63.104 and 63.105 of
                                     subpart F, and 63.160, 63.161,
                                     63.180(d) of subpart H
------------------------------------------------------------------------



   Sec. Table 3 to Subpart A of Part 65--Detection Sensitivity Levels 
                            (grams per hour)

------------------------------------------------------------------------
                                                            Detection
         Monitoring Frequency per Subpart \a\              Sensitivity
                                                              Level
------------------------------------------------------------------------
Bi-Monthly............................................                60
Semi-Quarterly........................................                85
Monthly...............................................               100
------------------------------------------------------------------------
\a\ When this alternative work practice is used to identify leaking
  equipment, the owner or operator must choose one of the monitoring
  frequencies listed in this table, in lieu of the monitoring frequency
  specified in the applicable subpart. Bi-monthly means every other
  month. Semi-quarterly means twice per quarter. Monthly means once per
  month.


[73 FR 78219, Dec. 22, 2008]

Subpart B [Reserved]



                        Subpart C_Storage Vessels



Sec. 65.40  Applicability.

    (a) The provisions of this subpart and of subpart A of this part 
apply to control of regulated material emissions from surge control 
vessels, bottoms receivers, and other storage vessels where a 
referencing subpart references the use of this subpart for such 
emissions control.
    (b) If a physical or process change is made that causes a storage 
vessel to fall outside the criteria in the referencing subpart that 
required the storage vessel to control emissions of regulated material, 
the owner or operator may elect to no longer comply with the provisions 
of this subpart. Instead, the owner or operator shall comply with any 
applicable provisions of the referencing subpart.



Sec. 65.41  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of this 
part for purposes of this subpart.



Sec. 65.42  Control requirements.

    (a) For each storage vessel to which this subpart applies, the owner 
or operator shall comply with the requirements of paragraph (b) or (c) 
of this section.
    (b) For each storage vessel storing a liquid for which the maximum 
true vapor pressure of the total regulated material in the liquid is 
less than 76.6 kilopascals (10.9 pounds per square inch), the owner or 
operator shall reduce regulated material emissions to the atmosphere as 
provided in any one of the paragraphs (b)(1) through (7) of this 
section.
    (1) Internal floating roof (IFR). Operate and maintain a fixed roof 
and internal floating roof meeting the requirements of Sec. 65.43.
    (2) External floating roof (EFR). Operate and maintain an external 
floating roof meeting the requirements of Sec. 65.44.

[[Page 48]]

    (3) EFR converted to IFR. Operate and maintain an external floating 
roof converted to an internal floating roof meeting the requirements of 
Sec. 65.45.
    (4) Closed vent system and flare. Operate and maintain a closed vent 
system and flare as specified in Sec. 65.142(a)(1). Periods of planned 
routine maintenance of the flare during which the flare does not meet 
the specifications of Sec. 65.147 shall not exceed 240 hours per year. 
The specifications and requirements in Sec. 65.147 for flares do not 
apply during periods of planned routine maintenance or during a control 
system malfunction. The owner or operator shall report the periods of 
planned routine maintenance as specified in Sec. 65.166(d).
    (5) Closed vent system and control device. Operate and maintain a 
closed vent system and control device as specified in the following and 
Sec. 65.142(a)(2):
    (i) Except as provided in paragraph (b)(5)(ii) of this section, the 
control device shall be designed and operated to reduce inlet emissions 
of regulated material by 95 percent or greater.
    (ii) For owners or operators referenced to this part from 40 CFR 
part 63, subpart G, and if the owner or operator of a storage vessel can 
demonstrate that a control device installed on the storage vessel on or 
before December 31, 1992 is designed to reduce inlet emissions of total 
organic HAP by greater than or equal to 90 percent but less than 95 
percent, then the control device is required to be operated to reduce 
inlet emissions of total organic HAP by 90 percent or greater.
    (iii) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraph (b)(5)(i) or (ii) of this section, shall not exceed 240 hours 
per year. The owner or operator shall report the periods of planned 
routine maintenance as specified in Sec. 65.166(d).
    (iv) The requirements in paragraph (b)(5)(i) of this section for 
control devices do not apply during periods of planned routine 
maintenance or during a control system malfunction.
    (6) Route to process or fuel gas system. Route the emissions to a 
process or a fuel gas system as specified in Sec. 65.142(a)(3). 
Whenever the owner or operator bypasses the fuel gas system or process, 
the owner or operator shall comply with the recordkeeping requirement in 
Sec. 65.163(b)(3). Bypassing is permitted if the owner or operator 
complies with one or more of the following conditions:
    (i) The liquid level in the storage vessel is not increased;
    (ii) The emissions are routed through a closed vent system to a 
control device complying with paragraph (b)(4) or (5) of this section; 
or
    (iii) The total aggregate amount of time during which the emissions 
bypass the fuel gas system or process during the calendar year without 
being routed to a control device, for all reasons (except startups/
shutdowns/malfunctions or product changeovers of flexible operation 
units and periods when the storage vessel has been emptied and 
degassed), does not exceed 240 hours.
    (7) Equivalent requirements. Comply with an equivalent to the 
requirements in any one of the paragraphs (b)(1) through (6) of this 
section, as provided in Sec. 65.46.
    (c) For each storage vessel storing a liquid for which the maximum 
true vapor pressure of the total regulated material in the liquid is 
greater than or equal to 76.6 kilopascals (10.9 pounds per square inch), 
the owner or operator shall meet the requirements in paragraph (b)(4), 
(5), or (6) of this section, or equivalent as provided in Sec. 65.46.



Sec. 65.43  Fixed roof with an internal floating roof (IFR).

    (a) IFR design requirements. The owner or operator who elects to 
control storage vessel regulated material emissions by using a fixed 
roof and an internal floating roof shall comply with the design 
requirements in paragraphs (a)(1) through (4) of this section.
    (1) The internal floating roof shall be designed to float on the 
stored liquid surface except when the floating roof must be supported by 
the leg supports.
    (2) Except as provided in paragraph (a)(3) of this section, the 
internal floating roof shall be equipped with a closure device between 
the wall of the storage vessel and the floating roof edge and shall 
consist of one of the following devices:

[[Page 49]]

    (i) A liquid-mounted seal.
    (ii) A metallic shoe seal.
    (iii) Two continuous seals mounted one above the other. The lower 
seal may be vapor-mounted.
    (3) If the internal floating roof is equipped with a vapor-mounted 
seal as of December 31, 1992, paragraph (a)(2) of this section does not 
apply until the next time the storage vessel is emptied and degassed, or 
by April 22, 2004, whichever occurs first.
    (4) Except as provided in paragraph (a)(4)(viii) of this section, 
each internal floating roof shall meet the following specifications:
    (i) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and rim space vents is to 
provide a projection below the stored liquid surface.
    (ii) Except for leg sleeves, automatic bleeder vents, rim space 
vents, column wells, ladder wells, sample wells, and stub drains, each 
opening shall be equipped with a gasketed cover or gasketed lid.
    (iii) Each penetration of the internal floating roof shall be a 
sample well. Each sample well shall have a slit fabric cover that covers 
at least 90 percent of the opening.
    (iv) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (v) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (vi) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (vii) Covers on each access hatch and each gauge float well shall be 
designed to be bolted or fastened when they are closed.
    (viii) If the internal floating roof does not meet any one of the 
specifications listed in paragraphs (a)(4)(i) through (vii) of this 
section as of December 31, 1992, the requirement for meeting those 
specifications does not apply until the next time the storage vessel is 
emptied and degassed, or by April 22, 2004, whichever occurs first.
    (b) IFR operational requirements. The owner or operator using a 
fixed roof and an internal floating roof shall comply with the following 
operational requirements:
    (1) The internal floating roof shall float on the stored liquid 
surface at all times except when the floating roof must be supported by 
the leg supports.
    (2) When the floating roof is resting on the leg supports, the 
process of filling or refilling shall be continuous and shall be 
accomplished as soon as practical and the owner or operator shall 
maintain the record specified in Sec. 65.47(e).
    (3) Automatic bleeder vents are to be set to be closed at all times 
when the roof is floating except when the roof is being floated off or 
is being landed on the roof leg supports.
    (4) Each cover, access hatch, gauge float well, or lid on any 
opening in the internal floating roof shall be maintained in a closed 
position at all times (i.e., no visible gaps) except when the device is 
in actual use. Prior to filling the storage vessel, rim space vents are 
to be set to open only when the internal floating roof is not floating, 
or when the pressure beneath the rim seal exceeds the manufacturer's 
recommended setting.
    (c) IFR inspection requirements. To demonstrate compliance, the 
owner or operator shall visually inspect the internal floating roof, the 
primary seal, and the secondary seal (if one is in service) according to 
paragraphs (c)(1) through (4) of this section and maintain records of 
the IFR inspection results as specified in Sec. 65.47(c)(1).
    (1) Single seal. For vessels equipped with a single-seal system, the 
owner or operator shall perform the following inspections:
    (i) Visually inspect for IFR type A failures, the internal floating 
roof, and the seal through manholes and roof hatches on the fixed roof 
no less frequently than once every 12 months.
    (ii) Visually inspect for IFR type B failures, the internal floating 
roof, the seal, gaskets, slotted membranes, and sleeve seals (if any) 
each time the storage vessel is emptied, but no less frequently than 
once every 10 years.
    (2) Double seal. For vessels equipped with two continuous seals 
mounted one above the other, the owner or operator

[[Page 50]]

shall perform either the inspection required in paragraph (c)(2)(i) of 
this section or the inspections required in paragraph (c)(2)(ii) of this 
section:
    (i) Visually inspect for IFR type B failures, the internal floating 
roof, the primary seal, the secondary seal, gaskets, slotted membranes, 
and sleeve seals (if any) each time the storage vessel is emptied, but 
no less frequently than once every 5 years; or
    (ii) Visually inspect the internal floating roof and the other 
components as specified in the following:
    (A) For IFR type A failures, inspect the secondary seal through 
manholes and roof hatches on the fixed roof no less frequently than once 
every 12 months; and
    (B) For IFR type B failures, inspect the primary seal, the secondary 
seal, gaskets, slotted membranes, and sleeve seals (if any) each time 
the vessel is emptied, but no less frequently than once every 10 years.
    (3) For inspections to determine if any IFR type B failures are 
present as required by paragraphs (c)(1)(ii), (c)(2)(i), and 
(c)(2)(ii)(B) of this section, the owner or operator shall comply with 
the refilling notification requirements specified in Sec. 65.48(c)(1).
    (4) After installing the control equipment required to comply with 
Sec. 65.42(b)(1) or (3), visually inspect the internal floating roof, 
the primary seal, and the secondary seal (if one is in service) prior to 
filling the storage vessel with regulated material. If there are holes, 
tears, or other openings in the primary seal, the secondary seal, or the 
seal fabric, or defects in the internal floating roof, the owner or 
operator shall repair the items before filling the storage vessel.
    (d) IFR repair requirements. The owner or operator shall repair any 
observed or determined failures according to paragraphs (d)(1) and (2) 
of this section:
    (1) If an IFR type A failure is observed, the owner or operator 
shall repair the items or empty and remove the storage vessel from 
service within 45 calendar days. If the failure cannot be repaired 
within 45 calendar days or if the vessel cannot be emptied within 45 
calendar days, the owner or operator may utilize up to two extensions of 
up to 30 additional calendar days each and keep the records specified in 
Sec. 65.47(d).
    (2) If an IFR type B failure is determined, the owner or operator 
shall repair the items and comply with the refilling notification 
requirements of Sec. 65.48(c)(1) before refilling the storage vessel 
with regulated material.



Sec. 65.44  External floating roof (EFR).

    (a) EFR design requirements. The owner or operator who elects to 
control storage vessel regulated material emissions by using an external 
floating roof shall comply with the design requirements listed in 
paragraphs (a)(1) through (3) of this section.
    (1) The external floating roof shall be designed to float on the 
stored liquid surface except when the floating roof must be supported by 
the leg supports.
    (2) The external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge.
    (i) Except as provided in paragraph (a)(2)(iii) of this section, the 
closure device is to consist of two continuous seals, one above the 
other. The lower seal is referred to as the primary seal and the upper 
seal is referred to as the secondary seal.
    (ii) Except as provided in paragraph (a)(2)(iv) of this section, the 
primary seal shall be either a metallic shoe seal or a liquid-mounted 
seal.
    (iii) If the external floating roof is equipped with a liquid-
mounted or metallic shoe primary seal as of December 31, 1992, the 
requirement for a secondary seal in paragraph (a)(2)(i) of this section 
does not apply until the next time the storage vessel is emptied and 
degassed, or by April 22, 2004, whichever occurs first.
    (iv) If the external floating roof is equipped with a vapor-mounted 
primary seal and a secondary seal as of December 31, 1992, the 
requirement for a liquid-mounted or metallic shoe primary seal in 
paragraph (a)(2)(ii) of this section does not apply until the next time 
the storage vessel is emptied and degassed, or by April 22, 2004, 
whichever occurs first.
    (3) The external floating roof shall meet the following 
specifications:
    (i) Except for automatic bleeder vents (vacuum breaker vents) and 
rim

[[Page 51]]

space vents, each opening in the noncontact external floating roof shall 
provide a projection below the stored liquid surface except as provided 
in paragraph (a)(3)(xiii) of this section.
    (ii) Covers on each access hatch and each gauge float well shall be 
designed to be bolted or fastened when they are closed.
    (iii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening shall be equipped with a gasketed 
cover, seal, or lid.
    (iv) Automatic bleeder vents and rim space vents shall be equipped 
with a gasket.
    (v) Each roof drain that empties into the stored liquid shall be 
equipped with a slotted membrane fabric cover that covers at least 90 
percent of the area of the opening.
    (vi) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (vii) Except for antirotational devices equipped with a welded cap, 
each unslotted guide pole shall be equipped with a gasketed cap on the 
end of the pole.
    (viii) Each slotted guide pole shall be equipped with a gasketed 
float or other device that closes off the stored liquid surface from the 
atmosphere.
    (ix) Each gauge hatch/sample well shall be equipped with a gasketed 
cover.
    (x) Where a metallic shoe seal is in use as the primary seal, one 
end of the metallic shoe shall be designed to extend into the stored 
liquid and the other end shall extend a minimum vertical distance of 61 
centimeters (24 inches) above the stored liquid surface.
    (xi) The secondary seal shall be designed to be installed above the 
primary seal so that it completely covers the space between the roof 
edge and the vessel wall.
    (xii) For the primary and secondary seals, there shall be no holes, 
tears, or other openings in the shoe, seal fabric, or seal envelope.
    (xiii) If each opening in a noncontact external floating roof except 
for automatic bleeder vents (vacuum breaker vents) and rim space vents 
does not provide a projection below the liquid surface as of December 
31, 1992, the requirement for providing these projections below the 
liquid surface does not apply until the next time the storage vessel is 
emptied and degassed, or by April 22, 2004, whichever occurs first.
    (b) EFR operational requirements. The owner or operator using an 
external floating roof shall comply with the following operational 
requirements:
    (1) The external floating roof shall float on the stored liquid 
surface at all times except when the floating roof must be supported by 
the leg supports.
    (2) When the floating roof is resting on the leg supports, the 
process of filling or refilling shall be continuous and shall be 
accomplished as soon as practical, and the owner or operator shall 
maintain the record specified in Sec. 65.47(e).
    (3) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening shall be maintained in a closed 
position (i.e., no visible gap) at all times except when the device is 
in actual use.
    (4) Covers on each access hatch and each gauge float well shall be 
bolted or fastened when they are closed.
    (5) Automatic bleeder vents are to be set to be closed at all times 
when the roof is floating except when the roof is being floated off or 
is being landed on the roof leg supports.
    (6) Rim space vents are to be set to open only when the roof is 
being floated off the roof leg supports or when the pressure beneath the 
rim seal exceeds the manufacturer's recommended setting.
    (7) The cap on the end of each unslotted guide pole shall be closed 
at all times except when gauging the stored liquid level or taking 
samples of the stored liquid.
    (8) The cover on each gauge hatch/sample well shall be closed at all 
times except when the hatch or well must be open for access.
    (9) Except during the inspections required by paragraph (c) of this 
section, both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the storage vessel in a continuous fashion.

[[Page 52]]

    (c) EFR inspection requirements. To demonstrate compliance for an 
external floating roof vessel, the owner or operator shall use the 
procedures in paragraphs (c)(4) through (9) of this section for seal 
gaps according to the frequency specified in paragraphs (c)(1) through 
(3) of this section and meet the requirements of paragraph (c)(10) of 
this section.
    (1) Measurements of gaps between the vessel wall and the primary 
seal shall be performed no less frequently than once every 5 years and 
at the times specified in paragraphs (c)(1)(i) and (ii) of this section. 
The owner or operator shall maintain records of the EFR seal gap 
measurements as specified in Sec. 65.47(c)(2).
    (i) During the hydrostatic testing of the vessel, by initial 
startup, or within 90 days of the initial fill with regulated material.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as 
provided for in paragraph (a)(2)(iii) of this section, measurements of 
gaps between the vessel wall and the primary seal shall be performed at 
least once per year until a secondary seal is installed. When a 
secondary seal is installed above the primary seal, measurements of gaps 
between the vessel wall and both the primary and secondary seals shall 
be performed within 90 calendar days of installation of the secondary 
seal and according to the frequency specified in paragraphs (c)(1) 
through (3) of this section thereafter.
    (2) Measurements of gaps between the vessel wall and the secondary 
seal shall be performed no less frequently than once per year and within 
90 days of the initial fill with regulated material, within 90 days of 
installation of the secondary seal, or by initial startup. The owner or 
operator shall maintain records of the EFR seal gap measurements as 
specified in Sec. 65.47(c)(2).
    (3) If any storage vessel ceases to store regulated material for a 
period of 1 year or more, measurements of gaps between the vessel wall 
and the primary seal, and gaps between the vessel wall and the secondary 
seal shall be performed within 90 days of the vessel being refilled with 
regulated material. The owner or operator shall maintain records of the 
EFR seal gap measurements as specified in Sec. 65.47(c)(2).
    (4) If the tank contains regulated material, all primary seal 
inspections or gap measurements that require the removal or dislodging 
of the secondary seal shall be accomplished as soon as possible, and the 
secondary seal shall be replaced as soon as possible.
    (5) The owner or operator shall notify the Administrator 30 days 
before any EFR seal gap measurement as specified in Sec. 65.48(c)(2).
    (6) Except as provided in paragraph (d) of this section, the owner 
or operator shall determine gap widths and gap areas in the primary and 
secondary seals (seal gaps) individually by the following procedures:
    (i) Seal gaps, if any, shall be measured at one or more floating 
roof levels when the roof is not resting on the roof leg supports.
    (ii) Seal gaps, if any, shall be measured around the entire 
circumference of the vessel in each place where a 0.32 centimeter (\1/8\ 
inch) diameter uniform probe passes freely (without forcing or binding 
against the seal) between the seal and the wall of the storage vessel. 
The circumferential distance of each such location shall also be 
measured.
    (iii) The total surface area of each gap described in paragraph 
(c)(6)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the vessel 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (7) The owner or operator shall add the gap surface area of each gap 
location for the primary seal and divide the sum by the nominal diameter 
of the vessel. The owner or operator shall include the calculations in 
the record of the seal gap measurement as specified in Sec. 
65.47(c)(2). For metallic shoe primary seals or liquid-mounted primary 
seals, the accumulated area of gaps between the vessel wall and the 
primary seal shall not exceed 212 square centimeters per meter of vessel 
diameter (10.0 square inches per foot of vessel diameter) and the width 
of any portion of any gap shall not exceed 3.81 centimeters (1.50 
inches).

[[Page 53]]

    (8) The owner or operator shall add the gap surface area of each gap 
location for the secondary seal and divide the sum by the nominal 
diameter of the vessel. The owner or operator shall include the 
calculations in the record of the seal gap measurement as specified in 
Sec. 65.47(c)(2). The accumulated area of gaps between the vessel wall 
and the secondary seal used in combination with a metallic shoe seal or 
liquid-mounted primary seal shall not exceed 21.2 square centimeters per 
meter of vessel diameter (1.00 square inch per foot of vessel diameter) 
and the width of any portion of any gap shall not exceed 1.27 
centimeters (0.50 inch). The secondary seal gap requirements may be 
exceeded during the measurement of primary seal gaps as required by 
paragraph (c)(1) of this section.
    (9) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements or to inspect the vessel to determine 
compliance because the floating roof appears to be structurally unsound 
and poses an imminent or potential danger to inspecting personnel, the 
owner or operator shall comply with one of the following requirements:
    (i) The owner or operator shall measure the seal gaps or inspect the 
storage vessel no later than 30 calendar days after the determination 
that the roof is unsafe; or
    (ii) The owner or operator shall empty and remove the storage vessel 
from service no later than 45 calendar days after determining that the 
roof is unsafe. If the vessel cannot be emptied within 45 calendar days, 
the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each and comply with the recordkeeping 
requirements in Sec. 65.47(d).
    (10) The owner or operator shall visually inspect for EFR failures, 
the external floating roof, the primary seal, secondary seal, and 
fittings prior to initial filling and each time the vessel is emptied 
(including initially before the vessel is filled with regulated 
material), shall maintain records of the EFR inspection results as 
specified in Sec. 65.47(c)(1), and shall comply with the refilling 
notification requirements specified in Sec. 65.48(c)(1).
    (d) EFR repair requirements. (1) The owner or operator shall repair 
conditions that do not meet seal gap specifications listed in paragraphs 
(c)(7) and (8) of this section or any EFR failure observed by the 
inspection required by paragraph (c)(10) of this section no later than 
45 calendar days after identification, or shall empty and remove the 
storage vessel from service no later than 45 calendar days after 
identification. If the vessel cannot be repaired or emptied within 45 
calendar days, the owner or operator may utilize up to two extensions of 
up to 30 additional calendar days each and comply with the recordkeeping 
requirements in Sec. 65.47(d).
    (2) If an EFR failure is observed by the inspection required by 
paragraph (c)(10) of this section, the owner or operator shall repair 
the items as necessary so that none of the conditions specified in 
paragraph (c)(10) of this section exist before filling or refilling the 
storage vessel with regulated material.



Sec. 65.45  External floating roof converted into an internal floating roof.

    The owner or operator who elects to control storage vessel regulated 
material emissions by using an external floating roof converted into an 
internal floating roof shall comply with the internal floating roof 
requirements of Sec. 65.43 except Sec. 65.43(a)(3), (b)(2), and (b)(3) 
and the external floating roof deck fitting requirements of Sec. 65.44 
except Sec. 65.44(a)(1), (a)(2), (b)(1), (b)(8), (b)(9), (c), and (d), 
including the recordkeeping and reporting provisions referenced therein.



Sec. 65.46  Alternative means of emission limitation.

    Any person seeking permission to use an alternative means of 
compliance under this section shall use the procedures of Sec. 65.8.



Sec. 65.47  Recordkeeping provisions.

    (a) Retention time. Each owner or operator of a storage vessel 
subject to this subpart shall meet the requirements of Sec. 65.4, 
except the record specified in paragraph (b) of this section

[[Page 54]]

shall be kept as long as the storage vessel is in operation.
    (b) Vessel dimensions and capacity. Each owner or operator of a 
storage vessel subject to this subpart shall keep readily accessible 
records showing the dimensions of the storage vessel and an analysis of 
the capacity of the storage vessel.
    (c) Inspection results. The owner or operator shall keep the records 
specified in paragraphs (c)(1) and (2) of this section.
    (1) For each IFR or EFR inspection required by Sec. 65.43(c)(1) and 
(2), or Sec. 65.44(c)(10), respectively, a record containing the 
following information, as appropriate:
    (i) In the event that no IFR type A failure, IFR type B failure, or 
EFR failure is observed, a record showing that the inspection was 
performed. The record shall identify the storage vessel on which the 
inspection was performed, the date the storage vessel was inspected, and 
references indicating which items were inspected.
    (ii) In the event that an IFR type A failure, IFR type B failure, or 
EFR failure is observed, a record that identifies the storage vessel on 
which the inspection was performed, the date the storage vessel was 
inspected, a description of the failure and of the repair made, the date 
the vessel was emptied (if applicable), and the date that the repair was 
made. As specified in Sec. 65.48(b)(1), the owner or operator shall 
include this record in the periodic report.
    (2) For each EFR seal gap measurement required by Sec. 65.44(c)(1), 
(2), or (3), a record describing the results of the measurement. The 
record shall identify the vessel on which the measurement was performed, 
shall include the date of the measurement, the raw data obtained in the 
measurement, and the calculations described in Sec. 65.44(c)(7) and 
(8), and shall meet the following two additional requirements, as 
appropriate:
    (i) In the event that the seal gap measurements do conform to the 
specifications in Sec. 65.44(c)(7) and (8), the owner or operator shall 
submit the information specified in Sec. 65.48(b)(2)(i) in the periodic 
report.
    (ii) In the event that the seal gap measurements do not conform to 
the specifications in Sec. 65.44(c)(7) and (8), the owner or operator 
shall also keep a description of the repairs that were made, the date 
the repairs were made, and the date the storage vessel was emptied and 
shall include a report of the seal gap measurement results in the 
periodic report as specified in Sec. 65.48(b)(2)(ii).
    (d) Emptying and repairing extension. The owner or operator who 
elects to utilize an extension in emptying a storage vessel for purposes 
of repair shall prepare by the initiation of the extension the following 
documentation, as appropriate, of the decision to utilize an extension:
    (1) For an extension pursuant to Sec. 65.43(d)(1) or Sec. 
65.44(d)(1), a description of the failure, documentation that 
alternative storage capacity is unavailable, and a schedule of actions 
that will ensure that the control equipment will be repaired or the 
vessel will be emptied as soon as practical. As specified in Sec. 
65.48(b)(1)(i), the owner or operator shall include this information in 
the periodic report.
    (2) For an extension pursuant to Sec. 65.44(c)(9), an explanation 
of why it was unsafe to perform the inspection or seal gap measurement, 
documentation that alternate storage capacity is unavailable, and a 
schedule of actions that will ensure that the vessel will be emptied as 
soon as practical. As specified in Sec. 65.48(b)(3), the owner or 
operator shall include this information in the periodic report.
    (e) Floating roof set on its legs. The owner or operator shall 
maintain a record for each storage vessel subject to Sec. 65.43(b)(2) 
and Sec. 65.44(b)(2) identifying the date when the floating roof was 
set on its legs and the date when the roof was refloated. The record 
shall also indicate whether this was a continuous operation.



Sec. 65.48  Reporting provisions.

    (a) Notification of initial startup. If Sec. 65.5(b) requires that 
a notification of initial startup be filed, then the content of the 
notification of initial startup shall at least include the information 
specified in Sec. 65.5(b) and the identification of each storage 
vessel, its capacity, and the types of regulated material stored in the 
storage vessel.

[[Page 55]]

    (b) Periodic reports. Report the information specified in paragraphs 
(b)(1) through (3) of this section, as applicable, in the periodic 
report specified in Sec. 65.5(e).
    (1) Inspection results. Report the following information for each 
inspection conducted in accordance with Sec. 65.43(c) and Sec. 
65.44(c) in which an IFR or EFR failure is detected in the control 
equipment:
    (i) If an IFR type A failure or an EFR failure is observed for 
vessels for which inspections are required under Sec. 65.43(c)(1)(i), 
Sec. 65.43(c)(2)(ii)(A), or Sec. 65.44(c)(10), each report shall 
include the inspection results record listed in Sec. 65.47(c)(1)(ii). 
If an extension is utilized in accordance with Sec. 65.43(d)(1) or 
Sec. 65.44(d)(1), the report shall include the records listed in Sec. 
65.47(c)(1)(ii) plus the documentation specified in Sec. 65.47(d)(1).
    (ii) If an IFR type B failure is observed for vessels for which 
inspections are required under Sec. 65.43(c)(1)(ii), (c)(2)(i), or 
(c)(2)(ii)(B), each report shall include a copy of the records listed in 
Sec. 65.47(c)(1)(ii).
    (2) Seal gap measurement results. (i) For each vessel whose seal 
gaps are measured during the reporting period, identify each seal gap 
measurement made in accordance with Sec. 65.44(c) in which the 
requirements of Sec. 65.44(c)(7) or (8) are met.
    (ii) For each seal gap measurement made in accordance with Sec. 
65.44(c) in which the requirements of Sec. 65.44(c)(7) or (8) are not 
met, from the records kept pursuant to Sec. 65.47(c)(2), report the 
date of the measurements, results of the calculations, and note which 
seal gap measurements did not conform to the specifications in Sec. 
65.44(c)(7) and (8).
    (3) Extension documentation. If an extension is utilized in 
accordance with Sec. 65.44(c)(9), the owner or operator shall include 
the documentation specified in Sec. 65.47(d)(2) in the next report 
required by Sec. 65.5(e).
    (c) Special notifications. An owner or operator who elects to comply 
with Sec. 65.43, Sec. 65.44, or Sec. 65.45 shall submit, as 
applicable, the reports specified in paragraphs (c)(1) and (2) of this 
section except as specified in paragraph (c)(3) of this section. Each 
written notification or report shall also include the information 
specified in Sec. 65.5(f).
    (1) Refilling notification. In order to afford the Administrator the 
opportunity to have an observer present, notify the Administrator prior 
to refilling of a storage vessel that has been emptied. If the storage 
vessel is equipped with an internal floating roof as specified in Sec. 
65.43, an external floating roof as specified in Sec. 65.44, or an 
external floating roof converted to an internal floating roof as 
specified in Sec. 65.45, the notification shall meet either of the 
following requirements, as applicable.
    (i) Notify the Administrator in writing at least 30 calendar days 
prior to the refilling of each storage vessel; or
    (ii) If the inspection is not planned and the owner or operator 
could not have known about the inspection 30 calendar days in advance of 
refilling the vessel, the owner or operator shall notify the 
Administrator as soon as practical, but no later than 7 calendar days 
prior to the refilling of the storage vessel. Notification may be made 
by telephone and immediately followed by written documentation 
demonstrating why the inspection was unplanned. Alternatively, the 
notification including the written documentation may be made in writing 
and sent so that it is received by the Administrator at least 7 calendar 
days prior to refilling.
    (2) Seal gap measurement notification. In order to afford the 
Administrator the opportunity to have an observer present during seal 
gap measurements, the owner or operator of a storage vessel equipped 
with an external floating roof as specified in Sec. 65.44 shall meet 
either of the following notification requirements, as applicable:
    (i) Notify the Administrator in writing at least 30 calendar days in 
advance of any seal gap measurements; or
    (ii) If the seal gap measurements are not planned and the owner or 
operator could not have known about the seal gap measurements 30 
calendar days in advance, the owner or operator shall notify the 
Administrator as soon as practical, but no later than 7 calendar days 
prior to the seal gap measurements. Notification may be made by 
telephone and immediately followed by written documentation 
demonstrating why the seal gap measurements were

[[Page 56]]

unplanned. Alternatively, the notification including the written 
documentation may be made in writing and sent so that it is received by 
the Administrator at least 7 calendar days prior to refilling.
    (3) Notification waiver. Where a notification required by paragraphs 
(c)(1) or (2) of this section is sent to a delegated State or local 
agency, a copy of the notification to the Administrator is not required. 
A delegated State or local agency may waive the requirements for these 
notifications.
    (d) Compliance certification. For sources subject to the compliance 
certification provisions of title V, a recertification of continuous 
compliance with Sec. Sec. 65.43(b)(1) and 65.44(b)(1) shall be based on 
the annual inspections required by Sec. 65.43(c)(1)(i) and 
(c)(2)(ii)(A) and any observations made at other times when the roof is 
viewed.



Sec. Sec. 65.49-65.59  [Reserved]



                         Subpart D_Process Vents



Sec. 65.60  Applicability.

    The provisions of this subpart and of subpart A of this part apply 
to regulated material emissions from process vents where a referencing 
subpart references the use of this subpart.



Sec. 65.61  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of this 
part for purposes of this subpart.



Sec. 65.62  Process vent group determination.

    (a) Group status. The owner or operator of a process vent shall 
determine the group status (i.e., Group 1, Group 2A, or Group 2B) for 
each process vent. Group 1 process vents require control, and Group 2A 
and 2B process vents do not. Group 2A process vents require parameter 
monitoring, and Group 2B process vents do not. The owner or operator 
shall report the group status of each process vent as specified in Sec. 
65.5(c)(2).
    (b) Group 1. A process vent is considered Group 1 if it meets at 
least one of the following specifications:
    (1) The owner or operator designates the process vent as Group 1.
    (2) At representative operating conditions expected to yield the 
lowest TRE index value for the process vent, the TRE index value is less 
than or equal to 1.0, the flow rate is greater than or equal to 0.011 
standard cubic meter per minute (0.40 standard cubic foot per minute), 
and the concentration is greater than or equal to the applicable 
criterion in table 1 of this subpart. Procedures for determining the TRE 
index value, flow rate, and concentration are specified in Sec. 65.64.
    (c) Group 2A. A process vent is considered Group 2A if, at 
representative operating conditions expected to yield the lowest TRE 
index value, it has a TRE index value of greater than 1.0 and less than 
or equal to 4.0, a flow rate of greater than or equal to 0.011 standard 
cubic meter per minute (0.40 standard cubic foot per minute), and a 
concentration greater than or equal to the applicable table 1 criterion. 
Procedures for determining the TRE index value, flow rate, and 
concentration are specified in Sec. 65.64.
    (d) Group 2B. A process vent is considered Group 2B if, at 
representative operating conditions expected to yield the lowest TRE 
index value, it has a TRE index value of greater than 4.0; or a flow 
rate of less than 0.011 standard cubic meter per minute (0.40 standard 
cubic foot per minute); or a concentration less than the applicable 
criterion in table 1 of this subpart. Procedures for determining the TRE 
index value, flow rate, and concentration are specified in Sec. 65.64.



Sec. 65.63  Performance and group status change requirements.

    (a) Group 1 performance requirements. Except for the additional 
requirement for halogenated vent streams as provided in paragraph (b) of 
this section, the owner or operator of a Group 1 process vent shall 
comply with the requirements of either paragraph (a)(1), (2), or (3) of 
this section.

[[Page 57]]

    (1) Flare. Reduce emissions of regulated material using a flare 
meeting the applicable requirements of Sec. 65.142(b).
    (2) 98 percent or 20 parts per million standard. Reduce emissions of 
regulated material or TOC by at least 98 weight-percent or to a 
concentration of less than 20 parts per million by volume, whichever is 
less stringent. For combustion devices, the emission reduction or 
concentration shall be calculated on a dry basis, and corrected to 3 
percent oxygen. The owner or operator shall meet the requirements in 
Sec. 65.142(b) and paragraphs (a)(2)(i) and/or (a)(2)(ii) of this 
section.
    (i) Compliance with paragraph (a)(2) of this section may be achieved 
by using any combination of recovery and/or control device to meet the 
20 parts per million by volume concentration standard; or by using any 
combination of recovery and/or control device to meet the 98 weight 
percent reduction standard, if the recovery device meets the conditions 
of paragraph (a)(2)(ii) of this section.
    (ii) An owner or operator may use a recovery device alone or in 
combination with one or more control devices to reduce emissions of 
total regulated material by 98 weight-percent if all of the following 
conditions are met:
    (A) For process vents referenced to this part by 40 CFR part 63, 
subpart G, the recovery device (and any control device that operates in 
combination with the recovery device to reduce emissions of total 
regulated material by 98 weight-percent) was installed before December 
31, 1992.
    (B) The recovery device that will be used to reduce emissions of 
total regulated material by 98 weight-percent is the last recovery 
device before emission to the atmosphere.
    (C) The recovery device alone or in combination with one or more 
control devices is capable of reducing emissions of total regulated 
material by 98 weight-percent but is not capable of reliably reducing 
emissions of total regulated material to a concentration of 20 parts per 
million by volume.
    (D) If the owner or operator disposed of the recovered material, the 
recovery device would be considered a control device and comply with the 
requirements of this subpart and Sec. 65.142(b) for control devices.
    (3) TRE index value. Achieve and maintain a TRE index value greater 
than 1.0 at the outlet of the final recovery device, or prior to release 
from the process vent to the atmosphere if no recovery device is 
present. If the TRE index value is greater than 1.0, the process vent 
shall meet the provisions for a Group 2A or 2B process vent specified in 
either paragraph (c), (d), (e), or (f) of this section, whichever is 
applicable.
    (b) Halogenated Group 1 performance requirement. Halogenated Group 1 
process vents that are combusted shall be controlled according to 
paragraph (b)(1) or (2) of this section. The owner or operator shall 
either designate the Group 1 process vent as a halogenated Group 1 
process vent or shall determine whether the process vent is halogenated 
using the procedures specified in Sec. 65.64(g). If determined, the 
halogen concentration in the vent stream shall be recorded and reported 
in the Initial Compliance Status Report as specified in Sec. 65.160(d). 
If the owner or operator designates the process vent as a halogenated 
Group 1 process vent, then this shall also be recorded and reported in 
the Initial Compliance Status Report.
    (1) Halogen reduction device following combustion. If a combustion 
device is used to comply with paragraph (a)(2) of this section for a 
halogenated process vent, then the process vent exiting the combustion 
device shall be ducted to a halogen reduction device including, but not 
limited to, a scrubber before it is discharged to the atmosphere, and 
the halogen reduction device shall meet the requirements of paragraph 
(b)(1)(i) or (ii) of this section, as applicable. The halogenated 
process vent shall not be combusted using a flare.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens by 99 percent or shall reduce the outlet mass of 
total hydrogen halides and halogens to less than 0.45 kilogram per hour 
(0.99 pound per hour), whichever is less stringent. The owner or 
operator shall meet the requirements in Sec. 65.142(b).

[[Page 58]]

    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the device shall reduce overall emissions of 
hydrogen halides and halogens by 95 percent or shall reduce the outlet 
mass of total hydrogen halides and halogens to less than 0.45 kilogram 
per hour (0.99 pound per hour), whichever is less stringent. The owner 
or operator shall meet the requirements in Sec. 65.142(b).
    (2) Halogen reduction device prior to combustion. A halogen 
reduction device, such as a scrubber, or other technique may be used to 
reduce the process vent halogen atom mass emission rate to less than 
0.45 kilogram per hour (0.99 pound per hour) prior to any combustion 
control device and thus make the process vent nonhalogenated; the 
process vent must comply with the requirements of paragraph (a)(1) or 
(2) of this section. The mass emission rate of halogen atoms contained 
in organic compounds prior to the combustor shall be determined 
according to the procedures in Sec. 65.64(g). The owner or operator 
shall maintain the record specified in Sec. 65.160(d) and submit the 
report specified in Sec. 65.165(d).
    (c) Performance requirements for Group 2A process vents with 
recovery devices. For Group 2A process vents, where the owner or 
operator is using a recovery device to maintain a TRE index value 
greater than 1.0, the owner or operator shall maintain a TRE index value 
greater than 1.0 and comply with the requirements for recovery devices 
in Sec. 65.142(b).
    (d) Performance requirements for Group 2A process vents without 
recovery devices. For Group 2A process vents where the owner or operator 
is not using a recovery device to maintain a TRE index value greater 
than 1.0, determine the appropriate parameters to be monitored and 
submit the information as specified in paragraphs (d)(1), (2), and (3) 
of this section. Such information shall be submitted for approval to the 
Administrator as part of a title V permit application or by separate 
notice. The owner or operator shall monitor as specified in Sec. 
65.65(a), maintain the record specified in Sec. 65.66(e), and submit 
reports as specified in Sec. 65.67(c).
    (1) Parameter monitoring. A description of the parameter(s) to be 
monitored to ensure the owner or operator of a process vent achieves and 
maintains the TRE above 1.0. and an explanation of the criteria used to 
select the parameter(s).
    (2) Demonstration methods and procedures. A description of the 
methods and procedures that will be used to demonstrate that the 
parameter indicates proper operation of the process, the schedule for 
this demonstration, and a statement that the owner or operator will 
establish a range for the monitored parameter as part of the Initial 
Compliance Status Report required in Sec. 65.5(d), unless this 
information has already been included in the operating permit 
application.
    (3) Monitoring, recordkeeping, and reporting frequency. The 
frequency and content of monitoring, recording, and reporting if 
monitoring and recordkeeping are not continuous, or if reports of daily 
average values when the monitored parameter value is outside the range 
established in the operating permit or Initial Compliance Status Report 
will not be included in periodic reports required under Sec. 65.5(e). 
The rationale for the proposed monitoring, recording, and reporting 
system shall be included.
    (e) Group 2B performance requirements. For Group 2B process vents, 
the owner or operator shall maintain a TRE index greater than 4.0, a 
flow rate less than 0.011 scmm, or a concentration less than the 
applicable criteria in table 1 to this subpart.
    (f) Group 2A or 2B process change requirements. Whenever process 
changes are made that could reasonably be expected to change a Group 2A 
or 2B process vent to a Group 1 vent, the owner or operator shall 
recalculate the TRE index value, flow, or TOC or organic hazardous air 
pollutant (HAP) concentration according to paragraph (f)(1), (2), or (3) 
of this section as specified for each process vent as necessary to 
determine whether the process vent is Group 1, Group 2A, or Group 2B and 
shall maintain the applicable records specified in Sec. 65.66(d) and 
submit the applicable reports specified in Sec. 65.67(b). The owner or 
operator shall perform the group status determination as soon as 
practical after the process change and within 180 days after the process

[[Page 59]]

change. Examples of process changes include, but are not limited to, 
changes in production capacity, production rate, feedstock type, or 
catalyst type, or whenever there is replacement, removal, or addition of 
recovery equipment. For purposes of paragraph (f) of this section, 
process changes do not include process upsets; unintentional, temporary 
process changes; and changes that are within the range on which the 
original TRE index value calculation was based.
    (1) Flow rate. The flow rate shall be determined as specified in the 
sampling site and flow rate determination procedures in Sec. 65.64(b) 
and (d) or by using best engineering assessment of the effects of the 
change. Engineering assessments shall meet the specifications in Sec. 
65.64(i).
    (2) Concentration. The TOC or organic HAP concentration shall be 
determined as specified in Sec. 65.64(b) and (c) or by using best 
engineering assessment of the effects of the change. Engineering 
assessments shall meet the specifications in Sec. 65.64(i).
    (3) TRE index value. The TRE index value shall be recalculated based 
on measurements of process vent flow rate, TOC, and/or organic HAP 
concentrations, and heating values as specified in Sec. 65.64(b), (c), 
(d), (e), (f), (g), and (h) as applicable, or based on best engineering 
assessment of the effects of the change. Engineering assessments shall 
meet the specifications in Sec. 65.64(i).
    (4) Group status change to Group 1. Where the process change causes 
the group status to change to Group 1, the owner or operator shall 
comply with the Group 1 process vent provisions in paragraph (a) of this 
section and, if they apply, the halogenated Group 1 process vent 
provisions in paragraph (b) of this section upon initial startup after 
the change and thereafter unless the owner or operator demonstrates to 
the Administrator that achieving compliance will take longer than making 
the process change. If this demonstration is made to the Administrator's 
satisfaction, the owner or operator shall comply as expeditiously as 
practical, but in no event later than 3 years after the emission point 
becomes Group 1, and shall comply with the following procedures to 
establish a compliance date:
    (i) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (ii) The compliance schedule shall be submitted with the operating 
permit application or amendment or by other appropriate means.
    (iii) The Administrator shall approve the compliance schedule or 
request changes within 120 calendar days of receipt of the compliance 
schedule and justification.
    (5) Group status change to Group 2A. Whenever a process change 
causes the process vent group status to change to Group 2A, the owner or 
operator shall comply with the provisions of paragraph (c) or (d) of 
this section upon completion of the group status determination of the 
process vent.
    (6) Group status change to Group 2B. Whenever a process change 
causes the process vent group status to change to Group 2B, the owner or 
operator shall comply with the provisions of paragraph (e) of this 
section as soon as practical after the process change.



Sec. 65.64  Group determination procedures.

    (a) General. The provisions of this section provide calculation and 
measurement methods for parameters that are used to determine group 
status.
    (b)(1) Sampling site. For purposes of determining TOC or HAP 
concentration, process vent volumetric flow rate, heating value, or TRE 
index value as specified under paragraph (c), (d), (e), (f), or (h) of 
this section, the sampling site shall be located after the last recovery 
device (if any recovery devices are present) but prior to the inlet of 
any control device that is present, and prior to release to the 
atmosphere.
    (2) Sampling site when a halogen reduction device is used prior to a 
combustion device. An owner or operator using a scrubber or other 
halogen reduction device to reduce the process vent halogen atom mass 
emission rate to less than 0.45 kilogram per hour (0.99 pound per hour) 
prior to a combustion control device in compliance with Sec. 
65.63(b)(2) shall determine the halogen atom mass emission rate prior to 
the combustor

[[Page 60]]

and after the scrubber or other halogen reduction device according to 
the procedures in paragraph (g) of this section.
    (3) Sampling site selection method. Method 1 or 1A of appendix A of 
40 CFR part 60, as appropriate, shall be used for selection of the 
sampling site. No traverse site selection method is needed for process 
vents smaller than 0.10 meter (4 inches) in nominal inside diameter.
    (c) TOC or HAP concentration. The TOC or HAP concentrations used for 
TRE index value calculations in paragraph (h) of this section shall be 
determined based on paragraph (c)(1) or (i) of this section, or any 
other method or data that have been validated according to the protocol 
in Method 301 of appendix A of 40 CFR part 63. For concentrations needed 
for comparison with the appropriate concentration in table 1 of this 
subpart, TOC or HAP concentration shall be determined based on paragraph 
(c)(1), (c)(2), or (i) of this section or any other method or data that 
have been validated according to the protocol in Method 301 of appendix 
A of 40 CFR part 63. The owner or operator shall record the TOC or HAP 
concentration as specified in Sec. 65.66(c).
    (1) Method 18. The procedures specified in paragraph (c)(1)(i) and 
(ii) of this section shall be used to calculate parts per million by 
volume concentration using Method 18 of appendix A of 40 CFR part 60.
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15-minute intervals during the run.
    (ii) The concentration of either TOC (minus methane and ethane) or 
organic HAP emissions shall be calculated using the following two 
procedures, as applicable.
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 64-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.000

Where:

CTOC = Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
x = Number of samples in the sample run.
n = Number of components in the sample.
Cji = Concentration of sample component j of the sample i, 
dry basis, parts per million by volume.

    (B) The total organic HAP concentration (CHAP) shall be 
computed according to the equation in paragraph (c)(1)(ii)(A) of this 
section except that only the organic HAP species shall be summed.
    (2) Method 25A. The following procedures shall be used to calculate 
parts per million by volume concentration using Method 25A of appendix A 
of 40 CFR part 60:
    (i) Method 25A of appendix A of 40 CFR part 60 shall be used only if 
a single organic compound of regulated material is greater than 50 
percent of total organic HAP or TOC, by volume, in the process vent.
    (ii) The process vent composition may be determined by either 
process knowledge, test data collected using an appropriate EPA method, 
or a method or data validated according to the protocol in Method 301 of 
appendix A of 40 CFR part 63. Examples of information that could 
constitute process knowledge include calculations based on material 
balances, process stoichiometry, or previous test results provided the 
results are still relevant to the current process vent conditions.
    (iii) The organic compound used as the calibration gas for Method 
25A of appendix A of 40 CFR part 60 shall be the single organic compound 
of regulated material present at greater than 50 percent of the total 
organic HAP or TOC by volume.
    (iv) The span value for Method 25A of appendix A of 40 CFR part 60 
shall be equal to the appropriate concentration value in table 1 to this 
subpart.
    (v) Use of Method 25A of appendix A of 40 CFR part 60 is acceptable 
if the

[[Page 61]]

response from the high-level calibration gas is at least 20 times the 
standard deviation of the response from the zero calibration gas when 
the instrument is zeroed on the most sensitive scale.
    (vi) The owner or operator shall demonstrate that the concentration 
of TOC including methane and ethane measured by Method 25A of appendix A 
of 40 CFR part 60 is below one-half the appropriate value in table 1 to 
this subpart to be considered a Group 2B vent with an organic HAP or TOC 
concentration below the appropriate value in table 1 to this subpart.
    (d) Volumetric flow rate. The process vent volumetric flow rate 
(QS) in standard cubic meters per minute at 20 [deg]C (68 
[deg]F) shall be determined as specified in paragraphs (d)(1) and (2) of 
this section and shall be recorded as specified in Sec. 65.66(b):
    (1) Use Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60, as 
appropriate. If the process vent tested passes through a final steam jet 
ejector and is not condensed, the stream volumetric flow shall be 
corrected to 2.3 percent moisture; or
    (2) The engineering assessment procedures in paragraph (i) of this 
section can be used for determining volumetric flow rates.
    (e) Heating value. The net heating value shall be determined as 
specified in paragraphs (e)(1) and (2) of this section or by using the 
engineering assessment procedures in paragraph (i) of this section.
    (1) The net heating value of the process vent shall be calculated 
using Equation 64-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.001

Where:

HT = Net heating value of the sample, megajoule per standard 
cubic meter, where the net enthalpy per mole of process vent is based on 
combustion at 25 [deg]C and 760 millimeters of mercury, but the standard 
temperature for determining the volume corresponding to 1 mole is 20 
[deg]C as in the definition of QS (process vent volumetric 
flow rate).
K1 = Constant, 1.740 x 10-7 (parts per 
million)-1 (gram-mole per standard cubic meter) (megajoule 
per kilocalorie), where standard temperature for (gram-mole per standard 
cubic meter) is 20 [deg]C.
n = Number of components in the sample.
Dj = Concentration on a wet basis of compound j in parts per 
million as measured by procedures indicated in paragraph (e)(2) of this 
section. For process vents that pass through a final steam jet and are 
not condensed, the moisture is assumed to be 2.3 percent by volume.
Hj = Net heat of combustion of compound j, kilocalorie per 
gram-mole, based on combustion at 25 [deg]C and 760 millimeters of 
mercury. The heat of combustion of process vent components shall be 
determined using American Society for Testing and Materials (ASTM) 
D2382-76 (incorporated by reference as specified in Sec. 65.13) if 
published values are not available or cannot be calculated.

    (2) The molar composition of the process vent (Dj) shall 
be determined using the following methods:
    (i) Method 18 of appendix A of 40 CFR part 60 to measure the 
concentration of each organic compound.
    (ii) American Society for Testing and Materials (ASTM) D1946-77 
(incorporated by reference as specified in Sec. 65.13) to measure the 
concentration of carbon monoxide and hydrogen.
    (iii) Method 4 of appendix A of 40 CFR part 60 to measure the 
moisture content of the stack gas.
    (f) TOC or HAP emission rate. The emission rate of TOC (minus 
methane and ethane) (ETOC) and/or the emission rate of total 
organic HAP (EHAP) in the process vent as required by the TRE 
index value equation specified in paragraph (h) of this section, shall 
be calculated using Equation 64.3 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.002

Where:

E = Emission rate of TOC (minus methane and ethane) (ETOC) or 
emission rate of total organic HAP (EHAP) in the sample, 
kilograms per hour.
K2 = Constant, 2.494 x 10-6 (parts per million) 
(gram-mole per standard cubic meter) (kilogram per gram) (minutes per 
hour), where standard temperature for (gram-mole per standard cubic 
meter) is 20 [deg]C.
n = Number of components in the sample.
Cj = Concentration on a dry basis of organic compound j in 
parts per million as measured by Method 18 of appendix A of 40 CFR part 
60 as indicated in paragraph (c) of this

[[Page 62]]

section. If the TOC emission rate is being calculated, Cj 
includes all organic compounds measured minus methane and ethane; if the 
total organic HAP emission rate is being calculated, only organic HAP 
compounds are included.
Mj = Molecular weight of organic compound j, gram/gram-mole.
Qs = Process vent flow rate, dry standard cubic meter per 
minute, at a temperature of 20 [deg]C.

    (g) Halogenated vent determination. In order to determine whether a 
process vent is halogenated, the mass emission rate of halogen atoms 
contained in organic compounds shall be calculated according to the 
procedures specified in paragraphs (g)(1) and (2) of this section. A 
process vent is considered halogenated if the mass emission rate of 
halogen atoms contained in the organic compounds is equal to or greater 
than 0.45 kilogram per hour (0.99 pound per hour).
    (1) The process vent concentration of each organic compound 
containing halogen atoms (parts per million by volume, by compound) 
shall be determined based on one of the following procedures:
    (i) Process knowledge that no halogen or hydrogen halides are 
present in the process vent; or
    (ii) Applicable engineering assessment as discussed in paragraph 
(i)(3) of this section; or
    (iii) Concentration of organic compounds containing halogens 
measured by Method 18 of appendix A of 40 CFR part 60; or
    (iv) Any other method or data that have been validated according to 
the applicable procedures in Method 301 of appendix A of 40 CFR part 63.
    (2) Equation 64-4 of this section shall be used to calculate the 
mass emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR14DE00.003

Where:

E = Mass of halogen atoms, dry basis, kilogram per hour.
K2 = Constant, 2.494 x 10- 6 (parts per 
million)-1 (kilogram-mole per standard cubic meter) (minute 
per hour), where standard temperature is 20 [deg]C.
Q = Flow rate of gas stream, dry standard cubic meters per minute, 
determined according to paragraph (d) or (i) of this section.
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas stream.
i = Halogen atom i in compound j of the gas stream.
Cj = Concentration of halogenated compound j in the gas 
stream, dry basis, parts per million by volume.
Lji = Number of atoms of halogen i in compound j of the gas 
stream.
Mji = Molecular weight of halogen atom i in compound j of the 
gas stream, kilogram per kilogram-mole.

    (h) TRE index value. The owner or operator shall calculate the TRE 
index value of the process vent using the equations and procedures 
specified in paragraphs (h)(1) through (3) of this section, as 
applicable, and shall maintain the records specified in Sec. 65.66(a) 
or Sec. 65.66(d)(4), as applicable.
    (1) TRE index value equation. Equation 64-5 of this section shall be 
used to calculate the TRE index:
[GRAPHIC] [TIFF OMITTED] TR14DE00.022

Where:

TRE = TRE index value.
A, B, C, D, E, and F = Parameters presented in tables 2 and 3 of this 
subpart that include the following variables:
Q = Process vent flow rate, standard cubic meters per minute, at a 
standard temperature of 20 [deg]C, as calculated according to paragraph 
(d) or (i) of this section.
H = Process vent net heating value, megajoules per standard cubic meter, 
as calculated according to paragraph (e) or (i) of this section.
ETOC = Emission rate of TOC (minus methane and ethane), 
kilograms per hour, as calculated according to paragraph (f) or (i) of 
this section.
EHAP = Emission rate of total organic HAP, kilograms per 
hour, as calculated according to paragraph (f) or (i) of this section.


[[Page 63]]


    (2) Nonhalogenated process vents. The owner or operator of a 
nonhalogenated process vent shall calculate the TRE index value using 
either one of the following procedures, as applicable:
    (i) TRE calculations: Part 60 regulated sources. Use the parameters 
in table 2 to this subpart and calculate the TRE index value twice, once 
using the appropriate equation (depending on the heating value and flow 
rate of the process vent) in equations 15 through 30 and once using the 
appropriate equation (depending on the heating value of the process 
vent) in equations 31 and 32. Select the lowest TRE index value.
    (ii) TRE calculations: Part 63 regulated sources. Use the equation 
and parameters in table 3 to this subpart and calculate the TRE index 
value using equations 34, 35, and 36 for process vents at existing 
sources; or equations 38, 39, and 40 for process vents at new sources. 
Select the lowest TRE index value.
    (3) Halogenated process vents. The owner or operator of a 
halogenated process vent stream as determined according to procedures 
specified in paragraph (g) of this section shall calculate the TRE index 
value using either one of the following procedures, as applicable:
    (i) TRE Calculations: Part 60 regulated sources. Use the parameters 
in table 2 to this subpart and calculate the TRE index value using the 
appropriate equation chosen from equations 1 through 14 depending on the 
heating value and flow rate of the process vent.
    (ii) TRE calculations: Part 63 regulated sources. Use the 
appropriate parameters in table 3 to this subpart and calculate the TRE 
index value using equation 33 or 37 depending on whether the process 
vent is at a new or existing source.
    (i) Engineering assessment. For purposes of TRE index value 
determination, engineering assessment may be used to determine process 
vent flow rate, net heating value, TOC emission rate, and total organic 
HAP emission rate for the representative operating condition expected to 
yield the lowest TRE index value. Engineering assessments shall meet the 
requirements of paragraphs (i)(1) through (4) of this section. If 
process vent flow rate or process vent organic HAP or TOC concentration 
is being determined for comparison with the 0.011 scmm (0.40 standard 
cubic foot) flow rate or the applicable concentration value in table 1 
to this subpart, engineering assessment may be used to determine the 
flow rate or concentration for the representative operating condition 
expected to yield the highest flow rate or concentration.
    (1) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (h) of this 
section is greater than 4.0, then the owner or operator is not required 
to perform the measurements specified in paragraphs (c) through (g) of 
this section.
    (2) If the TRE index value calculated using such engineering 
assessment and the TRE index value equation in paragraph (h) of this 
section is less than or equal to 4.0, then the owner or operator is 
required either to perform the measurements specified in paragraphs (c) 
through (g) of this section for group determination or to consider the 
process vent a Group 1 process vent and comply with the requirement (or 
standard) specified in Sec. 65.63(a) and, if applicable, Sec. 
65.63(b).
    (3) Engineering assessment includes, but is not limited to, the 
examples specified in paragraphs (i)(3)(i) through (iv) of this section.
    (i) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) Maximum flow rate, TOC emission rate, organic HAP emission 
rate, organic HAP or TOC concentration, or net heating value limit 
specified or implied within a permit limit applicable to the process 
vent.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to, the following examples:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC or organic HAP concentrations;

[[Page 64]]

    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities;
    (C) Estimation of TOC or organic HAP concentrations based on 
saturation conditions; and
    (D) Estimation of maximum expected net heating value based on the 
stream concentration of each organic compound or, alternatively, as if 
all TOC in the stream were the compound with the highest heating value.
    (4) All data, assumptions, and procedures used in the engineering 
assessment shall be documented. The owner or operator shall maintain the 
records specified in Sec. 65.66(a), (b), (c), or (d), as applicable.



Sec. 65.65  Monitoring.

    (a) An owner or operator of a Group 2A process vent maintaining a 
TRE index value greater than 1.0 without a recovery device shall monitor 
based on the approved plan as specified in Sec. 65.63(d).
    (b) As required in Sec. 65.63(a) and (c), an owner or operator of a 
Group 2A process vent maintaining a TRE index value greater than 1.0 
with a recovery device or a Group 1 process vent shall comply with Sec. 
65.142(b).



Sec. 65.66  Recordkeeping provisions.

    (a) TRE index value records. The owner or operator shall maintain 
records of measurements, engineering assessments, and calculations 
performed to determine the TRE index value of the process vent according 
to the procedures of Sec. 65.64(h), including those records associated 
with halogen vent stream determination. Documentation of engineering 
assessments shall include all data, assumptions, and procedures used for 
the engineering assessments, as specified in Sec. 65.64(i). As 
specified in Sec. 65.67(a), the owner or operator shall include this 
information in the Initial Compliance Status Report.
    (b) Flow rate records. Each owner or operator who elects to 
demonstrate that a process vent is Group 2B based on a flow rate less 
than 0.011 standard cubic meter per minute (0.40 standard cubic foot per 
minute) shall record the flow rate as measured using the sampling site 
and flow rate determination procedures specified in Sec. 65.64(b) and 
(d) or determined through engineering assessment as specified in Sec. 
65.64(i). As specified in Sec. 65.67(a), the owner or operator shall 
include this information in the Initial Compliance Status Report.
    (c) Concentration records. Each owner or operator who elects to 
demonstrate that a process vent is Group 2B based on a concentration 
less than the applicable criteria in table 1 to this subpart shall 
record the organic HAP or TOC concentration as measurement using the 
sampling site and HAP or TOC concentration determination procedures 
specified in Sec. 65.64(b) and (c) or determined through engineering 
assessment as specified in Sec. 65.64(i). As specified in Sec. 
65.67(a), the owner or operator shall include this information in the 
Initial Compliance Status Report.
    (d) Process change records. The owner or operator shall keep up-to-
date, readily accessible records as specified in the following and shall 
report this information as specified in Sec. 65.67(b):
    (1) If the process vent is Group 2B on the basis of flow rate being 
less than 0.011 scmm (0.40 standard cubic foot), then the owner or 
operator shall keep records of any process changes as defined in Sec. 
65.63(f) that increase the process vent flow rate and any recalculation 
or measurement of the flow rate pursuant to Sec. 65.63(f).
    (2) If the process vent is Group 2B on the basis of organic HAP or 
TOC concentration being less than the applicable value in table 1 to 
this subpart, then the owner or operator shall keep records of any 
process changes as defined in Sec. 65.63(f) that increase the organic 
HAP or TOC concentration of the process vent and any recalculation or 
measurement of the concentration pursuant to Sec. 65.63(f).
    (3) If the process vent is Group 2A or Group 2B on the basis of the 
TRE index value being greater than 1.0, then the owner or operator shall 
keep records of any process changes as defined in Sec. 65.63(f) and any 
recalculation of the TRE index value pursuant to Sec. 65.63(f).
    (4) As a result of a process change, if a process vent that was 
Group 2B on any basis becomes a Group 2B process vent only on the basis 
of having a TRE greater than 4.0, then the owner or operator shall keep 
records of the TRE index value determination performed

[[Page 65]]

according to the sample site and TRE index value determination 
procedures of Sec. 65.64(b)(1) and (h) or determined through 
engineering assessment as specified in Sec. 65.64(i).
    (e) Other Group 2A records. An owner or operator of a Group 2A 
process vent maintaining a TRE index value greater than 1.0 without a 
recovery device shall record the parameters monitored based on the 
approved plan as specified in Sec. 65.63(d).



Sec. 65.67  Reporting provisions.

    (a) Initial compliance status report. The owner or operator shall 
submit as part of the Initial Compliance Status Report specified in 
Sec. 65.5(d) the information recorded in Sec. 65.66(a), (b), and (c), 
as applicable.
    (b) Process change. (1) Whenever a process change, as described in 
Sec. 65.63(f), is made that causes a Group 2A or 2B process vent to 
become a Group 1 process vent or a Group 2B process vent to become a 
Group 2A process vent, the owner or operator shall either submit a 
report within 60 days after the performance test or group determination 
or submit a report included as part of the next periodic report. The 
report shall include the following information:
    (i) A description of the process change;
    (ii) The results of the recalculation of the flow rate, organic HAP 
or TOC concentration, and/or TRE index value required under Sec. 
65.63(f) and recorded under Sec. 65.66(d); and
    (iii) A statement that the owner or operator will comply with the 
provisions of Sec. 65.63 by the schedules specified in Sec. 
65.63(f)(4) through (6).
    (2) For process vents that become Group 1 process vents after a 
process change requiring a performance test to be conducted for the 
control device being used as specified in subpart G of this part, the 
owner or operator shall specify that the performance test has become 
necessary due to a process change. This specification shall be made in 
the notification to the Administrator of the intent to conduct a 
performance test as provided in Sec. 65.164(b)(1).
    (3) Whenever a process change as described in Sec. 65.63(f) is made 
that changes the group status of a process vent from Group 1 to Group 
2A, or from Group 1 to Group 2B, or from Group 2A to Group 2B, the owner 
or operator shall include a statement in the next periodic report after 
the process change that a process change has been made and the new group 
status of the process vents.
    (4) The owner or operator is not required to submit a report of a 
process change if one of the following conditions is met:
    (i) The change does not meet the definition of a process change in 
Sec. 65.63(f); or
    (ii) For a Group 2B process vent, the vent stream flow rate is 
recalculated according to Sec. 65.63(f) and the recalculated value is 
less than 0.011 standard cubic meter per minute (0.40 standard cubic 
foot per minute); or
    (iii) For a Group 2B process vent, the organic HAP or TOC 
concentration of the vent stream is recalculated according to Sec. 
65.63(f), and the recalculated value is less than the applicable value 
in table 1 to this subpart; or
    (iv) For a Group 2B process vent, the TRE index value is 
recalculated according to Sec. 65.63(f) and the recalculated value is 
greater than 4.0.
    (c) Parameters for Group 2A without a recovery device. An owner or 
operator of a Group 2A process vent maintaining a TRE index value 
greater than 1.0 without using a recovery device shall report the 
information specified in the approved plan under Sec. 65.63(d).



Sec. Sec. 65.68-65.79  [Reserved]



     Sec. Table 1 to Subpart D of Part 65--Concentration for Group 
                              Determination

------------------------------------------------------------------------
            Referencing subpart                   Concentration \1\
------------------------------------------------------------------------
Subpart III of Part 60....................  NA.
Subpart NNN of Part 60....................  300 ppmv of TOC.
Subpart RRR of Part 60....................  300 ppmv of TOC.
Subpart G of Part 63......................  50 ppmv of HAP \2\.
------------------------------------------------------------------------
\1\ The 50 ppm HAP concentration cutoff only applies to 40 CFR part 63,
  subpart G sources. Process vents subject to only 40 CFR part 60,
  subparts RRR or NNN are eligible for the 300 ppm TOC cutoff. There is
  no concentration cutoff for subpart III sources. The process vent
  provisions of subpart DDD are not consolidated under this subpart.
\2\ For process vents subject to subpart G of 40 CFR part 63, the owner
  or operator may measure HAP or TOC concentration with regard to the
  low concentration exemption provisions of this part.


[[Page 66]]

  Table 2 to Subpart D of Part 65--TRE Parameters for NSPS Referencing 
                               Subparts\a\

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Net heating                                                   Values of terms for TRE equation: TRE=A * [ B + C + D + E + F ]
   Halogenated vent stream?       value  (MJ/     Vent stream flow rate --------------------------------------------------------------------------------------------------------------  Equation
                                    scm)\b\           (scm/min)\c\              A             B             C                   D                     E                    F             number
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Yes...........................  0<= H <=3.5      Q <14.2                 1/ETOC            30.96334  0                0                      -0.13064QH          0                             1
                                                 14.2<= Q <=18.8         1/ETOC            19.18370  0.27580Q         0.757620Q\0.88\        -0.13064QH          0.01025Q\0.5\                 2
                                                 18.8< Q <=699           1/ETOC            20.00563  0.27580Q         0.303870Q\0.88\        -0.13064QH          0.01025Q\0.5\                 3
                                                 699< Q <=1400           1/ETOC            39.87022  0.29973Q         0.303870Q\0.88\        -0.13064QH          0.01449Q\0.5\                 4
                                                 1400< Q <=2100          1/ETOC            59.73481  0.31467Q         0.303870Q\0.88\        -0.13064QH          0.01775Q\0.5\                 5
                                                 2100< Q <=2800          1/ETOC            79.59941  0.32572Q         0.303870Q\0.88\        -0.13064QH          0.02049Q\0.5\                 6
                                                 2800< Q <=3500          1/ETOC            99.46400  0.33456Q         0.303870Q\0.88\        -0.13064QH          0.02291Q\0.5\                 7
                                H 3.5
                                                 14.2<= Q <=18.8         1/ETOC            18.84466  0.26742Q         -0.200440Q\0.88\       0                   0.01025Q\0.5\                 9
                                                 18.8< Q <=699           1/ETOC            19.66658  0.26742Q         -0.253320Q\0.88\       0                   0.01025Q\0.5\                10
                                                 699< Q <=1400           1/ETOC            39.19213  0.29062Q         -0.253320Q\0.88\       0                   0.01449Q\0.5\                11
                                                 1400< Q <=2100          1/ETOC            58.71768  0.30511Q         -0.253320Q\0.88\       0                   0.01775Q\0.5\                12
                                                 2100< Q <=2800          1/ETOC            78.24323  0.31582Q         -0.253320Q\0.88\       0                   0.02049Q\0.5\                13
                                                 2800< Q <=3500          1/ETOC            97.76879  0.32439Q         -0.253320Q\0.88\       0                   0.02291Q\0.5\                14
No............................  0<= H <=0.48     Q <14.2                 1/ETOC            11.01250  0                0                      -0.17109QH          0                            15
                                                 14.2<= Q <=1340         1/ETOC             8.54245  0.10555Q         0.090300Q\0.88\        -0.17109QH          0.01025Q\0.5\                16
                                                 1340< Q <=2690          1/ETOC            16.94386  0.11470Q         0.090300Q\0.88\        -0.17109QH          0.01449Q\0.5\                17
                                                 2690< Q <=4040          1/ETOC            25.34528  0.12042Q         0.090300Q\0.88\        -0.17109QH          0.01775Q\0.5\                18
                                0.48< H <=1.9    Q <14.2                 1/ETOC            13.45630  0                0                      -0.16181QH          0                            19
                                                 14.2<= Q <=1340         1/ETOC             9.25233  0.06105Q         0.319370Q\0.88\        -0.16181QH1         0.01025Q\0.5\                20
                                                 1340< Q <=2690          1/ETOC            18.36363  0.06635Q         0.319370Q\0.88\        -0.16181QH          0.01449Q\0.5\                21
                                                 2690< Q <=4040          1/ETOC            27.47492  0.06965Q         0.319370Q\0.88\        -0.16181QH          0.01775Q\0.5\                22
                                1.9< H <=3.6     Q <14.2                 1/ETOC             7.96988  0                0                      0                   0                            23
                                                 14.2<= Q <=1180         1/ETOC             6.67868  0.06943Q         0.025820Q\0.88\        0                   0.01025Q\0.5\                24
                                                 1180< Q <=2370          1/ETOC            13.21633  0.07546Q         0.025820Q\0.88\        0                   0.01449Q\0.5\                25
                                                 2370< Q <=3550          1/ETOC            19.75398  0.07922Q         0.025820Q\0.88\        0                   0.01775Q\0.5\                26
                                H 3.6
                                                 Q =14.2 and  1/ETOC             6.67868  0                0.02220Q\0.88\H\0.88\  -0.00707QHx         0.00540Q\0.5\H\0.5\          28
                                                 14.2<= Q*(H/3.6)
                                                  <=1180
                                                 Q =14.2 and  1/ETOC            13.21633  0                0.02412Q\0.88\H\0.88\  -0.00707QH          0.00764Q\0.5\H\0.5\          29
                                                 1180< Q*(H/3.6) <=2370

[[Page 67]]

 
                                                 Q =14.2 and  1/ETOC            19.75398  0                0.02533Q\0.88\H\0.88\  -0.00707QH          0.00936Q\0.5\H\0.5\          30
                                                 2370< Q*(H/3.6) <=3550
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
No............................  0<= H <11.2      All                     1/ETOC                2.08  2.25Q            0.288Q\0.8\            -0.193QH            -0.0051ETOC                  31
                                H =11.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Use according to procedures outlined in Sec.  65.64(h).
\b\ MJ/scm = mega Joules per standard cubic meter.
\c\ scm/min = standard cubic meters per minute.

  Table 3 to Subpart D of Part 65--TRE Parameters for HON Referencing 
                              Subparts \a\

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Values of terms for TRE equation: TRE = A * [ B + C + D + E + F ]
                                 Halogenated   ---------------------------------------------------------------------------------------------------------
       Existing or new?          vent stream?                                                                                                   Equation
                                                      A            B            C             D              E                    F              number
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing.....................  Yes............  1/EHAP             3.995  0.05200Q                0  -0.001769H         0.0009700ETOC                 33
                               No.............  1/EHAP             1.935  0.3660Q                 0  -0.007687H         -0.000733ETOC                 34
                                                1/EHAP             1.492  0.06267Q                0  0.03177H           -0.001159ETOC                 35
                                                1/EHAP             2.519  0.01183Q                0  0.01300H           0.04790ETOC                   36
New..........................  Yes............  1/EHAP            1.0895  0.01417Q                0  -0.000482H         0.0002645ETOC                 37
                               No.............  1/EHAP            0.5276  0.0998Q                 0  -0.002096H         -0.0002000ETOC                38
                                                1/EHAP            0.4068  0.0171Q                 0  0.008664H          -0.000316ETOC                 39
                                                1/EHAP            0.6868  0.00321Q                0  0.003546H          0.01306ETOC                  40
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Use according to procedures outlined in Sec.  65.64(h).


[[Page 68]]



                        Subpart E_Transfer Racks



Sec. 65.80  Applicability.

    (a) The provisions of this subpart and of subpart A of this part 
apply to control of regulated material emissions from transfer racks 
where a referencing subpart references the use of this subpart for such 
emissions control.
    (b) If a physical or process change is made that causes a transfer 
rack to fall outside the criteria in the referencing subpart that 
required the transfer rack to control emission of regulated material, 
the owner or operator may elect to comply with the provisions for 
transfer racks not subject to control contained in the referencing 
subpart instead of the provisions of this subpart.



Sec. 65.81  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of this 
part for purposes of this subpart.



Sec. 65.82  Design requirements.

    (a) The owner or operator shall equip each transfer rack with either 
one of the following equipment:
    (1) A closed vent system which routes the regulated material vapors 
to a control device as provided in Sec. 65.83(a)(1) and (2).
    (2) Process piping which routes the regulated material vapors to a 
process or a fuel gas system as provided in Sec. 65.83(a)(4), or to a 
vapor balance system as provided in Sec. 65.83(a)(3).
    (b) Each closed vent system shall be designed to collect the 
regulated material displaced from tank trucks or railcars during loading 
and to route the collected regulated material to a control device as 
provided in Sec. 65.83(a)(1) and (2).
    (c) Process piping shall be designed to collect the regulated 
material displaced from tank trucks or railcars during loading and to 
route the collected regulated material vapors to a process or a fuel gas 
system as provided in Sec. 65.83(a)(4), or to a vapor balance system as 
provided in Sec. 65.83(a)(3).
    (d) Each closed vent system shall meet the applicable requirements 
of Sec. 65.143.
    (e) If the collected regulated material vapors are routed to a 
process or a fuel gas system as provided in Sec. 65.83(a)(4), then each 
owner or operator shall meet the applicable requirements of Sec. 
65.142(c).



Sec. 65.83  Performance requirements.

    (a) The owner or operator of the transfer rack shall comply with 
paragraph (a)(1), (2), (3), or (4) of this section.
    (1) 98 Percent or 20 parts per million by volume standard. Use a 
control device to reduce emissions of regulated material by 98 weight-
percent or to an exit concentration of 20 parts per million by volume, 
whichever is less stringent. For combustion devices, the emission 
reduction or concentration shall be calculated on a dry basis, corrected 
to 3 percent oxygen. The owner or operator shall meet the applicable 
requirements of Sec. 65.142(c). Compliance may be achieved by using any 
combination of control devices.
    (2) Flare. Reduce emissions of regulated material using a flare 
meeting the applicable requirements of Sec. 65.142(c).
    (3) Vapor balancing. Reduce emissions of regulated material using a 
vapor balancing system designed and operated to collect regulated 
material vapors displaced from tank trucks or railcars during loading; 
and to route the collected regulated material vapors to the storage 
vessel from which the liquid being loaded originated, or to another 
storage vessel connected to a common header, or to compress and route 
collected regulated material vapors to a process. Transfer racks for 
which the owner or operator is using a vapor balancing system are exempt 
from the closed vent system design requirements of Sec. 65.82(b) and 
(d), the halogenated vent stream control requirements of paragraph (b) 
of this section, the control device operation requirements of Sec. 
65.84(b), the monitoring requirements of Sec. 65.86, and the 
requirements of subpart G of this part.

[[Page 69]]

    (4) Route to a process or fuel gas system. Route emissions of 
regulated material to a process or fuel gas system. The owner or 
operator shall meet the applicable requirements of Sec. 65.142(c) and 
is exempt from the closed vent system design requirements of paragraphs 
Sec. 65.82(b) and (d), the halogenated vent stream control requirements 
of paragraph (b) of this section, the control device operation 
requirements of Sec. 65.84(b), and the monitoring requirements of Sec. 
65.86. If the emissions are routed to a process, the regulated material 
in the emissions shall predominantly meet one of, or a combination of, 
the ends specified in the following:
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
regulated materials;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (b) Additional control requirements for halogenated vent streams. 
Halogenated vent streams from transfer racks that are combusted shall be 
controlled according to paragraph (b)(1) or (2) of this section. The 
owner or operator shall either designate the transfer rack vent stream 
as a halogenated vent stream or shall determine whether the vent stream 
is halogenated using the procedures specified in Sec. 65.85(c). If 
determined, the halogen concentration in the vent stream shall be 
recorded and reported in the Initial Compliance Status Report as 
specified in Sec. 65.160(d). If the owner or operator designates the 
vent stream as a halogenated vent stream, then this shall also be 
recorded and reported in the Initial Compliance Status Report.
    (1) Halogen reduction device following combustion. If a combustion 
device is used to comply with paragraph (a)(1) of this section for a 
halogenated vent stream, then the vent stream exiting the combustion 
device shall be ducted to a halogen reduction device including, but not 
limited to, a scrubber before it is discharged to the atmosphere, and 
the halogen reduction device shall meet the requirements of paragraph 
(b)(1)(i) or (ii) of this section, as applicable. The halogenated vent 
stream shall not be combusted using a flare.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
halogen reduction device shall reduce overall emissions of hydrogen 
halides and halogens by 99 percent or shall reduce the outlet mass 
emission rate of total hydrogen halides and halogens to 0.45 kilogram 
per hour (0.99 pound per hour) or less, whichever is less stringent. The 
owner or operator shall meet the applicable requirements of Sec. 
65.142(c).
    (ii) If a scrubber or other halogen reduction device was installed 
prior to December 31, 1992, the halogen reduction device shall reduce 
overall emissions of hydrogen halides and halogens by 95 percent or 
shall reduce the outlet mass of total hydrogen halides and halogens to 
less than 0.45 kilogram per hour (0.99 pound per hour), whichever is 
less stringent. The owner or operator shall meet the applicable 
requirements of Sec. 65.142(c).
    (2) Halogen reduction device prior to combustion. A halogen 
reduction device, such as a scrubber, or other technique may be used to 
make the vent stream nonhalogenated by reducing the vent stream halogen 
atom mass emission rate to less than 0.45 kilogram per hour (0.99 pound 
per hour) prior to any combustion control device used to comply with the 
requirements of paragraph (a)(1) or (2) of this section. The mass 
emission rate of halogen atoms contained in organic compounds prior to 
the combustor shall be determined according to the procedures in Sec. 
65.85(c). The owner or operator shall maintain the record specified in 
Sec. 65.160(d) and submit the report specified in Sec. 65.165(d).



Sec. 65.84  Operating requirements.

    (a) Closed vent systems or process piping. An owner or operator of a 
transfer rack shall operate it in such a manner that emissions are 
routed through the equipment specified in either paragraph (a)(1) or (2) 
of this section.
    (1) A closed vent system which routes the regulated material vapors 
to a control device as provided in Sec. 65.83(a)(1) and (2).
    (2) Process piping which routes the regulated material vapors to a 
process or a fuel gas system as provided in

[[Page 70]]

Sec. 65.83(a)(4) or to a vapor balance system as provided in Sec. 
65.83(a)(3).
    (b) Control device operation. Whenever regulated material emissions 
are vented to a control device used to comply with the provisions of 
this subpart, such control device shall be operating.
    (c) Tank trucks and railcars. The owner or operator shall load 
regulated material only into tank trucks and railcars that meet one of 
the following two requirements and shall maintain the records specified 
in Sec. 65.87:
    (1) Have a current certification in accordance with the U.S. 
Department of Transportation (DOT) pressure test requirements of 49 CFR 
part 180 for tank trucks and 49 CFR 173.31 for railcars; or
    (2) Have been demonstrated to be vapor-tight within the preceding 12 
months as determined by the procedures in Sec. 65.85(a). Vapor-tight 
means that the pressure in a truck or railcar tank will not drop more 
than 750 pascals (0.11 pound per square inch) within 5 minutes after it 
is pressurized to a minimum of 4,500 pascals (0.65 pound per square 
inch).
    (d) Pressure relief device. The owner or operator of a transfer rack 
subject to the provisions of this subpart shall ensure that no pressure 
relief device in the loading equipment of each tank truck or railcar 
shall begin to open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to paragraph (d) of 
this section.
    (e) Compatible system. The owner or operator of a transfer rack 
subject to the provisions of this subpart shall load regulated material 
only to tank trucks or railcars equipped with a vapor collection system 
that is compatible with the transfer rack's closed vent system or 
process piping.
    (f) Loading while systems connected. The owner or operator of a 
transfer rack subject to this subpart shall load regulated material only 
to tank trucks or railcars whose collection systems are connected to the 
transfer rack's closed vent systems or process piping.



Sec. 65.85  Procedures.

    (a) Vapor tightness. For the purposes of demonstrating vapor 
tightness to determine compliance with Sec. 65.84(c)(2), the following 
procedures and equipment shall be used:
    (1) The pressure test procedures specified in Method 27 of appendix 
A of 40 CFR part 60; and
    (2) A pressure measurement device that has a precision of 2.5 millimeters of mercury (0.10 inch) or better and 
that is capable of measuring above the pressure at which the tank truck 
or railcar is to be tested for vapor tightness.
    (b) Engineering assessment. Engineering assessment to determine if a 
vent stream is halogenated or flow rate of a gas stream includes, but is 
not limited to, the following examples:
    (1) Previous test results, provided the tests are representative of 
current operating practices at the process unit.
    (2) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (3) Maximum flow rate or halogen emission rate specified or implied 
within a permit limit applicable to the process vent.
    (4) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties.
    (5) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (c) Halogenated vent stream determination. In order to determine 
whether a vent stream is halogenated, the mass emission rate of halogen 
atoms contained in organic compounds shall be calculated as specified in 
paragraphs (c)(1) and (2) of this section.
    (1) The vent stream concentration of each organic compound 
containing halogen atoms (parts per million by volume by compound) shall 
be determined based on any of the following procedures:
    (i) Process knowledge that no halogen or hydrogen halides are 
present in the vent stream; or
    (ii) Applicable engineering assessment as specified in paragraph (b) 
of this section; or
    (iii) Concentration of organic compounds containing halogens 
measured by Method 18 of appendix A of 40 CFR part 60; or

[[Page 71]]

    (iv) Any other method or data that have been validated according to 
the applicable procedures in Method 301 of appendix A of 40 CFR part 63.
    (2) Equation 85-1 of this section shall be used to calculate the 
mass emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR14DE00.004

Where:

E = Mass of halogen atoms, dry basis, kilograms per hour.
K2 = Constant, 2.494 x 10-6 (parts per 
million)-1 (kilogram-mole per standard cubic meter) (minute/
hour), where standard temperature is 20 [deg]C.
Vs = Flow rate of gas stream, dry standard cubic meters per 
minute, determined according to Method 2, 2A, 2C, or 2D of appendix A of 
40 CFR part 60, as appropriate, or determined using engineering 
assessment as specified in paragraph (b) of this section.
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas stream.
i = Halogen atom i in compound j of the gas stream.
Cj = Concentration of halogenated compound j in the gas 
stream, dry basis, parts per million by volume.
Lji = Number of atoms of halogen i in compound j of the gas 
stream.
Mji = Molecular weight of halogen atom i in compound j of the 
gas stream, kilogram per kilogram-mole.



Sec. 65.86  Monitoring.

    The owner or operator of a transfer rack equipped with a closed vent 
system and control device pursuant to Sec. 65.83(a)(1) or (2) shall 
monitor the closed vent system and control device as required under the 
applicable paragraphs specified in Sec. 65.142(c).



Sec. 65.87  Recordkeeping provisions.

    The owner or operator of a transfer rack shall record that either 
the verification of U.S. Department of Transportation (DOT) tank 
certification or Method 27 of appendix A of 40 CFR part 60 testing 
required in Sec. 65.84(c) 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.



Sec. Sec. 65.88-65.99  [Reserved]



                        Subpart F_Equipment Leaks



Sec. 65.100  Applicability.

    (a) Equipment subject to this subpart. The provisions of this 
subpart and subpart A of this part apply to equipment that contains or 
contacts regulated material. Compliance with this subpart instead of the 
referencing subpart does not alter the applicability of the referencing 
subpart. This subpart applies only to the equipment to which the 
referencing subpart applies. This part does not extend applicability to 
equipment that is not regulated by the referencing subpart.
    (b) Equipment in vacuum service. Equipment in vacuum service is 
excluded from the requirements of this subpart.
    (c) Equipment in service less than 300 hours per calendar year. 
Equipment intended to be in regulated material service less than 300 
hours per calendar year is excluded from the requirements of Sec. Sec. 
65.106 through 65.115 and Sec. 65.117 if it is identified as required 
in Sec. 65.103(b)(6).
    (d) Lines and equipment not containing process fluids. Lines and 
equipment not containing process fluids are not subject to the 
provisions of this subpart. Utilities and other nonprocess lines, such 
as heating and cooling systems that do not combine their materials with 
those in the processes they serve, are not considered to be part of a 
process unit.

[[Page 72]]



Sec. 65.101  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of this 
part for purposes of this subpart.



Sec. 65.102  Alternative means of emission limitation.

    (a) Performance standard exemption. The provisions of paragraph (b) 
of this section do not apply to the performance standards of Sec. 
65.111(b) for pressure relief devices or Sec. 65.112(f) for compressors 
operating under the alternative compressor standard.
    (b) Requests by owners or operators. An owner or operator may 
request a determination of alternative means of emission limitation to 
the requirements of Sec. Sec. 65.106 through 65.115 as provided in 
paragraph (d) of this section. If the Administrator makes a 
determination that a means of emission limitation is a permissible 
alternative, the owner or operator shall either comply with the 
alternative or comply with the requirements of Sec. Sec. 65.106 through 
65.115.
    (c) Requests by manufacturers of equipment. (1) Manufacturers of 
equipment used to control equipment leaks of a regulated material may 
apply to the Administrator for approval of an alternative means of 
emission limitation that achieves a reduction in emissions of the 
regulated material equivalent to the reduction achieved by the 
equipment, design, and operational requirements of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraph (d) of this section.
    (d) Permission to use an alternative means of emission limitation. 
Permission to use an alternative means of emission limitation shall be 
governed by the procedures in paragraph (d)(1) through (4) of this 
section.
    (1) Where the standard is an equipment, design, or operational 
requirement, the following requirements apply:
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying emission performance test data for an 
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (iii) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve at 
least the same emission reduction as the equipment, design, and 
operational requirements of this subpart.
    (2) Where the standard is a work practice, the following 
requirements apply:
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying test data for the alternative.
    (ii) The owner or operator shall demonstrate the emission reduction 
achieved by the required work practice and the proposed alternative 
means of emission limitation.
    (iii) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the required work practices and will 
consider the commitment in paragraph (d)(2)(iv) of this section.
    (iv) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same or greater emission reduction as the required work practices of 
this subpart.
    (3) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (4) If in the judgment of the Administrator an alternative means of 
emission limitation will be approved, the Administrator will publish a 
notice of the determination in the Federal Register using the procedures 
pursuant to Sec. 65.8(a).



Sec. 65.103  Equipment identification.

    (a) General equipment identification. Equipment subject to this 
subpart

[[Page 73]]

shall be identified. Identification of the equipment does not require 
physical tagging of the equipment. For example, the equipment may be 
identified on a plant site plan, in log entries, by designation of 
process unit boundaries, by some form of weatherproof identification, or 
by other appropriate methods.
    (b) Additional equipment identification. In addition to the general 
identification required by paragraph (a) of this section, equipment 
subject to any of the provisions in Sec. Sec. 65.106 through 65.115 
shall be specifically identified as required in paragraphs (b)(1) 
through (6) of this section, as applicable. Paragraph (b) of this 
section does not apply to an owner or operator of a batch product-
process who elects to pressure test the batch product-process equipment 
train pursuant to Sec. 65.117.
    (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined 
connectors meeting the provisions of Sec. 65.108(e)(2), and 
instrumentation systems identified pursuant to paragraph (b)(5) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors subject to Sec. 65.108(e)(3) shall be distinguished 
from other connectors. Connectors need not be individually identified if 
all connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated. With respect to connectors, the 
identification shall be complete no later than the completion of the 
initial survey required by Sec. 65.108(a).
    (2) [Reserved]
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system and control device. Identify the equipment that the owner or 
operator elects to route to a process or fuel gas system or equip with a 
closed vent system and control device under the provisions of Sec. 
65.107(e)(3) (pumps in light liquid service), Sec. 65.109(e)(3) 
(agitators), Sec. 65.111(d) (pressure relief devices in gas/vapor 
service), Sec. 65.112(e) (compressors), or Sec. 65.118 (alternative 
means of emission limitation for enclosed-vented process units).
    (4) Pressure relief devices. Identify the pressure relief devices 
equipped with rupture disks under the provisions of Sec. 65.111(e).
    (5) Instrumentation systems. Identify instrumentation systems 
subject to the provisions of this subpart. Individual components in an 
instrumentation system need not be identified.
    (6) Equipment in service less than 300 hours per calendar year. 
Identify either by list, location (area or group), or other method, 
equipment in regulated material service less than 300 hours per calendar 
year within a process unit subject to the provisions of this subpart.
    (c) Special equipment designations: Equipment that is unsafe or 
difficult-to-monitor--(1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 65.106(e)(1), pumps 
meeting the provisions of Sec. 65.107(e)(6), connectors meeting the 
provisions of Sec. 65.108(e)(1), and agitators meeting the provisions 
of Sec. 65.109(e)(7) may be designated unsafe-to-monitor if the owner 
or operator determines that monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with the monitoring 
requirements of this subpart.
    (2) Designation and criteria for difficult-to-monitor. Valves 
meeting the provisions of Sec. 65.106(e)(2) may be designated 
difficult-to-monitor if the provisions of paragraph (c)(2)(i) of this 
section apply. Agitators meeting the provisions of Sec. 65.109(e)(5) 
may be designated difficult-to-monitor if the provisions of paragraph 
(c)(2)(ii) of this section apply.
    (i) Valves. The owner or operator of the valve:
    (A) Determines that the valve cannot be monitored without elevating 
the monitoring personnel more than 2 meters (7 feet) above a support 
surface, or it is not accessible in a safe manner when it is in 
regulated material service, and the process unit within which the valve 
is located is a regulated source for which the owner or operator 
commenced construction, reconstruction, or modification prior to the 
compliance date of the referencing subpart; or
    (B) Designates less than 3 percent of the total number of valves 
within the process unit as difficult-to-monitor.
    (ii) Agitators. The owner or operator determines that the agitator 
cannot be

[[Page 74]]

monitored without elevating the monitoring personnel more than 2 meters 
(7 feet) above a support surface, or it is not accessible in a safe 
manner when it is in regulated material service.
    (3) Identification of unsafe or difficult-to-monitor equipment. The 
owner or operator shall record the identity of equipment designated as 
unsafe-to-monitor according to the provisions of paragraph (c)(1) of 
this section and the planned schedule for monitoring this equipment. The 
owner or operator shall record the identity of equipment designated as 
difficult-to-monitor according to the provisions of paragraph (c)(2) of 
this section, the planned schedule for monitoring this equipment, and an 
explanation why the equipment is difficult-to-monitor.
    (4) Written plan requirements. (i) The owner or operator of 
equipment designated as unsafe-to-monitor according to the provisions of 
paragraph (c)(1) of this section shall have a written plan that requires 
monitoring of the equipment as frequently as practical during safe-to-
monitor times, but not more frequently than the periodic monitoring 
schedule otherwise applicable, and repair of the equipment according to 
the procedures in Sec. 65.105 if a leak is detected.
    (ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section 
shall have a written plan that requires monitoring of the equipment at 
least once per calendar year and repair of the equipment according to 
the procedures in Sec. 65.105 if a leak is detected.
    (d) Special equipment designations: Equipment that is unsafe to 
repair.--(1) Designation and criteria. Connectors subject to the 
provisions of Sec. 65.105(e) may be designated unsafe to repair if the 
owner or operator determines that repair personnel would be exposed to 
an immediate danger as a consequence of complying with the repair 
requirements of this subpart, and if the connector will be repaired 
before the end of the next process unit shutdown as specified in Sec. 
63.105(e).
    (2) Identification of equipment. The identity of connectors 
designated as unsafe to repair and an explanation why the connector is 
unsafe to repair shall be recorded.
    (e) Special equipment designations: Compressors operating with an 
instrument reading of less than 500 parts per million. Identify the 
compressors that the owner or operator elects to designate as operating 
with an instrument reading of less than 500 parts per million under the 
provisions of Sec. 65.112(f).
    (f) Special equipment designations: Equipment in heavy liquid 
service. The owner or operator of equipment in heavy liquid service 
shall comply with the requirements of either paragraph (f)(1) or (2) of 
this section as provided in paragraph (f)(3) of this section.
    (1) Retain information, data, and analyses used to determine that a 
piece of equipment is in heavy liquid service.
    (2) When requested by the Administrator, demonstrate that the piece 
of equipment or process is in heavy liquid service.
    (3) A determination or demonstration that a piece of equipment or 
process is in heavy liquid service shall include an analysis or 
demonstration that the process fluids do not meet the definition of ``in 
light liquid service.'' Examples of information that could document this 
include, but are not limited to, records of chemicals purchased for the 
process, analyses of process stream composition, engineering 
calculations, or process knowledge.



Sec. 65.104  Instrument and sensory monitoring for leaks.

    (a) Monitoring for leaks. The owner or operator of a regulated 
source subject to this subpart shall monitor regulated equipment as 
specified in paragraph (a)(1) of this section for instrument monitoring 
and paragraph (a)(2) of this section for sensory monitoring.
    (1) Instrument monitoring for leaks. (i) Valves in gas/vapor service 
and in light liquid service shall be monitored pursuant to Sec. 
65.106(b).
    (ii) Pumps in light liquid service shall be monitored pursuant to 
Sec. 65.107(b).
    (iii) Connectors in gas/vapor service and in light liquid service 
shall be monitored pursuant to Sec. 65.108(b).
    (iv) Agitators in gas/vapor service and in light liquid service 
shall be monitored pursuant to Sec. 65.109(b).

[[Page 75]]

    (v) Pressure relief devices in gas/vapor service shall be monitored 
pursuant to Sec. 65.111(b) and (c).
    (vi) Compressors designated to operate with an instrument reading 
less than 500 parts per million as described in Sec. 65.103(e) shall be 
monitored pursuant to Sec. 65.112(f).
    (2) Sensory monitoring for leaks. (i) Pumps in light liquid service 
shall be observed pursuant to Sec. 65.107(b)(4) and (e)(1)(v).
    (ii) Agitators in gas/vapor service and in light liquid service 
shall be observed pursuant to Sec. 65.109(b)(3) or (e)(1)(v).
    (b) Instrument monitoring methods. Instrument monitoring as required 
under this subpart shall comply with the requirements specified in 
paragraphs (b)(1) through (6) of this section.
    (1) Monitoring method. Monitoring shall comply with Method 21 of 
appendix A of 40 CFR part 60, except as otherwise provided in this 
section.
    (2) Detection instrument performance criteria. (i) Except as 
provided for in paragraph (b)(2)(ii) of this section, the detection 
instrument shall meet the performance criteria of Method 21 of appendix 
A of 40 CFR part 60, except the instrument response factor criteria in 
section 3.1.2(a) of Method 21 shall be for the representative 
composition of the process fluid not each individual organic compound in 
the stream. For process streams that contain nitrogen, air, water, or 
other inerts that are not organic hazardous air pollutants or volatile 
organic compounds, the response factor shall be determined on an inert-
free basis. The response factor may be determined at any concentration 
for which monitoring for leaks will be conducted. Maintain the record 
specified by Sec. 65.119(b)(8).
    (ii) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (b)(2)(i) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid calculated on an 
inert-free basis as described in paragraph (b)(2)(i) of this section.
    (3) Detection instrument calibration procedure. The detection 
instrument shall be calibrated before use on each day of its use by the 
procedures specified in Method 21 of appendix A of 40 CFR part 60.
    (4) Detection instrument calibration gas. Calibration gases shall be 
zero air (less than 10 parts per million of hydrocarbon in air) and the 
gases specified in paragraph (b)(4)(i) of this section except as 
provided in paragraph (b)(4)(ii) of this section.
    (i) Mixtures of methane in air at a concentration no more than 2,000 
parts per million greater than the leak definition concentration of the 
equipment monitored. If the monitoring instrument's design allows for 
multiple calibration scales, then the lower scale shall be calibrated 
with a calibration gas that is no higher than 2,000 parts per million 
above the concentration specified as a leak, and the highest scale shall 
be calibrated with a calibration gas that is approximately equal to 
10,000 parts per million. If only one scale on an instrument will be 
used during monitoring, the owner or operator need not calibrate the 
scales that will not be used during that day's monitoring.
    (ii) A calibration gas other than methane in air may be used if the 
instrument does not respond to methane or if the instrument does not 
meet the performance criteria specified in paragraph (b)(2)(i) of this 
section. In such cases, the calibration gas may be a mixture of one or 
more of the compounds to be measured in air.
    (5) Monitoring performance. Monitoring shall be performed when the 
equipment is in regulated material service or is in use with any other 
detectable material.
    (6) Monitoring data. Monitoring data obtained prior to the regulated 
source becoming subject to the referencing subpart that do not meet the 
criteria specified in paragraphs (b)(1) through (5) of this section may 
still be used to qualify initially for less frequent monitoring under 
the provisions in Sec. 65.106(a)(2), (b)(3), or (b)(4) for valves or 
Sec. 65.108(b)(3) for connectors, provided the departures from the 
criteria or from the specified monitoring frequency of Sec. 
65.106(b)(3) or (4) are minor and do not significantly affect the 
quality of the data. Examples of minor departures are monitoring at a 
slightly different frequency (such as every 6

[[Page 76]]

weeks instead of monthly or quarterly), following the performance 
criteria of section 3.1.2(a) of Method 21 of appendix A of 40 CFR part 
60 instead of paragraph (b)(2) of this section, or monitoring using a 
different leak definition if the data would indicate the presence or 
absence of a leak at the concentration specified in this subpart. 
Failure to use a calibrated instrument is not considered a minor 
departure.
    (c) Instrument monitoring readings and background adjustments. The 
owner or operator may elect to adjust or not to adjust the instrument 
readings for background. If an owner or operator elects not to adjust 
instrument readings for background, the owner or operator shall monitor 
the equipment according to the procedures specified in paragraphs (b)(1) 
through (5) of this section. In such cases, all instrument readings 
shall be compared directly to the applicable leak definition for the 
monitored equipment to determine whether there is a leak or to determine 
compliance with Sec. 65.111(b) (pressure relief devices) or Sec. 
65.112(f) (alternative compressor standard). If an owner or operator 
elects to adjust instrument readings for background, the owner or 
operator shall monitor the equipment according to the following 
procedures:
    (1) The requirements of paragraphs (b)(1) through (5) of this 
section shall apply.
    (2) The background level shall be determined using the procedures in 
Method 21 of appendix A of 40 CFR part 60.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of appendix A of 40 CFR part 60.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
to the applicable leak definition for the monitored equipment to 
determine whether there is a leak or to determine compliance with Sec. 
65.111(b) (pressure relief devices) or Sec. 65.112(f) (alternative 
compressor standard).
    (d) Sensory monitoring methods. Sensory monitoring consists of 
visual, audible, olfactory, or any other detection method used to 
determine a potential leak to the atmosphere.
    (e) Leaking equipment identification and records. (1) When each leak 
is detected, a weatherproof and readily visible identification shall be 
attached to the leaking equipment.
    (2) When each leak is detected, the information specified in 
paragraphs (e)(2)(i) and (ii) of this section shall be recorded and kept 
pursuant to Sec. 65.4(a), except the information for valves complying 
with the 2-year monitoring period allowed under Sec. 65.106(b)(3)(v), 
and connectors complying with the 8-year monitoring period allowed under 
Sec. 65.108(b)(3)(iii) shall be kept 5 years beyond the date of the 
last use of the information to set a monitoring period.
    (i) The instrument, the equipment identification, and the instrument 
operator's name, initials, or identification number if a leak is 
detected or confirmed by instrument monitoring.
    (ii) The date the leak was detected.



Sec. 65.105  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected as soon as practical but not later than 15 calendar days 
after it is detected except as provided in paragraph (d) or (e) of this 
section. A first attempt at repair as defined in subpart A of this part 
shall be made no later than 5 calendar days after the leak is detected. 
First attempt at repair for pumps includes, but is not limited to, 
tightening the packing gland nuts and/or ensuring that the seal flush is 
operating at design pressure and temperature. First attempt at repair 
for valves includes, but is not limited to, tightening the bonnet bolts, 
and/or replacing the bonnet bolts, and/or tightening the packing gland 
nuts, and/or injecting lubricant into the lubricated packing.
    (b) [Reserved]
    (c) Leak identification removal--(1) Valves and connectors. The leak 
identification on a valve in gas/vapor or light liquid service may be 
removed after it has been monitored as specified in Sec. 65.106(d)(2) 
and no leak has been detected during that monitoring. The leak 
identification on a connector in gas/vapor or light liquid service may 
be removed after it has been monitored as specified in Sec. 
65.108(b)(3)(iv) and no leak

[[Page 77]]

has been detected during that monitoring.
    (2) Other equipment. The identification that has been placed 
pursuant to Sec. 65.104(e)(1) on equipment determined to have a leak, 
except for a valve or for a connector that is subject to the provisions 
of Sec. 65.108(b)(3)(iv), may be removed after it is repaired.
    (d) Delay of repair. Delay of repair is allowed for any of the 
conditions specified in paragraphs (d)(1) through (5) of this section. 
The owner or operator shall maintain a record of the facts that explain 
any delay of repairs and, where appropriate, why repair within 15 days 
was technically infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if repair within 15 days after a leak is detected is 
technically infeasible without a process unit shutdown. Repair of this 
equipment shall occur as soon as practical, but no later than the end of 
the next process unit shutdown, except as provided in paragraph (d)(5) 
of this section.
    (2) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that does 
not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the following provisions are met:
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair; and
    (ii) When repair procedures are effected, the purged material is 
collected and routed to a process or fuel gas system or is collected and 
destroyed or recovered in a control device complying with Sec. 65.115.
    (4) Delay of repair for pumps is also allowed if the provisions of 
paragraphs (d)(4)(i) and (ii) of this section are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined under the provisions of 
Sec. 65.116(d) will provide better performance or one of the following 
specifications are met:
    (A) A dual mechanical seal system that meets the requirements of 
Sec. 65.107(e)(1) will be installed;
    (B) A pump that meets the requirements of Sec. 65.107(e)(2) will be 
installed; or
    (C) A system that routes emissions to a process or a fuel gas system 
or a closed vent system and control device that meets the requirements 
of Sec. 65.107(e)(3) will be installed.
    (ii) Repair is completed as soon as practical but not later than 6 
months after the leak was detected.
    (5) Delay of repair beyond a process unit shutdown will be allowed 
for a valve if valve assembly replacement is necessary during the 
process unit shutdown, and valve assembly supplies have been depleted, 
and valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the second process unit 
shutdown will not be allowed unless the third process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.
    (e) Unsafe-to-repair: Connectors. Any connector that is designated 
as described in Sec. 65.103(d) as an unsafe-to-repair connector is 
exempt from the requirements of Sec. 65.108(d) and paragraph (a) of 
this section if the provisions of Sec. 65.103(d) are met.
    (f) Leak repair records. For each leak detected, the information 
specified in paragraphs (f)(1) through (5) of this section shall be 
recorded and kept pursuant to Sec. 65.4(a).
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of appendix A 
of 40 CFR part 60 at the time the leak is successfully repaired or 
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak as 
specified in the paragraphs (f)(4)(i) and (ii) of this section.
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup/shutdown/malfunction 
plan required by

[[Page 78]]

Sec. 65.6 for the source or may be part of a separate document that is 
maintained at the plant site. In such cases, reasons for delay of repair 
may be documented by citing the relevant sections of the written 
procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked onsite before depletion and the reason for depletion.
    (5) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.



Sec. 65.106  Standards: Valves in gas/vapor service and in light liquid 

service.

    (a) Compliance schedule. (1) The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (2) The use of monitoring data generated before the regulated source 
became subject to the referencing subpart to qualify initially for less 
frequent monitoring is governed by the provisions of Sec. 65.104(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or 
paragraph (e) of this section, the owner or operator shall monitor all 
valves at the intervals specified in paragraphs (b)(3) and/or (b)(4) of 
this section and shall comply with all other provisions of this section.
    (1) Monitoring method. The valves shall be monitored to detect leaks 
by the method specified in Sec. 65.104(b) and (c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 500 parts per million or greater.
    (3) Monitoring frequency. The owner or operator shall monitor valves 
for leaks at the intervals specified in paragraphs (b)(3)(i) through (v) 
of this section and shall keep the record specified in paragraph 
(b)(3)(vi) of this section.
    (i) If at least the greater of two valves or 2 percent of the valves 
in a process unit leak, as calculated according to paragraph (c) of this 
section, the owner or operator shall monitor each valve once per month.
    (ii) At process units with less than the greater of two leaking 
valves or 2 percent leaking valves, the owner or operator shall monitor 
each valve once each quarter except as provided in paragraphs 
(b)(3)(iii) through (v) of this section. Monitoring data generated 
before the regulated source became subject to the referencing subpart 
and meeting the criteria of either Sec. 65.104(b)(1) through (5) or 
Sec. 65.104(b)(6) may be used to qualify initially for less frequent 
monitoring under paragraphs (b)(3)(iii) through (v) of this section.
    (iii) At process units with less than 1 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 2 quarters.
    (iv) At process units with less than 0.5 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 4 quarters.
    (v) At process units with less than 0.25 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 2 years.
    (vi) The owner or operator shall keep a record of the monitoring 
schedule for each process unit.
    (4) Valve subgrouping. For a process unit or a group of process 
units to which this subpart applies, an owner or operator may choose to 
subdivide the valves in the applicable process unit or group of process 
units and apply the provisions of paragraph (b)(3) of this section to 
each subgroup. If the owner or operator elects to subdivide the valves 
in the applicable process unit or group of process units, then the 
provisions of paragraphs (b)(4)(i) through (viii) of this section apply.
    (i) The overall performance of total valves in the applicable 
process unit or group of process units to be subdivided shall be less 
than 2 percent leaking valves, as detected according to paragraphs 
(b)(1) and (2) of this section and as calculated according to paragraphs 
(c)(1)(ii) and (c)(2) of this section.
    (ii) The initial assignment or subsequent reassignment of valves to 
subgroups shall be governed by the following provisions:
    (A) The owner or operator shall determine which valves are assigned 
to each subgroup. Valves with less than 1 year of monitoring data or 
valves not monitored within the last 12 months must be placed initially 
into the most frequently monitored subgroup until at least 1 year of 
monitoring data have been obtained.

[[Page 79]]

    (B) Any valve or group of valves can be reassigned from a less 
frequently monitored subgroup to a more frequently monitored subgroup 
provided that the valves to be reassigned were monitored during the most 
recent monitoring period for the less frequently monitored subgroup. The 
monitoring results must be included with that less frequently monitored 
subgroup's associated percent leaking valves calculation for that 
monitoring event.
    (C) Any valve or group of valves can be reassigned from a more 
frequently monitored subgroup to a less frequently monitored subgroup 
provided that the valves to be reassigned have not leaked for the period 
of the less frequently monitored subgroup (for example, for the last 12 
months, if the valve or group of valves is to be reassigned to a 
subgroup being monitored annually). Nonrepairable valves may not be 
reassigned to a less frequently monitored subgroup.
    (iii) The owner or operator shall determine every 6 months if the 
overall performance of total valves in the applicable process unit or 
group of process units is less than 2 percent leaking valves and so 
indicate the performance in the next periodic report. If the overall 
performance of total valves in the applicable process unit or group of 
process units is 2 percent leaking valves or greater, the owner or 
operator shall no longer subgroup and shall revert to the program 
required in paragraphs (b)(1) through (3) of this section for that 
applicable process unit or group of process units. An owner or operator 
can again elect to comply with the valve subgrouping procedures of 
paragraph (b)(4) of this section if future overall performance of total 
valves in the process unit or group of process units is again less than 
2 percent. The overall performance of total valves in the applicable 
process unit or group of process units shall be calculated as a weighted 
average of the percent leaking valves of each subgroup according to 
Equation 106-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.005

Where:

%VLO = Overall performance of total valves in the applicable 
process unit or group of process units.
%VLi = Percent leaking valves in subgroup i, most recent 
value calculated according to the procedures in paragraphs (c)(1)(ii) 
and (c)(2) of this section.
Vi = Number of valves in subgroup i.
n = Number of subgroups.

    (iv) The owner or operator shall maintain the following records:
    (A) Which valves are assigned to each subgroup;
    (B) Monitoring results and calculations made for each subgroup for 
each monitoring period;
    (C) Which valves are reassigned, the last monitoring result prior to 
reassignment, and when they were reassigned; and
    (D) The results of the semiannual overall performance calculation 
required in paragraph (b)(4)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of the 
decision to begin or end subgrouping valves. The notification shall 
identify the participating process units and the number of valves 
assigned to each subgroup, if applicable. The notification may be 
included in a periodic report if the periodic report is submitted no 
later than 30 days prior to the beginning of the next monitoring period.
    (vi) The owner or operator shall submit in the periodic reports the 
following information:
    (A) Total number of valves in each subgroup; and
    (B) Results of the semiannual overall performance calculation 
required by paragraph (b)(4)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (c)(2) of this section shall be 
used.

[[Page 80]]

    (viii) Except for the overall performance calculations required by 
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be 
treated as if it were a separate process unit for the purposes of 
applying the provisions of this section.
    (c) Percent leaking valves calculation--(1) Calculation basis and 
procedures. (i) The owner or operator shall decide no later than the 
implementation date of this part or upon revision of an operating permit 
whether to calculate percent leaking valves on a process unit or group 
of process units basis. Once the owner or operator has decided, all 
subsequent percentage calculations shall be made on the same basis, and 
this shall be the basis used for comparison with the subgrouping 
criteria specified in paragraph (b)(4)(i) of this section.
    (ii) The percent leaking valves for each monitoring period for each 
process unit or valve subgroup, as provided in paragraph (b)(4) of this 
section, shall be calculated using Equation 106-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.020

Where:

%VL = Percent leaking valves.
VL = Number of valves found leaking, including those valves 
found leaking pursuant to paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) 
of this section and excluding nonrepairable valves as provided in 
paragraph (c)(3) of this section.
VT = The sum of the total number of valves monitored.

    (2) Calculation for monitoring frequency. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
monthly, quarterly, or semiannual monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last two monitoring periods. When determining monitoring 
frequency for each process unit or valve subgroup subject to annual or 
biennial (once every 2 years) monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last three monitoring periods.
    (3) Nonrepairable valves. (i) Nonrepairable valves shall be included 
in the calculation of percent leaking valves the first time the valve is 
identified as leaking and nonrepairable and as required to comply with 
paragraph (c)(3)(ii) of this section. Otherwise, a number of 
nonrepairable valves (identified and included in the percent leaking 
valves calculation in a previous period) up to a maximum of 1 percent of 
the total number of valves in regulated material service at a process 
unit may be excluded from calculation of percent leaking valves for 
subsequent monitoring periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the 
total number of valves in regulated material service at a process unit, 
the number of nonrepairable valves exceeding 1 percent of the total 
number of valves in regulated material service shall be included in the 
calculation of percent leaking valves.
    (d) Leak repair. (1) If a leak is determined pursuant to paragraph 
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired 
using the procedures in Sec. 65.105, as applicable.
    (2) After a leak determined under paragraph (b) or (e)(2) of this 
section has been repaired, the valve shall be monitored at least once 
within the first 3 months after its repair. The monitoring required by 
paragraph (d) of this section is in addition to the monitoring required 
to satisfy the definition of repair.
    (i) The monitoring shall be conducted as specified in Sec. 
65.104(b) and (c), as appropriate, to determine whether the valve has 
resumed leaking.
    (ii) Periodic monitoring required by paragraph (b) of this section 
may be used to satisfy the requirements of paragraph (d) of this section 
if the timing of the monitoring period coincides with the time specified 
in paragraph (d) of this section. Alternatively, other monitoring may be 
performed to satisfy the requirements of paragraph (d) of this section 
regardless of whether the timing of the monitoring period for periodic 
monitoring coincides with the time specified in paragraph (d) of this 
section.
    (iii) If a leak is detected by monitoring that is conducted under 
paragraph (d)(2) of this section, the owner

[[Page 81]]

or operator shall comply with the following provisions to determine 
whether that valve must be counted as a leaking valve for purposes of 
paragraph (c)(1)(ii) of this section:
    (A) If the owner or operator elected to use periodic monitoring 
required by paragraph (b) of this section to satisfy the requirements of 
paragraph (d)(2) of this section, then the valve shall be counted as a 
leaking valve.
    (B) If the owner or operator elected to use other monitoring, prior 
to the periodic monitoring required by paragraph (b) of this section, to 
satisfy the requirements of paragraph (d)(2) of this section, then the 
valve shall be counted as a leaking valve unless it is repaired and 
shown by periodic monitoring not to be leaking.
    (e) Special provisions for valves--(1) Unsafe-to-monitor valves. Any 
valve that is designated as described in Sec. 65.103(c)(1) as an 
unsafe-to-monitor valve is exempt from the requirements of paragraph (b) 
and (d)(2) of this section, and the owner or operator shall monitor the 
valve according to the written plan specified in Sec. 65.103(c)(4).
    (2) Difficult-to-monitor valves. Any valve that is designated as 
described in Sec. 65.103(c)(2) as a difficult-to-monitor valve is 
exempt from the requirements of paragraph (b) of this section, and the 
owner or operator shall monitor the valve according to the written plan 
specified in Sec. 65.103(c)(4).
    (3) Less than 250 valves. Any equipment located at a plant site with 
fewer than 250 valves in regulated material service is exempt from the 
requirements for monthly monitoring specified in paragraph (b)(3)(i) of 
this section. Instead, the owner or operator shall monitor each valve in 
regulated material service for leaks once each quarter or comply with 
paragraph (b)(3)(iii), (iv), or (v) of this section except as provided 
in paragraphs (e)(1) and (2) of this section.



Sec. 65.107  Standards: Pumps in light liquid service.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or 
paragraph (e) of this section, the owner or operator shall monitor each 
pump to detect leaks and shall comply with all other provisions of this 
section.
    (1) Monitoring method. The pumps shall be monitored monthly to 
detect leaks by the method specified in Sec. 65.104(b) and (c).
    (2) Instrument reading that defines a leak. The following leak 
definitions determined through instrument readings apply:
    (i) 5,000 parts per million or greater for pumps handling 
polymerizing monomers;
    (ii) 2,000 parts per million or greater for pumps in food/medical 
service; and
    (iii) 1,000 parts per million or greater for all other pumps.
    (3) Leak repair exception. For pumps to which a 1,000 parts per 
million leak definition applies, repair is not required unless an 
instrument reading of 2,000 parts per million or greater is detected.
    (4) Visual inspection. Each pump shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal. The owner or operator shall document that the inspection 
was conducted and the date of the inspection. If there are indications 
of liquids dripping from the pump seal at the time of the weekly 
inspection, the owner or operator shall comply with either of the 
following procedures:
    (i) The owner or operator shall monitor the pump as specified in 
Sec. 65.104(b) and (c) unless the pump has already been monitored since 
the last routine monthly monitoring required by paragraph (b)(1) of this 
section. If monitoring is performed and the instrument reading indicates 
a leak as specified in paragraph (b)(2) of this section, a leak is 
detected and the leak shall be repaired using the procedures in Sec. 
65.105, except as specified in paragraph (b)(3) of this section; or
    (ii) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (c) Percent leaking pumps calculation. (1) The owner or operator 
shall decide no later than the implementation date of this part or upon 
revision of an operating permit whether to calculate percent leaking 
pumps on a process unit

[[Page 82]]

basis or group of process units basis. Once the owner or operator has 
decided, all subsequent percentage calculations shall be made on the 
same basis.
    (2) If, when calculated on a 6-month rolling average, at least the 
greater of either 10 percent of the pumps in a process unit or three 
pumps in a process unit leak, the owner or operator shall implement a 
quality improvement program for pumps that complies with the 
requirements of Sec. 65.116.
    (3) The number of pumps at a process unit shall be the sum of all 
the pumps in regulated material service, except that pumps found leaking 
in a continuous process unit within 1 month after startup of the pump 
shall not count in the percent leaking pumps calculation for that one 
monitoring period only.
    (4) Percent leaking pumps shall be determined by Equation 107-1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.021

Where:

%PL = Percent leaking pumps.
PL = Number of pumps found leaking as determined through 
monthly monitoring as required in paragraph (b)(1) of this section.
PS = Number of pumps leaking within 1 month of startup during 
the current monitoring period.
PT = Total pumps in regulated material service, including 
those meeting the criteria in paragraphs (e)(1), (e)(2), (e)(3), and 
(e)(6) of this section.

    (d) Leak repair. If a leak is detected pursuant to paragraph (b) of 
this section, then the leak shall be repaired using the procedures in 
Sec. 65.105, as applicable.
    (e) Special provisions for pumps.--(1) Dual mechanical seal pumps. 
Each pump equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) of 
this section, provided the requirements specified in paragraphs 
(e)(1)(i) through (viii) of this section are met.
    (i) The owner or operator determines, based on design considerations 
and operating experience, criteria applicable to the presence and 
frequency of drips and to the sensor that indicates failure of the seal 
system, the barrier fluid system, or both. The owner or operator shall 
keep records of the design criteria and an explanation of the design 
criteria, and any changes to these criteria and the reasons for the 
changes.
    (ii) Each dual mechanical seal system shall meet the following three 
requirements:
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except periods of start-up, shutdown, or malfunction) greater 
than the pump stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is routed 
to a process or fuel gas system or connected by a closed vent system to 
a control device that complies with the requirements of Sec. 65.115; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (iii) The barrier fluid is not in light liquid service.
    (iv) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (v) Each pump is checked by visual inspection each calendar week for 
indications of liquids dripping from the pump seal. The owner or 
operator shall document that the inspection was conducted and the date 
of the inspection. If there are indications of liquids dripping from the 
pump seal at the time of the weekly inspection, the owner or operator 
shall follow either one of the following procedures prior to the next 
required inspection:
    (A) The owner or operator shall monitor the pump as specified in 
Sec. 65.104(b) and (c) to determine if there is a leak of regulated 
material in the barrier fluid. If an instrument reading of 1,000 parts 
per million or greater is measured, a leak is detected and it shall be

[[Page 83]]

repaired using the procedures in Sec. 65.105; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (vi) If indications of liquids dripping from the pump seal exceed 
the criteria established in paragraph (e)(1)(i) of this section, or if 
based on the criteria established in paragraph (e)(1)(i) of this section 
the sensor indicates failure of the seal system, the barrier fluid 
system, or both, a leak is detected.
    (vii) Each sensor as described in paragraph (e)(1)(iv) of this 
section is observed daily or is equipped with an alarm unless the pump 
is located within the boundary of an unmanned plant site.
    (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of 
this section, it shall be repaired as specified in Sec. 65.105.
    (2) No external shaft. Any pump that is designed with no externally 
actuated shaft penetrating the pump housing is exempt from the 
requirements of paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any pump that is routed to a process or fuel gas system or 
equipped with a closed vent system that captures and transports leakage 
from the pump to a control device meeting the requirements of Sec. 
65.115 is exempt from the requirements of paragraph (b) of this section.
    (4) Unmanned plant site. Any pump that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this 
section and the daily requirements of paragraph (e)(1)(vii) of this 
section provided that each pump is visually inspected as often as 
practical and at least monthly.
    (5) Ninety percent exemption. If more than 90 percent of the pumps 
at a process unit meet the criteria in either paragraph (e)(1) or (2) of 
this section, the process unit is exempt from the percent leaking 
calculation in paragraph (c) of this section.
    (6) Unsafe-to-monitor pumps. Any pump that is designated as 
described in Sec. 65.103(c)(1) as an unsafe-to-monitor pump is exempt 
from the requirements of paragraph (b) of this section, the monitoring 
and inspection requirements of paragraphs (e)(1)(v) through (viii) of 
this section, and the owner or operator shall monitor and repair the 
pump according to the written plan specified in Sec. 65.103(c)(4).



Sec. 65.108  Standards: Connectors in gas/vapor service and in light liquid 

service.

    (a) Compliance schedule. Except as allowed in Sec. 65.102(b) or as 
specified in paragraph (e) of this section, the owner or operator shall 
monitor all connectors in each process unit initially for leaks by 
either 12 months after the implementation date as specified in Sec. 
65.1(f) or 12 months after initial startup, whichever is later. If all 
connectors in each process unit have been monitored for leaks prior to 
the implementation date specified in Sec. 65.1(f), no initial 
monitoring is required provided either no process changes have been made 
since the monitoring or the owner or operator can determine that the 
results of the monitoring, with or without adjustments, reliably 
demonstrate compliance despite process changes. If required to monitor 
because of a process change, the owner or operator is required to 
monitor only those connectors involved in the process change.
    (b) Leak detection. Except as allowed in Sec. 65.102(b) or as 
specified in paragraph (e) of this section, the owner or operator shall 
monitor all connectors in gas/vapor and light liquid service as 
specified in paragraphs (a) and (b)(3) of this section.
    (1) Monitoring method. The connectors shall be monitored to detect 
leaks by the method specified in Sec. 65.104(b) and (c).
    (2) Instrument reading that defines a leak. If an instrument reading 
greater than or equal to 500 parts per million is measured, a leak is 
detected.
    (3) Monitoring periods. The owner or operator shall perform 
monitoring, subsequent to the initial monitoring required in paragraph 
(a) of this section, as specified in paragraphs (b)(3)(i) through (iii) 
of this section, and shall comply with the requirements of paragraphs 
(b)(3)(iv) and (v) of this section.

[[Page 84]]

The required period in which monitoring must be conducted shall be 
determined from paragraphs (b)(3)(i) through (iii) of this section using 
the monitoring results from the preceding monitoring period. The percent 
leaking connectors shall be calculated as specified in paragraph (c) of 
this subpart.
    (i) If the percent leaking connectors in the process unit was 
greater than or equal to 0.5 percent, then monitor within 12 months (1 
year).
    (ii) If the percent leaking connectors in the process unit was 
greater than or equal to 0.25 percent but less than 0.5 percent, then 
monitor within 4 years. An owner or operator may comply with the 
requirements of paragraph (b)(3)(ii) of this section by monitoring at 
least 40 percent of the connectors within 2 years of the start of the 
monitoring period, provided all connectors have been monitored by the 
end of the 4-year monitoring period.
    (iii) If the percent leaking connectors in the process unit was less 
than 0.25 percent, then monitor as provided in paragraph (b)(3)(iii)(A) 
of this section and either paragraph (b)(3)(iii)(B) or (C) of this 
section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the 
connectors within 4 years of the start of the monitoring period.
    (B) If the percent leaking connectors calculated from the monitoring 
results in paragraph (b)(3)(iii)(A) of this section is greater than or 
equal to 0.35 percent of the monitored connectors, the owner or operator 
shall monitor as soon as practical, but within the next 6 months, all 
connectors that have not yet been monitored during the monitoring 
period. At the conclusion of monitoring, a new monitoring period shall 
be started pursuant to paragraph (b)(3) of this section, based on the 
percent leaking connectors of the total monitored connectors.
    (C) If the percent leaking connectors calculated from the monitoring 
results in paragraph (b)(3)(iii)(A) of this section is less than 0.35 
percent of the monitored connectors, the owner or operator shall monitor 
all connectors that have not yet been monitored within 8 years of the 
start of the monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraphs 
(b)(3)(i) through (iii) of this section, a connector is found to be 
leaking, it shall be re-monitored once within 90 days after repair to 
confirm that it is not leaking.
    (v) The owner or operator shall keep a record of the start date and 
end date of each monitoring period under this section for each process 
unit.
    (c) Percent leaking connectors calculation. For use in determining 
the monitoring frequency as specified in paragraphs (a) and (b)(3) of 
this section, the percent leaking connectors as used in paragraphs (a) 
and (b)(3) of this section shall be calculated by using Equation 108-1 
of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.006

Where:

%CL = Percent leaking connectors as determined through 
periodic monitoring required in paragraphs (a) and (b)(3)(i) through 
(b)(3)(iii) of this section.
CL = Number of connectors measured at 500 parts per million 
or greater by the method specified in Sec. 65.104(b).
Ct = Total number of monitored connectors in the process 
unit.

    (d) Leak repair. If a leak is detected pursuant to paragraphs (a) 
and (b) of this section, then the leak shall be repaired using the 
procedures in Sec. 65.105, as applicable.
    (e) Special provisions for connectors--(1) Unsafe-to-monitor 
connectors. Any connector that is designated, as described in Sec. 
65.103(c)(1), as an unsafe-to-monitor connector is exempt from the 
requirements of paragraphs (a) and (b) of this section and the owner or 
operator shall monitor according to the written plan specified in Sec. 
65.103(c)(4).
    (2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any 
connector that is inaccessible or that is ceramic or ceramic-lined (for 
example, porcelain, glass, or glass-lined), is exempt from the 
monitoring requirements of paragraphs (a) and (b) of this section and 
from the recordkeeping and reporting requirements of Sec. Sec. 65.119 
and 65.120. An inaccessible connector is one that meets any of the 
following provisions, as applicable:
    (A) Buried;

[[Page 85]]

    (B) Insulated in a manner that prevents access to the connector by a 
monitor probe;
    (C) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters (25 
feet) above the ground;
    (E) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold;
    (F) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines or would risk damage to equipment.
    (ii) If any inaccessible, ceramic, or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the visual, audible, olfactory, or other indications of a leak to the 
atmosphere shall be eliminated as soon as practical.
    (3) Connectors referenced from 40 CFR part 60, subpart VV or 40 CFR 
part 61, subpart V. For sources referenced to this part from 40 CFR part 
61, subpart VV, or from 40 CFR part 61, subpart V, connectors are exempt 
from the requirements of paragraphs (a) through (d) of this section and 
the owner or operator shall comply with the following paragraphs:
    (i) Connectors shall be monitored within 5 days by the method 
specified in Sec. 65.104(b) and (c) if evidence of a potential leak is 
found by visual, audible, olfactory, or any other detection method.
    (ii) If an instrument reading of 500 parts per million or greater is 
measured, a leak is detected.
    (iii) When a leak is detected, it shall be repaired using the 
procedures in Sec. 65.105, as applicable.



Sec. 65.109  Standards: Agitators in gas/vapor service and in light liquid 

service.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (b) Leak detection--(1) Monitoring method. Each agitator seal shall 
be monitored monthly to detect leaks by the methods specified in Sec. 
65.104(b) and (c), except as provided in Sec. 65.102(b) or paragraph 
(e) of this section.
    (2) Instrument reading that defines a leak. If an instrument reading 
of 10,000 parts per million or greater is measured, a leak is detected.
    (3) Visual inspection. Each agitator seal shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the agitator seal. The owner or operator shall document that the 
inspection was conducted and the date of the inspection. If there are 
indications of liquids dripping from the agitator seal, the owner or 
operator shall comply with either of the following procedures prior to 
the next required inspection:
    (i) The owner or operator shall monitor the agitator seal as 
specified in Sec. 65.104(b) and (c) to determine if there is a leak of 
regulated material. If an instrument reading of 10,000 parts per million 
or greater is measured, a leak is detected, and it shall be repaired 
according to paragraph (d) of this section.
    (ii) The owner or operator shall eliminate the indications of 
liquids dripping from the agitator seal.
    (c) [Reserved]
    (d) Leak repair. If a leak is detected, then the leak shall be 
repaired using the procedures in Sec. 65.105(a).
    (e) Special provisions for agitators--(1) Dual mechanical seal. Each 
agitator equipped with a dual mechanical seal system that includes a 
barrier fluid system is exempt from the requirements of paragraph (b) of 
this section provided the requirements specified in paragraphs (e)(1)(i) 
through (vi) of this section are met.
    (i) Each dual mechanical seal system shall meet any one of the 
following requirements:
    (A) Operated with the barrier fluid at a pressure that is at all 
times (except

[[Page 86]]

during periods of startup, shutdown, or malfunction) greater than the 
agitator stuffing box pressure; or
    (B) Equipped with a barrier fluid degassing reservoir that is routed 
to a process or fuel gas system, or connected by a closed vent system to 
a control device that meets the requirements of Sec. 65.115; or
    (C) Equipped with a closed-loop system that purges the barrier fluid 
into a process stream.
    (ii) The barrier fluid is not in light liquid service.
    (iii) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (iv) Each agitator seal is checked by visual inspection each 
calendar week for indications of liquids dripping from the agitator 
seal. If there are indications of liquids dripping from the agitator 
seal at the time of the weekly inspection, the owner or operator shall 
follow either of the following procedures prior to the next required 
inspection:
    (A) The owner or operator shall monitor the agitator seal as 
specified in Sec. 65.104(b) and (c) to determine the presence of 
regulated material in the barrier fluid. If an instrument reading of 
10,000 parts per million or greater is measured, a leak is detected and 
it shall be repaired using the procedures in Sec. 65.105; or
    (B) The owner or operator shall eliminate the visual indications of 
liquids dripping.
    (v) Each sensor as described in paragraph (e)(1)(iii) of this 
section is observed daily or is equipped with an alarm unless the 
agitator seal is located within the boundary of an unmanned plant site.
    (vi) The owner or operator of each dual mechanical seal system shall 
meet the following requirements:
    (A) The owner or operator shall determine based on design 
considerations and operating experience criteria that indicates failure 
of the seal system, the barrier fluid system, or both and that are 
applicable to the presence and frequency of drips. If indications of 
liquids dripping from the agitator seal exceed the criteria, or if based 
on the criteria the sensor indicates failure of the seal system, the 
barrier fluid system, or both, a leak is detected and shall be repaired 
pursuant to Sec. 65.105, as applicable.
    (B) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria, and any changes to these 
criteria and the reasons for the changes.
    (2) No external shaft. Any agitator that is designed with no 
externally actuated shaft penetrating the agitator housing is exempt 
from paragraph (b) of this section.
    (3) Routed to a process or fuel gas system or equipped with a closed 
vent system. Any agitator that is routed to a process or fuel gas system 
or equipped with a closed vent system that captures and transports 
leakage from the agitator to a control device meeting the requirements 
of Sec. 65.115 is exempt from the requirements of paragraph (b) of this 
section.
    (4) Unmanned plant site. Any agitator that is located within the 
boundary of an unmanned plant site is exempt from the weekly visual 
inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this 
section, and the daily requirements of paragraph (e)(1)(v) of this 
section provided that each agitator is visually inspected as often as 
practical and at least monthly.
    (5) Difficult-to-monitor agitator seals. Any agitator seal that is 
designated as described in Sec. 65.103(c)(2) as a difficult-to-monitor 
agitator seal is exempt from the requirements of paragraph (b) of this 
section and the owner or operator shall monitor the agitator seal 
according to the written plan specified in Sec. 65.103(c)(4).
    (6) Equipment obstructions. Any agitator seal that is obstructed by 
equipment or piping that prevents access to the agitator by a monitor 
probe is exempt from the monitoring requirements of paragraph (b) of 
this section.
    (7) Unsafe-to-monitor agitator seals. Any agitator seal that is 
designated as described in Sec. 65.103(c)(1) as an unsafe-to-monitor 
agitator seal is exempt from the requirements of paragraph (b) of this 
section and the owner or operator of the agitator seal monitors the 
agitator seal according to the written plan specified in Sec. 
65.103(c)(4).

[[Page 87]]



Sec. 65.110  Standards: Pumps, valves, connectors, and agitators in heavy 

liquid service; pressure relief devices in liquid service; and instrumentation 

systems.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (b) Leak detection. Unless otherwise specified in Sec. 65.102(b), 
the owner or operator shall comply with the following:
    (1) Monitoring method. Pumps, valves, connectors, and agitators in 
heavy liquid service; pressure relief devices in light liquid or heavy 
liquid service; and instrumentation systems shall be monitored within 5 
calendar days by the method specified in Sec. 65.104(b) and (c) if 
evidence of a potential leak to the atmosphere is found by visual, 
audible, olfactory, or any other detection method, unless the potential 
leak is repaired as required in paragraph (c) of this section.
    (2) Instrument reading that defines a leak. If an instrument reading 
of 10,000 parts per million or greater for agitators, 5,000 parts per 
million or greater for pumps handling polymerizing monomers, 2,000 parts 
per million or greater for all other pumps (including pumps in food/
medical service), or 500 parts per million or greater for valves, 
connectors, instrumentation systems, and pressure relief devices is 
measured pursuant to paragraph (b)(1) of this section, a leak is 
detected and it shall be repaired pursuant to Sec. 65.105, as 
applicable.
    (c) Leak repair. For equipment identified in paragraph (b) of this 
section that is not monitored by the method specified in Sec. 
65.104(b), repaired shall mean that the visual, audible, olfactory, or 
other indications of a leak to the atmosphere have been eliminated; that 
no bubbles are observed at potential leak sites during a leak check 
using soap solution; or that the system will hold a test pressure.



Sec. 65.111  Standards: Pressure relief devices in gas/vapor service.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (b) Compliance standard. Except during pressure releases as provided 
for in paragraph (c) of this section, each pressure relief device in 
gas/vapor service shall be operated with an instrument reading of less 
than 500 parts per million as measured by the method specified in Sec. 
65.104(b) and (c).
    (c) Pressure relief requirements. (1) After each pressure release, 
the pressure relief device shall be returned to a condition indicated by 
an instrument reading of less than 500 parts per million, as soon as 
practical, but no later than 5 calendar days after each pressure release 
except as provided in Sec. 65.105(d).
    (2) The pressure relief device shall be monitored no later than 5 
calendar days after the pressure release and being returned to regulated 
material service to confirm the condition indicated by an instrument 
reading of less than 500 parts per million as measured by the method 
specified in Sec. 65.104(b) and (c).
    (3) The owner or operator shall record the dates and results of the 
monitoring required by paragraph (c)(2) of this section following a 
pressure release including maximum instrument reading measured during 
the monitoring and the background level measured if the instrument 
reading is adjusted for background.
    (d) Pressure relief devices routed to a process or fuel gas system 
or equipped with a closed vent system and control device. Any pressure 
relief device that is routed to a process or fuel gas system or equipped 
with a closed vent system capable of capturing and transporting leakage 
from the pressure relief device to a control device meeting the 
requirements of Sec. 65.115 is exempt from the requirements of 
paragraphs (b) and (c) of this section.
    (e) Rupture disk exemption. Any pressure relief device that is 
equipped with a rupture disk upstream of the pressure relief device is 
exempt from the requirements of paragraphs (b) and (c) of this section 
provided the owner or operator installs a new rupture disk upstream of 
the pressure relief device as soon as practical after each pressure 
release, but no later than 5 calendar days after each pressure release 
except as provided in Sec. 65.105(d).

[[Page 88]]



Sec. 65.112  Standards: Compressors.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (b) Seal system standard. Each compressor shall be equipped with a 
seal system that includes a barrier fluid system and that prevents 
leakage of process fluid to the atmosphere except as provided in Sec. 
65.102(b) and paragraphs (e) and (f) of this section. Each compressor 
seal system shall meet any one of the following requirements:
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure at all times (except during 
periods of start-up, shutdown, or malfunction); or
    (2) Equipped with a barrier fluid system degassing reservoir that is 
routed to a process or fuel gas system, or connected by a closed vent 
system to a control device that meets the requirements of Sec. 65.115; 
or
    (3) Equipped with a closed-loop system that purges the barrier fluid 
directly into a process stream.
    (c) Barrier fluid system. The barrier fluid shall not be in light 
liquid service. Each barrier fluid system shall be equipped with a 
sensor that will detect failure of the seal system, barrier fluid 
system, or both. Each sensor shall be observed daily or shall be 
equipped with an alarm unless the compressor is located within the 
boundary of an unmanned plant site.
    (d) Failure criterion and leak detection. (1) The owner or operator 
shall determine, based on design considerations and operating 
experience, a criterion that indicates failure of the seal system, the 
barrier fluid system, or both. If the sensor indicates failure of the 
seal system, the barrier fluid system, or both based on the criterion, a 
leak is detected and shall be repaired pursuant to Sec. 65.105, as 
applicable.
    (2) The owner or operator shall keep records of the design criteria 
and an explanation of the design criteria, and any changes to these 
criteria and the reasons for the changes.
    (e) Routed to a process or fuel gas system or equipped with a closed 
vent system. A compressor is exempt from the requirements of paragraphs 
(b) through (d) of this section if it is equipped with a system to 
capture and transport leakage from the compressor drive shaft seal to a 
process or a fuel gas system or to a closed vent system that captures 
and transports leakage from the compressor to a control device meeting 
the requirements of Sec. 65.115.
    (f) Alternative compressor standard. (1) Any compressor that is 
designated as described in Sec. 65.103(e) shall operate at all times 
with an instrument reading of less than 500 parts per million. A 
compressor so designated is exempt from the requirements of paragraphs 
(b) through (d) of this section if the compressor is demonstrated 
initially upon designation, annually, and at other times requested by 
the Administrator to be operating with an instrument reading of less 
than 500 parts per million as measured by the method specified in Sec. 
65.104(b) and (c).
    (2) The owner or operator shall record the dates and results of each 
compliance test including the background level measured and the maximum 
instrument reading measured during each compliance test.



Sec. 65.113  Standards: Sampling connection systems.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (b) Equipment requirement. Each sampling connection system shall be 
equipped with a closed-purge, closed-loop, or closed vent system except 
as provided in paragraph (d) of this section or Sec. 65.102(b). Gases 
displaced during filling of the sample container are not required to be 
collected or captured.
    (c) Equipment design and operation. Each closed-purge, closed-loop, 
or closed vent system as required in paragraph (b) of this section shall 
meet the following applicable requirements:
    (1) The system shall return the purged process fluid directly to a 
process line or to a fuel gas system; or
    (2) Collect and recycle the purged process fluid to a process; or
    (3) Be designed and operated to capture and transport all the purged 
process fluid to a control device that meets the requirements of Sec. 
65.115; or

[[Page 89]]

    (4) Collect, store, and transport the purged process fluid to any of 
the following systems or facilities:
    (i) A waste management unit as defined in 40 CFR 63.111, if the 
waste management unit is complying with the provisions of 40 CFR part 
63, subpart G, applicable to Group 1 wastewater streams. For sources 
referenced to this part from 40 CFR part 63, subpart H, and if the 
purged process fluid does not contain any organic HAP listed in table 9 
of 40 CFR part 63, subpart G, the waste management unit need not be 
subject to and operated in compliance with the requirements of 40 CFR 
part 63, subpart G, applicable to Group 1 wastewater steams provided the 
facility has a National Pollution Discharge Elimination System (NPDES) 
permit or sends the wastewater to an NPDES-permitted facility; or
    (ii) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 262, 264, 265, or 266; or
    (iii) A facility permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261; and
    (5) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (d) In-situ sampling systems. In-situ sampling systems and sampling 
systems without purges are exempt from the requirements of paragraphs 
(b) and (c) of this section.



Sec. 65.114  Standards: Open-ended valves or lines.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (b) Equipment and operational requirements. (1) Each open-ended 
valve or line shall be equipped with a cap, blind flange, plug, or a 
second valve except as provided in Sec. 65.102(b) and paragraphs (c) 
and (d) of this section. The cap, blind flange, plug, or second valve 
shall seal the open end at all times except during operations requiring 
process fluid flow through the open-ended valve or line, or during 
maintenance. The operational provisions of paragraphs (b)(2) and (3) of 
this section also apply.
    (2) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (3) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (b)(1) of 
this section at all other times.
    (c) Emergency shutdown exemption. Open-ended valves or lines in an 
emergency shutdown system that are designed to open automatically in the 
event of a process upset are exempt from the requirements of paragraph 
(b) of this section.
    (d) Polymerizing materials exemption. Open-ended valves or lines 
containing materials that would autocatalytically polymerize or would 
present an explosion, serious overpressure, or other safety hazard if 
capped or equipped with a double block and bleed system as specified in 
paragraph (b) of this section are exempt from the requirements of 
paragraph (b) of this section.



Sec. 65.115  Standards: Closed vent systems and control devices; or emissions 

routed to a fuel gas system or process.

    (a) Compliance schedule. The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (b) Compliance standard. (1) Owners or operators of closed vent 
systems and nonflare control devices used to comply with provisions of 
this subpart shall design and operate the closed vent systems and 
nonflare control devices to reduce emissions of regulated material with 
an efficiency of 95 percent or greater, or to reduce emissions of 
regulated material to a concentration of 20 parts per million by volume 
or, for an enclosed combustion device, to provide a minimum residence 
time of 0.50 second at a minimum of 760 [deg]C (1400 [deg]F). Owners and 
operators of closed vent systems and nonflare control devices used to 
comply with this part shall comply with the provisions of Sec. 
65.142(d), except as provided in

[[Page 90]]

Sec. 65.102(b). Note that this includes the startup, shutdown, and 
malfunction provisions of Sec. 65.6.
    (2) Owners or operators of closed vent systems and flares used to 
comply with the provisions of this subpart shall design and operate the 
flare as specified in Sec. 65.142(d), except as provided in Sec. 
65.102(b). Note that this includes the startup, shutdown, and 
malfunction provisions of Sec. 65.6.
    (3) Owners or operators routing emissions from equipment leaks to a 
fuel gas system or process shall comply with the provisions of Sec. 
65.142(d), except as provided in Sec. 65.102(b).

[65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006]



Sec. 65.116  Quality improvement program for pumps.

    (a) Criteria. If, on a 6-month rolling average, at least the greater 
of either 10 percent of the pumps in a process unit (or plant site) or 
three pumps in a process unit (or plant site) leak, the owner or 
operator shall comply with the following requirements:
    (1) Pumps that are in food/medical service or in polymerizing 
monomer service shall comply with all requirements except for those 
specified in paragraph (d)(8) of this section.
    (2) Pumps that are not in food/medical or polymerizing monomer 
service shall comply with all requirements of this section.
    (b) Exiting the QIP. The owner or operator shall comply with the 
requirements of this section until the number of leaking pumps is less 
than the greater of either 10 percent of the pumps or three pumps 
calculated as a 6-month rolling average in the process unit (or plant 
site). Once the performance level is achieved, the owner or operator 
shall comply with the requirements in Sec. 65.107.
    (c) Resumption of QIP. If in a subsequent monitoring period, the 
process unit (or plant site) has the greater of either 10 percent of the 
pumps leaking or three pumps leaking (calculated as a 6-month rolling 
average), the owner or operator shall resume the quality improvement 
program starting at performance trials.
    (d) QIP requirements. The quality improvement program shall meet the 
requirements specified in paragraphs (d)(1) through (8) of this section.
    (1) The owner or operator shall comply with the requirements in 
Sec. 65.107.
    (2) Data collection. The owner or operator shall collect the data 
specified in paragraphs (d)(2)(i) through (v) of this section and 
maintain records for each pump in each process unit (or plant site) 
subject to the quality improvement program. The data may be collected 
and the records may be maintained on a process unit or plant site basis.
    (i) Pump type (for example, piston, horizontal or vertical 
centrifugal, gear, bellows); pump manufacturer; seal type and 
manufacturer; pump design (for example, external shaft, flanged body); 
materials of construction; if applicable, barrier fluid or packing 
material; and year installed.
    (ii) Service characteristics of the stream such as discharge 
pressure, temperature, flow rate, corrosivity, and annual operating 
hours.
    (iii) The maximum instrument readings observed in each monitoring 
observation before repair, response factor for the stream if 
appropriate, instrument model number, and date of the observation.
    (iv) If a leak is detected, the repair methods used and the 
instrument readings after repair.
    (v) If the data will be analyzed as part of a larger analysis 
program involving data from other plants or other types of process 
units, a description of any maintenance or quality assurance programs 
used in the process unit that are intended to improve emission 
performance.
    (3) The owner or operator shall continue to collect data on the 
pumps as long as the process unit (or plant site) remains in the quality 
improvement program.
    (4) Pump or pump seal inspection. The owner or operator shall 
inspect all pumps or pump seals that exhibited frequent seal failures 
and were removed from the process unit due to leaks. The inspection 
shall determine the probable cause of the pump seal failure or of the 
pump leak and shall include recommendations, as appropriate, for design 
changes or changes in specifications to reduce leak potential.

[[Page 91]]

    (5) Data analysis. (i) The owner or operator shall analyze the data 
collected to comply with the requirements of paragraph (d)(2) of this 
section to determine the services, operating or maintenance practices, 
and pump or pump seal designs or technologies that have poorer than 
average emission performance and those that have better than average 
emission performance. The analysis shall determine if specific trouble 
areas can be identified on the basis of service, operating conditions or 
maintenance practices, equipment design, or other process-specific 
factors.
    (ii) The analysis shall also be used to determine if there are 
superior performing pump or pump seal technologies that are applicable 
to the service(s), operating conditions, or pump or pump seal designs 
associated with poorer than average emission performance. A superior 
performing pump or pump seal technology is one with a leak frequency of 
less than 10 percent for specific applications in the process unit or 
plant site. A candidate superior performing pump or pump seal technology 
is one demonstrated or reported in the available literature or through a 
group study as having low emission performance and as being capable of 
achieving less than 10 percent leaking pumps in the process unit (or 
plant site).
    (iii) The analysis shall include consideration of the following 
information:
    (A) The data obtained from the inspections of pumps and pump seals 
removed from the process unit due to leaks;
    (B) Information from the available literature and from the 
experience of other plant sites that will identify pump designs or 
technologies and operating conditions associated with low emission 
performance for specific services; and
    (C) Information on limitations on the service conditions for the 
pump seal technology operating conditions as well as information on 
maintenance procedures to ensure continued low emission performance.
    (iv) The data analysis may be conducted through an inter- or 
intracompany program (or through some combination of the two approaches) 
and may be for a single process unit, a plant site, a company, or a 
group of process units.
    (v) The first analysis of the data shall be completed no later than 
18 months after the start of the quality improvement program. The first 
analysis shall be performed using data collected for a minimum of 6 
months. An analysis of the data shall be done each year the process unit 
is in the quality improvement program.
    (6) Trial evaluation program. A trial evaluation program shall be 
conducted at each plant site for which the data analysis does not 
identify use of superior performing pump seal technology or pumps that 
can be applied to the areas identified as having poorer than average 
performance except as provided in paragraph (d)(6)(v) of this section. 
The trial program shall be used to evaluate the feasibility of using in 
the process unit (or plant site) the pump designs or seal technologies, 
and operating and maintenance practices that have been identified by 
others as having low emission performance.
    (i) The trial evaluation program shall include on-line trials of 
pump seal technologies or pump designs and operating and maintenance 
practices that have been identified in the available literature or in 
analysis by others as having the ability to perform with leak rates 
below 10 percent in similar services, as having low probability of 
failure, or as having no external actuating mechanism in contact with 
the process fluid. If any of the candidate superior performing pump seal 
technologies or pumps is not included in the performance trials, the 
reasons for rejecting specific technologies from consideration shall be 
documented as required in paragraph (e)(3)(ii) of this section.
    (ii) The number of pump seal technologies or pumps in the trial 
evaluation program shall be the lesser of 1 percent or two pumps for 
programs involving single process units, and the lesser of 1 percent or 
five pumps for programs involving a plant site or groups of process 
units. The minimum number of pumps or pump seal technologies in a trial 
program shall be one.

[[Page 92]]

    (iii) The trial evaluation program shall specify and include 
documentation of the following information:
    (A) The candidate superior performing pump seal designs or 
technologies to be evaluated, the stages for evaluating the identified 
candidate pump designs or pump seal technologies, including the time 
period necessary to test the applicability;
    (B) The frequency of monitoring or inspection of the equipment;
    (C) The range of operating conditions over which the component will 
be evaluated; and
    (D) Conclusions regarding the emission performance and the 
appropriate operating conditions and services for the trial pump seal 
technologies or pumps.
    (iv) The performance trials shall initially be conducted at least 
for a 6-month period beginning not later than 18 months after the start 
of the quality improvement program. No later than 24 months after the 
start of the quality improvement program, the owner or operator shall 
have identified pump seal technologies or pump designs that, combined 
with appropriate process, operating, and maintenance practices, operate 
with low emission performance for specific applications in the process 
unit. The owner or operator shall continue to conduct performance trials 
as long as no superior performing design or technology has been 
identified, except as provided in paragraph (d)(6)(vi) of this section. 
The initial list of superior emission performance pump designs or pump 
seal technologies shall be amended in the future, as appropriate, as 
additional information and experience are obtained.
    (v) Any plant site with fewer than 400 valves and owned by a 
corporation with fewer than 100 employees shall be exempt from trial 
evaluations of pump seals or pump designs. Plant sites exempt from the 
trial evaluations of pumps shall begin the pump seal or pump replacement 
program at the start of the fourth year of the quality improvement 
program.
    (vi) An owner or operator who has conducted performance trials on 
all alternative superior emission performance technologies suitable for 
the required applications in the process unit may stop conducting 
performance trials provided that a superior performing design or 
technology has been demonstrated, or there are no technically feasible 
alternative superior technologies remaining. The owner or operator shall 
prepare an engineering evaluation documenting the physical, chemical, or 
engineering basis for the judgment that the superior emission 
performance technology is technically infeasible or demonstrating that 
it would not reduce emissions.
    (7) Quality assurance program. Each owner or operator shall prepare 
and implement a pump quality assurance program that details purchasing 
specifications and maintenance procedures for all pumps and pump seals 
in the process unit. The quality assurance program may establish any 
number of categories, or classes, of pumps as needed to distinguish 
among operating conditions and services associated with poorer than 
average emission performance, as well as those associated with better 
than average emission performance. The quality assurance program shall 
be developed considering the findings of the data analysis required 
under paragraph (d)(5) of this section, if applicable; the findings of 
the trial evaluation required in paragraph (d)(6) of this section; and 
the operating conditions in the process unit. The quality assurance 
program shall be updated each year as long as the process unit has the 
greater of either 10 percent or more leaking pumps or has three leaking 
pumps.
    (i) The quality assurance program shall meet the following 
requirements:
    (A) Establish minimum design standards for each category of pumps or 
pump seal technology. The design standards shall specify known critical 
parameters such as tolerance, manufacturer, materials of construction, 
previous usage, or other applicable identified critical parameters;
    (B) Require that all equipment orders specify the design standard 
(or minimum tolerances) for the pump or the pump seal;
    (C) Provide for an audit procedure for quality control of purchased 
equipment to ensure conformance with purchase specifications. The audit 
program may be conducted by the owner or operator

[[Page 93]]

of the plant site or process unit or by a designated representative; and
    (D) Detail off-line pump maintenance and repair procedures. These 
procedures shall include provisions to ensure that rebuilt or 
refurbished pumps and pump seals will meet the design specifications for 
the pump category and will operate so that emissions are minimized.
    (ii) The quality assurance program shall be established no later 
than the start of the third year of the quality improvement program for 
plant sites with 400 or more valves or 100 or more employees, and no 
later than the start of the fourth year of the quality improvement 
program for plant sites with less than 400 valves and less than 100 
employees.
    (8) Pump or pump seal replacement. Beginning at the start of the 
third year of the quality improvement program for plant sites with 400 
or more valves or 100 or more employees and at the start of the fourth 
year of the quality improvement program for plant sites with less than 
400 valves and less than 100 employees, the owner or operator shall 
replace as described in paragraphs (d)(8)(i) and (ii) of this section 
the pumps or pump seals that are not superior emission performance 
technology with pumps or pump seals that have been identified as 
superior emission performance technology and that comply with the 
quality assurance standards for the pump category. Superior emission 
performance technology is that category or design of pumps or pump seals 
with emission performance that, when combined with appropriate process, 
operating, and maintenance practices, will result in less than 10 
percent leaking pumps for specific applications in the process unit or 
plant site. Superior emission performance technology includes material 
or design changes to the existing pump, pump seal, seal support system, 
installation of multiple mechanical seals or equivalent, or pump 
replacement.
    (i) Pumps or pump seals shall be replaced at the rate of 20 percent 
per year based on the total number of pumps in light liquid service. The 
calculated value shall be rounded to the nearest nonzero integer value. 
The minimum number of pumps or pump seals shall be one. Pump replacement 
shall continue until all pumps subject to the requirements of Sec. 
65.107 are pumps determined to be superior performance technology.
    (ii) The owner or operator may delay replacement of pump seals or 
pumps with superior technology until the next planned process unit 
shutdown provided the number of pump seals and pumps replaced is 
equivalent to the 20 percent or greater annual replacement rate.
    (iii) The pumps shall be maintained as specified in the quality 
assurance program.
    (e) QIP recordkeeping. In addition to the records required by 
paragraph (d)(2) of this section, the owner or operator shall maintain 
records for the period of the quality improvement program for the 
process unit as specified in paragraphs (e)(1) through (6) of this 
section.
    (1) When using a pump quality improvement program as specified in 
this section, record the following information:
    (i) The rolling average percent leaking pumps.
    (ii) Documentation of all inspections conducted under the 
requirements of paragraph (d)(4) of this section and any recommendations 
for design or specification changes to reduce leak frequency.
    (iii) The beginning and ending dates while meeting the requirements 
of paragraph (d) of this section.
    (2) If a leak is not repaired within 15 calendar days after 
discovery of the leak, the reason for the delay and the expected date of 
successful repair.
    (3) Records of all analyses required in paragraph (d) of this 
section. The records will include the following information:
    (i) A list identifying areas associated with poorer than average 
performance and the associated service characteristics of the stream, 
the operating conditions, and the maintenance practices.
    (ii) The reasons for rejecting specific candidate superior emission 
performing pump technology from performance trials.
    (iii) The list of candidate superior emission performing valve or 
pump technologies and documentation of the

[[Page 94]]

performance trial program items required under paragraph (d)(6)(iii) of 
this section.
    (iv) The beginning date and duration of performance trials of each 
candidate superior emission performing technology.
    (4) All records documenting the quality assurance program for pumps 
as specified in paragraph (d)(7) of this section, including records 
indicating that all pumps replaced or modified during the period of the 
quality improvement program are in compliance with the quality 
assurance.
    (5) Records documenting compliance with the 20 percent or greater 
annual replacement rate for pumps as specified in paragraph (d)(8) of 
this section.
    (6) Information and data to show the corporation has fewer than 100 
employees, including employees providing professional and technical 
contracted services.



Sec. 65.117  Alternative means of emission limitation: Batch processes.

    (a) General requirement. As an alternative to complying with the 
requirements of Sec. Sec. 65.106 through 65.114 and Sec. 65.116, an 
owner or operator of a batch process that operates in regulated material 
service during the calendar year may comply with one of the standards 
specified in paragraphs (b) and (c) of this section, or the owner or 
operator may petition for approval of an alternative standard under the 
provisions of Sec. 65.102(b). The alternative standards of this section 
provide the options of pressure testing or monitoring the equipment for 
leaks. The owner or operator may switch among the alternatives provided 
the change is documented as specified in paragraph (b)(7) of this 
section.
    (b) Pressure testing of the batch equipment. The following 
requirements shall be met if an owner or operator elects to use pressure 
testing of batch product-process equipment to demonstrate compliance 
with this subpart:
    (1) Reconfiguration. Each time equipment is reconfigured for 
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before 
regulated material is first fed to the equipment and the equipment is 
placed in regulated material service.
    (i) When the batch product-process equipment train is reconfigured 
to produce a different product, pressure testing is required only for 
the new or disturbed equipment.
    (ii) Each batch product-process that operates in regulated material 
service during a calendar year shall be pressure-tested at least once 
during that calendar year.
    (iii) Pressure testing is not required for routine seal breaks, such 
as changing hoses or filters, that are not part of the reconfiguration 
to produce a different product or intermediate.
    (2) Testing procedures. The batch product-process equipment shall be 
tested either using the procedures specified in paragraph (b)(5) of this 
section for pressure vacuum loss or with a liquid using the procedures 
specified in paragraph (b)(6) of this section.
    (3) Leak detection. (i) For pressure or vacuum tests using a gas, a 
leak is detected if the rate of change in pressure is greater than 6.9 
kilopascals (1 pound per square inch gauge) in 1 hour or if there is 
visible, audible, or olfactory evidence of fluid loss.
    (ii) For pressure tests using a liquid, a leak is detected if there 
are indications of liquids dripping or if there is other evidence of 
fluid loss.
    (4) Leak repair. (i) If a leak is detected, it shall be repaired and 
the batch product-process equipment shall be retested before startup of 
the process.
    (ii) If a batch product-process fails the retest (the second of two 
consecutive pressure tests), it shall be repaired as soon as practical 
but not later than 30 calendar days after the second pressure test, 
except as specified in paragraph (e) of this section.
    (5) Gas pressure test procedure for pressure or vacuum loss. The 
following procedures shall be used to pressure test batch product-
process equipment for pressure or vacuum loss to demonstrate compliance 
with the requirements of paragraph (b)(3)(i) of this section:
    (i) The batch product-process equipment train shall be pressurized 
with a gas to a pressure less than the set pressure of any safety relief 
devices or

[[Page 95]]

valves or to a pressure slightly above the operating pressure of the 
equipment, or alternatively the equipment shall be placed under a 
vacuum.
    (ii) Once the test pressure is obtained, the gas source or vacuum 
source shall be shut off.
    (iii) The test shall continue for not less than 15 minutes unless it 
can be determined in a shorter period of time that the allowable rate of 
pressure drop or of pressure rise was exceeded. The pressure in the 
batch product-process equipment shall be measured after the gas or 
vacuum source is shut off and at the end of the test period. The rate of 
change in pressure in the batch product-process equipment shall be 
calculated using Equation 117-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.007

Where:

[Delta](P/t) = Change in pressure, pounds per square inch gauge/hr.
Pf = Final pressure, pounds per square inch gauge.
Pi = Initial pressure, pounds per square inch gauge.
tf - ti = Elapsed time, hours.

    (iv) The pressure shall be measured using a pressure measurement 
device (gauge, manometer, or equivalent) that has a precision of 2.5 millimeters mercury (0.10 inch of mercury) in the 
range of test pressure and is capable of measuring pressures up to the 
relief set pressure of the pressure relief device. If such a pressure 
measurement device is not reasonably available, the owner or operator 
shall use a pressure measurement device with a precision of at least 
10 percent of the test pressure of the equipment 
and shall extend the duration of the test for the time necessary to 
detect a pressure loss or rise that equals a rate of 1 pound per square 
inch gauge per hour (7 kilopascals per hour).
    (v) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting a pressure loss or rise.
    (6) Pressure test procedure using test liquid. The following 
procedures shall be used to pressure test batch product-process 
equipment using a liquid to demonstrate compliance with the requirements 
of paragraph (b)(3)(ii) of this section:
    (i) The batch product-process equipment train or section of the 
equipment train shall be filled with the test liquid (for example, 
water, alcohol) until normal operating pressure is obtained. Once the 
equipment is filled, the liquid source shall be shut off.
    (ii) The test shall be conducted for a period of at least 60 minutes 
unless it can be determined in a shorter period of time that the test is 
a failure.
    (iii) Each seal in the equipment being tested shall be inspected for 
indications of liquid dripping or other indications of fluid loss. If 
there are any indications of liquids dripping or of fluid loss, a leak 
is detected.
    (iv) An alternative procedure may be used for leak testing the 
equipment if the owner or operator demonstrates the alternative 
procedure is capable of detecting losses of fluid.
    (7) Pressure testing recordkeeping. The owner or operator of a batch 
product-process who elects to pressure test the batch product-process 
equipment train to demonstrate compliance with this subpart shall 
maintain records of the information specified in paragraphs (b)(7)(i) 
through (v) of this section.
    (i) The identification of each product or product code produced 
during the calendar year. It is not necessary to identify individual 
items of equipment in a batch product-process equipment train.
    (ii) Physical tagging of the equipment to identify that it is in 
regulated material service and subject to the provisions of this subpart 
is not required. Equipment in a batch product-process subject to the 
provisions of this subpart may be identified on a plant site plan, in 
log entries, or by other appropriate methods.

[[Page 96]]

    (iii) The dates of each pressure test required in paragraph (b) of 
this section, the test pressure, and the pressure drop observed during 
the test.
    (iv) Records of any visible, audible, or olfactory evidence of fluid 
loss.
    (v) When a batch product-process equipment train does not pass two 
consecutive pressure tests, as specified in paragraph (b)(4)(ii) of this 
section, the following information shall be recorded in a log and kept 
for 2 years:
    (A) The date of each pressure test and the date of each leak repair 
attempt;
    (B) Repair methods applied in each attempt to repair the leak;
    (C) The reason for the delay of repair;
    (D) The expected date for delivery of the replacement equipment and 
the actual date of delivery of the replacement equipment; and
    (E) The date of successful repair.
    (c) Equipment monitoring. The following requirements shall be met if 
an owner or operator elects to monitor the equipment in a batch process 
to detect leaks by the method specified in Sec. 65.104(b) and (c) to 
demonstrate compliance with this subpart:
    (1) The owner or operator shall comply with the requirements of 
Sec. Sec. 65.106 through 65.116 as modified by paragraphs (c)(2) 
through (4) of this section.
    (2) The equipment shall be monitored for leaks by the method 
specified in Sec. 65.104(b) and (c) when the equipment is in regulated 
material service or is in use with any other detectable material.
    (3) The equipment shall be monitored for leaks as specified in the 
following:
    (i) Each time the equipment is reconfigured for the production of a 
new product, the reconfigured equipment shall be monitored for leaks 
within 30 days of startup of the process. This initial monitoring of 
reconfigured equipment shall not be included in determining percent 
leaking equipment in the process unit.
    (ii) Connectors shall be monitored in accordance with the 
requirements in Sec. 65.108.
    (iii) Equipment other than connectors shall be monitored at the 
frequencies specified in table 1 to this subpart. The operating time 
shall be determined as the proportion of the year the batch product-
process that is subject to the provisions of this subpart is operating.
    (iv) The monitoring frequencies specified in paragraph (c)(3)(iii) 
of this section are not requirements for monitoring at specific 
intervals and can be adjusted to accommodate process operations. An 
owner or operator may monitor anytime during the specified monitoring 
period (for example, month, quarter, year), provided the monitoring is 
conducted at a reasonable interval after completion of the last 
monitoring campaign. For example, if the equipment is not operating 
during the scheduled monitoring period, the monitoring can be done 
during the next period when the process is operating.
    (4) If a leak is detected, it shall be repaired as soon as practical 
but not later than 15 calendar days after it is detected except as 
provided in paragraph (e) of this section.
    (d) Added equipment recordkeeping. (1) For batch product-process 
units that the owner or operator elects to monitor as provided under 
paragraph (c) of this section, the owner or operator shall prepare a 
list of equipment added to batch product-process units since the last 
monitoring period required in paragraphs (c)(3)(ii) and (iii) of this 
section.
    (2) Maintain records demonstrating the proportion of the time during 
the calendar year the equipment is in use in a batch process that is 
subject to the provisions of this subpart. Examples of suitable 
documentation are records of time in use for individual pieces of 
equipment or average time in use for the process unit. These records are 
not required if the owner or operator does not adjust monitoring 
frequency by the time in use, as provided in paragraph (c)(3)(iii) of 
this section.
    (3) Record and keep pursuant to Sec. 65.4 the date and results of 
the monitoring required in paragraph (c)(3)(i) of this section for 
equipment added to a batch product-process unit since the last 
monitoring period required in paragraphs (c)(3)(ii) and (iii) of this 
section. If no leaking equipment is found during this monitoring, the 
owner or operator shall record that the inspection was performed. 
Records of the actual monitoring results are not required.

[[Page 97]]

    (e) Delay of repair. Delay of repair of equipment for which leaks 
have been detected is allowed if the replacement equipment is not 
available provided the following conditions are met:
    (1) Equipment supplies have been depleted and supplies had been 
sufficiently stocked before the supplies were depleted.
    (2) The repair is made no later than 10 calendar days after delivery 
of the replacement equipment.
    (f) Periodic report contents. For owners or operators electing to 
meet the requirements of paragraph (b) of this section, the following 
periodic report to be filed pursuant to Sec. 65.120(b) shall include 
the following information for each process unit:
    (1) Batch product-process equipment train identification;
    (2) The number of pressure tests conducted;
    (3) The number of pressure tests where the equipment train failed 
the pressure test; and
    (4) The facts that explain any delay of repairs.



Sec. 65.118  Alternative means of emission limitation: Enclosed-vented process 

units.

    (a) Use of closed vent system and control device. Process units that 
are enclosed in such a manner that all emissions from equipment leaks 
are routed to a process or fuel gas system or collected and vented 
through a closed vent system to a control device meeting the 
requirements of Sec. 65.115 are exempt from the requirements of 
Sec. Sec. 65.106 through 65.114 and Sec. 65.116. The enclosure shall 
be maintained under a negative pressure at all times while the process 
unit is in operation to ensure that all emissions are routed to a 
control device.
    (b) Recordkeeping. Owners and operators choosing to comply with the 
requirements of this section shall maintain the following records:
    (1) Identification of the process unit(s) and the regulated 
materials they handle.
    (2) A schematic of the process unit, enclosure, and closed vent 
system.
    (3) A description of the system used to create a negative pressure 
in the enclosure to ensure that all emissions are routed to the control 
device.



Sec. 65.119  Recordkeeping provisions.

    (a) Recordkeeping system. An owner or operator of more than one 
regulated source subject to the provisions of this subpart may comply 
with the recordkeeping requirements for these regulated sources in one 
recordkeeping system. The recordkeeping system shall identify each 
record by regulated source and the type of program being implemented 
(for example, quarterly monitoring, quality improvement) for each type 
of equipment. The records required by this subpart are summarized in 
paragraphs (b) and (c) of this section.
    (b) General equipment leak records. (1) As specified in Sec. 
65.103(a) through (c), the owner or operator shall keep general and 
specific equipment identification if the equipment is not physically 
tagged and the owner or operator is electing to identify the equipment 
subject to subpart F of this part through written documentation such as 
a log or other designation.
    (2) The owner or operator shall keep a written plan as specified in 
Sec. 65.103(c)(4) for any equipment that is designated as unsafe- or 
difficult-to-monitor.
    (3) The owner or operator shall maintain a record of the identity 
and an explanation as specified in Sec. 65.103(d)(2) for any equipment 
that is designated as unsafe to repair.
    (4) As specified in Sec. 65.103(e), the owner or operator shall 
maintain a record of the identity of compressors operating with an 
instrument reading of less than 500 parts per million.
    (5) The owner or operator shall keep records associated with the 
determination that equipment is in heavy liquid service as specified in 
Sec. 65.103(f).
    (6) The owner or operator shall keep records for leaking equipment 
as specified in Sec. 65.104(e)(2).
    (7) The owner or operator shall keep records for leak repair as 
specified in Sec. 65.105(f) and records for delay of repair as 
specified in Sec. 65.105(d).
    (8) For instrument response factor criteria determinations performed 
pursuant to Sec. 65.104(b)(2)(i), the owner or operator shall maintain 
a record of an

[[Page 98]]

engineering assessment that identifies the representative composition of 
the process fluid. The assessment shall be based on knowledge of the 
compounds present in the process, similarity of response factors for the 
materials present, the range of compositions encountered during 
monitoring, or other information available to the owner or operator.
    (9) The owner or operator shall keep records of the detection limit 
calibration as specified in Sec. 65.104(b)(3).
    (c) Specific equipment leak records. (1) For valves, the owner or 
operator shall maintain the following records:
    (i) The monitoring schedule for each process unit as specified in 
Sec. 65.106(b)(3)(v).
    (ii) The valve subgrouping records specified in Sec. 
65.106(b)(4)(iv), if applicable.
    (2) For pumps, the owner or operator shall maintain the following 
records:
    (i) Documentation of pump visual inspections as specified in Sec. 
65.107(b)(4).
    (ii) Documentation of dual mechanical seal pump visual inspections 
as specified in Sec. 65.107(e)(1)(v).
    (iii) For the criteria as to the presence and frequency of drips for 
dual mechanical seal pumps, records of the design criteria and 
explanations and any changes and the reason for the changes, as 
specified in Sec. 65.107(e)(1)(i).
    (3) For connectors, the owner or operator shall maintain the records 
specified in Sec. 65.108(b)(3)(v) which identify a monitoring schedule 
for each process unit.
    (4) For agitators, the owner or operator shall maintain the 
following records:
    (i) Documentation of agitator seal visual inspections as specified 
in Sec. 65.109(b)(3).
    (ii) For agitators equipped with a dual mechanical seal system that 
includes barrier fluid system, the owner or operator shall keep records 
as specified in Sec. 65.109(e)(1)(vi)(B).
    (iii) Documentation of the dual mechanical seal agitator seal visual 
inspections as specified in Sec. 65.109(e)(1)(iv).
    (5) For pressure relief devices in gas/vapor or light liquid 
service, the owner or operator shall keep records of the dates and 
results of monitoring following a pressure release, as specified in 
Sec. 65.111(c)(3), or the date the rupture disk is replaced as 
specified in Sec. 65.111(e).
    (6) For compressors, the owner or operator shall maintain the 
following records:
    (i) For criteria as to failure of the seal system and/or the barrier 
fluid system, record the design criteria and explanations and any 
changes and the reason for the changes, as specified in Sec. 
65.112(d)(2).
    (ii) For compressors operating under the alternative compressor 
standard, record the dates and results of each compliance test as 
specified in Sec. 65.112(f)(2).
    (7) For a pump QIP program, the owner or operator shall maintain the 
following records:
    (i) Individual pump records as specified in Sec. 65.116(d)(2).
    (ii) Trial evaluation program documentation as specified in Sec. 
65.116(d)(6)(iii).
    (iii) Engineering evaluation documenting the basis for judgement 
that superior emission performance technology is not applicable as 
specified in Sec. 65.116(d)(6)(vi).
    (iv) Quality assurance program documentation as specified in Sec. 
65.116(d)(7).
    (v) QIP records as specified in Sec. 65.116(e).
    (8) For process units complying with the batch process unit 
alternative, the owner or operator shall maintain the following records:
    (i) Pressure test records as specified in Sec. 65.117(b)(7).
    (ii) Records for equipment added to the process unit as specified in 
Sec. 65.117(d).
    (9) For process units complying with the enclosed-vented process 
unit alternative, the owner or operator shall maintain the records for 
enclosed-vented process units as specified in Sec. 65.118(b).



Sec. 65.120  Reporting provisions.

    (a) Initial Compliance Status Report. Unless the information 
specified in paragraphs (a)(1) through (3) of this section has 
previously been submitted under the referencing subpart, each

[[Page 99]]

owner or operator shall submit an Initial Compliance Status Report 
according to the procedures in Sec. 65.5(d). The notification shall 
include the information listed in paragraphs (a)(1) through (3) of this 
section, as applicable.
    (1) The notification shall provide the following information for 
each process unit subject to the requirements of this subpart:
    (i) Process unit identification;
    (ii) Number of each equipment type (for example, valves, pumps) 
excluding equipment in vacuum service; and
    (iii) Method of compliance with the standard (for example, ``monthly 
leak detection and repair'' or ``equipped with dual mechanical seals'').
    (2) The notification shall provide the following information for 
each process unit subject to the requirements of Sec. 65.117(b):
    (i) Batch products or product codes subject to the provisions of 
this subpart; and
    (ii) Planned schedule for pressure testing when equipment is 
configured for production of products subject to the provisions of this 
subpart.
    (3) The notification shall provide the following information for 
each process unit subject to the requirements in Sec. 65.118:
    (i) Process unit identification;
    (ii) A description of the system used to create a negative pressure 
in the enclosure, and the control device used to comply with the 
requirements of subpart G of this part.
    (b) Periodic reports. The owner or operator shall report the 
information specified in paragraphs (b)(1) through (9) of this section, 
as applicable, in the periodic report specified in Sec. 65.5(e).
    (1) For the equipment specified in paragraphs (b)(1)(i) through (v) 
of this section, report in a summary format by equipment type the number 
of components for which leaks were detected, and for valves, pumps, and 
connectors show the percent leakers and the total number of components 
monitored. Also include the number of leaking components that were not 
repaired as required by Sec. 65.105(a), and for valves identify the 
number of components that are determined by Sec. 65.106(c)(3) to be 
nonrepairable.
    (i) Valves in gas/vapor service and in light liquid service pursuant 
to Sec. 65.106(b) and (c).
    (ii) Pumps in light liquid service pursuant to Sec. 65.107(b) and 
(c).
    (iii) Connectors in gas/vapor service and in light liquid service 
pursuant to Sec. 65.108(b) and (c).
    (iv) Agitators in gas/vapor service and in light liquid service 
pursuant to Sec. 65.109(b).
    (v) Compressors pursuant to Sec. 65.112(d).
    (2) Where any delay of repair is utilized pursuant to Sec. 
65.105(d), report that delay of repair has occurred and report the 
number of instances of delay of repair.
    (3) If applicable, report the valve subgrouping information 
specified in Sec. 65.106(b)(4)(iv).
    (4) For pressure relief devices in gas/vapor service pursuant to 
Sec. 65.111(b) and for compressors pursuant to Sec. 65.112(f) that are 
to be operated at a leak detection instrument reading of less than 500 
parts per million, report the results of all monitoring to show 
compliance conducted within the semiannual reporting period.
    (5) Report, if applicable, the initiation of a monthly monitoring 
program for valves pursuant to Sec. 65.106(b)(3)(i).
    (6) Report, if applicable, the initiation of a quality improvement 
program for pumps pursuant to Sec. 65.116.
    (7) [Reserved]
    (8) Where the alternative means of emissions limitation for batch 
processes is utilized, report the information listed in Sec. 65.117(f).
    (9) Report the information listed in paragraph (a) of this section 
for the Initial Compliance Status Report for process units with later 
compliance dates. Report any revisions to items reported in an earlier 
Initial Compliance Status Report if the method of compliance has changed 
since the last report.



Sec. Sec. 65.121-65.139  [Reserved]

[[Page 100]]



    Sec. Table 1 to Subpart F of Part 65--Batch Processes Monitoring 
              Frequency for Equipment Other Than Connectors

----------------------------------------------------------------------------------------------------------------
                                             Equivalent continuous process monitoring frequency time in use
  Operating time  (percent of year)   --------------------------------------------------------------------------
                                               Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25.............................  Quarterly..............  Annually...............  Annually.
25 to <50............................  Quarterly..............  Semiannually...........  Annually.
50 to <75............................  Bimonthly..............  Three times............  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------



 Subpart G_Closed Vent Systems, Control Devices, and Routing to a Fuel 
                         Gas System or a Process



Sec. 65.140  Applicability.

    The provisions of this subpart and of subpart A of this part 
(including the startup, shutdown, and malfunction provisions in Sec. 
65.6) apply to routing emissions to processes, fuel gas systems, closed 
vent systems, control devices, and recovery devices where another 
subpart expressly references the use of this subpart.



Sec. 65.141  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Act and in subpart A of this part. If a term is defined in both 
subpart A of this part and in other subparts that reference the use of 
this subpart, the term shall have the meaning given in subpart A of this 
part for purposes of this subpart.



Sec. 65.142  Standards.

    (a) Storage vessel requirements. The owner or operator expressly 
referenced to this subpart from subpart C of this part shall comply with 
the following requirements, as applicable:
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.42(b)(4) who route storage vessel emissions through a closed 
vent system to a flare shall meet the requirements in Sec. 65.143 for 
closed vent systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b), 
and (c) for provisions regarding flare compliance determinations; and 
the monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to storage vessel 
emissions routed through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators subject to Sec. 65.42(b)(5) who route storage vessel 
emissions through a closed vent system to a nonflare control device 
shall meet the requirements in Sec. 65.143 for closed vent systems and 
Sec. 65.145 for nonflare control devices and the monitoring, 
recordkeeping, and reporting requirements referenced therein. No other 
provisions of this subpart apply to storage vessel emissions routed 
through a closed vent system to a nonflare control device unless 
specifically required in the monitoring plan submitted under Sec. 
65.145(c).
    (3) Route to a fuel gas system or process. Owners or operators 
subject to Sec. 65.42(b)(6) who route storage vessel emissions to a 
fuel gas system or to a process shall meet the requirements in Sec. 
65.144 and the monitoring, recordkeeping, and reporting requirements 
referenced therein. No other provisions of this subpart apply to storage 
vessel emissions being routed to a fuel gas system or to a process.
    (b) Process vent requirements. The owner or operator expressly 
referenced to this subpart from subpart D of this part or 40 CFR part 
60, subpart DDD, shall comply with the following requirements, as 
applicable:
    (1) Flare. Owners or operators subject to Sec. 65.63(a)(1) or 40 
CFR 60.562-1(a)(1)(i)(C) who route process vent emissions to a flare 
shall meet the applicable requirements in Sec. 65.143 for closed vent 
systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b), and (c) for 
provisions regarding flare compliance determinations; and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to process vent 
emissions routed through a closed vent system to a flare.

[[Page 101]]

    (2) Nonflare control device. Owners or operators subject to Sec. 
65.63(a)(2) or 40 CFR 60.562-1(a)(1)(i)(A) or (B) who route process vent 
emissions to a nonflare control device shall meet the applicable 
requirements in Sec. 65.143 for closed vent systems; the requirements 
applicable to the control devices being used in Sec. Sec. 65.148 
through 65.152 or Sec. 65.155; the applicable general monitoring 
requirements of Sec. 65.156; the applicable performance test 
requirements and procedures of Sec. Sec. 65.157 and 65.158; and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. Owners or operators subject to the halogen reduction device 
requirements of Sec. 65.63(b)(1) must also comply with Sec. 65.154 and 
the monitoring, recordkeeping, and reporting requirements referenced 
therein. The requirements of Sec. Sec. 65.144 through 65.146 do not 
apply to process vents. No other provisions of this subpart apply to 
process vent emissions routed through a closed vent system to a nonflare 
control device.
    (3) Final recovery devices. Owners or operators subject to Sec. 
65.63(a)(3) who use a final recovery device to maintain the TRE index 
value of a Group 2A process vent above 1.0 shall meet the requirements 
in Sec. 65.153, and the monitoring, recordkeeping, and reporting 
requirements referenced therein applicable to the recovery device being 
used and the applicable monitoring requirements in Sec. 65.156, and the 
recordkeeping and reporting requirements referenced therein, except for 
Sec. 65.156(c)(2)(ii). No other provisions of this subpart apply to 
Group 2A process vents.
    (c) Transfer rack requirements. The owner or operator expressly 
referenced to this subpart from subpart E of this part shall comply with 
the following requirements, as applicable:
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.83(a)(2) who route transfer rack emissions through a closed 
vent system to a flare shall meet the applicable requirements in Sec. 
65.143 for closed vent systems; Sec. 65.147 for flares; and Sec. 
65.157(a), (b), and (c) for provisions regarding flare compliance 
determinations; and the monitoring, recordkeeping, and reporting 
requirements referenced therein. No other provisions of this subpart 
apply to transfer rack emissions routed through a closed vent system to 
a flare.
    (2) Closed vent system and nonflare control device for low-
throughput transfer racks. Owners or operators of low-throughput 
transfer racks subject to Sec. 65.83(a)(1) who route low-throughput 
transfer rack emissions through a closed vent system to a nonflare 
control device shall meet the applicable requirements in Sec. 65.143 
for closed vent systems and Sec. 65.145 for nonflare control devices 
and the monitoring, recordkeeping, and reporting requirements referenced 
therein. Owners or operators subject to the halogen reduction 
requirements of Sec. 65.83(b)(1) must also comply with the 
recordkeeping requirement of Sec. 65.160(d) and the reporting 
requirement of Sec. 65.165(d). No other provisions of this subpart 
apply to low-throughput transfer rack emissions routed through a closed 
vent system to a nonflare control device unless specifically required in 
the monitoring plan submitted under Sec. 65.145(c).
    (3) Closed vent system and nonflare control devices for high-
throughput transfer racks. Owners or operators of high-throughput 
transfer racks subject to Sec. 65.83(a)(1) who route high-throughput 
transfer rack emissions through a closed vent system to a nonflare 
control device shall meet the applicable requirements in Sec. 65.143 
for closed vent systems; the requirements applicable to the control 
device being used in Sec. Sec. 65.148 through 65.152 or Sec. 65.155; 
the applicable general monitoring of Sec. 65.156; the applicable 
performance test requirements and procedures of Sec. Sec. 65.157 and 
65.158; and the monitoring, recordkeeping, and reporting requirements 
referenced therein. Owners or operators subject to the halogen reduction 
device requirements of Sec. 65.83(b)(1) must also comply with Sec. 
65.154 and the monitoring, recordkeeping, and reporting requirements 
referenced therein. The requirements of Sec. Sec. 65.144 through 65.146 
do not apply to high-throughput transfer rack emissions routed through a 
closed vent system to a nonflare control device. No other provisions of 
this subpart apply to high-throughput transfer rack emissions routed 
through a closed vent system to a nonflare control device.

[[Page 102]]

    (4) Route to a fuel gas system or to a process. Owners or operators 
subject to Sec. 65.83(a)(4) of this part who route transfer rack 
emissions to a fuel gas system or to a process shall meet the applicable 
requirements in Sec. 65.144 and the monitoring, recordkeeping, and 
reporting requirements referenced therein. No other provisions of this 
subpart apply to transfer rack emissions being routed to a fuel gas 
system or to a process.
    (d) Equipment leak requirements. The owner or operator expressly 
referenced to this subpart from subpart F of this part shall comply with 
the following requirements, as applicable:
    (1) Closed vent system and flare. Owners or operators subject to 
Sec. 65.115(b) who route equipment leak emissions through a closed vent 
system to a flare shall meet the requirements in Sec. 65.143 for closed 
vent systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b), and (c) 
for provisions regarding flare compliance determinations; and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to equipment leak 
emissions routed through a closed vent system to a flare.
    (2) Closed vent system and nonflare control device. Owners or 
operators subject to Sec. 65.115(b) who route equipment leak emissions 
through a closed vent system to a nonflare control device shall meet the 
requirements in Sec. 65.143 for closed vent systems, Sec. 65.146 for 
nonflare control devices used for equipment leak emissions, and the 
monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to equipment leak 
emissions routed through a closed vent system to a nonflare control 
device.
    (3) Route to a fuel gas system or to a process. Owners or operators 
subject to Sec. 65.115(b) who route equipment leak emissions to a fuel 
gas system or to a process shall meet the requirements in Sec. 65.144 
and the monitoring, recordkeeping, and reporting requirements referenced 
therein. No other provisions of this subpart apply to equipment leak 
emissions being routed to a fuel gas system or to a process.
    (e) Combined emissions. When emissions of different kinds (for 
example, emissions from process vents, transfer racks, and/or storage 
vessels) are combined, the owner or operator shall comply with the 
requirements of either paragraph (e)(1) or (2) of this section:
    (1) Comply with the applicable requirements of this subpart for each 
kind of emissions in the stream (for example, the requirements of Sec. 
65.142(b) for process vents, and the requirements of Sec. 65.142(c) for 
transfer racks); or
    (2) Comply with the first set of requirements identified in 
paragraphs (e)(2)(i) through (iii) of this section which applies to any 
individual emission stream that is included in the combined stream. 
Compliance with the first applicable set of requirements identified in 
paragraphs (e)(2)(i) through (iii) of this section constitutes 
compliance with all other requirements in paragraphs (e)(2)(i) through 
(iii) of this section applicable to other types of emissions in the 
combined stream. The hierarchy is as follows:
    (i) The requirements of Sec. 65.142(b) for Group 1 process vents, 
including applicable monitoring, recordkeeping, and reporting;
    (ii) The requirements of Sec. 65.142(c) for high-throughput 
transfer racks, including applicable monitoring, recordkeeping, and 
reporting;
    (iii) The requirements of Sec. 65.142(a) for control of emissions 
from storage vessels or low-throughput transfer racks, including 
monitoring, recordkeeping, and reporting.



Sec. 65.143  Closed vent systems.

    (a) Closed vent system equipment and operating requirements. The 
provisions of paragraph (a) of this section apply to closed vent systems 
collecting regulated material from a storage vessel, process vent, 
transfer rack, or equipment leaks.
    (1) Collection of emissions. Each closed vent system shall be 
designed and operated to collect the regulated material vapors from the 
emission point and to route the collected vapors to a control device.
    (2) Period of operation. Closed vent systems used to comply with the 
provisions of this subpart shall be operated at all times when emissions 
are vented to them.

[[Page 103]]

    (3) Bypass monitoring. Except for pressure relief devices needed for 
safety purposes, low leg drains, high point bleeds, analyzer vents, and 
open-ended valves or lines, the owner or operator shall comply with 
either of the following provisions for each closed vent system that 
contains bypass lines that could divert a vent stream to the atmosphere:
    (i) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. Records shall be 
generated as specified in Sec. 65.163(a)(1)(i). The flow indicator 
shall be installed at the entrance to any bypass line.
    (ii) Secure the bypass line valve in the non-diverting position with 
a car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure the valve is maintained in the non-diverting position 
and the vent stream is not diverted through the bypass line. Records 
shall be generated as specified in Sec. 65.163(a)(1)(ii).
    (4) Loading arms at transfer racks. Each closed vent system 
collecting regulated material from a transfer rack shall be designed and 
operated so that regulated material vapors collected at one loading arm 
will not pass through another loading arm in the rack to the atmosphere.
    (5) Pressure relief devices in a transfer rack's closed vent system. 
The owner or operator of a transfer rack subject to the provisions of 
this subpart shall ensure that no pressure relief device in the transfer 
rack's closed vent system shall open to the atmosphere during loading. 
Pressure relief devices needed for safety purposes are not subject to 
paragraph (a)(5) of this section.
    (b) Closed vent system inspection requirements. The provisions of 
paragraph (b) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack or equipment 
leaks. Inspection records shall be generated as specified in Sec. 
65.163(a)(3) and (4).
    (1) Except for closed vent systems operated and maintained under 
negative pressure and as provided in paragraphs (b)(2) and (3) of this 
section, each closed vent system shall be inspected as specified in 
paragraph (b)(1)(i) or (ii) of this section.
    (i) If the closed vent system is constructed of hard-piping, the 
owner or operator shall comply with the following requirements:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (c) of this section; and
    (B) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (ii) If the closed vent system is constructed of ductwork, the owner 
or operator shall conduct an initial and annual inspection according to 
the procedures in paragraph (c) of this section.
    (2) Any parts of the closed vent system that are designated as 
described in Sec. 65.163(a)(2) as unsafe to inspect are exempt from the 
inspection requirements of paragraph (b)(1) of this section if the 
following conditions are met:
    (i) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraph (b)(1) of 
this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
    (3) Any parts of the closed vent system that are designated, as 
described in Sec. 65.163(a)(2), as difficult-to-inspect are exempt from 
the inspection requirements of paragraph (b)(1) of this section if the 
following provisions apply:
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
(7 feet) above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (c) Closed vent system inspection procedures. The provisions of 
paragraph (c) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leaks.
    (1) Each closed vent system subject to paragraph (c) of this section 
shall be

[[Page 104]]

inspected according to the procedures specified in paragraphs (c)(1)(i) 
through (vii) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
appendix A of 40 CFR part 60 except as specified in this section.
    (ii) Except as provided in paragraph (c)(1)(iii) of this section, 
the detection instrument shall meet the performance criteria of Method 
21 of appendix A of 40 CFR part 60, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
representative composition of the process fluid not each individual 
organic compound in the stream. For process streams that contain 
nitrogen, air, water, or other inerts that are not organic hazardous air 
pollutants or volatile organic compounds, the response factor shall be 
determined on an inert-free basis. The response factor may be determined 
at any concentration for which the monitoring for leaks will be 
conducted. Maintain the record specified by Sec. 65.163(a)(5).
    (iii) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (c)(1)(ii) of this 
section, the instrument readings may be adjusted by multiplying by the 
representative response factor of the process fluid calculated on an 
inert-free basis as described in paragraph (c)(1)(ii) of this section.
    (iv) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of appendix A of 
40 CFR part 60.
    (v) Calibration gases shall be as specified in the following:
    (A) Zero air (less than 10 parts per million hydrocarbon in air).
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph (c)(1)(ii) 
of this section. In such cases, the calibration gas may be a mixture of 
one or more of the compounds to be measured in air.
    (C) If the detection instrument's design allows for multiple 
calibration scales, then the lower scale shall be calibrated with a 
calibration gas that is no higher than 2,500 parts per million.
    (vi) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects not 
to adjust readings for background, all such instrument readings shall be 
compared directly to 500 parts per million to determine whether there is 
a leak. If an owner or operator elects to adjust instrument readings for 
background, the owner or operator shall measure background concentration 
using the procedures in this section. The owner or operator shall 
subtract the background reading from the maximum concentration indicated 
by the instrument.
    (vii) If the owner or operator elects to adjust for background, the 
arithmetic difference between the maximum concentration indicated by the 
instrument and the background level shall be compared with 500 parts per 
million for determining whether there is a leak.
    (2) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21 of appendix A of 40 CFR part 60.
    (3) Except as provided in paragraph (c)(4) of this section, 
inspections shall be performed when the equipment is in regulated 
material service or in use with any other detectable gas or vapor.
    (4) Inspections of the closed vent system collecting regulated 
material from a transfer rack shall be performed only while a tank truck 
or railcar is being loaded or is otherwise pressurized to normal 
operating conditions with regulated material or any other detectable gas 
or vapor.
    (d) Closed vent system leak repair provisions. The provisions of 
paragraph (d) of this section apply to closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leak.
    (1) If there are visible, audible, or olfactory indications of leaks 
at the time of the annual visual inspections required by paragraph 
(b)(1)(i)(B) of this section, the owner or operator shall follow either 
of the following procedures:

[[Page 105]]

    (i) The owner or operator shall eliminate the indications of the 
leak.
    (ii) The owner or operator shall monitor the equipment according to 
the procedures in paragraph (c) of this section.
    (2) Leaks as indicated by an instrument reading greater than 500 
parts per million by volume above background shall be repaired as soon 
as practical except as provided in paragraph (d)(3) of this section. 
Records shall be generated as specified in Sec. 65.163(a)(3) when a 
leak is detected.
    (i) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (ii) Except as provided in paragraph (d)(3) of this section, repairs 
shall be completed no later than 15 calendar days after the leak is 
detected or at the beginning of the next introduction of vapors to the 
system, whichever is later.
    (3) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if repair within 15 days after a leak is 
detected is technically infeasible without a closed vent system 
shutdown, as defined in Sec. 65.2, or if the owner or operator 
determines that emissions resulting from immediate repair would be 
greater than the emissions likely to result from delay of repair. Repair 
of such equipment shall be completed as soon as practical, but not later 
than the end of the next closed vent system shutdown.



Sec. 65.144  Fuel gas systems and processes to which storage vessel, transfer 

rack, or equipment leak regulated material emissions are routed.

    (a) Equipment and operating requirements for fuel gas systems and 
processes. (1) Except during periods of startup, shutdown, and 
malfunction as specified in Sec. 65.3(a), the fuel gas system or 
process shall be operating at all times when regulated material 
emissions are routed to it.
    (2) The owner or operator of a transfer rack subject to the 
provisions of this subpart shall ensure that no pressure relief device 
in the transfer rack's system returning vapors to a fuel gas system or 
process shall open to the atmosphere during loading. Pressure relief 
devices needed for safety purposes are not subject to this paragraph 
(a)(2).
    (3) Each process piping system collecting regulated material from a 
transfer rack shall be designed and operated so that regulated material 
vapors collected at one loading arm will not pass through another 
loading arm in the rack to the atmosphere.
    (b) Fuel gas system and process compliance determination. (1) If 
emissions are routed to a fuel gas system, there is no requirement to 
conduct a performance test or design evaluation.
    (2) For storage vessels and transfer racks, and if emissions are 
routed to a process, the regulated material in the emissions shall 
predominantly meet one of, or a combination of, the following 
conditions, and the compliance demonstration requirements in paragraph 
(b)(3) of this section, if applicable:
    (i) Recycled and/or consumed in the same manner as a material that 
fulfills the same function in that process;
    (ii) Transformed by chemical reaction into materials that are not 
regulated materials;
    (iii) Incorporated into a product; and/or
    (iv) Recovered.
    (3) To demonstrate compliance with paragraph (b)(2) of this section 
for a storage vessel, the owner or operator shall prepare a design 
evaluation (or engineering assessment) that demonstrates the extent to 
which one or more of the conditions specified in paragraphs (b)(2)(i) 
through (iv) of this section are being met. The owner or operator shall 
submit the design evaluation as specified in Sec. 65.165(a)(1).
    (c) Statement of connection to fuel gas system. For storage vessels 
and transfer racks, the owner or operator shall submit the statement of 
connection reports for fuel gas systems specified in Sec. 65.165(a)(2) 
and/or (a)(3), as appropriate.



Sec. 65.145  Nonflare control devices used to control emissions from storage 

vessels or low-throughput transfer racks.

    (a) Nonflare control device equipment and operating requirements. 
The owner or operator shall operate and maintain the nonflare control 
device, including a

[[Page 106]]

halogen reduction device for a low-throughput transfer rack, so that the 
monitored parameters defined as required in paragraph (c) of this 
section remain within the ranges specified in the Initial Compliance 
Status Report whenever emissions of regulated material are routed to the 
control device and halogen reduction device, except during periods of 
startup, shutdown, and malfunction as specified in Sec. 65.3(a).
    (b) Nonflare control device design evaluation or performance test 
requirements. When using a control device other than a flare, the owner 
or operator shall comply with the requirements in paragraph (b)(1)(i), 
(ii), or (iii) of this section except as provided in paragraph (b)(2) of 
this section. Owners or operators of halogenated low-throughput transfer 
rack vent streams routed to a combustion device and then to a halogen 
reduction device to meet the specifications of Sec. 65.83(b)(1), must 
also meet the requirements of paragraph (b)(3) of this section.
    (1) Unless a design evaluation or performance test as required in 
the referencing subpart was previously conducted and submitted for the 
storage vessel or low-throughput transfer rack, the owner or operator 
shall either prepare and submit with the Initial Compliance Status 
Report, as specified in Sec. 65.165(b), a design evaluation that 
includes the information specified in paragraph (b)(1)(i) of this 
section, or the results of the performance test as described in 
paragraph (b)(1)(ii) or (iii) of this section.
    (i) Design evaluation. The design evaluation shall include 
documentation demonstrating that the control device being used achieves 
the required control efficiency during the reasonably expected maximum 
storage vessel filling or transfer loading rate. This documentation is 
to include a description of the gas stream that enters the control 
device, including flow and regulated material content; and additionally 
for storage vessels, the effects of varying liquid level conditions; and 
the information specified in paragraphs (b)(1)(i)(A) through (E) of this 
section, as applicable. This documentation shall be submitted with the 
Initial Compliance Status Report as specified in Sec. 65.165(b).
    (A) The efficiency determination is to include consideration of all 
vapors, gases, and liquids, other than fuels, received by the control 
device.
    (B) If an enclosed combustion device with a minimum residence time 
of 0.5 seconds and a minimum temperature of 760 [deg]C is used to meet 
the emission reduction requirement specified in Sec. 65.42(b)(5) for 
storage vessels, or Sec. 65.83(a)(1) for transfer racks, documentation 
that those conditions exist is sufficient to meet the requirements of 
paragraph (b)(1)(i) of this section.
    (C) Except as provided in paragraph (b)(1)(i)(B) of this section for 
enclosed combustion devices, the design evaluation shall include the 
estimated autoignition temperature of the stream being combusted, the 
flow rate of the stream, the combustion temperature, and the residence 
time at the combustion temperature.
    (D) For carbon adsorbers, the design evaluation shall include the 
estimated affinity of the regulated pollutant vapors for carbon, the 
amount of carbon in each bed, the number of beds, the humidity, the 
temperature, the flow rate of the inlet stream and, if applicable, the 
desorption schedule, the regeneration stream pressure or temperature, 
and the flow rate of the regeneration stream. For vacuum desorption, 
pressure drop shall be included.
    (E) For condensers, the design evaluation shall include the final 
temperature of the stream vapors, the type of condenser, and the design 
flow rate of the emission stream.
    (ii) Performance test. A performance test is acceptable to 
demonstrate compliance with Sec. 65.42(b)(5) for storage vessels, and 
Sec. 65.83(a)(1) for low-throughput transfer racks. The owner or 
operator is not required to prepare a design evaluation for the control 
device as described in paragraph (b)(1)(i) of this section if a 
performance test will be performed that meets the following criteria:
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 65.42(b)(5) for storage vessels, or Sec. 65.83(a)(1) 
for transfer racks; and

[[Page 107]]

    (B) The performance test meets the applicable performance test 
requirements of Sec. Sec. 65.157 and 65.158, and the results are 
submitted as part of the Initial Compliance Status Report as specified 
in Sec. 65.165(b).
    (iii) If the control device used to comply with Sec. 65.42(b)(5) 
for storage vessels, or with Sec. 65.83(a)(1) for low-throughput 
transfer racks, as applicable, is also used to comply with Sec. 
65.63(a)(2) for process vents, or Sec. 65.83(a)(1) for high-throughput 
transfer racks, a performance test required by Sec. 65.148(b), Sec. 
65.149(b), Sec. 65.150(b), Sec. 65.151(b), Sec. 65.152(b), or Sec. 
65.155(b) is acceptable to demonstrate compliance with Sec. 65.42(b)(5) 
for storage vessels, or Sec. 65.83(a)(1) for low-throughput transfer 
racks, as applicable. The owner or operator is not required to prepare a 
design evaluation for the control device as described in paragraph 
(b)(1)(i) of this section, if a performance test will be performed which 
meets the following criteria:
    (A) The performance test demonstrates that the control device 
achieves greater than or equal to the required control efficiency 
specified in Sec. 65.42(b)(5) for storage vessels, or Sec. 65.83(a)(1) 
for transfer racks; and
    (B) The performance test is submitted as part of the Initial 
Compliance Status Report as specified in Sec. 65.165(b).
    (2) A design evaluation or performance test is not required if the 
owner or operator uses a combustion device meeting the criteria in 
paragraph (b)(2)(i), (ii), (iii), or (iv) of this section and reports as 
specified in Sec. 65.165(f).
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater burning hazardous waste for which 
the owner or operator meets either of the following requirements:
    (A) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H; or
    (B) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (iii) A hazardous waste incinerator for which the owner or operator 
meets either of the following requirements:
    (A) The incinerator has been issued a final permit under 40 CFR part 
270 and complies with the requirements of 40 CFR part 264, subpart O; or
    (B) The incinerator has certified compliance with the interim status 
requirements of 40 CFR part 265, subpart O.
    (iv) A boiler or process heater into which the vent stream is 
introduced with the primary fuel.
    (3) Halogen reduction devices used for transfer racks. Unless a 
design evaluation or performance test as required in the referencing 
subpart was previously conducted and submitted for a halogen reduction 
device following a combustion device for a low-throughput transfer rack, 
the owner or operator shall either prepare and submit with the Initial 
Compliance Status Report, as specified in Sec. 65.165(b), a design 
evaluation that includes the information specified in paragraph 
(b)(3)(i) of this section, or the results of the performance test as 
described in paragraph (b)(3)(ii) or (iii) of this section. The 
provisions of this paragraph (b)(3) apply to owners or operators using a 
halogen reduction device following a combustion device to comply with 
Sec. 65.83(b)(1).
    (i) Design evaluation. The design evaluation shall include 
documentation demonstrating that the halogen reduction device being used 
achieves the required control efficiency during the reasonably expected 
maximum transfer loading rate. This documentation is to include a 
description of the gas stream that enters the halogen reduction device, 
including flow and regulated material content. The efficiency 
determination is to include consideration of all vapors, gases, and 
liquids, other than fuels, received by the halogen reduction device. 
This documentation shall be submitted with the Initial Compliance Status 
Report as specified in Sec. 65.165(b).
    (ii) Performance test. A performance test is acceptable to 
demonstrate compliance with Sec. 65.83(b)(1) for low-throughput 
transfer racks. The owner or operator is not required to prepare a

[[Page 108]]

design evaluation for the halogen reduction device as described in 
paragraph (b)(3)(i) of this section if a performance test will be 
performed that meets the following criteria:
    (A) The performance test demonstrates that the halogen reduction 
device achieves greater than or equal to the required control efficiency 
specified in Sec. 65.83(b)(1) for transfer racks; and
    (B) The performance test meets the applicable performance test 
requirements of Sec. Sec. 65.157 and 65.158, and the results are 
submitted as part of the Initial Compliance Status Report as specified 
in Sec. 65.165(b).
    (iii) If the halogen reduction device used to comply with Sec. 
65.83(b)(1) for low-throughput transfer racks, is also used to comply 
with Sec. 65.63(b)(1) for process vents, or Sec. 65.83(b)(1) for high-
throughput transfer racks, a performance test required by Sec. 
65.154(b) is acceptable to demonstrate compliance with Sec. 65.83(b)(1) 
for low-throughput transfer racks. The owner or operator is not required 
to prepare a design evaluation for the halogen reduction device as 
described in paragraph (b)(3)(i) of this section, if a performance test 
will be performed which meets the following criteria:
    (A) The performance test demonstrates that the halogen reduction 
device achieves greater than or equal to the required control efficiency 
specified in Sec. 65.83(b)(1) for transfer racks; and
    (B) The performance test is submitted as part of the Initial 
Compliance Status Report as specified in Sec. 65.165(b).
    (c) Nonflare control device monitoring requirements. (1) Unless 
previously established under an applicable standard prior to the 
implementation date of this part as specified in Sec. 65.1(f), the 
owner or operator shall submit with the Initial Compliance Status Report 
a monitoring plan containing the information specified in Sec. 
65.165(b) to identify the parameters that will be monitored to assure 
proper operation of the control device. The owner or operator of a 
halogenated low-throughput transfer rack vent stream routed to a 
combustion device and then to a halogen reduction device to meet the 
specifications of Sec. 65.83(b)(1) shall submit with the Initial 
Compliance Status Report a monitoring plan containing the information 
specified in Sec. 65.165(b) to identify the parameters that will be 
monitored to assure proper operation of the halogen reduction device.
    (2) The owner or operator shall monitor the parameters specified in 
the Initial Compliance Status Report or in the operating permit. Records 
shall be generated as specified in Sec. 65.163(b)(1).



Sec. 65.146  Nonflare control devices used for equipment leaks only.

    (a) Equipment and operating requirements. (1) Owners or operators 
using a nonflare control device to meet the applicable requirements in 
Sec. 65.115(b) shall meet the requirements of this section.
    (2) Control devices used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Performance test requirements. A performance test is not 
required for any nonflare control device used only to control emissions 
from equipment leaks.
    (c) Monitoring requirements. Owners or operators of control devices 
that are used only to comply with the provisions of Sec. 65.115(b) 
shall monitor these control devices to ensure that they are operated and 
maintained in conformance with their design. The owner or operator shall 
maintain the records as specified in Sec. 65.163(d).



Sec. 65.147  Flares.

    (a) Flare equipment and operating requirements. Flares subject to 
this subpart shall meet the performance requirements of paragraphs 
(a)(1) through (7) of this section.
    (1) Flares shall be operated at all times when emissions are vented 
to them.
    (2) Flares shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (b)(3)(i) 
of this section, except for periods not to exceed a total of 5 minutes 
during any 2 consecutive hours.
    (3) Flares shall be operated with a flare flame or at least one 
pilot flame present at all times, as determined by

[[Page 109]]

the methods specified in paragraph (c) of this section.
    (4) An owner/operator has the choice of adhering to either the heat 
content specifications in paragraph (a)(4)(ii) of this section and the 
maximum tip velocity specifications in paragraph (a)(6) of this section, 
or adhering to the requirements in paragraph (a)(4)(i) of this section.
    (i)(A) Flares shall be used that have a diameter of 3 inches or 
greater, are nonassisted, have a hydrogen content of 8.0 percent (by 
volume), or greater, and are designed for and operated with an exit 
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity, 
Vmax, as determined by Equation 147-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.008

Where:

Vmax = Maximum permitted velocity, m/sec.
K1 = Constant, 6.0 volume-percent hydrogen.
K2 = Constant, 3.9 (m/sec)/volume-percent hydrogen.
XH2 = The volume-percent of hydrogen, on a wet basis, as 
calculated by using the American Society for Testing and Materials 
(ASTM) Method D1946-77 (incorporated by reference as specified in Sec. 
65.13).

    (B) The actual exit velocity of a flare shall be determined by the 
method specified in paragraph (b)(3)(iii) of this section.
    (ii) Flares shall be used only when the net heating value of the gas 
being combusted is 11.2 megajoules per standard cubic meter (300 British 
thermal units per standard cubic foot) or greater if the flare is steam-
assisted or air-assisted, or when the net heating value of the gas being 
combusted is 7.45 megajoules per standard cubic meter (200 British 
thermal units per standard cubic foot) or greater if the flare is 
nonassisted. The net heating value of the gas being combusted shall be 
determined by the methods specified in paragraph (b)(3)(ii) of this 
section.
    (5) Flares used to comply with this section shall be steam-assisted, 
air-assisted, or nonassisted.
    (6) Steam-assisted and nonassisted flares shall be designed for and 
operated with an exit velocity as determined by the methods specified in 
paragraph (b)(3)(iii) of this section, less than 18.3 meters per second 
(60 feet per sec) except as provided in the following two paragraphs, as 
applicable:
    (i) Steam-assisted and nonassisted flares shall be designed for and 
operated with an exit velocity as determined by the methods specified in 
paragraph (b)(3)(iii) of this section, equal to or less than 122 meters 
per second (400 feet per second) if the net heating value of the gas 
being combusted is greater than 37.3 megajoules per standard cubic meter 
(1,000 British thermal units per standard cubic foot).
    (ii) Steam-assisted and nonassisted flares shall be designed for and 
operated with an exit velocity as determined by the methods specified in 
paragraph (b)(3)(iii) of this section, less than the velocity, V max, 
and less than 122 meters per second (400 feet per sec), where the 
maximum permitted velocity, Vmax, is determined by Equation 
147-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.009

Where:

Vmax = Maximum permitted velocity, meters per second.
28.8 = Constant.
31.7 = Constant.
HT = The net heating value as determined in paragraph 
(b)(3)(ii) of this section.

    (7) Air-assisted flares shall be designed for and operated with an 
exit velocity as determined by the methods specified in paragraph 
(b)(3)(iii) of this section, less than the velocity, Vmax, 
where the maximum permitted velocity, Vmax, is determined by 
Equation 147-3 of this section:

[[Page 110]]

[GRAPHIC] [TIFF OMITTED] TR14DE00.010

Where:

Vmax = Maximum permitted velocity, meters per second.
8.706 = Constant.
0.7084 = Constant.
HT = The net heating value as determined in paragraph 
(b)(3)(ii) of this section.

    (b) Flare compliance determination. (1) Unless an initial flare 
compliance determination of the flare was previously conducted and 
submitted under the referencing subpart, the owner or operator shall 
conduct an initial flare compliance determination of any flare used to 
comply with the provisions of this subpart. Flare compliance 
determination records shall be kept as specified in Sec. 65.159(a) and 
(b) and a flare compliance determination report shall be submitted as 
specified in Sec. 65.164. An owner or operator is not required to 
conduct a performance test to determine percent emission reduction or 
outlet regulated material or TOC concentration when a flare is used.
    (2) Unless already permitted by the applicable title V permit, if an 
owner or operator elects to use a flare to replace an existing control 
device at a later date, the owner or operator shall notify the 
Administrator, either by amendment of the regulated source's title V 
permit or, if title V is not applicable, by submission of the notice 
specified in Sec. 65.167(a). Upon implementing the change, a flare 
compliance determination shall be performed using the methods specified 
in paragraph (b)(3) of this section within 180 days. The compliance 
determination report shall be submitted to the Administrator within 60 
days of completing the determination as provided in Sec. 65.164(b)(2). 
If an owner or operator elects to use a flare to replace an existing 
final recovery device that is used on a Group 2A process vent, the owner 
or operator shall comply with the applicable provisions of Sec. Sec. 
65.63(e) and 65.67(b) and submit the notification specified in Sec. 
65.167(a).
    (3) Flare compliance determinations shall meet the requirements 
specified in paragraphs (b)(3)(i) through (iv) of this section.
    (i) Method 22 of appendix A of part 60 shall be used to determine 
the compliance of flares with the visible emission provisions of this 
subpart. The observation period is 2 hours, except for transfer racks as 
provided in either one of the following:
    (A) For transfer racks, if the loading cycle is less than 2 hours, 
then the observation period for that run shall be for the entire loading 
cycle.
    (B) For transfer racks, if additional loading cycles are initiated 
within the 2-hour period, then visible emissions observations shall be 
conducted for the additional cycles.
    (ii) The net heating value of the gas being combusted in a flare 
shall be calculated using Equation 147-4 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.011

Where:

HT = Net heating value of the sample, megajoules per standard 
cubic meter; where the net enthalpy per mole of offgas is based on 
combustion at 25 [deg]C and 760 millimeters of mercury (30 inches of 
mercury), but the standard temperature for determining the volume 
corresponding to 1 mole is 20 [deg]C;
K1 = 1.740 x 10-7 (parts per million by 
volume)-1 (gram-mole per standard cubic meter) (megajoules 
per kilocalories), where the standard temperature for gram mole per 
standard cubic meter is 20 [deg]C;
Dj = Concentration of sample component j, in parts per 
million by volume on a wet basis, as measured for organics by Method 18 
of appendix A of 40 CFR part 60 and measured for hydrogen and carbon 
monoxide by American Society for Testing and Materials (ASTM) D1946-77 
(incorporated by reference as specified in Sec. 65.13); and
Hj = Net heat of combustion of sample component j, 
kilocalories per gram-mole at 25 [deg]C and 760 millimeters of mercury 
(30 inches of mercury). The heats of combustion of stream components may 
be determined using ASTM D2382-76 (incorporated by reference as 
specified in Sec. 65.13) if published values are not available or 
cannot be calculated.

    (iii) The actual exit velocity of a flare shall be determined by 
dividing

[[Page 111]]

the volumetric flow rate (in units of standard temperature and 
pressure), as determined by Method 2, 2A, 2C, or 2D of appendix A of 40 
CFR part 60 as appropriate, by the unobstructed (free) cross-sectional 
area of the flare tip.
    (iv) Flare flame or pilot monitors, as applicable, shall be operated 
during any flare compliance determination.
    (c) Flare monitoring requirements. Where a flare is used, a device 
(including but not limited to a thermocouple, ultraviolet beam sensor, 
or infrared sensor) capable of continuously detecting that at least one 
pilot flame or the flare flame is present is required. Flame monitoring 
and compliance records shall be kept as specified in Sec. 65.159(c) and 
(d).



Sec. 65.148  Incinerators.

    (a) Incinerator equipment and operating requirements. (1) Owners or 
operators using incinerators to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirement as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, as applicable, shall meet the requirements of 
this section.
    (2) Incinerators used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Incinerator performance test requirements. (1) Unless an initial 
performance test was previously conducted and submitted under the 
referencing subpart and except as specified in Sec. 65.157(b) and 
paragraph (b)(2) of this section, the owner or operator shall conduct an 
initial performance test of any incinerator used to comply with the 
provisions of this subpart according to the procedures in Sec. Sec. 
65.157 and 65.158. Performance test records shall be kept as specified 
in Sec. 65.160(a) and (b), and a performance test report shall be 
submitted as specified in Sec. 65.164. As provided in Sec. 
65.145(b)(1), a performance test may be used as an alternative to the 
design evaluation for storage vessels and low-throughput transfer rack 
controls. As provided in Sec. 65.146(b), no performance test is 
required for equipment leaks.
    (2) An owner or operator is not required to conduct a performance 
test for a hazardous waste incinerator for which the owner or operator 
has been issued a final permit under 40 CFR part 270 and complies with 
the requirements of 40 CFR part 264, subpart O, or has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O. The owner or operator shall report as specified in Sec. 
65.165(f).
    (3) Unless already permitted by the applicable title V permit, if an 
owner or operator elects to use an incinerator to replace an existing 
control device at a later date, the owner or operator shall notify the 
Administrator, either by amendment of the regulated source's title V 
permit or, if title V is not applicable, by submission of the notice 
specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, an incinerator performance test shall be 
performed using the methods specified in Sec. 65.157 and within 180 
days if required by paragraph (b)(1) of this section. The performance 
test report shall be submitted to the Administrator within 60 days of 
completing the determination as provided in Sec. 65.164(b)(2). If an 
owner or operator elects to use an incinerator to replace an existing 
recovery device that is used on a Group 2A process vent, the owner or 
operator shall comply with the applicable provisions of Sec. Sec. 
65.63(e) and 65.67(b) and submit the notification specified in Sec. 
65.167(a).
    (c) Incinerator monitoring requirements. (1) Where an incinerator is 
used, a temperature monitoring device capable of providing a continuous 
record that meets the provisions specified in paragraph (c)(1)(i) or 
(ii) of this section is required. Monitoring results shall be recorded 
as specified in Sec. 65.161. General requirements for monitoring and 
continuous parameter monitoring systems are contained in Sec. 65.156.
    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the fire box or in 
the ductwork immediately downstream of the fire box in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices

[[Page 112]]

shall be installed in the gas stream immediately before and after the 
catalyst bed.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the incinerator. In order 
to establish the range, the information required in Sec. 65.165(c) 
shall be submitted in the Initial Compliance Status Report or the 
operating permit application or amendment. The range may be based upon a 
prior performance test meeting the specifications of Sec. 65.157(b)(1) 
or upon existing ranges or limits established under a referencing 
subpart.



Sec. 65.149  Boilers and process heaters.

    (a) Boiler and process heater equipment and operating requirements. 
(1) Owners or operators using boilers and process heaters to meet the 98 
weight-percent emission reduction or 20 parts per million by volume 
outlet concentration requirement as specified in Sec. 65.63(a)(2), or 
40 CFR 60.562-1(a)(1)(i)(B) for process vents, or Sec. 65.83(a)(1) for 
high-throughput transfer racks, as applicable, shall meet the 
requirements of this section.
    (2) The vent stream shall be introduced into the flame zone of the 
boiler or process heater.
    (3) Boilers and process heaters used to comply with the provisions 
of this subpart shall be operated at all times when emissions are vented 
to them.
    (b) Boiler and process heater performance test requirements. (1) 
Unless an initial performance test was previously conducted and 
submitted under the referencing subpart, and except as specified in 
Sec. 65.157(b) and paragraph (b)(2) of this section, the owner or 
operator shall conduct an initial performance test of any boiler or 
process heater used to comply with the provisions of this subpart 
according to the procedures in Sec. Sec. 65.157 and 65.158. Performance 
test records shall be kept as specified in Sec. 65.160(a) and (b), and 
a performance test report shall be submitted as specified in Sec. 
65.164. As provided in Sec. 65.145(b)(1), a performance test may be 
used as an alternative to the design evaluation for storage vessels and 
low-throughput transfer rack controls. As provided in Sec. 65.146(b), 
no performance test is required to demonstrate compliance for equipment 
leaks.
    (2) An owner or operator is not required to conduct a performance 
test when any of the control devices specified in paragraphs (b)(2)(i) 
through (iii) of this section are used. The owner or operator shall 
report as specified in Sec. 65.165(f).
    (i) A boiler or process heater with a design heat input capacity of 
44 megawatts (150 million British thermal units per hour) or greater.
    (ii) A boiler or process heater into which the vent stream is 
introduced with the primary fuel or is used as the primary fuel.
    (iii) A boiler or process heater burning hazardous waste for which 
the owner or operator meets either of the following requirements:
    (A) The boiler or process heater has been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H; or
    (B) The boiler or process heater has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (3) Unless already permitted by the applicable title V permit, if an 
owner or operator elects to use a boiler or process heater to replace an 
existing control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, a boiler or process heater performance test 
shall be performed using the methods specified in Sec. Sec. 65.157 and 
65.158 within 180 days if required by paragraph (b)(1) of this section. 
The performance test report shall be submitted to the Administrator 
within 60 days of completing the determination as provided in Sec. 
65.164(b)(2). If an owner or operator elects to use a boiler or process 
heater to replace an existing recovery device that is used on a Group 2A 
process vent, the owner or operator shall comply with the applicable 
provisions of Sec. Sec. 65.63(e) and 65.67(b) and submit the 
notification specified in Sec. 65.167(a).
    (c) Boiler and process heater monitoring requirements. (1) Where a 
boiler or process heater of less than 44 megawatts

[[Page 113]]

(150 million British thermal units per hour) design heat input capacity 
is used and the regulated vent stream is not introduced as or with the 
primary fuel, a temperature monitoring device in the fire box capable of 
providing a continuous record is required. Any boiler or process heater 
in which all vent streams are introduced with primary fuel or are used 
as the primary fuel is exempt from monitoring. Monitoring results shall 
be recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (2) Where monitoring is required, the owner or operator shall 
establish a range for monitored parameters that indicates proper 
operation of the boiler or process heater. In order to establish the 
range, the information required in Sec. 65.165(c) shall be submitted in 
the Initial Compliance Status Report or the operating permit application 
or amendment. The range may be based upon a prior performance test 
meeting the specifications of Sec. 65.157(b)(1) or upon existing ranges 
or limits established under a referencing subpart.



Sec. 65.150  Absorbers used as control devices.

    (a) Absorber equipment and operating requirements. (1) Owners or 
operators using absorbers to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, as applicable, shall meet the requirements of 
this section.
    (2) Absorbers used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Absorber performance test requirements. (1) Unless an initial 
performance test was previously conducted and submitted under the 
referencing subpart and except as specified in Sec. 65.157(b), the 
owner or operator shall conduct an initial performance test of any 
absorber used as a control device to comply with the provisions of this 
subpart according to the procedures in Sec. Sec. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160(a) 
and (b), and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test 
may be used as an alternative to the design evaluation for storage 
vessels and low-throughput transfer rack controls. As provided in Sec. 
65.146(b), no performance test is required to demonstrate compliance for 
equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if an 
owner or operator elects to use an absorber to replace an existing 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, either of the following provisions, as 
applicable, shall be followed:
    (i) Replace final recovery device. If an owner or operator elects to 
replace the final recovery device on a process vent with an absorber 
used as a control device, the owner or operator shall comply with the 
applicable provisions of Sec. Sec. 65.63(e) and 65.67(b).
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 process vent or a high-throughput 
transfer rack with an absorber used as a control device, the owner or 
operator shall perform a performance test using the methods specified in 
Sec. Sec. 65.157 and 65.158 within 180 days. The performance test 
report shall be submitted to the Administrator within 60 days of 
completing the test as provided in Sec. 65.164(b)(2).
    (c) Absorber monitoring requirements. (1) Where an absorber is used 
as a control device, either an organic monitoring device capable of 
providing a continuous record or a scrubbing liquid temperature 
monitoring device and a specific gravity monitoring device, each capable 
of providing a continuous record, shall be used. Monitoring results 
shall be recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters

[[Page 114]]

that indicates proper operation of the absorber. In order to establish 
the range, the information required in Sec. 65.165(c) shall be 
submitted in the Initial Compliance Status Report or the operating 
permit application or amendment. The range may be based upon a prior 
performance test meeting the specifications of Sec. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.



Sec. 65.151  Condensers used as control devices.

    (a) Condenser equipment and operating requirements. (1) Owners or 
operators using condensers to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, as applicable, shall meet the requirements of 
this section.
    (2) Condensers used to comply with the provisions of this subpart 
shall be operated at all times when emissions are vented to them.
    (b) Condenser performance test requirements. (1) Unless an initial 
performance test was previously conducted and submitted under the 
referencing subpart and except as specified in Sec. 65.157(b), the 
owner or operator shall conduct an initial performance test of any 
condenser used as a control device to comply with the provisions of this 
subpart according to the procedures in Sec. Sec. 65.157 and 65.158. 
Performance test records shall be kept as specified in Sec. 65.160(a) 
and (b), and a performance test report shall be submitted as specified 
in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test 
may be used as an alternative to the design evaluation for storage 
vessels and low-throughput transfer rack controls. As provided in Sec. 
65.146(b), no performance test is required to demonstrate compliance for 
equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if an 
owner or operator elects to use a condenser to replace an existing 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, either of the following provisions, as 
applicable, shall be followed:
    (i) Replace final recovery device. If an owner or operator elects to 
replace the final recovery device on a process vent with a condenser 
used as a control device, the owner or operator shall comply with the 
applicable provisions of Sec. Sec. 65.63(e) and 65.67(b).
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 process vent or a high-throughput 
transfer rack with a condenser used as a control device, the owner or 
operator shall perform a performance test using the methods specified in 
Sec. Sec. 65.157 and 65.158 within 180 days. The performance test 
report shall be submitted to the Administrator within 60 days of 
completing the test as provided in Sec. 65.164(b)(2).
    (c) Condenser monitoring requirements. (1) Where a condenser is used 
as a control device, an organic monitoring device capable of providing a 
continuous record or a condenser exit (product side) temperature 
monitoring device capable of providing a continuous record shall be 
used. Monitoring results shall be recorded as specified in Sec. 65.161. 
General requirements for monitoring and continuous parameter monitoring 
systems are contained in Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the condenser. In order to 
establish the range, the information required in Sec. 65.165(c) shall 
be submitted in the Initial Compliance Status Report or the operating 
permit application or amendment. The range may be based upon a prior 
performance test meeting the specifications in Sec. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.



Sec. 65.152  Carbon adsorbers used as control devices.

    (a) Carbon adsorber equipment and operating requirements. (1) Owners 
or operators using carbon adsorbers to meet the 98 weight-percent 
emission reduction or 20 parts per million by volume outlet 
concentration requirements as

[[Page 115]]

specified in Sec. 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(A) for 
process vents, or Sec. 65.83(a)(1) for high-throughput transfer racks, 
as applicable, shall meet the requirements of this section.
    (2) Carbon adsorbers used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Carbon adsorber performance test requirements. (1) Unless an 
initial performance test was previously conducted and submitted under 
the referencing subpart and except as specified in Sec. 65.157(b), the 
owner or operator shall conduct an initial performance test of any 
carbon absorber used as a control device to comply with the provisions 
of this subpart according to the procedures in Sec. Sec. 65.157 and 
65.158. Performance test records shall be kept as specified in Sec. 
65.160(a) and (b), and a performance test report shall be submitted as 
specified in Sec. 65.164. As provided in Sec. 65.145(b)(1), a 
performance test may be used as an alternative to the design evaluation 
for storage vessels and low-throughput transfer rack controls. As 
provided in Sec. 65.146(b), no performance test is required to 
demonstrate compliance for equipment leaks.
    (2) Unless already permitted by the applicable title V permit, if an 
owner or operator elects to use a carbon adsorber to replace an existing 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, either of the following provisions, as 
applicable, shall be followed:
    (i) Replace final recovery device. If an owner or operator elects to 
replace the final recovery device on a process vent with a carbon 
adsorber used as a control device, the owner or operator shall comply 
with the applicable provisions of Sec. Sec. 65.63(e) and 65.67(b).
    (ii) Replace control device. If an owner or operator elects to 
replace a control device on a Group 1 process vent or high-throughput 
transfer rack with a carbon adsorber used as a control device, the owner 
or operator shall perform a performance test using the methods specified 
in Sec. Sec. 65.157 and 65.158 within 180 days. The performance test 
report shall be submitted to the Administrator within 60 days of 
completing the test as provided in Sec. 65.164(b)(2).
    (c) Carbon adsorber monitoring requirements. (1) Where a carbon 
adsorber is used as a control device, an organic monitoring device 
capable of providing a continuous record, or an integrating regeneration 
stream flow monitoring device having an accuracy of 10 percent or better capable of recording the total 
regeneration stream mass or volumetric flow for each regeneration cycle, 
and a carbon-bed temperature monitoring device capable of recording the 
carbon bed temperature after each regeneration and within 15 minutes of 
completing any cooling cycle, shall be used. Monitoring results shall be 
recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the carbon adsorber. Where 
the regeneration stream flow and carbon-bed temperature are monitored, 
the range shall be in terms of the total regeneration stream flow per 
regeneration cycle and the temperature of the carbon-bed determined 
within 15 minutes of the completion of the regeneration cooling cycle. 
In order to establish the range, the information required in Sec. 
65.165(c) shall be submitted in the Initial Compliance Status Report or 
the operating permit application or amendment. The range may be based 
upon a prior performance test meeting the specifications in Sec. 
65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart.



Sec. 65.153  Absorbers, condensers, carbon adsorbers, and other recovery 

devices used as final recovery devices.

    (a) Final recovery device equipment and operating requirements. (1) 
Owners or operators using a recovery device to meet the requirement to 
operate and maintain a TRE above 1.0 as specified in Sec. 65.63(a)(3) 
for process vents shall meet the requirements of this section.

[[Page 116]]

    (2) Recovery devices used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Recovery device performance test requirements. (1) There are no 
performance test requirements for recovery devices. Records of TRE index 
value determination shall be generated as specified in Sec. 65.160(c).
    (2) Replace a final recovery device or control device. Unless 
already permitted by the applicable title V permit, if an owner or 
operator elects to use a recovery device to replace an existing final 
recovery or control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, the owner or operator shall comply with the 
applicable provisions of Sec. Sec. 65.63(e) and 65.67(b).
    (c) Recovery device monitoring requirements. (1) Where an absorber 
is the final recovery device in the recovery system and the TRE index 
value is between 1.0 and 4.0, either an organic monitoring device 
capable of providing a continuous record, or a scrubbing liquid 
temperature monitoring device and a specific gravity monitoring device, 
each capable of providing a continuous record, shall be used. Monitoring 
results shall be recorded as specified in Sec. 65.161. General 
requirements for monitoring and continuous parameter monitoring systems 
are contained in Sec. 65.156.
    (2) Where a condenser is the final recovery device in the recovery 
system and the TRE index value is between 1.0 and 4.0, an organic 
monitoring device capable of providing a continuous record, or a 
condenser exit (product side) temperature monitoring device capable of 
providing a continuous record, shall be used. Monitoring results shall 
be recorded as specified in Sec. 65.161. General requirements for 
monitoring and continuous parameter monitoring systems are contained in 
Sec. 65.156.
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system and the TRE index value is between 1.0 and 4.0, an 
organic monitoring device capable of providing a continuous record, or 
an integrating regeneration stream flow monitoring device having an 
accuracy of 10 percent or better capable of 
recording the total regeneration stream mass or volumetric flow for each 
regeneration cycle, and a carbon-bed temperature monitoring device 
capable of recording the carbon-bed temperature after each regeneration 
and within 15 minutes of completing any cooling cycle, shall be used. 
Monitoring results shall be recorded as specified in Sec. 65.161. 
General requirements for monitoring and continuous parameter monitoring 
systems are contained in Sec. 65.156.
    (4) Unless previously approved by the Administrator under an 
applicable standard prior to the implementation date of this part, as 
specified in Sec. 65.1(f), if an owner or operator uses a recovery 
device other than those listed in this subpart, the owner or operator 
shall submit a description of planned monitoring, reporting and 
recordkeeping procedures as required under Sec. 65.162(e). The 
Administrator will approve or deny the proposed monitoring, reporting 
and recordkeeping requirements as part of the review of the submission 
or permit application or by other appropriate means.
    (5) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the recovery device. In 
order to establish the range, the information required in Sec. 
65.165(c) shall be submitted in the Initial Compliance Status Report or 
the operating permit application or amendment. The range may be based 
upon a prior performance test meeting the specifications in Sec. 
65.157(b)(1) or upon existing ranges or limits established under a 
referencing subpart. Where the regeneration stream flow and carbon-bed 
temperature are monitored, the range shall be in terms of the total 
regeneration stream flow per regeneration cycle, and the temperature of 
the carbon-bed determined within 15 minutes of the completion of the 
regeneration cooling cycle.



Sec. 65.154  Halogen scrubbers and other halogen reduction devices.

    (a) Halogen scrubber and other halogen reduction device equipment 
and operating requirements. (1) An owner or operator

[[Page 117]]

of halogen scrubbers and other halogen reduction devices subject to this 
subpart shall reduce the overall emissions of hydrogen halides and 
halogens by 99 percent, or reduce the outlet mass of total hydrogen 
halides and halogens to less than 0.45 kilograms per hour (0.99 pound 
per hour) as specified in Sec. 65.63(b) for process vents, or Sec. 
65.83(b) for transfer racks, as applicable, and shall meet the 
requirements of this section.
    (2) Halogen scrubbers and other halogen reduction devices used to 
comply with the provisions of this subpart shall be operated at all 
times when emissions are vented to them.
    (b) Halogen scrubber and other halogen reduction device performance 
test requirements. Unless an initial performance test was previously 
conducted and submitted under the referencing subpart, an owner or 
operator of a combustion device followed by a halogen scrubber or other 
halogen reduction device to control halogenated vent streams in 
accordance with Sec. 65.63(b)(1) for process vents, or Sec. 
65.83(b)(1) for transfer racks shall conduct an initial performance test 
to determine compliance with the control efficiency or emission limits 
for hydrogen halides and halogens according to the procedures in 
Sec. Sec. 65.157 and 65.158. Performance test records shall be kept as 
specified in Sec. 65.160(a) and (b), and a performance test report 
shall be submitted as specified in Sec. 65.164.
    (c) Halogen scrubber and other halogen reduction device monitoring 
requirements. (1) Where a halogen scrubber is used, the monitoring 
equipment specified in paragraphs (c)(1)(i) and (ii) of this section is 
required for the scrubber. Monitoring results shall be recorded as 
specified in Sec. 65.161. General requirements for monitoring and 
continuous parameter monitoring systems are contained in Sec. 65.156.
    (i) A pH monitoring device capable of providing a continuous record 
shall be installed to monitor the pH of the scrubber effluent.
    (ii) A flow meter capable of providing a continuous record shall be 
located at the scrubber influent for liquid flow. Gas stream flow shall 
be determined using one of the following procedures:
    (A) The owner or operator may determine gas stream flow using the 
design blower capacity, with appropriate adjustments for pressure drop.
    (B) If the scrubber is subject to regulations in 40 CFR parts 264 
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for the chemical 
manufacturing process unit of which it is part, as specified in 40 CFR 
63.100(k) (if the referencing subpart is 40 CFR part 63, subpart F), or 
prior to the implementation date as specified in Sec. 65.1(f) (for all 
other referencing subparts), the owner or operator may determine gas 
stream flow by the method that had been utilized to comply with those 
regulations. A determination that was conducted prior to that compliance 
date may be utilized to comply with this subpart if it is still 
representative.
    (C) The owner or operator may prepare and implement a gas stream 
flow determination plan that documents an appropriate method that will 
be used to determine the gas stream flow. The plan shall require 
determination of gas stream flow by a method that will at least provide 
a value for either a representative or the highest gas stream flow 
anticipated in the scrubber during representative operating conditions 
other than startups, shutdowns, or malfunctions. The plan shall include 
a description of the methodology to be followed and an explanation of 
how the selected methodology will reliably determine the gas stream flow 
and a description of the records that will be maintained to document the 
determination of gas stream flow. The owner or operator shall maintain 
the plan as specified in Sec. 65.5.
    (2) Where a halogen reduction device other than a scrubber is used, 
the procedures in Sec. 65.162(e) shall be followed to establish 
monitoring parameters.
    (3) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the scrubber or other 
halogen reduction device. In order to establish the range, the 
information required in Sec. 65.165(c) shall be submitted in the 
Initial Compliance Status Report or the operating permit application or 
amendment. The range may be based upon a prior performance test meeting 
the specifications in Sec. 65.157(b)(1), or upon existing

[[Page 118]]

ranges or limits established under a referencing subpart.



Sec. 65.155  Other control devices.

    (a) Other control device equipment and operating requirements. (1) 
Owners or operators using a control device other than one listed in 
Sec. Sec. 65.147 through 65.152 to meet the 98 weight-percent emission 
reduction or 20 parts per million by volume outlet concentration 
requirements specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, as applicable, shall meet the requirements of 
this section.
    (2) Other control devices used to comply with the provisions of this 
subpart shall be operated at all times when emissions are vented to 
them.
    (b) Other control device performance test requirements. (1) Unless 
an initial performance test was previously conducted and submitted under 
the referencing subpart, an owner or operator of a control device other 
than those specified in Sec. Sec. 65.147 through 65.152, to comply with 
Sec. 65.63(a)(2) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, shall perform an initial performance test 
according to the procedures in Sec. Sec. 65.157 and 65.158. Performance 
test records shall be kept as specified in Sec. 65.160(a) and (b), and 
a performance test report shall be submitted as specified in Sec. 
65.164.
    (2) Unless already permitted by the applicable title V permit, if an 
owner or operator elects to use another control device to replace an 
existing control device at a later date, the owner or operator shall 
notify the Administrator, either by amendment of the regulated source's 
title V permit or, if title V is not applicable, by submission of the 
notice specified in Sec. 65.167(a) before implementing the change. Upon 
implementing the change, another control device performance test shall 
be performed using the methods specified in Sec. Sec. 65.157 and 65.158 
within 180 days if required by paragraph (b)(1) of this section. The 
performance test report shall be submitted to the Administrator within 
60 days of completing the determination as provided in Sec. 
65.164(b)(2). If an owner or operator elects to use a control device to 
replace an existing recovery device that is used on a Group 2A process 
vent, the owner or operator shall comply with the applicable provisions 
of Sec. Sec. 65.63(e) and 65.67(b) and submit the notification 
specified in Sec. 65.167(a).
    (c) Other control device monitoring requirements. (1) Unless 
previously submitted and approved under the referencing subpart, if an 
owner or operator uses a control device other than those listed in this 
subpart, the owner or operator shall submit a description of planned 
monitoring, reporting, and recordkeeping procedures as required under 
Sec. 65.162(e). The Administrator will approve, deny, or modify based 
on the reasonableness of the proposed monitoring, reporting, and 
recordkeeping requirements as part of the review of the submission or 
permit application or by other appropriate means.
    (2) The owner or operator shall establish a range for monitored 
parameters that indicates proper operation of the control device. To 
establish the range, the information required in Sec. 65.165(c) shall 
be submitted in the Initial Compliance Status Report or the operating 
permit application or amendment. The range may be based upon a prior 
performance test meeting the specifications in Sec. 65.157(b)(1) or 
upon existing ranges or limits established under a referencing subpart.



Sec. 65.156  General monitoring requirements for control and recovery devices.

    (a) General monitoring requirement applicability. (1) This section 
applies to the owner or operator of a regulated source required to 
monitor under this subpart.
    (2) Flares subject to Sec. 65.147(c) are not subject to the 
requirements of this section.
    (3) Flow indicators are not subject to the requirements of this 
section.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and in the relevant sections of this subpart 
unless either of the following provisions applies:
    (i) The Administrator specifies or approves the use of minor or 
intermediate changes in the specified monitoring requirements or 
procedures as provided in Sec. 65.7(b), (c), and (d); or

[[Page 119]]

    (ii) The Administrator specifies or approves the use of major 
changes in the specified monitoring requirements or procedures as 
provided in Sec. 65.7(b), (c), and (d).
    (2) When one CPMS is used as a backup to another CPMS, the owner or 
operator shall report the results from the CPMS used to meet the 
monitoring requirements of this subpart. If both such CPMS are used 
during a particular reporting period to meet the monitoring requirements 
of this part, then the owner or operator shall report the results from 
each CPMS for the relevant compliance period.
    (c) Operation and maintenance of continuous parameter monitoring 
systems. (1) All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturers specifications or 
other written procedures that provide adequate assurance that the 
equipment would reasonably be expected to monitor accurately.
    (2) The owner or operator of a regulated source shall maintain and 
operate each CPMS as specified in this section or in a relevant subpart 
and in a manner consistent with good air pollution control practices.
    (i) The owner or operator of a regulated source shall ensure the 
immediate repair or replacement of CPMS parts to correct ``routine'' or 
otherwise predictable CPMS malfunctions. The necessary parts for routine 
repairs of the affected equipment shall be readily available.
    (ii) Except for Group 2A process vents, if the startup, shutdown, 
and malfunction plan is followed during a CPMS startup, shutdown, or 
malfunction and the CPMS is repaired immediately, this action shall be 
reported in the semiannual startup, shutdown, and malfunction report 
required under Sec. 65.6(c).
    (iii) The Administrator's determination of whether acceptable 
operation and maintenance procedures are being used for the CPMS will be 
based on information that may include, but is not limited to, review of 
operation and maintenance procedures, operation and maintenance records, 
manufacturer's recommendations and specifications, and inspection of the 
CPMS.
    (3) All CPMS shall be installed and operational, and the data 
verified as specified in this subpart either prior to or in conjunction 
with conducting performance tests. Verification of operational status 
shall, at a minimum, include completion of the manufacturer's written 
specifications or recommendations for installation, operation, and 
calibration of the system or other written procedures that provide 
adequate assurance that the equipment would reasonably be expected to 
monitor accurately.
    (4) All CPMS shall be installed such that representative 
measurements of parameters from the regulated source are obtained.
    (5) In accordance with Sec. 65.3(a)(3), except for system 
breakdowns, repairs, maintenance periods, instrument adjustments or 
checks to maintain precision and accuracy, calibration checks, and zero 
and span adjustments, all CPMS shall be in continuous operation when 
emissions are being routed to the monitored device.
    (d) Except for Group 2A process vents, the parameter monitoring data 
shall be used to determine compliance with the required operating 
conditions for the monitored control devices. For each excursion, except 
for excused excursions and the excursions described in paragraph (d)(3) 
of this section, the owner or operator shall be deemed to have failed to 
have applied the control in a manner that achieves the required 
operating conditions.
    (1) An excursion means any of the three cases listed in paragraphs 
(d)(1)(i) through (iii) of this section. For a control device where 
multiple parameters are monitored, if one or more of the parameters 
meets the excursion criteria in paragraph (d)(1)(i), (ii), or (iii) of 
this section, this is considered a single excursion for the day for the 
control device.
    (i) When the daily average value of one or more monitored parameters 
is outside the permitted range.
    (ii) When the period of control or recovery device operation is 4 
hours or greater in an operating day, and monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours.

[[Page 120]]

    (iii) When the period of control or recovery device operation is 
less than 4 hours in an operating day, and more than 1 hour during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iv) Monitoring data are insufficient to constitute a valid hour of 
data as used in paragraphs (d)(1)(ii) and (iii) of this section, if 
measured values are unavailable for any of the 15-minute periods within 
the hour. For data compression systems approved under Sec. 
65.162(d)(4), monitoring data are insufficient to calculate a valid hour 
of data if there are less than four data values recorded during the 
hour.
    (2) One excused excursion for each control device or recovery device 
for each semiannual period is allowed.
    (3) The following excursions are not violations and do not count as 
excused excursions:
    (i) Excursions which occur during periods of startup, shutdown, and 
malfunction, when the source is being operated during such periods to 
minimize emissions in accordance with Sec. 65.3(a)(3).
    (ii) Excursions which occur due to failure to collect a valid hour 
of data during periods of startup, shutdown, and malfunction, when the 
source is being operated during such periods in accordance with Sec. 
65.3(a)(3).
    (iii) Excursions which occur during periods of nonoperation of the 
regulated source or portion thereof, resulting in cessation of the 
emissions to which monitoring applies.
    (4) Nothing in paragraph (d) of this section shall be construed to 
allow or excuse a monitoring parameter excursion caused by any activity 
that violates other applicable provisions of this part.
    (5) Paragraph (d) of this section applies to emission points and 
control devices for which continuous monitoring is required by this 
subpart, and to alternatives to continuous monitoring systems such as 
provided in Sec. 65.162(d)(3) and (d)(4). Paragraph (d)(3) of this 
section also applies to emission points and control devices which are 
not subject to continuous monitoring requirements, such as inspections 
of the closed vent system.
    (e) Alternative monitoring parameter. An owner or operator may 
request approval to monitor control, recovery, halogen scrubber, or 
halogen reduction device operating parameters other than those specified 
in this subpart by following the procedures specified in Sec. 
65.162(e).

[65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006]



Sec. 65.157  Performance test and flare compliance determination requirements.

    (a) Performance tests and flare compliance determinations. Where 
Sec. Sec. 65.145 through 65.155 require, or the owner or operator 
elects to conduct, a performance test of a nonflare control device or a 
halogen reduction device, or a compliance determination for a flare, the 
requirements of paragraphs (b) through (d) of this section apply.
    (b) Prior test results and waivers. Initial performance tests and 
initial flare compliance determinations are required only as specified 
in this subpart.
    (1) Unless requested by the Administrator, an owner or operator is 
not required to conduct a performance test or flare compliance 
determination under this subpart if a prior performance test or 
compliance determination was conducted using the same methods specified 
in Sec. 65.158, and either no process changes have been made since the 
test or the owner or operator can demonstrate to the Administrator's 
satisfaction that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process changes.
    (2) Individual performance tests and flare compliance determinations 
may be waived upon written application to the Administrator per Sec. 
65.164(b)(3) if, in the Administrator's judgment, the source is meeting 
the relevant standard(s) on a continuous basis, or the source is being 
operated under an extension of compliance under 40 CFR part 63, or a 
waiver of compliance under 40 CFR part 61, or the owner or operator has 
requested an extension of compliance under 40 CFR part 63, or a waiver 
of compliance under 40 CFR part 61, and the Administrator is still 
considering that request.

[[Page 121]]

    (3) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notification is given to the owner 
or operator of the source.
    (c) Performance tests and flare compliance determinations schedule. 
Except as specified in paragraphs (c)(1)(viii), (c)(1)(ix), (c)(1)(x), 
and (c)(1)(xi) of this section, unless a waiver of performance testing 
or flare compliance determination is obtained under this section or the 
conditions of another subpart of this part, the owner or operator shall 
perform such tests specified in the following:
    (1) Unless a waiver of performance testing or flare compliance 
determination is obtained under this section or the conditions of 
another subpart of this part, the owner or operator shall perform such 
tests specified in the following:
    (i) Within 180 days after the effective date of a relevant standard 
for a new source that has an initial startup date before the effective 
date of that standard; or
    (ii) Within 180 days after initial startup for a new source that has 
an initial startup date after the effective date of a relevant standard; 
or
    (iii) Within 180 days after the compliance date specified in a 
referencing subpart for an existing source or within 180 days after 
startup of an existing source if the source begins operation after the 
effective date of the relevant 40 CFR part 63 emission standard; or
    (iv) Within 180 days after the compliance date for an existing 
source subject to an emission standard established pursuant to section 
112(f) of the Act; or
    (v) Within 180 days after the termination date of the source's 
extension of compliance or a waiver of compliance for an existing source 
that obtains an extension of compliance under 40 CFR 63.6(i) or a waiver 
of compliance under 40 CFR 61.11; or
    (vi) Within 180 days after the compliance date for a new source, 
subject to an emission standard established pursuant to section 112(f) 
of the Act, for which construction or reconstruction is commenced after 
the proposal date of a relevant standard established pursuant to section 
112(d) of the Act but before the proposal date of the relevant standard 
established pursuant to section 112(f) of the Act (see 40 CFR 
63.6(b)(4)); or
    (vii) When a promulgated emission standard under 40 CFR part 63 is 
more stringent than the standard that was proposed (see 40 CFR 
63.6(b)(3)), the owner or operator of a new or reconstructed source 
subject to that standard for which construction or reconstruction is 
commenced between the proposal and promulgation dates of the standard 
shall comply with performance testing requirements within 180 days after 
the standard's effective date or within 180 days after startup of the 
source, whichever is later. If the promulgated standard is more 
stringent than the proposed standard, the owner or operator may choose 
to demonstrate compliance initially with either the proposed or the 
promulgated standard. If the owner or operator chooses to comply with 
the proposed standard initially, the owner or operator shall conduct a 
second performance test within 3 years and 180 days after the effective 
date of the standard, or after startup of the source, whichever is 
later, to demonstrate compliance with the promulgated standard.
    (viii) If a force majeure is about to occur, occurs, or has occurred 
for which the affected owner or operator intends to assert a claim of 
force majeure, the owner or operator shall notify the Administrator, in 
writing as soon as practicable following the date the owner or operator 
first knew, or through due diligence should have known that the event 
may cause or caused a delay in testing beyond the regulatory deadline, 
but the notification must occur before the performance test deadline 
unless the initial force majeure or a subsequent force majeure event 
delays the notice, and in such cases, the notification shall occur as 
soon as practicable.
    (ix) The owner or operator shall provide to the Administrator a 
written description of the force majeure event and a rationale for 
attributing the delay in testing beyond the regulatory deadline to the 
force majeure; describe the measures taken or to be taken to

[[Page 122]]

minimize the delay; and identify a date by which the owner or operator 
proposes to conduct the performance test. The performance test shall be 
conducted as soon as practicable after the force majeure occurs.
    (x) The decision as to whether or not to grant an extension to the 
performance test deadline is solely within the discretion of the 
Administrator. The Administrator will notify the owner or operator in 
writing of approval or disapproval of the request for an extension as 
soon as practicable.
    (xi) Until an extension of the performance test deadline has been 
approved by the Administrator under paragraphs (c)(1)(viii), (c)(1)(ix), 
and (c)(1)(x) of this section, the owner or operator of the affected 
facility remains strictly subject to the requirements of this part.
    (2) The Administrator may require an owner or operator to conduct 
performance tests and compliance determinations at the regulated source 
at any time when the action is authorized by section 114 of the Act.
    (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new regulated source and, at the 
request of the Administrator, the owner or operator of each existing 
regulated source, shall provide performance testing facilities as 
specified in the following:
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes, as applicable, the following requirements:
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests as demonstrated by applicable test methods and 
procedures;
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.

[65 FR 78285, Dec. 14, 2000, as amended at 72 FR 48942, Aug. 27, 2007; 
72 FR 73626, Dec. 28, 2007]



Sec. 65.158  Performance test procedures for control devices.

    (a) General procedures. Where Sec. Sec. 65.145 through 65.155 
require, or the owner or operator elects to conduct, a performance test 
of a control device or a halogen reduction device, an owner or operator 
shall comply with the requirements of (a)(1) through (3) of this 
section, as applicable.
    (1) Performance tests shall be conducted at maximum representative 
operating conditions for the process unless the Administrator specifies 
or approves alternate operating conditions. During the performance test, 
an owner or operator may operate the control or halogen reduction device 
at maximum or minimum representative operating conditions for monitored 
control or halogen reduction device parameters, whichever results in 
lower emission reduction. Operations during periods of startup, 
shutdown, and malfunction shall not constitute representative conditions 
for the purpose of a performance test.
    (2) Performance tests shall be conducted and data shall be reduced 
in accordance with the test methods and procedures set forth in this 
subpart, in each relevant standard, and, if required, in applicable 
appendices of 40 CFR parts 51, 60, 61, and 63 unless the Administrator 
allows revisions to the test methods as specified in one or more of the 
following five paragraphs:
    (i) The Administrator specifies or approves, in specific cases, the 
use of a test method with minor or intermediate changes in methodology; 
or
    (ii) The Administrator approves the use of a major change to a test 
method, the results of which the Administrator has determined to be 
adequate for indicating whether a specific regulated source is in 
compliance; or
    (iii) Intermediate and major changes to a test method shall be 
validated using the applicable procedures of Method 301 of appendix A of 
40 CFR part 63; or

[[Page 123]]

    (iv) The Administrator waives the requirement for the performance 
test as provided in Sec. 65.157(b)(2) because the owner or operator of 
a regulated source has demonstrated by other means to the 
Administrator's satisfaction that the regulated source is in compliance 
with the relevant standard; or
    (v) The Administrator approves the use of an equivalent method.
    (3) Each performance test shall consist of three separate runs using 
the applicable test method. Except as provided in paragraphs (a)(3)(i) 
and (ii) of this section, each run shall be conducted for at least 1 
hour and under the conditions specified in this section. For the purpose 
of determining compliance with an applicable standard, the arithmetic 
mean of results of the three runs shall apply. In the event that a 
sample is accidentally lost or conditions occur in which one of the 
three runs must be discontinued because of forced shutdown, failure of 
an irreplaceable portion of the sample train, extreme meteorological 
conditions, or other circumstances beyond the owner or operator's 
control, compliance may, upon the Administrator's approval, be 
determined using the arithmetic mean of the results of the two other 
runs.
    (i) For control devices that are used to control emissions from 
high-throughput transfer racks, and that are capable of continuous vapor 
processing but do not handle continuous emissions or emissions from 
high-throughput transfer racks that load simultaneously from multiple 
loading arms, each run shall represent at least one complete tank truck 
or tank car loading period during which regulated materials are loaded, 
and samples shall be collected using integrated sampling or grab samples 
taken at least four times per hour at approximately equal intervals of 
time, such as 15-minute intervals.
    (ii) For intermittent vapor processing systems used for controlling 
high-throughput transfer rack emissions that do not handle continuous 
emissions or multiple loading arms of a high-throughput transfer rack 
that load simultaneously, each run shall represent at least one complete 
control device cycle, and samples shall be collected using integrated 
sampling or grab samples taken at least four times per hour at 
approximately equal intervals of time, such as 15-minute intervals.
    (b) Test methods. Where Sec. Sec. 65.145 through 65.155 require, or 
the owner or operator elects to conduct, a performance test of a control 
device or a halogen reduction device, an owner or operator shall conduct 
that performance test using the procedures in paragraphs (b)(1) through 
(4) of this section, as applicable. The regulated material concentration 
and percent reduction may be measured as either total regulated material 
or as TOC (minus methane and ethane) according to the procedures 
specified.
    (1) Method 1 or 1A of appendix A of 40 CFR part 60 as appropriate, 
shall be used for selection of the sampling sites.
    (i) For determination of compliance with a percent reduction 
requirement of total regulated material or TOC, sampling sites shall be 
located at the inlet of the control device as specified in the following 
and at the outlet of the control device:
    (A) For process vents, the control device inlet sampling site shall 
be located after the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as a 
secondary fuel into a boiler or process heater with a design capacity 
less than 44 megawatts (150 million British thermal units per hour), 
selection of the location of the inlet sampling sites shall ensure the 
measurement of total regulated material or TOC (minus methane and 
ethane) concentrations, as applicable, in all vent streams and primary 
and secondary fuels introduced into the boiler or process heater.
    (ii) For determination of compliance with the 20 parts per million 
by volume total regulated material or TOC limit in Sec. 65.63(a)(2), 
Sec. 65.83(a)(1), and 40 CFR 60.562-1(a)(1)(i)(A), the sampling site 
shall be located at the outlet of the control device.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D of appendix A of 40 CFR part 60, as appropriate.
    (3) To determine compliance with the 20 parts per million by volume 
total regulated material or TOC (minus

[[Page 124]]

methane and ethane) limit, the owner or operator shall use Method 18 of 
appendix A of 40 CFR part 60 to measure either TOC minus methane and 
ethane or total regulated material, as applicable. Alternatively, any 
other method or data that have been validated according to the 
applicable procedures in Method 301 of appendix A of 40 CFR part 63 may 
be used. Method 25A may be used for transfer racks as detailed in 
paragraph (b)(3)(iv) of this section. The procedures specified in 
paragraphs (b)(3)(i) through (iv) of this section shall be used to 
calculate parts per million by volume concentration, corrected to 3 
percent oxygen.
    (i) Except as provided in paragraphs (a)(3)(i) and (ii) of this 
section, the minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (ii) The concentration of either TOC (minus methane or ethane) or 
total regulated material shall be calculated according to the following 
two paragraphs, as appropriate:
    (A) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using Equation 158-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.012

Where:

CREG, or CTOC= Concentration of total regulated 
material or concentration of TOC (minus methane and ethane), dry basis, 
parts per million by volume.
x = Number of samples in the sample run.
n = Number of components in the sample.
Cji = Concentration of sample components j of sample i, dry 
basis, parts per million by volume.

    (B) The total regulated material (CREG) shall be computed 
according to equation 158-1 of this section except that only the 
regulated species shall be summed. Where the regulated material is 
organic HAP's, the list of organic HAP's provided in table 2 of 40 CFR 
part 63, subpart F, shall be used.
    (iii) The concentration of TOC or total regulated material, as 
applicable, shall be corrected to 3 percent oxygen if a combustion 
device is the control device.
    (A) The emission rate correction factor (or excess air) integrated 
sampling and analysis procedures of Method 3B of appendix A of 40 CFR 
part 60 shall be used to determine the oxygen concentration. The 
sampling site shall be the same as that of the regulated material or 
organic compound samples, and the samples shall be taken during the same 
time that the regulated material or organic compound samples are taken.
    (B) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using Equation 158-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.013

Where:

Cc = Concentration of TOC or regulated material corrected to 
3 percent oxygen, dry basis, parts per million by volume.
Cm = Concentration of TOC (minus methane and ethane) or 
regulated material, dry basis, parts per million by volume.
%O2d = Concentration of oxygen, dry basis, percentage by 
volume.

    (iv) Method 25A of appendix A of 40 CFR part 60 may be used for the 
purpose of determining compliance with the 20 parts per million by 
volume limit specified in Sec. 65.83(a)(1) for transfer racks. If 
Method 25A of appendix A of 40 CFR part 60 is used, the following 
procedures shall be used to calculate the concentration of organic 
compounds (CTOC):

[[Page 125]]

    (A) The principal organic HAP in the vent stream shall be used as 
the calibration gas.
    (B) The span value for Method 25A of appendix A of 40 CFR part 60 
shall be between 1.5 and 2.5 times the concentration being measured.
    (C) Use of Method 25A of appendix A of 40 CFR part 60 is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (D) The concentration of TOC shall be corrected to 3 percent oxygen 
using the procedures and equation in paragraph (b)(3)(iii) of this 
section.
    (4) To determine compliance with a percent reduction requirement, 
the owner or operator shall use Method 18 of appendix A of 40 CFR part 
60; alternatively, any other method or data that have been validated 
according to the applicable procedures in Method 301 of appendix A of 40 
CFR part 63 may be used. Method 25A of appendix A of 40 CFR part 60 may 
be used for transfer racks as detailed in paragraph (b)(4)(v) of this 
section. Procedures specified in paragraphs (b)(4)(i) through (v) of 
this section shall be used to calculate percent reduction efficiency.
    (i) Except as provided in paragraphs (a)(3)(i) and (ii) of this 
section, the minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15-minute intervals 
during the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or total 
regulated material (Ei, Eo) shall be computed as 
applicable.
    (A) Equations 158-3 and 158-4 of this section shall be used:
    [GRAPHIC] [TIFF OMITTED] TR14DE00.014
    
    [GRAPHIC] [TIFF OMITTED] TR14DE00.015
    
Where:

Ei, Eo = Emission rate of TOC (minus methane and 
ethane) (ETOC) or emission rate of total organic HAP 
(EHAP) in the sample at the inlet and outlet of the control 
device, respectively, dry basis, kilogram per hour.
K2 = Constant, 2.494x10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram per 
gram) (minute per hour), where standard temperature (gram-mole per 
standard cubic meter) is 20 [deg]C.
n = Number of components in the sample.
Cij, Coj = Concentration on a dry basis of organic 
compound j in parts per million by volume of the gas stream at the inlet 
and outlet of the control device, respectively. If the TOC emission rate 
is being calculated, Cij and Coj include all 
organic compounds measured minus methane and ethane; if the total 
organic HAP emissions rate is being calculated, only organic HAP are 
included.
Mij, Moj = Molecular weight of organic compound j, 
gram per gram-mole, of the gas stream at the inlet and outlet of the 
control device, respectively.
Qi, Qo = Process vent flow rate, dry standard 
cubic meter per minute, at a temperature of 20 [deg]C, at the inlet and 
outlet of the control device, respectively.

    (B) Where the mass rate of TOC is being calculated, all organic 
compounds (minus methane and ethane) measured by Method 18 of appendix A 
of 40 CFR part 60 are summed using equations 158-3 and 158-4 of this 
section.
    (C) Where the mass rate of total regulated material is being 
calculated, only the species comprising the regulated material shall be 
summed using equations 158-3 and 158-4 of this section. Where the 
regulated material is organic HAP's, the list of organic HAP's provided 
in table 2 of 40 CFR part 63, subpart F, shall be used.
    (iii) The percent reduction in TOC (minus methane and ethane) or 
total regulated material shall be calculated using Equation 158-5 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.016

Where:

R = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or total 
regulated material at the inlet to the control device as calculated 
under paragraph (b)(4)(ii) of this section, kilograms TOC per hour or 
kilograms regulated material per hour.

[[Page 126]]

Eo = Mass rate of TOC (minus methane and ethane) or total 
regulated material at the outlet of the control device, as calculated 
under paragraph (b)(4)(ii) of this section, kilograms TOC per hour or 
kilograms total regulated material per hour.

    (iv) If the vent stream entering a boiler or process heater with a 
design capacity less than 44 megawatts (150 million British thermal 
units) is introduced with the combustion air or as a secondary fuel, the 
weight-percent reduction of total regulated material or TOC (minus 
methane and ethane) across the device shall be determined by comparing 
the TOC (minus methane and ethane) or total regulated material in all 
combusted vent streams and primary and secondary fuels with the TOC 
(minus methane and ethane) or total regulated material exiting the 
combustion device, respectively.
    (v) Method 25A of appendix A of 40 CFR part 60 may also be used for 
the purpose of determining compliance with the percent reduction 
requirement for transfer racks.
    (A) If Method 25A of appendix A of 40 CFR part 60 is used to measure 
the concentration of organic compounds (CTOC), the principal 
regulated material in the vent stream shall be used as the calibration 
gas.
    (B) An emission testing interval shall consist of each 15-minute 
period during the performance test. For each interval, a reading from 
each measurement shall be recorded.
    (C) The average organic compound concentration and the volume 
measurement shall correspond to the same emissions testing interval.
    (D) The mass at the inlet and outlet of the control device during 
each testing interval shall be calculated using Equation 158-6 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.017

Where:

Mj = Mass of organic compounds emitted during testing 
interval j, kilograms.
F = 10-6 = Conversion factor, (cubic meters regulated 
material per cubic meters air) * (parts per million by volume) 
-1.
K = Density, kilograms per standard cubic meter regulated material. You 
may use 659 kilograms per standard cubic meter regulated material. 
(Note: The density term cancels out when the percent reduction is 
calculated. Therefore, the density used has no effect. The density of 
hexane is given so that it can be used to maintain the units of 
Mj.)
Vs = Volume of air-vapor mixture exhausted at standard 
conditions, 20 [deg]C and 760 millimeters of mercury (30 inches of 
mercury), standard cubic meters.
Ct = Total concentration of organic compounds (as measured) 
at the exhaust vent, parts per million by volume, dry basis.

    (E) The organic compound mass emission rates at the inlet and outlet 
of the control device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR14DE00.018

[GRAPHIC] [TIFF OMITTED] TR14DE00.019

Where:

Ei, Eo = Mass flow rate of organic compounds at 
the inlet (i) and outlet (o) of the control device, kilograms per hour.
n = Number of testing intervals.
Mij, Moj = Mass of organic compounds at the inlet 
(i) or outlet (o) during testing interval j, kilograms.
T = Total time of all testing intervals, hours.

    (c) Halogen test method. An owner or operator using a halogen 
scrubber or other halogen reduction device to control halogenated vent 
streams in compliance with Sec. 65.63(b)(1) for process vents, or Sec. 
65.83(b)(1) for transfer racks, who is required to conduct a performance 
test to determine compliance with the control efficiency or emission 
limits for hydrogen halides and halogens, as specified in Sec. 
65.154(b), shall comply with the following procedures:
    (1) For an owner or operator determining compliance with the percent 
reduction of total hydrogen halides and halogens, sampling sites shall 
be located at the inlet and outlet of the scrubber or other halogen 
reduction device used to reduce halogen emissions. For an owner or 
operator determining compliance with the less than 0.45 kilogram per 
hour (0.99 pounds per hour) outlet emission limit for total hydrogen 
halides and halogens, the sampling site shall be located at the outlet 
of

[[Page 127]]

the scrubber or other halogen reduction device and prior to any releases 
to the atmosphere.
    (2) Except as provided in paragraph (a)(2) of this section, Method 
26 or Method 26A of appendix A of 40 CFR part 60 shall be used to 
determine the concentration, in milligrams per dry standard cubic meter, 
of total hydrogen halides and halogens that may be present in the vent 
stream. The mass emissions of each hydrogen halide and halogen compound 
shall be calculated from the measured concentrations and the gas stream 
flow rate.
    (3) To determine compliance with the percent removal efficiency, the 
mass emissions for any hydrogen halides and halogens present at the 
inlet of the halogen reduction device shall be summed together. The mass 
emissions of the compounds present at the outlet of the scrubber or 
other halogen reduction device shall be summed together. Percent 
reduction shall be determined by comparison of the summed inlet and 
outlet measurements.
    (4) To demonstrate compliance with the less than 0.45 kilogram per 
hour (0.99 pound per hour) outlet emission limit, the test results must 
show that the mass emission rate of total hydrogen halides and halogens 
measured at the outlet of the scrubber or other halogen reduction device 
is below 0.45 kilogram per hour (0.99 pound per hour).



Sec. 65.159  Flare compliance determination and monitoring records.

    (a) Conditions of flare compliance determination records. Upon 
request, the owner or operator shall make available to the Administrator 
such records as may be necessary to determine the conditions of flare 
compliance determinations performed pursuant to Sec. 65.147(b).
    (b) Flare compliance determination records. When using a flare to 
comply with this subpart, record the following information for each 
flare compliance determination performed pursuant to Sec. 65.147(b):
    (1) Flare design (i.e., steam-assisted, air-assisted, or 
nonassisted);
    (2) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
flare compliance determination; and
    (3) All periods during the flare compliance determination when all 
pilot flames are absent or, if only the flare flame is monitored, all 
periods when the flare flame is absent.
    (c) Monitoring records. Each owner or operator shall keep up to date 
and readily accessible hourly records of whether the flare flame or 
pilot flame monitors are continuously operating during the hour and 
whether the flare flame or at least one pilot flame is continuously 
present during the hour. For transfer racks, hourly records are required 
only while the transfer vent stream is being vented.
    (d) Compliance records. (1) Each owner or operator shall keep 
records of the times and duration of all periods during which the flare 
flame and all the pilot flames are absent. This record shall be 
submitted in the periodic reports as specified in Sec. 65.166(c).
    (2) Each owner or operator shall keep records of the times and 
durations of all periods during which the flare flame or pilot flame 
monitors are not operating.



Sec. 65.160  Performance test and TRE index value determination records.

    (a) Availability of performance tests records. Upon request, the 
owner or operator shall make available to the Administrator such records 
as may be necessary to determine the conditions of performance tests 
performed pursuant to Sec. 65.148(b), Sec. 65.149(b), Sec. 65.150(b), 
Sec. 65.151(b), Sec. 65.152(b), Sec. 65.154(b), or Sec. 65.155(b).
    (b) Nonflare control device and halogen reduction device performance 
test records. Each owner or operator subject to the provisions of this 
subpart shall keep up-to-date, readily accessible records of the data 
specified in paragraphs (b)(1) through (3) of this section, as 
applicable, measured during each performance test performed pursuant to 
Sec. 65.148(b), Sec. 65.149(b), Sec. 65.150(b), Sec. 65.151(b), 
Sec. 65.152(b), Sec. 65.154(b), or Sec. 65.155(b), and also include 
that data in the Initial Compliance Status Report as specified in Sec. 
65.164(a). The same data specified in paragraphs (b)(1) through (3) of 
this section, as applicable, shall

[[Page 128]]

be submitted in the reports of all subsequently required performance 
tests where either the emission control efficiency of a nonflare control 
device or the outlet concentration of TOC or regulated material is 
determined.
    (1) Nonflare combustion device. Where an owner or operator subject 
to the provisions of paragraph (b) of this section seeks to demonstrate 
compliance with a percent reduction requirement or a parts per million 
by volume requirement using a nonflare combustion device, the following 
information shall be recorded:
    (i) For thermal incinerators, record the fire box temperature 
measured at least every 15 minutes and averaged over the full period of 
the performance test.
    (ii) For catalytic incinerators, record the upstream and downstream 
temperatures and the temperature difference across the catalyst bed 
measured at least every 15 minutes and averaged over the full period of 
the performance test.
    (iii) For an incinerator, record the percent reduction of regulated 
material or TOC achieved by the incinerator determined as specified in 
Sec. 65.158(b)(4), as applicable, or the concentration of regulated 
material or TOC (parts per million by volume, by compound) determined as 
specified in Sec. 65.158(b)(3) at the outlet of the incinerator.
    (iv) For a boiler or process heater, record a description of the 
location at which the vent stream is introduced into the boiler or 
process heater.
    (v) For boilers or process heaters with a design heat input capacity 
less than 44 megawatts (150 British thermal units per hour) and where 
the vent stream is not introduced with or as the primary fuel, record 
the fire box temperature measured at least every 15 minutes and averaged 
over the full period of the performance test.
    (vi) For a boiler or process heater with a design heat input 
capacity of less than 44 megawatts (150 British thermal units per hour) 
and where the vent stream is not introduced with or as the primary fuel, 
record the percent reduction of regulated material or TOC, or the 
concentration of regulated material or TOC (parts per million by volume, 
by compound) determined as specified in Sec. 65.158(b)(3) at the outlet 
of the combustion device.
    (2) Other nonflare control devices. Where an owner or operator seeks 
to use an absorber, condenser, or carbon adsorber as a control device, 
the following information shall be recorded, as applicable:
    (i) Where an absorber is used as the control device, the exit 
specific gravity and average exit temperature of the absorbing liquid 
measured at least every 15 minutes and averaged over the same time 
period as the performance test (both measured while the vent stream is 
normally routed and constituted); or
    (ii) Where a condenser is used as the control device, the average 
exit (product side) temperature measured at least every 15 minutes and 
averaged over the same time period as the performance test while the 
vent stream is routed and constituted normally; or
    (iii) Where a carbon adsorber is used as the control device, the 
total regeneration stream mass flow during each carbon-bed regeneration 
cycle during the period of the performance test measured at least every 
15 minutes and averaged over the same time period as the performance 
test (full carbon-bed cycle), and temperature of the carbon-bed after 
each regeneration during the period of the performance test (and within 
15 minutes of completion of any cooling cycle or cycles); or
    (iv) As an alternative to paragraph (b)(2)(i), (ii), or (iii) of 
this section, the concentration level or reading indicated by the 
organics monitoring device at the outlet of the absorber, condenser, or 
carbon adsorber measured at least every 15 minutes and averaged over the 
same time period as the performance test while the vent stream is 
normally routed and constituted; and
    (v) For an absorber, condenser, or carbon adsorber used as a control 
device, the percent reduction of regulated material or TOC achieved by 
the control device determined as specified in Sec. 65.158(b)(4), or the 
concentration of regulated material or TOC (parts per million by volume, 
by compound) determined as specified in Sec. 65.158(b)(3) at the outlet 
of the control device.
    (3) Halogen reduction devices. When using a scrubber following a 
combustion device to control a halogenated

[[Page 129]]

vent stream, record the following information:
    (i) The percent reduction or scrubber outlet mass emission rate of 
total hydrogen halides and halogens as specified in Sec. 65.158(c);
    (ii) The pH of the scrubber effluent averaged over the time period 
of the performance test; and
    (iii) The scrubber liquid-to-gas ratio averaged over the time period 
of the performance test.
    (c) Recovery device monitoring records during the TRE index value 
determination. For Group 2A process vents, the following records, as 
applicable, shall be maintained and reported as specified in Sec. 
65.164(a)(3):
    (1) Where an absorber is the final recovery device in the recovery 
system, the exit specific gravity and average exit temperature of the 
absorbing liquid measured at least every 15 minutes and averaged over 
the same time period as the TRE index value determination (both measured 
while the vent stream is normally routed and constituted); or
    (2) Where a condenser is the final recovery device in the recovery 
system, the average exit (product side) temperature measured at least 
every 15 minutes and averaged over the same time period as the TRE index 
value determination while the vent stream is routed and constituted 
normally; or
    (3) Where a carbon adsorber is the final recovery device in the 
recovery system, the total regeneration stream mass flow measured at 
least every 15 minutes and averaged over the same time during each 
carbon-bed regeneration cycle during the period of the TRE index value 
determination, and temperature of the carbon-bed after each regeneration 
during the period of the TRE index value determination (and within 15 
minutes of completion of any cooling cycle or cycles); or
    (4) As an alternative to paragraph (c)(1), (2), or (3) of this 
section, the concentration level or reading indicated by an organics 
monitoring device at the outlet of the absorber, condenser, or carbon 
adsorber measured at least every 15 minutes and averaged over the same 
time period as the TRE index value determination while the vent stream 
is normally routed and constituted; and
    (5) All measurements and calculations performed to determine the TRE 
index value of the vent stream as specified in Sec. 65.64(h).
    (d) Halogen concentration records. Record the halogen concentration 
in the vent stream determined according to the procedures as specified 
in Sec. 65.63(b) or Sec. 65.83(b). Submit this record in the Initial 
Compliance Status Report, as specified in Sec. 65.165(d). If the owner 
or operator designates the vent stream as halogenated, then this shall 
be recorded and reported in the Initial Compliance Status Report.



Sec. 65.161  Continuous records and monitoring system data handling.

    (a) Continuous records. Where this subpart requires a monitoring 
device capable of providing a continuous record, the owner or operator 
shall maintain the record specified in paragraph (a)(1), (2), (3), or 
(4) of this section, as applicable (The provisions of this section apply 
to owners and operators of storage vessels and low-throughput transfer 
racks only if specified by the applicable monitoring plan established 
under Sec. 65.165(c)(1) and (2)):
    (1) A record of values measured at least once every 15 minutes or 
each measured value for systems that measure more frequently than once 
every 15 minutes; or
    (2) A record of block average values for 15-minute or shorter 
periods calculated from all measured data values during each period or 
from at least one measured data value per minute if measured more 
frequently than once per minute; or
    (3) For data collected from an automated continuous parameter 
monitoring system, a record of block hourly average values calculated 
from each 15-minute block average period or from at least one measured 
value per minute if measured more frequently than once per minute, and a 
record of the most recent 3 valid hours of continuous (15-minute or 
shorter) records meeting the requirements of paragraph (a)(1) or (2) of 
this section. Records meeting the requirements of paragraph (a)(1) or 
(2) of this section shall also be kept for all periods that include CPMS 
breakdown

[[Page 130]]

or malfunction. During these periods, it is not necessary to calculate 
hourly averages; or
    (4) A record as required by an alternative approved under Sec. 
65.162(d).
    (b) Excluded data. Monitoring data recorded during the following 
periods shall not be included in any average computed to determine 
compliance under this subpart:
    (1) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (2) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and
    (3) Startups, shutdowns, and malfunctions.
    (c) Records of daily averages. In addition to the records specified 
in paragraph (a) of this section, owners or operators shall also keep 
records as specified in paragraphs (c)(1) and (2) of this section unless 
an alternative monitoring or recordkeeping system has been requested and 
approved under Sec. 65.162(d).
    (1) Except as specified in paragraph (c)(2) of this section, daily 
average values of each continuously monitored parameter shall be 
calculated for each operating day. Data meeting the specifications of 
paragraph (b) of this section shall not be included in the average. The 
data shall be reported in the periodic report as specified in Sec. 
65.166(f), if applicable.
    (i) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day as 
specified in paragraph (a)(1), (2), or (3) of this section. The average 
shall cover a 24-hour period if operation is continuous, or the number 
of hours of operation per operating day if operation is not continuous 
(for example, for high-throughput transfer racks, the average shall 
cover periods of loading). If values are measured more frequently than 
once per minute, a single value for each minute may be used to calculate 
the daily average instead of all measured values.
    (ii) The operating day shall be the period defined in the operating 
permit or the Initial Compliance Status Report. It may be from midnight 
to midnight or another daily period.
    (2) If all monitored parameter values recorded under paragraph 
(a)(1), (2), or (3) of this section, during an operating day are within 
the range established in the Initial Compliance Status Report or in the 
operating permit, the owner or operator does not have to calculate a 
daily average value for the operating day and may record that all values 
were within the range. The owner or operator must continue to retain the 
raw data, 15-minute averages, or the hourly averages required under 
paragraph (a)(1), (2), or (3) of this section.
    (d) Valid data. Unless determined to be excluded data according to 
paragraph (b) of this section, the data collected pursuant to paragraphs 
(a) through (c) of this section shall be considered valid.
    (e) Alternative recordkeeping. For any parameter with respect to any 
item of equipment, the owner or operator may implement the recordkeeping 
requirements in paragraph (e)(1) or (2) of this section as alternatives 
to the continuous parameter monitoring and recordkeeping provisions 
listed in paragraphs (a) through (c) of this section. The owner or 
operator shall retain each record required by paragraph (e)(1) or (2) of 
this section as provided in Sec. 65.4.
    (1) The owner or operator may retain only the daily average value 
and is not required to retain more frequently monitored operating 
parameter values for a monitored parameter with respect to an item of 
equipment if the requirements of paragraphs (e)(1)(i) through (vi) of 
this section are met. The owner or operator shall notify the 
Administrator of implementation of paragraph (e)(1) of this section in 
the Initial Compliance Status Report as required in Sec. 65.165(e) or, 
if the Initial Compliance Status Report has already been submitted, in 
the periodic report as required in Sec. 65.166(f)(4) immediately 
preceding implementation of the requirements of paragraph (e)(1) of this 
section.
    (i) The monitoring system can detect unrealistic or impossible data 
during periods of operation other than startups, shutdowns, or 
malfunctions (for example, a temperature reading of -200 [deg]C on a 
boiler) and will alert the

[[Page 131]]

operator by alarm or other means. The owner or operator shall record the 
occurrence. All instances of the alarm or other alert in an operating 
day constitute a single occurrence.
    (ii) The monitoring system shall generate a running average of the 
monitoring values, updated at least hourly throughout each operating 
day, that have been obtained during that operating day, and the 
capability to observe this average is readily available to the 
Administrator on-site during the operating day. All instances in an 
operating day constitute a single occurrence. The owner or operator 
shall record the occurrence of any period meeting the following 
criteria:
    (A) The running average is above the maximum or below the minimum 
established limits;
    (B) The running average is based on at least six 1-hour average 
values;
    (C) The running average reflects a period of operation other than a 
startup, shutdown, or malfunction.
    (iii) The monitoring system shall be capable of detecting unchanging 
data during periods of operation other than startups, shutdowns, or 
malfunctions except in circumstances where the presence of unchanging 
data is the expected operating condition based on past experience (for 
example, pH in some scrubbers), and will alert the operator by alarm or 
other means. The owner or operator shall record the occurrence. All 
instances of the alarm or other alert in an operating day constitute a 
single occurrence.
    (iv) The monitoring system shall alert the owner or operator by an 
alarm if the running average parameter value calculated under paragraph 
(e)(1)(ii) of this section reaches a set point that is appropriately 
related to the established limit for the parameter that is being 
monitored.
    (v) The owner or operator shall verify and document the proper 
functioning of the monitoring system, including its ability to comply 
with the requirements of paragraph (e)(1) of this section, at the 
following times:
    (A) Upon initial installation;
    (B) Annually after initial installation; and
    (C) After any change to the programming or equipment constituting 
the monitoring system, that might reasonably be expected to alter the 
monitoring system's ability to comply with the requirements of this 
section.
    (vi) The owner or operator shall retain the following records:
    (A) Identification of each parameter for each item of equipment for 
which the owner or operator has elected to comply with the requirements 
of Sec. 65.162(e).
    (B) A description of the applicable monitoring system(s) and of how 
compliance will be achieved with each requirement of paragraphs 
(e)(1)(i) through (v) of this section. The description shall identify 
the location and format (for example, on-line storage; log entries) for 
each required record. If the description changes, the owner or operator 
shall retain both the current and the most recent outdated description.
    (C) A description and the date of any change to the monitoring 
system that would reasonably be expected to affect its ability to comply 
with the requirements of paragraph (e)(1) of this section.
    (D) Owners and operators shall retain the current description of the 
monitoring system as long as the description is current, but not less 
than 5 years from the date of its creation. The current description 
shall be retained on-site at all times or be accessible from a central 
location by computer or other means that provide access within 2 hours 
after a request. The owner or operator shall retain the most recent 
outdated description at least until 5 years from the date of its 
creation. The outdated description shall be retained on-site (or 
accessible from a central location by computer that provides access 
within 2 hours after a request) at least 6 months after being outdated. 
Thereafter, the outdated description may be stored off-site.
    (2) If an owner or operator has elected to implement the 
requirements of paragraph (e)(1) of this section and a period of 6 
consecutive months has passed without an excursion as defined in 
paragraph (e)(2)(iv) of this section, the owner or operator is no longer 
required to record the daily average value for that parameter for that 
unit of equipment for any operating day when the daily average value is 
less

[[Page 132]]

than the maximum or greater than the minimum established limit. With 
approval by the Administrator, monitoring data generated prior to the 
compliance date of this subpart shall be credited toward the period of 6 
consecutive months if the parameter limit and the monitoring were 
required and/or approved by the Administrator.
    (i) If the owner or operator elects not to retain the daily average 
values, the owner or operator shall notify the Administrator in the next 
periodic report. The notification shall identify the parameter and unit 
of equipment.
    (ii) If there is an excursion as defined in paragraph (e)(2)(iv) of 
this section on any operating day after the owner or operator has ceased 
recording daily averages as provided in paragraph (e)(2) of this 
section, the owner or operator shall immediately resume retaining the 
daily average value for each day and shall notify the Administrator in 
the next periodic report. The owner or operator shall continue to retain 
each daily average value until another period of 6 consecutive months 
has passed without an excursion.
    (iii) The owner or operator shall retain the records specified in 
paragraphs (e)(1)(i) through (vi) of this section for the duration 
specified in Sec. 65.4. For any calendar week, if compliance with 
paragraphs (e)(1)(i) through (iv) of this section does not result in 
retention of a record of at least one occurrence or measured parameter 
value, the owner or operator shall record and retain at least one 
parameter value during a period of operation other than a startup, 
shutdown, or malfunction.
    (iv) For purposes of paragraph (e) of this section, an excursion 
means that the daily average value of monitoring data for a parameter is 
greater than the maximum or less than the minimum established value 
except as provided in the following:
    (A) The daily average value during any startup, shutdown, or 
malfunction shall not be considered an excursion for purposes of this 
paragraph (e) if the owner or operator operates the source in accordance 
with Sec. 65.3(a).
    (B) Excused excursions described in Sec. 65.156(d)(2) and 
excursions described in Sec. 65.156(d)(3) do not count toward the 
number of excursions for purposes of this paragraph (e).

[65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006]



Sec. 65.162  Nonflare control and recovery device monitoring records.

    (a) Monitoring system records. For process vents and high-throughput 
transfer racks, the owner or operator subject to this subpart shall keep 
the records specified in paragraph (a) of this section as well as 
records specified elsewhere in this part.
    (1) For CPMS used to comply with this part, a record of the 
procedure used for calibrating the CPMS.
    (2) For CPMS used to comply with this subpart, records of the 
following information, as applicable:
    (i) The date and time of completion of calibration and preventive 
maintenance of the CPMS;
    (ii) The ``as found'' and ``as left'' CPMS readings whenever an 
adjustment is made that affects the CPMS reading and a ``no adjustment'' 
statement otherwise;
    (iii) The start time and duration or start and stop time of any 
periods when the CPMS is inoperative or malfunctioning;
    (iv) Records of the occurrence and duration of each startup, 
shutdown, and malfunction of CPMS used to comply with this part during 
which excess emissions (as defined in Sec. 65.3(a)(4)) occur; and
    (v) For each startup, shutdown, and malfunction during which excess 
emissions as defined in Sec. 65.3(a)(4) of this part occur, records 
whether the procedures specified in the source's startup, shutdown, and 
malfunction plan were followed and documentation of actions taken that 
are not consistent with the plan. These records may take the form of a 
checklist, or other form of recordkeeping that confirms conformance with 
the startup, shutdown, and malfunction plan for the event.
    (3) Records of startup, shutdown, and malfunction and CPMS 
calibration and maintenance are not required if they pertain solely to 
Group 2A process vents.
    (b) Combustion control and halogen reduction device monitoring 
records. (1)

[[Page 133]]

Each owner or operator using a combustion control or halogen reduction 
device to comply with this subpart shall keep, as applicable, up-to-date 
and readily accessible continuous records, as specified in Sec. 
65.161(a); and records of the equipment operating parameters specified 
to be monitored under Sec. 65.148(c) (incinerator monitoring); Sec. 
65.149(c) (boiler and process heater monitoring); Sec. 65.154(c) 
(halogen reduction device monitoring); Sec. 65.155(c) (other control 
device monitoring); or specified by the Administrator in accordance with 
paragraph (e) of this section.
    (2) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in Sec. 65.161(c)(1). 
For catalytic incinerators, record the daily average of the temperature 
upstream of the catalyst bed and the daily average of the temperature 
differential across the bed. For halogen scrubbers, record the daily 
average pH and the liquid-to-gas ratio.
    (3) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded and report 
these exceedances as specified in Sec. 65.166(f)(1). The parameter 
boundaries are established pursuant to Sec. 65.148(c)(2) (incinerator 
monitoring), Sec. 65.149(c)(2) (boiler and process heater monitoring), 
Sec. 65.154(c)(2) (halogen reduction device monitoring), or Sec. 
65.155(c)(2) (other control device monitoring), as applicable.
    (c) Monitoring records for recovery devices on Group 2A process 
vents and for absorbers, condensers, carbon adsorbers, or other 
noncombustion systems used as control devices. (1) Each owner or 
operator using a recovery device to achieve and maintain a TRE index 
value greater than 1.0 but less than 4.0 or using an absorber, 
condenser, carbon adsorber, or other noncombustion system as a control 
device shall keep readily accessible, continuous records, as specified 
in Sec. 65.161(a), of the equipment operating parameters specified to 
be monitored under Sec. 65.150(c) (absorber monitoring), Sec. 
65.151(c) (condenser monitoring), Sec. 65.152(c) (carbon adsorber 
monitoring), Sec. 65.153(c) (recovery device monitoring) or Sec. 
65.155(c) (other control device monitoring), or specified by the 
Administrator in accordance with paragraph (e) of this section. For 
transfer racks, continuous records are required while the transfer vent 
stream is being vented.
    (2) Each owner or operator shall keep records of the daily average 
value of each continuously monitored parameter for each operating day 
determined according to the procedures specified in Sec. 65.161(c)(1). 
If carbon adsorber regeneration stream flow and carbon bed regeneration 
temperature are monitored, the following records shall be kept instead 
of the daily averages, and the records shall be reported as specified in 
Sec. 65.166(f)(2):
    (i) Records of total regeneration stream mass or volumetric flow for 
each carbon-bed regeneration cycle; and
    (ii) Records of the temperature of the carbon bed after each 
regeneration and within 15 minutes of completing any cooling cycle.
    (3) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible records of periods of 
operation during which the parameter boundaries are exceeded and report 
these exceedances as specified in Sec. 65.166(f)(1). The parameter 
boundaries are established pursuant to Sec. 65.150(c)(2) (absorber 
monitoring), Sec. 65.151(c)(2) (condenser monitoring), Sec. 
65.152(c)(2) (carbon adsorber monitoring), or Sec. 65.155(c)(2) (other 
control device monitoring), as applicable.
    (d) Alternatives to the continuous operating parameter monitoring 
and recordkeeping provisions. An owner or operator may request approval 
to use alternatives to the continuous operating parameter monitoring and 
recordkeeping provisions listed in Sec. Sec. 65.148(c), 65.149(c), 
65.150(c), 65.151(c), 65.152(c), 65.153(c), 65.154(c), 65.160, and 
paragraphs (b) and (c) of this section.
    (1) Requests shall be included in the operating permit application 
or as otherwise specified by the permitting authority and shall contain 
the information specified in paragraphs (d)(3) through (5) of this 
section, as applicable.

[[Page 134]]

    (2) The provisions in Sec. 65.7(c) shall govern the review and 
approval of requests.
    (3) An owner or operator of a source that does not have an automated 
monitoring and recording system capable of measuring parameter values at 
least once every 15 minutes and generating continuous records may 
request approval to use a nonautomated system with less frequent 
monitoring.
    (i) The requested system shall include manual reading and recording 
of the value of the relevant operating parameter no less frequently than 
once per hour. Daily average values shall be calculated from these 
hourly values and recorded.
    (ii) The request shall contain the following information:
    (A) A description of the planned monitoring and recordkeeping 
system;
    (B) Documentation that the source does not have an automated 
monitoring and recording system capable of meeting the specified 
requirements;
    (C) Justification for requesting an alternative monitoring and 
recordkeeping system; and
    (D) Demonstration to the Administrator's satisfaction that the 
proposed monitoring frequency is sufficient to represent control device 
operating conditions considering typical variability of the specific 
process and control device operating parameter being monitored.
    (4) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
15 minutes) but records all values that meet set criteria for variation 
from previously recorded values.
    (i) The requested system shall be designed to perform the following 
functions:
    (A) Measure the operating parameter value at least once every 15 
minutes;
    (B) Record at least four values each hour during periods of 
operation;
    (C) Record the date and time when monitors are turned off or on;
    (D) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident; and
    (E) Compute daily average values of the monitored operating 
parameter based on recorded data. If the daily average is not an 
excursion as defined in Sec. 65.161(e)(2)(iv), the data for that 
operating day may be converted to hourly average values, and the four or 
more individual records for each hour in the operating day may be 
discarded.
    (ii) The request shall contain a description of the monitoring 
system and data compression recording system, including the criteria 
used to determine which monitored values are recorded and retained, the 
method for calculating averages, and a demonstration that the system 
meets all criteria in paragraph (d)(4)(i) of this section.
    (5) An owner or operator may request approval to use other 
alternative monitoring and recordkeeping systems as specified in Sec. 
65.7(b). The application shall contain a description of the proposed 
alternative system. In addition, the application shall include 
information justifying the owner or operator's request for an 
alternative monitoring method, such as the technical or economic 
infeasibility, or the impracticality, of the regulated source using the 
required method.
    (e) Monitoring a different parameter than those listed. The owner or 
operator who has been directed by Sec. 65.154(c)(2) or Sec. 
65.155(c)(1) to set monitoring parameters, or who requests as allowed by 
Sec. 65.156(e) approval to monitor a different parameter than those 
listed in Sec. 65.148(c), Sec. 65.149(c), Sec. 65.150(c), Sec. 
65.151(c), Sec. 65.152(c), Sec. 65.153(c), Sec. 65.154(c), Sec. 
65.160, or paragraph (b) or (c) of this section, shall submit the 
following information with the operating permit application or as 
otherwise specified by the permitting authority:
    (1) A description of the parameter(s) to be monitored to ensure the 
process, control technology, or pollution prevention measure is operated 
in conformance with its design and achieves the specified emission 
limit, percent reduction, or nominal efficiency, and an explanation of 
the criteria used to select the parameter(s).
    (2) A description of the methods and procedures that will be used to 
demonstrate that the parameter indicates proper operation of the control 
device, the schedule for this demonstration,

[[Page 135]]

and a statement that the owner or operator will establish a range for 
the monitored parameter as part of the Initial Compliance Status Report 
required in Sec. 65.5(d) unless this information has already been 
included in the operating permit application or previously established 
under a referencing subpart.
    (3) The frequency and content of monitoring, recording, and 
reporting if monitoring and recording is not continuous, or if reports 
of daily average values when the monitored parameter value is outside 
the range established in the operating permit or Initial Compliance 
Status Report will not be included in Periodic Reports as specified in 
Sec. 65.166(e). The rationale for the proposed monitoring, recording, 
and reporting system shall be included.



Sec. 65.163  Other records.

    (a) Closed vent system records. For closed vent systems, the owner 
or operator shall record the following information, as applicable:
    (1) For each closed vent system that contains bypass lines that 
could divert a vent stream away from the control device and to the 
atmosphere, the owner or operator shall keep a record of the information 
specified in either paragraph (a)(1)(i) or (ii) of this section, as 
applicable. The information shall be reported as specified in Sec. 
65.166(b).
    (i) Hourly records of whether the flow indicator specified under 
Sec. 65.143(a)(3)(i) was operating and whether a diversion was detected 
at any time during the hour, as well as records of the times of all 
periods when the vent stream is diverted from the control device or the 
flow indicator is not operating.
    (ii) Where a seal mechanism is used to comply with Sec. 
65.143(a)(3)(ii), hourly records of flow are not required. In such 
cases, the owner or operator shall record that the monthly visual 
inspection of the seals or closure mechanisms has been done and shall 
record the occurrence of all periods when the seal mechanism is broken, 
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that has 
been broken.
    (2) For closed vent systems collecting regulated material from a 
storage vessel, transfer rack, or equipment leak, the owner or operator 
shall record the identification of all parts of the closed vent system 
that are designated as unsafe or difficult-to-inspect pursuant to Sec. 
65.143(b)(2) or (3), an explanation of why the equipment is unsafe or 
difficult-to-inspect, and the plan for inspecting the equipment as 
required by Sec. 65.143(b)(2)(ii) or (b)(3)(ii).
    (3) For a closed vent system collecting regulated material from a 
storage vessel, transfer rack, or equipment leaks, when a leak is 
detected as specified in Sec. 65.143(d)(1), the information specified 
in paragraphs (a)(3)(i) through (vi) of this section shall be recorded. 
The data shall be reported as specified in Sec. 65.166(b)(1).
    (i) The instrument and the equipment identification number and the 
operator name, initials, or identification number.
    (ii) The date the leak was detected and the date of the first 
attempt to repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) The maximum instrument reading measured by the procedures in 
Sec. 65.143(c) after the leak is successfully repaired or determined to 
be nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak. The owner 
or operator may develop a written procedure that identifies the 
conditions that justify a delay of repair. In such cases, reasons for 
delay of repair may be documented by citing the relevant sections of the 
written procedure.
    (vi) Copies of the periodic reports if records are not maintained on 
a computerized database capable of generating summary reports from the 
records.
    (4) For each instrumental or visual inspection conducted in 
accordance with Sec. 65.143(b)(1) for closed vent systems collecting 
regulated material from a storage vessel, transfer rack, or equipment 
leaks during which no leaks are detected, the owner or operator shall 
record that the inspection was performed, the date of the inspection, 
and a statement that no leaks were detected.

[[Page 136]]

    (5) For instrument response factor criteria determinations performed 
pursuant to Sec. 65.143(c)(1)(ii), the owner or operator shall maintain 
a record of an engineering assessment that identifies the representative 
composition of the process fluid. This assessment shall be based on 
knowledge of the compounds present in the process, similarity of 
response factors for the materials present, the range of compositions 
encountered during monitoring, or other information available to the 
owner or operator.
    (b) Storage vessel and transfer rack records. For storage vessels, 
an owner or operator shall keep readily accessible records of the 
information specified in paragraphs (b)(1) through (3) of this section, 
as applicable. For low-throughput transfer racks, an owner or operator 
shall keep readily accessible records of the information specified in 
paragraph (b)(1) of this section.
    (1) A record of the measured values of the parameters monitored in 
accordance with Sec. 65.145(c)(2) and report in the periodic report as 
specified in Sec. 65.166(e), if applicable.
    (2) A record of the planned routine maintenance performed on the 
control system during which the control system does not meet the 
applicable specifications of Sec. 65.143(a), Sec. 65.145(a), or Sec. 
65.147(a), as applicable, due to the planned routine maintenance. Such a 
record shall include the information specified in paragraphs (b)(2)(i) 
through (iii) of this section. This information shall be submitted in 
the periodic reports as specified in Sec. 65.166(d)(1).
    (i) The first time of day and date the requirements of Sec. 
65.143(a), Sec. 65.145(a), or Sec. 65.147(a), as applicable, were not 
met at the beginning of the planned routine maintenance.
    (ii) The first time of day and date the requirements of Sec. 
65.143(a), Sec. 65.145(a), or Sec. 65.147(a), as applicable, were met 
at the conclusion of the planned routine maintenance.
    (iii) A description of the type of maintenance performed.
    (3) Bypass records for storage vessel emissions routed to a process 
or fuel gas system. An owner or operator who uses the bypass provisions 
of Sec. 65.144(a)(2) shall keep in a readily accessible location the 
following records:
    (i) The reason it was necessary to bypass the process equipment or 
fuel gas system;
    (ii) The duration of the period when the process equipment or fuel 
gas system was bypassed;
    (iii) Documentation or certification of compliance with the 
applicable provisions of Sec. 65.42(b)(6).
    (c) Regulated source and control equipment startup, shutdown and 
malfunction records. (1) Records of the occurrence and duration of each 
startup, shutdown, and malfunction of process equipment or of air 
pollution control equipment used to comply with this part during which 
excess emissions (as defined in Sec. 65.3(a)(4)) occur.
    (2) For each startup, shutdown, and malfunction during which excess 
emissions occur, records whether the procedures specified in the 
source's startup, shutdown, and malfunction plan were followed, and a 
description of actions taken to minimize emissions. For example, if a 
startup, shutdown, and malfunction plan includes procedures for routing 
control device emissions to a backup control device (for example, the 
incinerator for a halogenated stream could be routed to a flare during 
periods when the primary control device is out of service), records must 
be kept of whether the plan was followed. These records may take the 
form of a checklist or other form of recordkeeping that confirms 
conformance with the startup, shutdown, and malfunction plan for the 
event.
    (3) Records of startup, shutdown, and malfunction and continuous 
monitoring system calibration and maintenance are not required if they 
pertain solely to Group 2A process vents.
    (d) Equipment leak records. The owner or operator shall maintain 
records of the information specified in paragraphs (d)(1) and (2) of 
this section for closed vent systems and control devices subject to the 
provisions of subpart F of this part. The owner or operator shall meet 
the record retention requirements of Sec. 65.4, except the records 
specified in paragraph (d)(1) of this section shall be kept as long as 
the equipment is in operation.
    (1) The following design specifications and performance 
demonstrations:

[[Page 137]]

    (i) Detailed schematics, design specifications of the control 
device, and piping and instrumentation diagrams.
    (ii) The dates and descriptions of any changes in the design 
specifications.
    (iii) A description of the parameter or parameters monitored as 
required in Sec. 65.146(c) to ensure that control devices are operated 
and maintained in conformance with their design, and an explanation of 
why that parameter (or parameters) was selected for the monitoring.
    (2) The following records of operation of closed vent systems and 
control devices:
    (i) Dates and durations when the closed vent systems and control 
devices required in Sec. 65.115(b) are not operated as designed as 
indicated by the monitored parameters, including periods when a flare 
flame or at least one pilot flame is not present.
    (ii) Dates and durations during which the monitoring system or 
monitoring device is inoperative.
    (iii) Dates and durations of startups and shutdowns of control 
devices required in Sec. 65.115(b).
    (e) Records of monitored parameters outside of range. The owner or 
operator shall record the occurrences and the cause of periods when the 
monitored parameters are outside of the parameter ranges documented in 
the Initial Compliance Status Report in accordance with Sec. 65.165(b). 
This information shall be reported in the periodic report as specified 
in Sec. 65.166(e).

[65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006]



Sec. 65.164  Performance test and flare compliance determination notifications 

and reports.

    (a) Performance test and flare compliance determination reports. 
Performance test reports and flare compliance determination reports 
shall be submitted as specified in paragraphs (a)(1) through (3) of this 
section.
    (1) For performance tests or flare compliance determinations, the 
Initial Compliance Status Report or report required by paragraph (b)(2) 
of this section shall include one complete test report as specified in 
paragraph (a)(2) of this section for each test method used for a 
particular kind of emission point, and other applicable information 
specified in paragraph (a)(3) of this section. For additional tests 
performed for the same kind of emission point using the same method, the 
results and any other information required in applicable sections of 
this subpart or in other subparts of this part shall be submitted, but a 
complete test report is not required.
    (2) A complete test report shall include a brief process 
description, sampling site description, description of sampling and 
analysis procedures and any modifications to standard procedures, 
quality assurance procedures, record of operating conditions during the 
test, record of preparation of standards, record of calibrations, raw 
data sheets for field sampling, raw data sheets for field and laboratory 
analyses, documentation of calculations, and any other information 
required by the test method.
    (3) The performance test or flare compliance determination report 
shall also include the following information, as applicable:
    (i) For flare compliance determinations, the owner or operator shall 
submit the records specified in Sec. 65.159(b).
    (ii) For nonflare combustion device and halogen reduction device 
performance tests as required under Sec. 65.148(b), Sec. 65.149(b), 
Sec. 65.150(b), Sec. 65.151(b), Sec. 65.152(b), Sec. 65.154(b), or 
Sec. 65.155(b), the owner or operator shall submit the applicable 
records specified in Sec. 65.160(b).
    (iii) For Group 2A process vents, the owner or operator shall submit 
the records specified in Sec. 65.160(c), as applicable.
    (b) Other notifications and reports. (1) The owner or operator shall 
notify the Administrator of the intention to conduct a performance test 
at least 30 calendar days before the performance test is scheduled to 
allow the Administrator the opportunity to have an observer present. If 
after 30 days notice for an initially scheduled performance test, there 
is a delay (due to operational problems, etc.) in conducting the 
scheduled performance test, the owner or operator of an affected 
facility shall notify the Administrator as soon as possible of any delay 
in the original test date. The owner or operator shall provide at least 
7 days prior

[[Page 138]]

notice of the rescheduled date of the performance test or arrange a 
rescheduled date with the Administrator by mutual agreement.
    (2) Unless specified differently in this subpart or another subpart 
of this part, performance test and flare compliance determination 
reports not submitted as part of an Initial Compliance Status Report 
shall be submitted to the Administrator within 60 days of completing the 
test or determination.
    (3) Any application for a waiver of an initial performance test or 
flare compliance determination as allowed by Sec. 65.157(b)(2), shall 
be submitted no later than 90 calendar days before the performance test 
or flare compliance determination is required. The application for a 
waiver shall include information justifying the owner or operator's 
request for a waiver, such as the technical or economic infeasibility, 
or the impracticality, of the source performing the test.



Sec. 65.165  Initial Compliance Status Reports.

    (a) An owner or operator who elects to comply with Sec. 65.144 by 
routing emissions from a storage vessel or transfer rack to a process or 
to a fuel gas system shall submit as part of the Initial Compliance 
Status Report the following information, as applicable:
    (1) If storage vessel emissions are routed to a process, the owner 
or operator shall submit the information specified in Sec. 
65.144(b)(3).
    (2) As specified in Sec. 65.144(c), if storage vessel emissions are 
routed to a fuel gas system, the owner or operator shall submit a 
statement that the emission stream is connected to a fuel gas system.
    (3) As specified in Sec. 65.144(c), report that the transfer rack 
emission stream is being routed to a fuel gas system or process when 
complying with the requirements of Sec. 65.83(a)(4).
    (b) An owner or operator who elects to comply with Sec. 65.145 by 
routing emissions from a storage vessel or low-throughput transfer rack 
to a nonflare control device or halogen reduction device shall submit 
with the Initial Compliance Status Report required by Sec. 65.5(d) the 
applicable information specified in paragraphs (b)(1) through (6) of 
this section. Owners and operators who elect to comply with Sec. 
65.145(b)(1)(i) or (b)(3)(i) by submitting a design evaluation shall 
submit the information specified in paragraphs (b)(1) through (4) of 
this section. Owners and operators who elect to comply with Sec. 
65.145(b)(1)(ii) or (b)(3)(ii) by submitting performance test results 
shall submit the information specified in paragraphs (b)(1), (2), (4), 
and (5) of this section. Owners and operators who elect to comply with 
Sec. 65.145(b)(1)(iii) or (b)(3)(iii) by submitting performance test 
results for a shared control device or halogen reduction device shall 
submit the information specified in paragraph (b)(6) of this section.
    (1) A description of the parameter or parameters to be monitored to 
ensure that the control device or halogen reduction device is being 
properly operated and maintained, an explanation of the criteria used 
for selection of that parameter (or parameters), and the frequency with 
which monitoring will be performed (for example, when the liquid level 
in the storage vessel is being raised). If continuous records are 
specified, indicate whether the provisions of Sec. 65.166(f) apply.
    (2) The operating range for each monitoring parameter identified in 
the monitoring plan required by Sec. 65.145(c)(1). The specified 
operating range shall represent the conditions for which the control 
device or halogen reduction device is being properly operated and 
maintained.
    (3) The documentation specified in Sec. 65.145(b)(1)(i), if the 
owner or operator elects to prepare a design evaluation; and the 
documentation specified in Sec. 65.145(b)(3)(i), if the owner or 
operator elects to prepare a design evaluation for a halogen reduction 
device.
    (4) The provisions of Sec. 65.166(f) do not apply to any low-
throughput transfer rack for which the owner or operator has elected to 
comply with Sec. 65.145 or to any storage vessel for which the owner or 
operator is not required to keep continuous records, as specified by the 
applicable monitoring plan established under Sec. 65.145(c)(1) and (2). 
If continuous records are required, the owner or operator shall specify 
in the monitoring plan whether the provisions of Sec. 65.166(f) apply.

[[Page 139]]

    (5) A summary of the results of the performance test described in 
Sec. 65.145(b)(1)(ii), (1)(iii), (3)(ii), and/or (3)(iii), as 
applicable. If a performance test is conducted as provided in Sec. 
65.145(b)(1)(ii) and/or (b)(3)(ii), submit the results of the 
performance test, including the information specified in Sec. 
65.164(a)(1) and (2).
    (6) Identification of the storage vessel or low-throughput transfer 
rack and control device and/or halogen reduction device for which the 
performance test will be submitted, and identification of the emission 
point(s), if any, that share the control device and/or halogen reduction 
device with the storage vessel or low-throughput transfer rack and for 
which the performance test will be conducted.
    (c) The owner or operator shall submit as part of the Initial 
Compliance Status Report the operating range for each monitoring 
parameter identified for each control, recovery, or halogen reduction 
device as determined in Sec. Sec. 65.148(c)(2), 65.149(c)(2), 
65.150(c)(2), 65.151(c)(2), 65.152(c)(2), 65.153(c)(5), 65.154(c)(3), 
and 65.155(c)(2). The specified operating range shall represent the 
conditions for which the control, recovery, or halogen reduction device 
is being properly operated and maintained. This report shall include the 
information in paragraphs (c)(1) through (3) of this section, as 
applicable, unless the range and the operating day definition have been 
established in the operating permit:
    (1) The specific range of the monitored parameter(s) for each 
emission point.
    (2) The rationale for the specific range for each parameter for each 
emission point, including any data and calculations used to develop the 
range and a description of why the range indicates proper operation of 
the control, recovery, or halogen reduction device, as specified in the 
following, as applicable:
    (i) If a performance test or TRE index value determination is 
required by this subpart or another subpart of this part for a control, 
recovery or halogen removal device, the range shall be based on the 
parameter values measured during the TRE index value determination or 
performance test and may be supplemented by engineering assessments and/
or manufacturer's recommendations. The TRE index value determinations 
and performance testing is not required to be conducted over the entire 
range of permitted parameter values.
    (ii) If a performance test or TRE index value determination is not 
required by this subpart or other subparts of this part for a control, 
recovery, or halogen reduction device, the range may be based solely on 
engineering assessments and/or manufacturer's recommendations.
    (iii) The range may be based on ranges or limits previously 
established under a referencing subpart.
    (3) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.
    (d) Halogen reduction device. The owner or operator shall submit as 
part of the Initial Compliance Status Report the information recorded 
pursuant to Sec. 65.160(d).
    (e) Alternative recordkeeping. The owner or operator shall notify 
the Administrator in the Initial Compliance Status Report if the 
alternative recordkeeping provisions of Sec. 65.161(e)(1) are being 
implemented. If the Initial Compliance Status Report has been submitted, 
the notification must be in the periodic report submitted immediately 
preceding implementation of the alternative, as provided in Sec. 
65.166(f)(4).
    (f) Exemptions from performance tests and design evaluation. The 
owner or operator shall identify in the Initial Compliance Status Report 
whether an exemption from performance testing or conducting a design 
evaluation, as provided in Sec. 65.145(b)(2), Sec. 65.148(b)(2), or 
Sec. 65.149(b)(2), is being invoked, and which of the provisions of 
Sec. 65.145(b)(2), Sec. 65.148(b)(2), or Sec. 65.149(b)(2) apply.



Sec. 65.166  Periodic reports.

    (a) Periodic reports shall include the reporting period dates, the 
total source operating time for the reporting period, and, as 
applicable, all information specified in this section and in other 
subparts of this part, including reports

[[Page 140]]

of periods when monitored parameters are outside their established 
ranges.
    (b) For closed vent systems subject to the requirements of Sec. 
65.143, the owner or operator shall submit as part of the periodic 
report the following information, as applicable:
    (1) The information recorded in Sec. 65.163(a)(3)(ii) through (v);
    (2) Reports of the times of all periods recorded under Sec. 
65.163(a)(1)(i) when the vent stream is diverted from the control device 
through a bypass line; and
    (3) Reports of all times recorded under Sec. 65.163(a)(1)(ii) when 
maintenance is performed on car-sealed valves, when the seal is broken, 
when the bypass line valve position is changed, or the key for a lock-
and-key type configuration has been checked out.
    (c) For flares subject to this subpart, report all periods when all 
pilot flames were absent or the flare flame was absent as recorded in 
Sec. 65.159(d)(1).
    (d) For storage vessels, the owner or operator shall include in each 
periodic report required the following information:
    (1) For the 6-month period covered by the periodic report, the 
information recorded in Sec. 65.163(b)(2)(i) through (iii).
    (2) For the time period covered by the periodic report and the 
previous periodic report, the total number of hours that the control 
system did not meet the requirements of Sec. 65.143(a), Sec. 
65.145(a), or Sec. 65.147(a) due to planned routine maintenance.
    (3) A description of the planned routine maintenance that is 
anticipated to be performed for the control system during the next 6-
month periodic reporting period when the control system is not expected 
to meet the required control efficiency. This description shall include 
the type of maintenance necessary, planned frequency of maintenance, and 
expected lengths of maintenance periods.
    (e) If a nonflare control device, including a halogen reduction 
device for a low-throughput transfer rack, is used to control emissions 
from storage vessels or low-throughput transfer racks, the periodic 
report shall identify and state the cause for each occurrence when the 
monitored parameters were outside of the parameter ranges documented in 
the Initial Compliance Status Report in accordance with Sec. 65.165(b).
    (f) For process vents and high-throughput transfer racks, periodic 
reports shall include the following information:
    (1) Periodic reports shall include the daily average values of 
monitored parameters, calculated as specified in Sec. 65.161(c)(1) for 
any days when the daily average value is outside the bounds as specified 
in Sec. 65.162(b)(3) or (c)(3), or the data availability requirements 
defined in Sec. 65.156(d)(1) are not met, whether these excursions are 
excused or unexcused excursions. For excursions caused by lack of 
monitoring data, the duration of periods when monitoring data were not 
collected shall be specified.
    (2) Report all carbon-bed regeneration cycles during which the 
parameters recorded under Sec. 65.162(c)(2) were outside the ranges 
established in the Initial Compliance Status Report or in the operating 
permit.
    (3) The provisions of paragraphs (f)(1) and (2) of this section do 
not apply to any low-throughput transfer rack for which the owner or 
operator has elected to comply with Sec. 65.145, or to any storage 
vessel for which the owner or operator is not required by the applicable 
monitoring plan established under Sec. 65.165(c)(1) and (2) to keep 
continuous records. If continuous records are required, the owner or 
operator shall specify in the monitoring plan whether the provisions of 
paragraphs (f)(1) and (2) of this section apply.
    (4) If the owner or operator has chosen to use the alternative 
recordkeeping provisions of Sec. 65.161(e)(1) and has not notified the 
Administrator in the Initial Compliance Status Report that the 
alternative recordkeeping provisions are being implemented as provided 
in Sec. 65.165(e), the owner or operator shall notify the Administrator 
in the periodic report submitted immediately before implementation of 
the alternative.



Sec. 65.167  Other reports.

    (a) Replacing an existing control or recovery device. As specified 
in Sec. 65.147(b)(2), Sec. 65.148(b)(3), Sec. 65.149(b)(3), Sec. 
65.150(b)(2), Sec. 65.151(b)(2), Sec. 65.152(b)(2),

[[Page 141]]

or Sec. 65.153(b)(2), if an owner or operator at a facility not 
required to obtain a title V permit elects at a later date to use a 
different control or recovery device, then the Administrator shall be 
notified by the owner or operator before implementing the change. This 
notification may be included in the facility's periodic reporting and 
shall include a description of any changes made to the closed vent 
system.
    (b) Startup, shutdown, and malfunction periodic reports. Startup, 
shutdown, and malfunction periodic reports shall be submitted as 
required in Sec. 65.6(c).



Sec. Sec. 65.168-65.169  [Reserved]



PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA--Table of Contents




                       Subpart A_Purpose and Scope

Sec.
66.1 Applicability and effective date.
66.2 Program description.
66.3 Definitions.
66.4 Limitation on review of regulations.
66.5 Savings clause.
66.6 Effect of litigation; time limits.

                    Subpart B_Notice of Noncompliance

66.11 Issuance of notices of noncompliance.
66.12 Content of notices of noncompliance.
66.13 Duties of source owner or operator upon receipt of a notice of 
          noncompliance.

            Subpart C_Calculation of Noncompliance Penalties

66.21 How to calculate the penalty.
66.22 Contracting out penalty calculation.
66.23 Interim recalculation of penalty.

         Subpart D_Exemption Requests; Revocation of Exemptions

66.31 Exemptions based on an order, extension or suspension.
66.32 De Minimis exemptions.
66.33 De Minimis exemptions: malfunctions.
66.34 Termination of exemptions.
66.35 Revocation of exemptions.

 Subpart E_Decisions on Exemption Requests and Challenges to Notices of 
                              Noncompliance

66.41 Decision on petitions.
66.42 Procedure for hearings.
66.43 Final decision; submission of penalty calculation.

                 Subpart F_Review of Penalty Calculation

66.51 Action upon receipt of penalty calculation.
66.52 Petitions for reconsideration of calculation.
66.53 Decisions on petitions.
66.54 Procedures for hearing.

                            Subpart G_Payment

66.61 Duty to pay.
66.62 Method of payment.
66.63 Nonpayment penalty.

                Subpart H_Compliance and Final Adjustment

66.71 Determination of compliance.
66.72 Additional payment or reimbursement.
66.73 Petition for reconsideration and procedure for hearing.
66.74 Payment or reimbursement.

                         Subpart I_Final Action

66.81 Final action.

      Subpart J_Supplemental Rules for Formal Adjudicatory Hearings

66.91 Applicability of supplemental rules.
66.92 Commencement of hearings.
66.93 Time limits.
66.94 Presentation of evidence.
66.95 Decisions of Presiding Officer; appeal to the Administrator.

Appendix A to Part 66--Technical Support Document [Note]
Appendix B to Part 66--Instruction Manual [Note]
Appendix C to Part 66--Computer Program [Note]

    Authority: Sec. 120, Clean Air Act, as amended, 42 U.S.C. 7420.

    Source: 45 FR 50110, July 28, 1980, unless otherwise noted.



                       Subpart A_Purpose and Scope



Sec. 66.1  Applicability and effective date.

    (a) This part applies to all proceedings for the assessment by EPA 
of a noncompliance penalty as provided by section 120 of the Clean Air 
Act. This penalty is designed to recover the economic advantage which 
might otherwise accrue to a source by reason of its failure to comply 
with air pollution control standards after receipt of a notice of 
noncompliance.

[[Page 142]]

    (b) These regulations shall be effective October 27, 1980.



Sec. 66.2  Program description.

    This part sets forth the procedures by which EPA will administer the 
noncompliance penalty provisions of section 120 of the Clean Air Act. 
Subpart A describes the scope of the part, defines key terms and states 
the manner of operation of these provisions subpart B states which 
sources of air pollution are subject to these penalties and the form and 
substance of the notice of noncompliance. Subpart C and the accompanying 
Technical Support Document and Manual state how a source must compute 
the penalty which it owes. Subpart D describes the conditions under 
which an exemption from the penalty may be available, and subpart E sets 
forth the procedures for requesting such an exemption. Subpart F states 
how EPA will review penalties calculated by sources under subpart C, and 
subpart G describes the method of payment. Subpart H provides for 
adjustment of the penalty after the source has come into compliance and 
the actual costs of doing so are known. Finally, subpart I states which 
actions under these regulations are subject to judicial review and on 
what conditions, and subpart J provides supplemental procedures for 
adjudicatory hearings.



Sec. 66.3  Definitions.

    In this part and part 67:
    (a) Act means the Clean Air Act, 42 U.S.C. 7401 et seq. as amended 
on August 7, 1977, except where the context specifically indicates 
otherwise.
    (b) Affiliated entity means a person who directly, or indirectly 
through one or more intermediaries, controls, is controlled by, or is 
under common control with the owner or operator of a source.
    (c) Applicable legal requirements means any of the following:
    (1) In the case of any major source, any emission limitation, 
emission standard, or compliance schedule under any EPA-approved State 
implementation plan (regardless of whether the source is subject to a 
Federal or State consent decree);
    (2) In the case of any source, an emission limitation, emission 
standard, standard of performance, or other requirement (including, but 
not limited to, work practice standards) established under section 111 
or 112 of the Act;
    (3) In the case of a source that is subject to a federal or 
federally approved state judicial consent decree or EPA approved 
extension, order, or suspension, any interim emission control 
requirement or schedule of compliance under that consent decree, 
extension, order or suspension;
    (4) In the case of a nonferrous smelter which has received a primary 
nonferrous smelter order issued or approved by EPA under Section 119 of 
the Act, any interim emission control requirement (including a 
requirement relating to the use of supplemental or intermittent 
controls) or schedule of compliance under that order.
    (d) Approved Section 120 program means a State program to assess and 
collect Section 120 penalties that has been approved by the 
Administrator.
    (e) Computer program means the computer program used to calculate 
noncompliance penalties under section 120 of the Clean Air Act. This 
computer program appears as appendix C to these regulations.
    (f) Control (including the terms controlling, controlled by, and 
under common control with) means the power to direct or cause the 
direction of the management and policies of a person or organization, 
whether by the ownership of stock, voting rights, by contract, or 
otherwise.
    (g) Environmental Appeals Board shall mean the Board within the 
Agency described in Sec. 1.25 of this title. The Administrator 
delegates authority to the Environmental Appeals Board to issue final 
decisions in appeals filed under this part. Appeals directed to the 
Administrator, rather than to the Environmental Appeals Board, will not 
be considered. This delegation of authority to the Environmental Appeals 
Board does not preclude the Environmental Appeals Board from referring 
an appeal or a motion filed under this part to the Administrator for 
decision when the Environmental Appeals Board, in its discretion, deems 
it appropriate to do so. When an appeal or

[[Page 143]]

motion is referred to the Administrator, all parties shall be so 
notified and the rules in this part referring to the Environmental 
Appeals Board shall be interpreted as referring to the Administrator.
    (h) Major stationary source means any stationary facility or source 
of air pollutants which directly emits, or has the potential to emit, 
one hundred tons per year or more of any air pollutant regulated by EPA 
under the Clean Air Act.
    (i) Manual means the Noncompliance Penalties Instruction Manual 
which accompanies these regulations. This Manual appears as appendix B 
to these regulations.
    (j) Owner or operator means any person who owns, leases, operates or 
supervises a facility, building, structure or installation which emits 
or has the potential to emit any air pollutant regulated by EPA under 
the Act.
    (k) Potential to emit means the capability at maximum design 
capacity to emit a pollutant after the application of air pollution 
control equipment. Annual potential shall be based on the larger of the 
maximum annual rated capacity of the stationary source assuming 
continuous operation, or on a projection of actual annual emissions. 
Enforceable permit conditions on the type of materials combusted or 
processed may be used in determining the annual potential. Fugitive 
emissions, to the extent quantifiable, will be considered in determining 
annual potential for those stationary sources whose fugitive emissions 
are regulated by the applicable state implementation plan.
    (l) Source means any source of air pollution subject to applicable 
legal requirements as defined in paragraph (c).
    (m) Technical Support Document means the Noncompliance Penalties 
Technical Support Document which accompanies these regulations. The 
Technical Support Document appears as appendix A to these regulations.

All other terms are defined as they are in the Act.

[45 FR 50110, July 28, 1980, as amended at 57 FR 5328, Feb. 13, 1992]



Sec. 66.4  Limitation on review of regulations.

    No applicable legal requirement, which could have been reviewed or 
challenged by means of the timely filing of an appropriate petition, no 
provision of this part or part 67 or appendices A, B or C, may be 
challenged, reviewed or re-examined in any hearing conducted under this 
part or part 67. This limitation on review includes, but is not limited 
to:
    (a) Arguments that the statute is more or less restrictive than the 
regulations, e.g., that exemptions other than those provided herein 
should be granted.
    (b) Arguments that the economic model does not accurately calculate 
the economic benefits of noncompliance, or that parameters, terms and 
conditions other than those provided for in the model should be used or 
that evidence other than that described in the Technical Support 
Document for establishing inputs should be considered.



Sec. 66.5  Savings clause.

    Proceedings under these regulations for imposition of a penalty 
under section 120 are in addition to any other proceedings related to 
permits, orders, payments, sanctions or other requirements of State or 
Federal law. No action under this part or part 67 shall affect in any 
way any administrative, civil or criminal enforcement proceeding brought 
under any provision of the Clean Air Act or State or local law.



Sec. 66.6  Effect of litigation; time limits.

    (a) The existence of any litigation on the validity of these 
regulations shall not affect the authority of the Agency to issue 
notices of noncompliance or to conduct subsequent administrative 
proceedings under parts 66 and 67.
    (b) Failure of the Environmental Appeals Board or the Presiding 
Officer at a hearing to meet any of the time limits contained in this 
part 66 and part 67 of this chapter shall not affect the validity of any 
proceeding under these regulations.
    (c) The filing of any petition for reconsideration under this part 
or part 67 or the institution of EPA review of a State determination 
under part 67 shall

[[Page 144]]

not toll the accrual of noncompliance penalties. The penalty will be 
calculated from the date on which the source owner or operator receives 
a notice of noncompliance.

[45 FR 50110, July 28, 1980, as amended at 57 FR 5329, Feb. 13, 1992]



                    Subpart B_Notice of Noncompliance



Sec. 66.11  Issuance of notices of noncompliance.

    (a) The Administrator shall issue a notice of noncompliance to the 
owner or operator of any source which he determines is in violation of 
applicable legal requirements and which is located in a State without an 
approved section 120 program.
    (b) The Administrator shall send a notice of noncompliance to the 
owner or operator of any source located in a State with an approved 
section 120 program when he determines as provided in part 67 that the 
source is in violation of applicable legal requirements and the State 
has failed to send a notice of noncompliance to it, or has failed to 
pursue diligently any subsequent steps for the assessment or collection 
of the penalty.
    (c) Failure of EPA or a State to issue a notice of noncompliance 
within 30 days after discovery of a violation shall not affect the 
obligation of a source owner or operator to pay a noncompliance penalty 
but shall affect the date from which the penalty is calculated. The 
penalty shall be calculated from the earliest date that the owner or 
operator of the source received a notice of noncompliance under this 
section, whether issued by EPA or the State.



Sec. 66.12  Content of notices of noncompliance.

    (a) Each notice of noncompliance shall be in writing and shall 
include:
    (1) A specific reference to each applicable legal requirement of 
which the source is in violation;
    (2) A brief statement of the factual basis for the finding of 
violation, together with a reference to any supporting materials and a 
statement of when and where they may be inspected;
    (3) Instructions on calculating the amount of the penalty owed and 
the schedule for payments. Such instructions shall include (i) a 
statement of the date from which penalties should be calculated and (ii) 
a copy of the Technical Support Document and the Manual;
    (4) Notice of the right to petition for a hearing to challenge the 
finding of noncompliance or to claim an exemption; and
    (5) Notice that the penalty continues to accrue during the pendency 
of any hearings granted under this part or part 67.
    (b) Each notice of noncompliance shall be transmitted to the source 
owner or operator either by personal service or by registered or 
certified mail, return receipt requested.



Sec. 66.13  Duties of source owner or operator upon receipt of a notice of 

noncompliance.

    (a) Within forty-five days after receiving a notice of noncompliance 
a source owner or operator shall either:
    (1) Calculate the amount of the penalty owed and the appropriate 
quarterly payment schedule, as provided in the Technical Support 
Document and Instruction Manual, and transmit that calculation, together 
with supporting data sufficient to allow verification of the penalty 
calculation, to the Administrator; or
    (2) Submit a petition for reconsideration, alleging that the source 
is not in violation of applicable legal requirements or that the source 
owner or operator is entitled to an exemption pursuant to Sec. Sec. 
66.31 through 66.33, or both. A source owner or operator must present 
both grounds in the petition if he wishes to preserve a claim to an 
exemption in the event that the source is found to be in violation. 
Issues relating to the existence of a violation or entitlement to an 
exemption not raised in the petition shall be deemed waived.
    (b) Any submittal pursuant to this subsection shall specify the 
identity of the person responsible for the payment of any noncompliance 
penalty, and to whom any reimbursement, if necessary, shall be sent.
    (c) A source owner or operator may amend any petition for 
reconsideration pursuant to paragraph (a) of this section within 45 days 
from receipt of a

[[Page 145]]

notice of noncompliance. Amendment of such petition after 45 days will 
be permitted only if based on unforeseeable conditions occurring after 
termination of the 45 day period, or upon consent of the Administrator.



            Subpart C_Calculation of Noncompliance Penalties



Sec. 66.21  How to calculate the penalty.

    (a) All noncompliance penalties shall be calculated in accordance 
with the Technical Support Document and the Manual.
    (b) Where the Administrator determines that no existing technology 
or other emissions control method results in emission levels which 
satisfy the applicable legal requirement, the penalty calculation shall 
be based on the cost of the capital equipment, operation and maintenance 
practices, or other methods of control which best approximates the 
degree of control required. In such a case, the Administrator may 
include in the penalty the costs of participation in an EPA approved 
research and development program where he determines that such 
participation would be appropriate. Information on appropriate research 
and development programs will be available from the regional offices or 
from the Office of Research and Development.



Sec. 66.22  Contracting out penalty calculation.

    Upon the failure of a source owner or operator, who does not submit 
a petition for reconsideration as provided in Sec. 66.13(a)(2), to 
submit the information described in Sec. 66.13(a)(1) within 45 days of 
receipt of a notice of noncompliance, or upon submission of incorrect 
information as determined pursuant to Sec. 66.51, the Administrator may 
enter into a contract with any qualified person who is not an affiliated 
entity and who has no financial interest in the owner or operator of the 
source to assist in determining the amount of the penalty assessment or 
payment schedule with respect to such source owner or operator. The cost 
of this contract may be added to the penalty to be assessed against the 
owner or operator of the source. The data used in calculating the 
penalty shall be furnished to the source owner or operator at the time 
that the penalty calculation is reported.



Sec. 66.23  Interim recalculation of penalty.

    (a) The Administrator, upon concluding that a previously approved 
penalty calculation no longer is accurate, may:
    (1) Request, in writing, that the source owner or operator submit a 
revised calculation in the form specified in Sec. 66.13(a). The 
Administrator shall respond to any information submitted in accordance 
with the provisions of Sec. 66.51.
    (2) Notify the source owner or operator, in writing, that the 
penalty has been recalculated based upon information in the 
Administrator's possession. The source owner or operator shall respond 
as provided in Sec. 66.52.
    (b) If a source owner or operator believes that, because of changed 
circumstances, a penalty calculation which has been accepted by EPA no 
longer is accurate, he may submit a revised penalty calculation and 
schedule to the Administrator. The revised calculation shall be in the 
form specified in Sec. 66.13(a)(1). The Administrator shall respond in 
accordance with the provisions of Sec. 66.51. The decision to accept 
the interim calculation or to grant a hearing on this issue shall be 
solely within the discretion of the Administrator.



         Subpart D_Exemption Requests; Revocation of Exemptions



Sec. 66.31  Exemptions based on an order, extension or suspension.

    (a) A source owner or operator who would otherwise be subject to a 
noncompliance penalty will be exempted from that penalty during the 
period for which, and upon a demonstration that, its noncompliance with 
applicable legal requirements is or was due solely to;
    (1) A conversion by such source from the burning of petroleum 
products or natural gas, or both, as the permanent primary energy source 
to the burning of coal pursuant to an order under section 113(d)(5) or 
section 119 of the Act as in effect before August 7, 1977.

[[Page 146]]

    (2) In the case of a coal-burning source, the issuance of a 
prohibition to that source against burning petroleum products or natural 
gas, or both, by means of an order under sections 2(a) and (b) of the 
Energy Supply and Environmental Coordination Act of 1974, the Powerplant 
and Industrial Fuel Use Act, or under any legislation which amends or 
supersedes these provisions, Provided, That the source had received an 
extension under the second sentence of section 119(c)(1) of the Act as 
in effect before August 7, 1977.
    (3) The use of innovative technology by the source owner or operator 
pursuant to an enforcement order under section 113(d)(4) of the Act.
    (4) An inability to comply with an applicable legal requirement 
resulting from reasons entirely beyond the control of the owner or 
operator of such source or of any affiliated entity, Provided, That
    (i) The source owner or operator has received an order under section 
113(d) (or an order under section 113 issued before August 7, 1977) or a 
federal or EPA-approved State judicial decree or order which has the 
effect of permitting a delay in complying with the legal requirement at 
issue, and
    (ii) That the source owner or operator meets the requirements of 
paragraphs (c) and (d) of this section.
    (5) The existence of an energy or employment emergency demonstrated 
by issuance of an order under section 110(f) or 110(g) of the Act, 
unless such order is disapproved by EPA.
    (b) To qualify for an exemption under this section, the source owner 
or operator must have received the order, extension or suspension or 
consent decree described in the paragraph of the section pursuant to 
which the exemption is claimed. No exemption may be sought which, if 
granted, would exceed the terms of the relevant extension, order, 
suspension, or consent decree, except as provided in paragraph (e) of 
this section. No exemption may be sought which is based on a claim that 
the source owner or operator is entitled to any such order, extension, 
suspension, or consent decree even though it has not been issued.
    (c) In any exemption claim based on paragraph (a)(4) of this 
section, the source owner or operator must demonstrate:
    (1) That the source owner or operator or an affiliated entity in no 
manner sought, caused, encouraged or contributed to the inability; and
    (2) That the source owner or operator in no way unduly delayed 
negotiation for needed equipment or fuel supply or made unusual demands 
not typical in its industry, or placed unusual restrictions on the 
supplier, or delayed in any other manner the delivery of goods or the 
completion of the necessary construction.
    (d)(1) No exemption will be granted pursuant to paragraph (a)(4) of 
this section unless the owner or operator of the source demonstrates 
that, with respect to a situation described in paragraph (c), all 
reasonable steps were taken to prevent the situation causing the 
inability to comply, that procuring the needed pollution control 
equipment or fuel supply was given and continues to be given the highest 
possible priority in the planning and budgeting process of the owner or 
operator of the source, and that alternative sources of equipment and 
fuel have been explored without success.
    (2) Any exemption granted under paragraph (a)(4) of this section 
shall cease to be effective when the inability to comply ceases to be 
entirely beyond the control of the source owner or operator as defined 
in this section.
    (e) Except in the case of exemptions based on orders under section 
113 (d)(4) or (d)(5) or suspensions under section 110(g), the 
Administrator may grant an exemption with retroactive effect to the date 
of the event giving rise to the section 120 predicate order, extension, 
suspension, or consent decree. In such cases, the exemption from the 
noncompliance penalty shall run from the date that the basis for the 
exemption first occurred.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]



Sec. 66.32  De Minimis exemptions.

    (a) The Administrator may, upon notice and opportunity for public 
hearing, exempt the owner or operator of any source from a penalty where 
he

[[Page 147]]

finds that a particular instance of noncompliance was de minimis in 
nature and duration.
    (b) A petition for an exemption on the ground that the violation 
described in a notice of noncompliance was de minimis in nature and 
duration may only raise issues related to entitlement to an exemption 
and shall contain or be accompanied by supporting documentation. Issues 
relating to entitlement to a de minimis exemption not raised in the 
petition shall be deemed waived.
    (c) In ruling upon such a petition, the Administrator shall 
consider:
    (1) The magnitude of the excess emissions and whether the source's 
noncompliance is recurring or persistent;
    (2) The steps the source owner or operator is taking to eliminate 
the cause of the excess emissions and to minimize such emissions;
    (3) Whether any significant economic savings are likely to accrue to 
the owner or operator of the source as a result of the noncompliance;
    (4) The character of the emissions, and their impact on ambient air 
quality; and
    (5) The duration of the violation.
    (d) A hearing on a petition for a de minimis exemption shall be 
informal. The hearing shall be scheduled upon notice to the public. 
Reasonable opportunity to testify and for submission of questions by the 
public to the petitioner shall be afforded. The decision of the hearing 
officer will be made in writing within a reasonable period of time after 
the close of the hearing.



Sec. 66.33  De Minimis exemptions: malfunctions.

    (a) The Administrator may, upon notice and opportunity for a public 
hearing, exempt the owner or operator of a source if he finds with 
respect to a particular instance of noncompliance, that such 
noncompliance was de minimis in nature and duration, and was caused 
solely by a sudden and unavoidable breakdown of process or pollution 
control equipment.
    (b) A petition for an exemption on the ground that the violation was 
de minimis and was caused by a sudden and unavoidable breakdown of 
process or pollution control equipment may only raise issues related to 
entitlement to an exemption and shall contain or be accompanied by 
supporting documentation. Issues relating to entitlement to an exemption 
that are not raised in the petition shall be deemed waived. In making 
such finding the Administrator shall consider whether:
    (1) The violation was de minimis in nature and duration within the 
meaning of Sec. 66.32;
    (2) The air pollution control equipment, process equipment, or 
processes, including appropriate back-up systems, were designed, and 
have been maintained and operated in a manner consistent with good 
practice for minimizing emissions;
    (3) Repair of the malfunctioning equipment was undertaken and 
carried out in an expeditious fashion as soon as the owner or operator 
knew or should have known that the malfunction existed or that 
applicable emission limitations were being violated or were likely to be 
violated;
    (4) All practicable steps were taken to minimize the impact of the 
excess emissions (including any bypass) on ambient air quality;
    (5) The excess emissions were not part of a pattern indicative of 
inadequate design, operation, or maintenance;
    (6) Off-shift and overtime labor were utilized where necessary to 
ensure that repairs were made as expeditiously as possible or that 
emissions were minimized to the maximum extent possible; and
    (7) The level of economic savings, if any, accruing to the source 
owner or operator was de minimis.
    (c) Any activity that could have been foreseen, avoided or planned 
for, or any breakdown that could have been avoided by the exercise of 
reasonable diligence shall not constitute grounds for an exemption under 
this section. Such activities include, but are not limited to, sudden 
breakdowns avoidable by better maintenance procedures, phasing in and 
out of process equipment and routine maintenance.
    (d) A hearing on any petition for an exemption based upon the 
unavoidable breakdown of pollution control equipment shall be informal. 
The hearing shall be scheduled upon notice to the

[[Page 148]]

public. Reasonable opportunity to testify and for submission of 
questions by the public to the petitioner shall be afforded. The 
decision of the hearing officer will be made in writing within a 
reasonable period of time after the close of the hearing.



Sec. 66.34  Termination of exemptions.

    (a) Exemptions pursuant to Sec. 66.31(a) (1), (2), (3), and (5) 
will cease to be effective upon termination or revocation of the order 
on which the exemption is based.
    (b) Exemptions pursuant to Sec. 66.31(a)(4) will cease to be 
effective when the order or decree is terminated or revoked, or the 
inability to comply ceases to be for reasons entirely beyond the control 
of the source owner or operator as defined in Sec. 66.31(c).
    (c) Exemptions granted pursuant to Sec. 66.32 or Sec. 66.33 shall 
terminate at the time specified in the exemption.
    (d) The Administrator shall notify the source owner or operator, in 
writing, that the exemption has terminated, and shall specify the date 
from which the penalty shall be calculated. The notice shall be 
transmitted as required by Sec. 66.12. The source owner or operator 
shall respond to this notice within 45 days of its receipt and in the 
form provided in Sec. 66.13.



Sec. 66.35  Revocation of exemptions.

    (a) The Administrator may upon notice and opportunity for a hearing 
revoke an exemption granted to the owner or operator of any source at 
any time in accordance with paragraphs (b) and (c) below.
    (b) An exemption may be revoked and a penalty for the period of non-
exempted noncompliance assessed if:
    (1) The grounds for the exemption no longer exist or never did 
exist, or
    (2) In the case of an exemption under Sec. 66.31, the source owner 
or operator has failed to comply with any interim emission control 
requirements or schedules of compliance (including increments of 
progress) contained in the extension, order, suspension or EPA-approved 
consent decree on which the exemption was based.
    (c) The Administrator shall provide the source owner or operator 
written notice containing the information required by Sec. 66.12 and a 
statement of the reasons for revocation. The notice shall also specify 
the date from which the source owner or operator must calculate a 
penalty. The notice shall be transmitted as required by Sec. 66.12. The 
source owner or operator shall respond to this notice within 45 days of 
its receipt and in the form provided in Sec. 66.13.



 Subpart E_Decisions on Exemption Requests and Challenges to Notices of 
                              Noncompliance



Sec. 66.41  Decision on petitions.

    (a) Within thirty days after receiving a petition filed under Sec. 
66.13, the Administrator shall notify the source owner or operator in 
writing that:
    (1) The petition demonstrates that the source owner or operator is 
entitled to part or all of the relief requested and that the notice of 
noncompliance is withdrawn or modified accordingly;
    (2) The petition does not contain sufficient information to 
demonstrate that the source owner or operator is entitled to part or all 
of the relief requested. The Administrator shall specify what 
deficiencies exist and request that the source owner or operator 
supplement his petition within thirty days of receipt of that request. 
If the petition is not supplemented adequately within this time, or, if 
supplemented adequately, still fails to demonstrate entitlement to 
relief, the Administrator shall grant a hearing under paragraph (a)(3) 
of this section. Any supplemental material provided pursuant to the 
Administrator's request shall be evaluated as provided in paragraphs 
(a)(1) and (a)(3) of this section.
    (3) A hearing is granted on the issue of whether the source is in 
violation of applicable legal requirements or is entitled to an 
exemption under Sec. 66.31, Sec. 66.32, Sec. 66.33, or on both.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]



Sec. 66.42  Procedure for hearings.

    (a) Except as provided in Sec. Sec. 66.32 and 66.33, hearings 
granted under

[[Page 149]]

Sec. 66.41(a)(3) shall be held as provided in subpart J.
    (b) If hearings are granted pursuant to both Sec. 66.32 or Sec. 
66.33 and under subpart J, a consolidated hearing in accordance with 
subpart J shall be held. At the consolidated hearing the issues that 
would otherwise have been considered at a hearing under Sec. 66.32 or 
Sec. 66.33 shall be considered pursuant to the procedures for a hearing 
provided in those sections.
    (c) The Presiding Officer at a hearing granted under Sec. 66.41 
shall issue an initial decision within 90 days after the Administrator 
grants the hearing, unless the duration of the hearing or the deadline 
for decision is extended by the Presiding Officer upon agreement of the 
parties. Failure to issue a decision (whether or not by consent) within 
90 days shall not affect the validity of the proceedings or the accrual 
of penalties in any manner.



Sec. 66.43  Final decision; submission of penalty calculation.

    Within forty-five days after EPA has notified the owner or operator 
of a source of the final Agency decision that it is in violation of 
applicable legal requirements or is not entitled to an exemption, the 
owner or operator shall submit the information required by Sec. 
66.13(a), including appropriate compliance and payment schedules and 
extra interest owed for the period of delay. The penalty shall be 
calculated from the date of receipt of the original notice of 
noncompliance.



                 Subpart F_Review of Penalty Calculation



Sec. 66.51  Action upon receipt of penalty calculation.

    (a) Within thirty days after receipt of a penalty calculation 
provided pursuant to Sec. 66.13(a)(1) or Sec. 66.43, the Administrator 
shall notify the source owner or operator in writing, that:
    (1) The penalty is provisionally accepted as calculated, subject to 
any recalculation that may be necessary under Sec. 66.72 after the 
source has achieved compliance; or
    (2) The penalty is incorrect and has been recalculated based on the 
data provided by the source owner or operator, or other data. The 
Administrator shall provide a brief statement of the basis for the 
recalculation and shall identify when and where any supporting data may 
be examined. The Administrator shall also notify the source owner or 
operator of the right to petition for a hearing under Sec. 66.52; or
    (3) The source owner or operator has not submitted any calculation, 
or the information submitted is inadequate to enable EPA to verify the 
owner or operator's penalty calculation. The Administrator shall specify 
what deficiencies exist and request the source owner or operator to 
supplement his submission within thirty days of receipt of that request. 
If an inadequate supplemental submission is made within this time, EPA 
may calculate the penalty itself or as provided in Sec. 66.22.
    (b) Supplemental material provided pursuant to paragraph (a)(3) of 
this section shall be evaluated as provided in paragraph (a).



Sec. 66.52  Petitions for reconsideration of calculation.

    Within forty-five days after receipt of notice under Sec. 
66.51(a)(2) that the penalty has been recalculated by EPA, a source 
owner or operator who wishes to challenge EPA's recalculation shall 
petition in writing for reconsideration. A statement of all arguments on 
which the owner or operator relies, including all necessary supporting 
data and a substitute penalty calculation and payment schedule shall be 
included in or accompany this petition. Issues not raised in the 
petition shall be deemed waived.



Sec. 66.53  Decisions on petitions.

    Within thirty days after receiving a petition for reconsideration 
under Sec. 66.52 the Administrator shall:
    (a) Accept the penalty calculation of the owner or operator to the 
extent the Administrator concludes it is correct; or
    (b) Grant a hearing to the extent he does not conclude that the 
petition is correct.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]

[[Page 150]]



Sec. 66.54  Procedures for hearing.

    (a) Hearings granted under Sec. 66.53 shall be held as provided in 
subpart J.
    (b) The Presiding Officer at a hearing granted under Sec. 66.53 
shall issue an initial decision within ninety days after the 
Administrator grants the hearing, unless the duration of the hearing or 
the deadline for decision is extended by the Presiding Officer upon 
agreement of the parties. Failure to issue a decision (whether or not by 
consent) within 90 days shall not affect the validity of the proceedings 
or the accrual of penalties in any manner.



                            Subpart G_Payment



Sec. 66.61  Duty to pay.

    (a) Except where the owner or operator has submitted a petition 
pursuant to Sec. 66.13(a)(2), the first installment of the penalty 
shall be paid on the date six months after receipt of the notice of 
noncompliance.
    (b) Where the source owner has filed a petition pursuant to Sec. 
66.13(a)(2), the first installment consisting of payment of penalties 
for all quarters ``missed'' as well as for the upcoming quarter shall be 
paid on the date six months after a final administrative decision 
affirming the source owner or operator's liability. Installments shall 
be paid quarterly thereafter until compliance is achieved. Quarters 
shall be measured in increments of three calendar months from the date 
the first payment is due.
    (c) A source owner or operator who submits a petition pursuant to 
Sec. 66.52 shall pay the penalty amount calculated by the owner or 
operator under Sec. 66.13 or Sec. 66.43 or any penalty calculated by 
EPA where the owner or operator has failed to calculate such penalty. 
Within 45 days after EPA has notified the owner or operator of a final 
administrative action after hearings on such petition, the owner or 
operator shall submit any necessary modification to the penalty. The 
revised penalty will be calculated in accordance with the Technical 
Support Document and the Manual, and a revised schedule, including 
appropriate adjustments for overpayments or underpayments made, will be 
established.



Sec. 66.62  Method of payment.

    Payments in excess of $10,000 under this part shall be made by wire 
transfer payable to the U.S. Treasury. Payments under this part which 
are less than $10,000 shall be made by cashier's or certified check made 
payable to the United States Treasury, sent by registered mail, return 
receipt requested, and addressed to the Administrator, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Payment by check is made on the due date if it is postmarked on or 
before the due date. Payment by wire transfer is made on the due date if 
the Treasury's account is credited on or before the due date.



Sec. 66.63  Nonpayment penalty.

    (a) Any source owner or operator who fails to make timely payment 
under Sec. 66.61 shall pay in addition to the penalty owed a quarterly 
nonpayment penalty. The nonpayment penalty shall be calculated as of the 
due date of the noncompliance penalty payment and shall be equal to 20 
percent of the aggregate amount of the noncompliance penalties and 
nonpayment penalties due and owing from the owner or operator on the due 
date. Partial payments shall be credited first against the nonpayment 
penalty, then against the noncompliance penalty.
    (b) The Administrator shall notify the source owner or operator in 
writing of the amount of any nonpayment penalty for which the owner or 
operator is liable. Failure of the Administrator to provide such notice 
immediately shall not affect the legal obligation of the source owner or 
operator to pay such penalty. Such nonpayment penalty, as well as the 
past due noncompliance penalty, shall be payable immediately.



                Subpart H_Compliance and Final Adjustment



Sec. 66.71  Determination of compliance.

    (a) An owner or operator of a source who is paying a noncompliance 
penalty under this part shall notify the Administrator in writing when 
he believes that the source has come into and is maintaining compliance 
with all applicable legal requirements. The notice

[[Page 151]]

shall be accompanied by any factual data, analytical materials, and 
legal arguments which the source owner or operator believes support such 
claim.
    (b) Within 30 days of receipt of a source owner's submittal, the 
Administrator shall determine whether the source has achieved and is 
maintaining compliance with applicable legal requirements, and shall 
notify the source owner or operator of this determination in writing. If 
the Administrator is unable to conclude, on the basis of the information 
submitted, whether the source has achieved and is maintaining compliance 
with applicable legal requirements, he shall inform the owner or 
operator of any additional material that is needed. Within 30 days of 
receipt of such additional material, the Administrator shall determine 
whether the source has achieved and is maintaining compliance, and shall 
notify the source owner or operator of this determination in writing.
    (c) If the Administrator determines that the source has not achieved 
or is not maintaining compliance with applicable legal requirements, the 
source owner or operator may petition for reconsideration within 30 days 
of receipt of the determination. The source owner or operator shall 
include in this petition any necessary supporting material. Issues not 
raised in the petition will be deemed waived. The procedures of Sec. 
66.41 shall be followed upon the receipt of such petition.
    (d) In the event that the applicable legal requirement (as defined 
in Sec. 66.3(c)) the violation of which forms the basis for the penalty 
is superseded by another applicable legal requirement (as defined in 
Sec. 66.3(c)) the owner or operator of a source liable for a 
noncompliance penalty under this part shall notify the Administrator in 
writing that the owner or operator believes that the applicable legal 
requirement is superseded and that the period of noncompliance covered 
by the notice of noncompliance is ended. The notice shall be accompanied 
by the legal arguments which the source owner or operator believes 
support such a claim. Within 30 days of receipt of a source owner or 
operator's notice, the Administrator shall determine whether the period 
of covered noncompliance is ended and shall notify the source owner or 
operator of this determination in writing. In cases where the 
superseding EPA-approved requirement was not approved by EPA within the 
time period required by statute, the period of covered noncompliance 
shall be deemed to have ended on the date when EPA under the statute 
should have acted.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]



Sec. 66.72  Additional payment or reimbursement.

    (a) Within 120 days after the source owner or operator receives 
notification pursuant to Sec. 66.71(b) that it has achieved and is 
maintaining compliance with applicable legal requirements, or within 120 
days after receipt of a decision to that effect upon petition and 
hearing, or within 120 days after receipt of a decision to that effect 
upon an appeal to the Environmental Appeals Board, the source owner or 
operator shall submit to the Administrator a revised penalty calculation 
as provided in the Technical Support Document and the Manual, together 
with data necessary for verification. The revised calculation shall 
include interest on any underpayment.
    (b) Within thirty days after receiving a revised penalty calculation 
provided pursuant to paragraph (a) of this section, the Administrator 
shall inform the source owner or operator in writing that:
    (1) The revised penalty is correct as calculated;
    (2) The revised penalty is incorrect and has been recalculated based 
on the data provided by the source owner or operator or on other data. 
The Administrator shall provide to the source owner or operator a brief 
statement of the basis of the recalculation and shall identify when and 
where any supporting data may be examined. The Administrator shall also 
notify the source owner or operator of the right to petition for 
reconsideration under Sec. 66.73; or
    (3) The source owner or operator has not submitted any penalty 
calculation, or has not submitted enough material to enable EPA to 
verify the penalty calculation. The Administrator shall

[[Page 152]]

specify what deficiencies exist and shall require the source owner or 
operator to furnish the supplemental material within thirty days of 
receipt of the notice. The supplemental material submitted will be 
evaluated in the same manner as the original submittal.
    (c) If a source owner or operator fails to submit or to complete a 
revised penalty calculation when due under this section or the 
calculation submitted is incorrect, the Administrator may recalculate 
the penalty or may enter into a contract for independent calculation of 
the penalty as provided in Sec. 66.22.
    (d) Within 120 days after the source owner or operator receives 
notification pursuant to Sec. 66.71(d) that the period of covered 
noncompliance ended on the date the applicable legal requirement was 
superseded (or, in event of EPA delay past an applicable statutory 
deadline, on the date the applicable legal requirement would have been 
superseded if there had been no delay past the statutory deadline), the 
source owner or operator shall submit to the Administrator a revised 
penalty calculation as provided in the Technical Support Document and 
Manual together with data necessary for verification. The revised 
calculation shall include interest on any underpayment. Paragraphs (b) 
and (c) shall apply to calculations submitted under this paragraph.

[45 FR 50110, July 20, 1980 as amended at 50 FR 36734, Sept. 9, 1985; 57 
FR 5329, Feb. 13, 1992]



Sec. 66.73  Petition for reconsideration and procedure for hearing.

    Within forty-five days of receipt of a notice under Sec. 66.72(b) 
(2) a source owner or operator may petition for reconsideration in the 
form and manner provided in Sec. 66.52. The petition shall be evaluated 
as provided in Sec. 66.53 and any hearing shall be held in conformity 
with Sec. 66.54.



Sec. 66.74  Payment or reimbursement.

    (a) Within thirty days after any adjustment of a noncompliance 
penalty under this subpart has become administratively final:
    (1) Any deficiency owed by the source owner or operator shall be 
paid as provided in Sec. 66.62.
    (2) Any reimbursement shall be paid by check from the United States 
payable to the order of the source owner or operator, and sent by 
registered or certified mail, return receipt requested.
    (b) Any payment under paragraph (a) of this section, shall include 
interest on the amount of the deficiency or reimbursement due, from the 
date the deficiency or reimbursement arose, at a rate determined by the 
Secretary of the Treasury. Such payment shall be calculated in 
accordance with the Technical Support Document and the Manual.
    (c) Any source owner or operator who fails to make timely payment of 
a deficiency shall pay a nonpayment penalty. The nonpayment penalty 
shall be calculated as of the due date of the deficiency payment and 
shall be equal to 20% of the deficiency not paid. Such nonpayment 
penalty (in addition to the amount of the deficiency owed) shall be 
payable immediately. If any part of the nonpayment penalty or deficiency 
shall remain unpaid at the end of three calendar months from the due 
date of the deficiency, a further nonpayment penalty shall be due equal 
to 20% of the sum of all payments due and owing. Partial payments shall 
be credited first against the nonpayment penalty, then the deficiency.



                         Subpart I_Final Action



Sec. 66.81  Final action.

    (a) A final Agency action appealable to the courts by the source 
owner or operator includes and is limited to the following, provided the 
conditions of paragraph (b) of this section are met:
    (1) A notice of determination that a source is in violation of 
applicable legal requirements;
    (2) A notice of decision to deny or revoke an exemption under 
subpart D;
    (3) A notice of revision by EPA of a penalty calculation or schedule 
under subpart F;
    (4) A notice of decision by EPA that the source is not in final 
compliance or any revision by EPA of a final penalty calculation under 
subpart H; and
    (5) A notice of denial of a petition for reconsideration under Sec. 
66.71 or Sec. 66.73.

[[Page 153]]

    (6) A decision by the Administrator upon completion of any review of 
a State action pursuant to part 67.
    (b) The actions listed in paragraph (a) of this section constitute 
final Agency action only if all administrative remedies have been 
exhausted. To exhaust administrative remedies, a source owner or 
operator must first petition for reconsideration of the decision in 
question and, if unsuccessful after hearing or after denial of hearing, 
appeal the decision in question to the Environmental Appeals Board. The 
action becomes final upon the completion of review by the Environmental 
Appeals Board and notice thereof to the owner or operator of the source.
    (c) Where a petition seeks reconsideration both of the finding of 
noncompliance and of the finding of liability on the ground that the 
source owner or operator is entitled to an exemption, both questions 
must be decided before any review by the Environmental Appeals Board is 
sought, except on agreement of the parties.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985; 
57 FR 5329, Feb. 13, 1992]



      Subpart J_Supplemental Rules for Formal Adjudicatory Hearings



Sec. 66.91  Applicability of supplemental rules.

    The Supplemental Rules in this subpart, in conjunction with the 
Consolidated Rules of Practice (40 CFR part 22) shall govern all 
hearings held under this part. To the extent that the provisions of 
these Supplemental Rules or any other provision of this part are 
inconsistent with the Consolidated Rules, the provisions of this part 
shall govern.



Sec. 66.92  Commencement of hearings.

    (a) The provisions of 40 CFR 22.08 (Consolidated Rules of Practice) 
shall become applicable when the Administrator grants a hearing.
    (b) Upon granting a hearing the Administrator shall immediately 
transmit to the appropriate Regional Hearing Clerk two copies of the 
notice granting the hearing and:
    (1) In the case of a hearing pursuant to Sec. 66.42, two copies of 
the notice of noncompliance under Sec. 66.11 (or the revocation notice 
under Sec. 66.34) and of the petition of the owner or operator under 
Sec. 66.13, together with supporting documents; and
    (2) In the case of a hearing pursuant to Sec. 66.53 or Sec. 66.73, 
two copies of the penalty calculation of the source owner or operator 
provided pursuant to Sec. 66.13(a) or Sec. 66.72, and of any Agency 
recalculation pursuant to Sec. 66.51(a)(2) or Sec. 66.72(b)(2), and of 
the petition of the source owner or operator for reconsideration 
pursuant to Sec. 66.52 or Sec. 66.73, together with supporting 
documents.
    (3) The Regional Hearing Clerk shall open and maintain the official 
file of the proceeding upon receipt of the documents referred to in 
paragraphs (b)(1) and (2) of this section.
    (c) Upon granting a hearing the Administrator shall request the 
Chief Administrative Law Judge to designate an Administrative Law Judge 
to serve as the Presiding Officer. The Chief Administrative Law Judge 
shall make this designation within seven days of receiving the request, 
and shall notify the Regional Hearing Clerk of his action. The Regional 
Hearing Clerk shall forward to the Presiding Officer one set of the 
documents described in paragraph (b).



Sec. 66.93  Time limits.

    The Presiding Officer upon designation shall notify the parties and 
shall, if appropriate, schedule a prehearing conference (or alternative 
procedures) under 40 CFR 22.19 and shall notify the parties of the date 
of hearing under 40 CFR 22.21. The Presiding Officer shall issue an 
initial decision no later than ninety days after the hearing is granted, 
unless an extension of the hearing schedule or of the deadline for 
decision is agreed to by the parties. To that end, the Presiding Officer 
may establish such deadlines as are reasonable and necessary. Failure to 
issue a decision within 90 days or further extended deadline (whether or 
not by consent) shall not affect the validity of the proceedings.



Sec. 66.94  Presentation of evidence.

    (a) In hearings pursuant to Sec. 66.42 EPA shall present evidence 
of violation of applicable legal requirements. The

[[Page 154]]

source owner or operator shall then present any rebuttal evidence.
    (b) In hearings under Sec. 66.42 the source owner or operator shall 
present evidence of entitlement to an exemption. EPA shall then present 
any rebuttal evidence.
    (c) In hearings under Sec. Sec. 66.54 and 66.73 EPA shall present 
evidence that its calculation or revisions of the source owner or 
operator's penalty calculations are correct. The source owner or 
operator shall then present any rebuttal evidence.
    (d) Each matter of controversy shall be determined by the Presiding 
Officer upon a preponderance of the evidence.
    (e) Any documentation submitted pursuant to Sec. 66.92(b) shall 
automatically be received into evidence in the hearing.



Sec. 66.95  Decisions of the Presiding Officer; Appeal to the Administrator.

    (a) The Presiding Officer shall dispose of the issues raised in the 
hearing in a single written decision. Such decision shall terminate the 
Presiding Officer's consideration of those issues.
    (b) Penalty calculations and payment schedules, if any, established 
by the decision of the Presiding Officer shall be based solely on the 
parameters, terms and conditions of the Technical Support Document, 
Manual, and Computer Program.
    (c) An appeal to the Environmental Appeals Board from a decision of 
the Presiding Officer shall be made by petition filed within twenty (20) 
days from receipt by a party of the Presiding Officer's decision. The 
Environmental Appeals Board shall rule on the appeal within 30 days of 
receipt of a petition. No appeal may be made before receipt of the 
decision of the Presiding Officer.

[45 FR 50110, July 20, 1980, as amended at 57 FR 5329, Feb. 13, 1992]



         Sec. Appendix A to Part 66--Technical Support Document

    Note: For text of appendix A see appendix A to part 67.



             Sec. Appendix B to Part 66--Instruction Manual

    Note: For text of appendix B see appendix B to part 67.



              Sec. Appendix C to Part 66--Computer Program

    Note: For text of appendix C see appendix C to part 67.



PART 67_EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM--Table of Contents




                       Subpart A_Purpose and Scope

Sec.
67.1 Purpose and scope.

                  Subpart B_Approval of State Programs

67.11 Standards for approval of State programs.
67.12 Application for approval of programs.
67.13 Approval.
67.14 Amendments to the program.
67.15 Revocation.

  Subpart C_Federal Notice of Noncompliance to Sources in States With 
                            Approved Programs

67.21 Federal notice of noncompliance to owners or operators of sources 
          in States with approved programs.

     Subpart D_EPA Review of State Compliance or Exemption Decisions

67.31 Review by the Administrator.
67.32 Procedure where no formal State hearing was held.
67.33 Procedure where a formal State hearing was held.

            Subpart E_EPA Review of State Penalty Assessments

67.41 When EPA may review.
67.42 Procedure where no formal State hearing was held.
67.43 Procedure where a formal State hearing was held.

Appendix A to Part 67--Technical Support Document [Note]
Appendix B to Part 67--Instruction Manual [Note]
Appendix C to Part 67--Computer Program [Note]

    Authority: Sec. 120 of the Clean Air Act, as amended, 42 U.S.C. 
7420, unless otherwise noted.

    Source: 45 FR 50117, July 28, 1980, unless otherwise noted.

[[Page 155]]



                       Subpart A_Purpose and Scope



Sec. 67.1  Purpose and scope.

    This part describes the standards and procedures under which EPA 
will approve State programs for administering the noncompliance penalty 
program under section 120 of the Clean Air Act and will evaluate actions 
taken by States with approved programs. Subpart A describes the purpose 
of the part. Subpart B states the conditions under which EPA will 
approve State programs to administer the noncompliance penalty 
provisions. Subparts C and D state when and how EPA will issue its own 
notices to owners or operators of sources in States with approved 
programs, and how it will review State decisions to grant or deny 
exemptions from the penalty. Finally, subpart E states how EPA will 
review State assessments of a penalty.



                  Subpart B_Approval of State Programs



Sec. 67.11  Standards for approval of State programs.

    (a) The Administrator shall approve any program submitted by a 
State, or by a local governmental agency where no program has been 
submitted by a State, for administering the noncompliance penalty 
provisions of section 120 of the Clean Air Act upon finding that the 
program conforms to the requirements of the Act and to those of this 
part and 40 CFR part 66. References to ``State program'' in this part 
shall be read as including local governmental agencies and their 
programs.
    (b) The Administrator shall not approve any State program that does 
not provide explicitly for:
    (1) Issuance of a notice of noncompliance, in a manner consistent 
with procedures under part 66, upon discovery by the State or upon 
notification by EPA of a violation of applicable legal requirements, 
which notice satisfies the informational requirements set forth in Sec. 
66.13.
    (2) Levels of staffing and funding satisfactory, in the judgment of 
the Administrator, to implement and enforce the requirements of section 
120 in that State, together with adequate provision for maintaining such 
levels;
    (3) A capability to carry out the financial analysis and procedures 
specified in these regulations and the Technical Support Document, 
Instruction Manual, and related Computer Program, available from the 
Director of Stationary Source Compliance Division, EN-341, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, together with adequate 
provision for maintaining such capability. Such capability may be 
provided by trained State personnel or through qualified contractors;
    (4) Except as provided in paragraph (a)(6) of this section, an 
administrative hearing whenever the owner or operator of a source 
submits a petition for reconsideration of a notice of noncompliance on 
the ground that the source either is not in violation of applicable 
legal requirements, or is entitled to an exemption, or both, or submits 
a petition to challenge a recalculation of the penalty by the State, 
provided that such petitions raise issues of fact that would require a 
hearing under part 66. This hearing need not conform to the requirements 
of 5 U.S.C. 554 as long as its procedures provide for:
    (i) An initial decision by the hearing officer on the record;
    (ii) A hearing officer who has not performed investigative or 
litigating functions in any enforcement action against the source owner 
or operator in question;
    (iii) Opportunity for public participation on reasonable notice, 
including intervention, by interested persons;
    (iv) Opportunity for cross-examination or an equivalent opportunity 
for confrontation between persons advocating differing positions on 
material factual matters; and
    (v) An initial decision by the hearing officer within ninety days of 
commencement of the hearing unless such period is extended upon 
agreement of the parties.
    (5) Explicit provision for:
    (i) Notice to the Administrator of any determination granting an 
exemption, or finding a source in violation of applicable legal 
requirements, and any penalty calculation and payment

[[Page 156]]

schedule approved or calculated by the State, together with any 
information necessary to verify its accuracy;
    (ii) Within 30 days of receipt of a request from the Administrator, 
transmission of a copy of the record of the hearing held under paragraph 
(a)(4) or (6) of this section, including any proffered evidence and a 
ruling on its admissibility and the State's decision on the merits; and
    (iii) Additional reporting and recordkeeping, if necessary, adequate 
to enable the Administrator to review the State's administration of the 
program and determine whether it conforms to the Act and to part 66 of 
these regulations. Such requirements will be specified in the Notice of 
Delegation to the State.
    (6) A hearing on the question of whether the owner or operator of a 
source is entitled to an exemption pursuant to Sec. 66.32 or Sec. 
66.33 may be informal. The hearing shall be scheduled upon notice to the 
public. Reasonable opportunity to testify and for submission of 
questions to the petitioner by members of the public shall be afforded. 
A record of the hearing shall be made, and the decision of the hearing 
officer made in writing within a reasonable period of time after the 
close of the hearing.
    (c) The State may delegate all or part of its responsibilities under 
its program to a local governmental agency to implement the program 
within the jurisdiction of the local agency, Provided that the program 
of the local government agency meets the requirements of this section.
    (d) No State penalty program or program of one of its agents shall 
be disapproved because it is more stringent than the program established 
by part 66 or by section 120 where the State or local agent concludes 
that it has independent authority under State or local law to implement 
and administer the more stringent portions of the program.

[45 FR 50117, July 28, 1980, as amended at 54 FR 25259, June 14, 1989]



Sec. 67.12  Application for approval of programs.

    A state that wishes to administer a section 120 program shall submit 
an application in writing to the Administrator describing its proposed 
program. All necessary supporting materials shall accompany the 
application.



Sec. 67.13  Approval.

    (a) The Administrator shall evaluate any application submitted under 
Sec. 67.12 and shall:
    (1) Approve the program and delegate authority to the State to 
administer the program if he determines that the requirements of Sec. 
67.11 have been and will be met; or
    (2) Request additional information if he determines that the 
information submitted is not sufficient to allow him to determine 
whether the requirements of Sec. 67.11 have been and will be met; or
    (3) Disapprove the State program if he determines that the 
information submitted establishes that the requirements of Sec. 67.11 
have not been or will not be met.
    (b) The Administrator shall notify the State in writing of his 
action under paragraph (a) of this section and shall state the reasons 
for his action.
    (c) In all cases of delegation (whether or not express provision is 
made in the notice of delegation) the Administrator shall retain 
continuing authority to issue notices of noncompliance, review exemption 
requests or penalty calculations, or take any other steps set forth in 
part 66 to assess and collect these penalties. Such authority shall be 
exercised pursuant to the provisions of Sec. 67.21.
    (d) The Administrator shall retain exclusive authority to assess and 
collect penalties against source owners or operators of facilities in 
the State who were issued notices of noncompliance pursuant to part 66 
prior to the effective date of the delegation, except to the extent the 
Administrator specifically delegates such authority to the State.



Sec. 67.14  Amendments to the program.

    A State or local agent with a program approved pursuant to Sec. 
67.13 may propose amendments to that program to the Administrator. The 
Administrator shall evaluate whether the State or local agent's program 
as amended would conform to the requirements of

[[Page 157]]

Sec. 67.11 and shall respond as provided in Sec. 67.13.



Sec. 67.15  Revocation.

    If the Administrator determines that a State with a program approved 
under Sec. 67.13 is not administering the program in conformity with 
the requirements of the Act or Sec. 67.11, or the delegation of 
authority, he shall provide the State written notice of that 
determination, setting forth his reasons. Copies of all supporting 
materials shall accompany the notice if requested, or shall be placed on 
file in the appropriate Regional Office and made available for 
inspection during normal business hours. The State shall have 90 days in 
which to respond in writing to this determination. If the Administrator 
finds after reviewing the State response that (a) the State is in fact 
administering the program in conformity with Sec. 67.11, or (b) there 
are reasonable grounds to believe the State program will immediately be 
brought into conformity with that section, he shall withdraw his 
determination. If he finds that neither of these conditions has been 
met, he shall withdraw the delegation of authority to the State.



  Subpart C_Federal Notice of Noncompliance to Sources in States With 
                            Approved Programs



Sec. 67.21  Federal notice of noncompliance to owners or operators of sources 

in States with approved programs.

    (a) The Administrator shall issue a notice of noncompliance to the 
owner or operator of any source in a State with an approved program if 
he determines that the State or its local agent has failed to issue such 
notice, provided that he shall first give 30 days notice to the State of 
his intent to issue a notice of noncompliance to the owner or operator 
of the source in question unless the State or its agent does so first. 
Any notice issued by the Administrator pursuant to this section shall be 
deemed to be issued pursuant to the provisions of part 66.
    (b) The issuance of a notice of noncompliance shall operate to 
withdraw EPA delegation of authority to the State with respect to the 
particular facility in question.
    (c) If the Administrator determines that the State or local agent 
has issued a notice of noncompliance but has failed to pursue diligently 
subsequent steps for the assessment and collection of the penalty, he 
shall notify the State of his intent to withdraw delegation of authority 
to the State with respect to the facility in question and take 
appropriate actions pursuant to part 66 unless the State or local agent, 
within 30 days, takes appropriate action in accordance with the 
requirements of this part. In either case the penalty will be calculated 
from the date of the State notice.



     Subpart D_EPA Review of State Compliance or Exemption Decisions



Sec. 67.31  Review by the Administrator.

    (a) The Administrator may, on his own initiative, review any 
determination by a State or its agent that a source owner or operator is 
or is not in compliance with applicable legal requirements or is or is 
not entitled to an exemption, to determine whether that determination 
conforms to the requirements of the Act and part 66 (as modified by 
Sec. 67.11).
    (b) The Administrator shall review any such determination upon 
receipt of a petition alleging that the State's determination does not 
conform to the requirements of the Act and part 66 (as modified by Sec. 
67.11). Such petition must be filed within 20 days of issuance of the 
State's decision.
    (c) The Administrator shall give notice in writing to the State or 
local agent, to the owner or operator of the source, and to the 
petitioner of his intent to review the determination. Such notice shall 
be given within 90 days of the Administrator's receipt of the State or 
local agent's determination. Unless otherwise provided, such notice 
shall not withdraw EPA's delegation of authority to the State or local 
agent over the particular facility in question.
    (d) No such State determination shall become final until the 
expiration of 90 days after the Administrator's receipt of the notice 
required by Sec. 67.11(b)(5).

[[Page 158]]

    (1) If the Administrator does not issue a notice of intent to review 
within that period, the State determination shall, upon expiration of 
such period, constitute final action of the Administrator under section 
120 of the Act.
    (2) If the Administrator issues a notice of intent to review within 
that period, the State determination shall not become final until the 
Administrator takes final action after reviewing the determination.
    (e) Except as otherwise provided, a State determination shall be 
approved if there was a reasonable basis in law and in fact for making 
the determination.



Sec. 67.32  Procedure where no formal State hearing was held.

    (a) In reviewing a decision that a source is in compliance with 
applicable legal requirements or entitled to an exemption for which no 
hearing conforming to Sec. 67.11(b) (4) or (6) was held, the 
Administrator shall evaluate the accuracy and adequacy of the documents 
transmitted to him pursuant to Sec. 67.11(b)(5) and shall invite 
submission of comments on issues identified by him as relevant to his 
review.
    (b) If the Administrator concludes that no hearing need have been 
held and that the State determination was correct, he shall notify the 
State, the source owner or operator, and other participants of his 
determination, which shall constitute final agency action by EPA under 
authority of section 120. If the Administrator concludes that the 
petition of the source owner or operator presented information which, if 
true, would have altered the owner or operator's liability for a 
penalty, he shall upon notice to the State or local agent schedule a 
hearing in accordance with subpart E of part 66. Such notice shall 
operate as a withdrawal of EPA's delegation of authority to the State or 
local agent over the facility in question unless the State or local 
agent schedules a hearing within 15 days of receipt of the notice.
    (c) If the Administrator concludes that the State determination did 
not conform to the requirements of the Act or of part 66 (as modified by 
Sec. 67.11), he shall by written notice revoke the determination. Such 
revocation shall operate as a withdrawal of EPA's delegation of 
authority to the State or local agent over the facility in question. The 
source owner or operator may then petition for review of the 
Administrator's decision pursuant to the provisions of Sec. 66.13.
    (d) Unless otherwise provided in the Administrator's notice to the 
State or local agent, any noncompliance penalties owed by the source 
owner or operator shall be paid to the State or local agent. The 
Administrator shall send a copy of this notice to the source owner or 
operator.



Sec. 67.33  Procedure where a formal State hearing was held.

    (a) In reviewing a decision that a source is in compliance with 
applicable legal requirements or is entitled to an exemption for which a 
hearing conforming to Sec. 67.11(b) (4) or (6) was held, the 
Administrator may invite comment on issues identified by him as relevant 
to his review and shall propose or make findings as to the correctness 
of the determination and the accuracy and adequacy of the material 
transmitted pursuant to Sec. 67.11(b)(5).
    (b) The Administrator shall notify all participants in the State 
hearing of his findings and conclusions. If the Administrator concludes 
that the State determination conformed to the requirements of the Act 
and of part 66 (as modified by Sec. 66.11), the Administrator's 
determination shall constitute final administrative action by EPA under 
authority of Section 120. If the Administrator finds that the State 
determination did not conform to the requirements of the Act and of part 
66 (as modified by Sec. 67.11), the findings shall constitute proposed 
findings and the notice shall invite participants to file exceptions 
thereto. If the Administrator considers it desirable, he may schedule a 
time for argument.
    (c) Within 60 days of receipt of any briefs or exceptions or after 
oral argument pursuant to paragraph (b), the Administrator shall affirm, 
modify, or revoke his proposed findings that the State's determination 
did not conform to the requirements of the Act or of part 66 (as 
modified by Sec. 67.11). The decision shall be in writing. Notice and a 
copy of the decision shall be provided

[[Page 159]]

to the source owner or operator and to all other participants in the 
State hearing. The decision shall constitute a final administrative 
action by EPA under authority of section 120.
    (d) If the Administrator finds that deficiencies in the hearing 
record prevent him from determining whether the determination of the 
State or local agent conformed to the requirements of the Act and part 
66 (as modified by Sec. 67.11), he shall notify the State or local 
agent of his finding and specify what deficiencies exist and schedule a 
hearing pursuant to subpart E of part 66. Such notice shall operate as a 
withdrawal of EPA's delegation of authority to the State or local agent 
over the facility in question unless the State or local agent schedules 
a supplemental hearing to correct the deficiencies within 15 days of 
receipt of the notice.
    (e) If the Administrator concludes that the source is in violation 
of applicable legal requirements or is not entitled to an exemption, or 
both, and unless otherwise ordered in the decision, the source owner or 
operator shall submit a penalty calculation to the State within 45 days 
of receipt of the notice of determination.



            Subpart E_EPA Review of State Penalty Assessments



Sec. 67.41  When EPA may review.

    (a) The Administrator may on his own initiative or on petition 
review any initial, interim, or final penalty calculation made or 
approved by the State or local agent to determine whether it conforms to 
the requirements of the Act, of part 66, of the Technical Support 
Document and the Instruction Manual. The Administrator shall notify the 
State or local agent in writing of his intention to review the 
calculation within 60 days of receipt by EPA of the calculation or any 
item considered by the State in making or approving such calculation, 
whichever occurs later.
    (b) No such State determination shall become final until the 
expiration of 90 days after the Administrator's receipt of the notice 
required by Sec. 67.11(b)(5).
    (1) If the Administrator does not issue a notice of intent to review 
within that period, the State determination shall, upon expiration of 
such period, constitute final action of the Administrator under section 
120 of the Act.
    (2) If the Administrator issues a notice of intent to review within 
that period, the State determination shall not become final until the 
Administrator takes final action after reviewing the determination.
    (c) Except as otherwise provided, a State determination shall be 
approved if there was a reasonable basis in law and in fact for making 
the determination.



Sec. 67.42  Procedure where no formal State hearing was held.

    (a) In reviewing a penalty calculation for which no hearing 
conforming to the requirements of Sec. 67.11(b)(4) was held, the 
Administrator shall evaluate the accuracy and adequacy of the data 
contained in the documents transmitted to him pursuant to Sec. 
67.11(b)(5) and shall invite comments on issues identified by him as 
relevant to his review.
    (b) If the Administrator concludes that no hearing need have been 
held and that the State determination was correct, he shall notify the 
State, the source owner or operator, and other participants of his 
determination, which shall constitute final agency action by EPA under 
authority of section 120. If the Administrator concludes that the 
petition of the source owner or operator for reconsideration of a 
recalculation presented information which, if true, would have altered 
the amount of the penalty calculated, he shall upon notice to the State 
schedule a hearing in accordance with subpart F of part 66. Such notice 
shall operate as a withdrawal of EPA's delegation of authority to the 
State or local agent over the facility in question unless the State or 
local agent schedules a hearing within 15 days of receipt of the notice.
    (c) If the Administrator concludes that the determination of the 
State or local agent not to hold a hearing was proper but that the 
penalty calculation does not conform to the requirements of the Act or 
of part 66, he shall by written notice revoke the determination and 
issue a notice of recalculation

[[Page 160]]

to the source owner or operator pursuant to Sec. 66.51. A copy of the 
notice of recalculation shall be provided to the State or local agent. 
The notice of recalculation shall constitute final administrative action 
by EPA under authority of section 120 unless the source owner or 
operator petitions for reconsideration under Sec. 66.52, in which case 
it shall operate as a withdrawal by EPA of its delegation of authority 
to the State or local agent over the facility in question.
    (d) Unless otherwise provided in the Administrator's notice, 
noncompliance penalties finally determined to be owed shall be paid to 
the State or local agent.



Sec. 67.43  Procedure where a formal State hearing was held.

    (a) In reviewing a penalty calculation for which a hearing 
conforming to Sec. 67.11(b)(4) was held, the Administrator may invite 
comment on issues identified by him as relevant to his review and shall 
propose or make findings as to the correctness of the determination and 
shall evaluate the accuracy and adequacy of the material transmitted 
pursuant to Sec. 67.11(b)(5).
    (b) The Administrator shall notify all participants in the State 
hearing of his findings and conclusions. If the Administrator finds that 
the State determination conformed to the requirements of the Act, part 
66 (as modified by Sec. 67.11), the Technical Support Document, and the 
Instruction Manual, his determination shall constitute a final action 
pursuant to section 120. If the Administrator finds that the State 
determination did not conform to the requirements of the Act or of part 
66 (as modified by Sec. 67.11) or to the Technical Support Document or 
Instruction Manual, the findings shall constitute proposed findings, and 
the notice shall invite participants to file exceptions to his proposed 
findings and, if necessary, schedule a time for argument.
    (c) Within 60 days of receipt of any briefs or exceptions or after 
oral argument, the Administrator shall affirm, modify, or revoke his 
proposed findings that the State or local agent's determination did not 
conform to the requirements of the Act or of part 66 (as modified by 
Sec. 67.11) or the Technical Support Document or Instruction Manual. 
The decision shall be in writing. Notice and a copy of the decision, 
which shall constitute final administrative action by EPA pursuant to 
section 120, shall be provided to the source owner or operator and to 
all other participants in the State hearing.
    (d) If the Administrator finds that deficiencies in the State or 
local agent's hearing record prevent him from determining whether the 
State or local agent's determination conformed to the requirements of 
the Act and part 66 (as modified by Sec. 67.11) or the Technical 
Support Document or Instruction Manual, he shall notify the State or 
local agent of his decision and specify what dificiencies exist and 
schedule a hearing in accordance with subpart F of part 66. Such notice 
shall operate to withdraw EPA's delegation of authority to the State or 
local agent over the facility in question unless the State or local 
agent within 15 days schedules a supplemental hearing to correct the 
deficiencies.
    (e) Unless otherwise provided in the Administrator's notice to the 
State or local agent, any noncompliance penalties owed by the source 
owner or operator shall be paid to the State or local agent.



         Sec. Appendix A to Part 67--Technical Support Document

    Note: EPA will make copies of appendix A available from: Director, 
Stationary Source Compliance Division, EN-341, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460.

[54 FR 25259, June 20, 1989]



             Sec. Appendix B to Part 67--Instruction Manual

    Note: EPA will make copies of appendix B available from: Director, 
Stationary Source Compliance Division, EN-341, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460.

[54 FR 25259, June 20, 1989]



              Sec. Appendix C to Part 67--Computer Program

    Note: EPA will make copies of appendix C available from: Director, 
Stationary Source Compliance Division, EN-341, 1200 Pennsylvania., NW., 
Washington, DC 20460.

[54 FR 25259, June 20, 1989]

[[Page 161]]



PART 68_CHEMICAL ACCIDENT PREVENTION PROVISIONS--Table of Contents




                            Subpart A_General

Sec.
68.1 Scope.
68.3 Definitions.
68.10 Applicability.
68.12 General requirements.
68.15 Management.

                       Subpart B_Hazard Assessment

68.20 Applicability.
68.22 Offsite consequence analysis parameters.
68.25 Worst-case release scenario analysis.
68.28 Alternative release scenario analysis.
68.30 Defining offsite impacts--population.
68.33 Defining offsite impacts--environment.
68.36 Review and update.
68.39 Documentation.
68.42 Five-year accident history.

                 Subpart C_Program 2 Prevention Program

68.48 Safety information.
68.50 Hazard review.
68.52 Operating procedures.
68.54 Training.
68.56 Maintenance.
68.58 Compliance audits.
68.60 Incident investigation.

                 Subpart D_Program 3 Prevention Program

68.65 Process safety information.
68.67 Process hazard analysis.
68.69 Operating procedures.
68.71 Training.
68.73 Mechanical integrity.
68.75 Management of change.
68.77 Pre-startup review.
68.79 Compliance audits.
68.81 Incident investigation.
68.83 Employee participation.
68.85 Hot work permit.
68.87 Contractors.

                      Subpart E_Emergency Response

68.90 Applicability.
68.95 Emergency response program.

    Subpart F_Regulated Substances for Accidental Release Prevention

68.100 Purpose.
68.115 Threshold determination.
68.120 Petition process.
68.125 Exemptions.
68.126 Exclusion.
68.130 List of substances.

                     Subpart G_Risk Management Plan

68.150 Submission.
68.151 Assertion of claims of confidential business information.
68.152 Substantiating claims of confidential business information.
68.155 Executive summary.
68.160 Registration.
68.165 Offsite consequence analysis.
68.168 Five-year accident history.
68.170 Prevention program/Program 2.
68.175 Prevention program/Program 3.
68.180 Emergency response program.
68.185 Certification.
68.190 Updates.

                      Subpart H_Other Requirements

68.200 Recordkeeping.
68.210 Availability of information to the public.
68.215 Permit content and air permitting authority or designated agency 
          requirements.
68.220 Audits.

Appendix A to Part 68--Table of Toxic Endpoints

    Authority: 42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f.

    Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.



                            Subpart A_General



Sec. 68.1  Scope.

    This part sets forth the list of regulated substances and 
thresholds, the petition process for adding or deleting substances to 
the list of regulated substances, the requirements for owners or 
operators of stationary sources concerning the prevention of accidental 
releases, and the State accidental release prevention programs approved 
under section 112(r). The list of substances, threshold quantities, and 
accident prevention regulations promulgated under this part do not limit 
in any way the general duty provisions under section 112(r)(1).



Sec. 68.3  Definitions.

    For the purposes of this part:
    Accidental release means an unanticipated emission of a regulated 
substance or other extremely hazardous substance into the ambient air 
from a stationary source.
    Act means the Clean Air Act as amended (42 U.S.C. 7401 et seq.)

[[Page 162]]

    Administrative controls mean written procedural mechanisms used for 
hazard control.
    Administrator means the administrator of the U.S. Environmental 
Protection Agency.
    AIChE/CCPS means the American Institute of Chemical Engineers/Center 
for Chemical Process Safety.
    API means the American Petroleum Institute.
    Article means a manufactured item, as defined under 29 CFR 
1910.1200(b), that is formed to a specific shape or design during 
manufacture, that has end use functions dependent in whole or in part 
upon the shape or design during end use, and that does not release or 
otherwise result in exposure to a regulated substance under normal 
conditions of processing and use.
    ASME means the American Society of Mechanical Engineers.
    CAS means the Chemical Abstracts Service.
    Catastrophic release means a major uncontrolled emission, fire, or 
explosion, involving one or more regulated substances that presents 
imminent and substantial endangerment to public health and the 
environment.
    Classified information means ``classified information'' as defined 
in the Classified Information Procedures Act, 18 U.S.C. App. 3, section 
1(a) as ``any information or material that has been determined by the 
United States Government pursuant to an executive order, statute, or 
regulation, to require protection against unauthorized disclosure for 
reasons of national security.''
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in temperature, pressure, or both, and remains 
liquid at standard conditions.
    Covered process means a process that has a regulated substance 
present in more than a threshold quantity as determined under Sec. 
68.115.
    Crude oil means any naturally occurring, unrefined petroleum liquid.
    Designated agency means the state, local, or Federal agency 
designated by the state under the provisions of Sec. 68.215(d) .
    DOT means the United States Department of Transportation.
    Environmental receptor means natural areas such as national or state 
parks, forests, or monuments; officially designated wildlife 
sanctuaries, preserves, refuges, or areas; and Federal wilderness areas, 
that could be exposed at any time to toxic concentrations, radiant heat, 
or overpressure greater than or equal to the endpoints provided in Sec. 
68.22(a) , as a result of an accidental release and that can be 
identified on local U. S. Geological Survey maps.
    Field gas means gas extracted from a production well before the gas 
enters a natural gas processing plant.
    Hot work means work involving electric or gas welding, cutting, 
brazing, or similar flame or spark-producing operations.
    Implementing agency means the state or local agency that obtains 
delegation for an accidental release prevention program under subpart E, 
40 CFR part 63. The implementing agency may, but is not required to, be 
the state or local air permitting agency. If no state or local agency is 
granted delegation, EPA will be the implementing agency for that state.
    Injury means any effect on a human that results either from direct 
exposure to toxic concentrations; radiant heat; or overpressures from 
accidental releases or from the direct consequences of a vapor cloud 
explosion (such as flying glass, debris, and other projectiles) from an 
accidental release and that requires medical treatment or 
hospitalization.
    Major change means introduction of a new process, process equipment, 
or regulated substance, an alteration of process chemistry that results 
in any change to safe operating limits, or other alteration that 
introduces a new hazard.
    Mechanical integrity means the process of ensuring that process 
equipment is fabricated from the proper materials of construction and is 
properly installed, maintained, and replaced to prevent failures and 
accidental releases.
    Medical treatment means treatment, other than first aid, 
administered by a physician or registered professional personnel under 
standing orders from a physician.

[[Page 163]]

    Mitigation or mitigation system means specific activities, 
technologies, or equipment designed or deployed to capture or control 
substances upon loss of containment to minimize exposure of the public 
or the environment. Passive mitigation means equipment, devices, or 
technologies that function without human, mechanical, or other energy 
input. Active mitigation means equipment, devices, or technologies that 
need human, mechanical, or other energy input to function.
    NAICS means North American Industry Classification System.
    NFPA means the National Fire Protection Association.
    Natural gas processing plant (gas plant) means any processing site 
engaged in the extraction of natural gas liquids from field gas, 
fractionation of mixed natural gas liquids to natural gas products, or 
both, classified as North American Industrial Classification System 
(NAICS) code 211112 (previously Standard Industrial Classification (SIC) 
code 1321).
    Offsite means areas beyond the property boundary of the stationary 
source, and areas within the property boundary to which the public has 
routine and unrestricted access during or outside business hours.
    OSHA means the U.S. Occupational Safety and Health Administration. 
Owner or operator means any person who owns, leases, operates, controls, 
or supervises a stationary source.
    Petroleum refining process unit means a process unit used in an 
establishment primarily engaged in petroleum refining as defined in 
NAICS code 32411 for petroleum refining (formerly SIC code 2911) and 
used for the following: Producing transportation fuels (such as 
gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene, 
fuel gas distillate, and fuel oils), or lubricants; Separating 
petroleum; or Separating, cracking, reacting, or reforming intermediate 
petroleum streams. Examples of such units include, but are not limited 
to, petroleum based solvent units, alkylation units, catalytic 
hydrotreating, catalytic hydrorefining, catalytic hydrocracking, 
catalytic reforming, catalytic cracking, crude distillation, lube oil 
processing, hydrogen production, isomerization, polymerization, thermal 
processes, and blending, sweetening, and treating processes. Petroleum 
refining process units include sulfur plants.
    Population means the public.
    Process means any activity involving a regulated substance including 
any use, storage, manufacturing, handling, or on-site movement of such 
substances, or combination of these activities. For the purposes of this 
definition, any group of vessels that are interconnected, or separate 
vessels that are located such that a regulated substance could be 
involved in a potential release, shall be considered a single process.
    Produced water means water extracted from the earth from an oil or 
natural gas production well, or that is separated from oil or natural 
gas after extraction.
    Public means any person except employees or contractors at the 
stationary source.
    Public receptor means offsite residences, institutions (e.g., 
schools, hospitals), industrial, commercial, and office buildings, 
parks, or recreational areas inhabited or occupied by the public at any 
time without restriction by the stationary source where members of the 
public could be exposed to toxic concentrations, radiant heat, or 
overpressure, as a result of an accidental release.
    Regulated substance is any substance listed pursuant to section 
112(r)(3) of the Clean Air Act as amended, in Sec. 68.130.
    Replacement in kind means a replacement that satisfies the design 
specifications.
    Retail facility means a stationary source at which more than one-
half of the income is obtained from direct sales to end users or at 
which more than one-half of the fuel sold, by volume, is sold through a 
cylinder exchange program.
    RMP means the risk management plan required under subpart G of this 
part.
    Stationary source means any buildings, structures, equipment, 
installations, or substance emitting stationary activities which belong 
to the same industrial group, which are located on one or more 
contiguous properties,

[[Page 164]]

which are under the control of the same person (or persons under common 
control), and from which an accidental release may occur. The term 
stationary source does not apply to transportation, including storage 
incident to transportation, of any regulated substance or any other 
extremely hazardous substance under the provisions of this part. A 
stationary source includes transportation containers used for storage 
not incident to transportation and transportation containers connected 
to equipment at a stationary source for loading or unloading. 
Transportation includes, but is not limited to, transportation subject 
to oversight or regulation under 49 CFR parts 192, 193, or 195, or a 
state natural gas or hazardous liquid program for which the state has in 
effect a certification to DOT under 49 U.S.C. section 60105. A 
stationary source does not include naturally occurring hydrocarbon 
reservoirs. Properties shall not be considered contiguous solely because 
of a railroad or pipeline right-of-way.
    Threshold quantity means the quantity specified for regulated 
substances pursuant to section 112(r)(5) of the Clean Air Act as 
amended, listed in Sec. 68.130 and determined to be present at a 
stationary source as specified in Sec. 68.115 of this part.
    Typical meteorological conditions means the temperature, wind speed, 
cloud cover, and atmospheric stability class, prevailing at the site 
based on data gathered at or near the site or from a local 
meteorological station.
    Vessel means any reactor, tank, drum, barrel, cylinder, vat, kettle, 
boiler, pipe, hose, or other container.
    Worst-case release means the release of the largest quantity of a 
regulated substance from a vessel or process line failure that results 
in the greatest distance to an endpoint defined in Sec. 68.22(a).

[59 FR 4493, Jan. 31, 1994, as amended at 61 FR 31717, June 20, 1996; 63 
FR 644, Jan. 6, 1998; 64 FR 979, Jan. 6, 1999; 65 FR 13250, Mar. 13, 
2000]



Sec. 68.10  Applicability.

    (a) An owner or operator of a stationary source that has more than a 
threshold quantity of a regulated substance in a process, as determined 
under Sec. 68.115, shall comply with the requirements of this part no 
later than the latest of the following dates:
    (1) June 21, 1999;
    (2) Three years after the date on which a regulated substance is 
first listed under Sec. 68.130; or
    (3) The date on which a regulated substance is first present above a 
threshold quantity in a process.
    (b) Program 1 eligibility requirements. A covered process is 
eligible for Program 1 requirements as provided in Sec. 68.12(b) if it 
meets all of the following requirements:
    (1) For the five years prior to the submission of an RMP, the 
process has not had an accidental release of a regulated substance where 
exposure to the substance, its reaction products, overpressure generated 
by an explosion involving the substance, or radiant heat generated by a 
fire involving the substance led to any of the following offsite:
    (i) Death;
    (ii) Injury; or
    (iii) Response or restoration activities for an exposure of an 
environmental receptor;
    (2) The distance to a toxic or flammable endpoint for a worst-case 
release assessment conducted under subpart B and Sec. 68.25 is less 
than the distance to any public receptor, as defined in Sec. 68.30; and
    (3) Emergency response procedures have been coordinated between the 
stationary source and local emergency planning and response 
organizations.
    (c) Program 2 eligibility requirements. A covered process is subject 
to Program 2 requirements if it does not meet the eligibility 
requirements of either paragraph (b) or paragraph (d) of this section.
    (d) Program 3 eligibility requirements. A covered process is subject 
to Program 3 if the process does not meet the requirements of paragraph 
(b) of this section, and if either of the following conditions is met:
    (1) The process is in NAICS code 32211, 32411, 32511, 325181, 
325188, 325192, 325199, 325211, 325311, or 32532; or
    (2) The process is subject to the OSHA process safety management 
standard, 29 CFR 1910.119.

[[Page 165]]

    (e) If at any time a covered process no longer meets the eligibility 
criteria of its Program level, the owner or operator shall comply with 
the requirements of the new Program level that applies to the process 
and update the RMP as provided in Sec. 68.190.
    (f) The provisions of this part shall not apply to an Outer 
Continental Shelf (``OCS'') source, as defined in 40 CFR 55.2.

[61 FR 31717, June 20, 1996, as amended at 63 FR 645, Jan. 6, 1998; 64 
FR 979, Jan. 6, 1999]



Sec. 68.12  General requirements.

    (a) General requirements. The owner or operator of a stationary 
source subject to this part shall submit a single RMP, as provided in 
Sec. Sec. 68.150 to 68.185. The RMP shall include a registration that 
reflects all covered processes.
    (b) Program 1 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process eligible for Program 1, as provided in Sec. 
68.10(b), shall:
    (1) Analyze the worst-case release scenario for the process(es), as 
provided in Sec. 68.25; document that the nearest public receptor is 
beyond the distance to a toxic or flammable endpoint defined in Sec. 
68.22(a); and submit in the RMP the worst-case release scenario as 
provided in Sec. 68.165;
    (2) Complete the five-year accident history for the process as 
provided in Sec. 68.42 of this part and submit it in the RMP as 
provided in Sec. 68.168;
    (3) Ensure that response actions have been coordinated with local 
emergency planning and response agencies; and
    (4) Certify in the RMP the following: ``Based on the criteria in 40 
CFR 68.10, the distance to the specified endpoint for the worst-case 
accidental release scenario for the following process(es) is less than 
the distance to the nearest public receptor: [list process(es)]. Within 
the past five years, the process(es) has (have) had no accidental 
release that caused offsite impacts provided in the risk management 
program rule (40 CFR 68.10(b)(1)). No additional measures are necessary 
to prevent offsite impacts from accidental releases. In the event of 
fire, explosion, or a release of a regulated substance from the 
process(es), entry within the distance to the specified endpoints may 
pose a danger to public emergency responders. Therefore, public 
emergency responders should not enter this area except as arranged with 
the emergency contact indicated in the RMP. The undersigned certifies 
that, to the best of my knowledge, information, and belief, formed after 
reasonable inquiry, the information submitted is true, accurate, and 
complete. [Signature, title, date signed].''
    (c) Program 2 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process subject to Program 2, as provided in Sec. 
68.10(c), shall:
    (1) Develop and implement a management system as provided in Sec. 
68.15;
    (2) Conduct a hazard assessment as provided in Sec. Sec. 68.20 
through 68.42;
    (3) Implement the Program 2 prevention steps provided in Sec. Sec. 
68.48 through 68.60 or implement the Program 3 prevention steps provided 
in Sec. Sec. 68.65 through 68.87;
    (4) Develop and implement an emergency response program as provided 
in Sec. Sec. 68.90 to 68.95; and
    (5) Submit as part of the RMP the data on prevention program 
elements for Program 2 processes as provided in Sec. 68.170.
    (d) Program 3 requirements. In addition to meeting the requirements 
of paragraph (a) of this section, the owner or operator of a stationary 
source with a process subject to Program 3, as provided in Sec. 
68.10(d) shall:
    (1) Develop and implement a management system as provided in Sec. 
68.15;
    (2) Conduct a hazard assessment as provided in Sec. Sec. 68.20 
through 68.42;
    (3) Implement the prevention requirements of Sec. Sec. 68.65 
through 68.87;
    (4) Develop and implement an emergency response program as provided 
in Sec. Sec. 68.90 to 68.95 of this part; and
    (5) Submit as part of the RMP the data on prevention program 
elements for Program 3 processes as provided in Sec. 68.175.

[61 FR 31718, June 20, 1996]



Sec. 68.15  Management.

    (a) The owner or operator of a stationary source with processes 
subject

[[Page 166]]

to Program 2 or Program 3 shall develop a management system to oversee 
the implementation of the risk management program elements.
    (b) The owner or operator shall assign a qualified person or 
position that has the overall responsibility for the development, 
implementation, and integration of the risk management program elements.
    (c) When responsibility for implementing individual requirements of 
this part is assigned to persons other than the person identified under 
paragraph (b) of this section, the names or positions of these people 
shall be documented and the lines of authority defined through an 
organization chart or similar document.

[61 FR 31718, June 20, 1996]



                       Subpart B_Hazard Assessment

    Source: 61 FR 31718, June 20, 1996, unless otherwise noted.



Sec. 68.20  Applicability.

    The owner or operator of a stationary source subject to this part 
shall prepare a worst-case release scenario analysis as provided in 
Sec. 68.25 of this part and complete the five-year accident history as 
provided in Sec. 68.42. The owner or operator of a Program 2 and 3 
process must comply with all sections in this subpart for these 
processes.



Sec. 68.22  Offsite consequence analysis parameters.

    (a) Endpoints. For analyses of offsite consequences, the following 
endpoints shall be used:
    (1) Toxics. The toxic endpoints provided in appendix A of this part.
    (2) Flammables. The endpoints for flammables vary according to the 
scenarios studied:
    (i) Explosion. An overpressure of 1 psi.
    (ii) Radiant heat/exposure time. A radiant heat of 5 kw/m\2\ for 40 
seconds.
    (iii) Lower flammability limit. A lower flammability limit as 
provided in NFPA documents or other generally recognized sources.
    (b) Wind speed/atmospheric stability class. For the worst-case 
release analysis, the owner or operator shall use a wind speed of 1.5 
meters per second and F atmospheric stability class. If the owner or 
operator can demonstrate that local meteorological data applicable to 
the stationary source show a higher minimum wind speed or less stable 
atmosphere at all times during the previous three years, these minimums 
may be used. For analysis of alternative scenarios, the owner or 
operator may use the typical meteorological conditions for the 
stationary source.
    (c) Ambient temperature/humidity. For worst-case release analysis of 
a regulated toxic substance, the owner or operator shall use the highest 
daily maximum temperature in the previous three years and average 
humidity for the site, based on temperature/humidity data gathered at 
the stationary source or at a local meteorological station; an owner or 
operator using the RMP Offsite Consequence Analysis Guidance may use 25 
[deg]C and 50 percent humidity as values for these variables. For 
analysis of alternative scenarios, the owner or operator may use typical 
temperature/humidity data gathered at the stationary source or at a 
local meteorological station.
    (d) Height of release. The worst-case release of a regulated toxic 
substance shall be analyzed assuming a ground level (0 feet) release. 
For an alternative scenario analysis of a regulated toxic substance, 
release height may be determined by the release scenario.
    (e) Surface roughness. The owner or operator shall use either urban 
or rural topography, as appropriate. Urban means that there are many 
obstacles in the immediate area; obstacles include buildings or trees. 
Rural means there are no buildings in the immediate area and the terrain 
is generally flat and unobstructed.
    (f) Dense or neutrally buoyant gases. The owner or operator shall 
ensure that tables or models used for dispersion analysis of regulated 
toxic substances appropriately account for gas density.
    (g) Temperature of released substance. For worst case, liquids other 
than gases liquified by refrigeration only shall be considered to be 
released

[[Page 167]]

at the highest daily maximum temperature, based on data for the previous 
three years appropriate for the stationary source, or at process 
temperature, whichever is higher. For alternative scenarios, substances 
may be considered to be released at a process or ambient temperature 
that is appropriate for the scenario.



Sec. 68.25  Worst-case release scenario analysis.

    (a) The owner or operator shall analyze and report in the RMP:
    (1) For Program 1 processes, one worst-case release scenario for 
each Program 1 process;
    (2) For Program 2 and 3 processes:
    (i) One worst-case release scenario that is estimated to create the 
greatest distance in any direction to an endpoint provided in appendix A 
of this part resulting from an accidental release of regulated toxic 
substances from covered processes under worst-case conditions defined in 
Sec. 68.22;
    (ii) One worst-case release scenario that is estimated to create the 
greatest distance in any direction to an endpoint defined in Sec. 
68.22(a) resulting from an accidental release of regulated flammable 
substances from covered processes under worst-case conditions defined in 
Sec. 68.22; and
    (iii) Additional worst-case release scenarios for a hazard class if 
a worst-case release from another covered process at the stationary 
source potentially affects public receptors different from those 
potentially affected by the worst-case release scenario developed under 
paragraphs (a)(2)(i) or (a)(2)(ii) of this section.
    (b) Determination of worst-case release quantity. The worst-case 
release quantity shall be the greater of the following:
    (1) For substances in a vessel, the greatest amount held in a single 
vessel, taking into account administrative controls that limit the 
maximum quantity; or
    (2) For substances in pipes, the greatest amount in a pipe, taking 
into account administrative controls that limit the maximum quantity.
    (c) Worst-case release scenario--toxic gases. (1) For regulated 
toxic substances that are normally gases at ambient temperature and 
handled as a gas or as a liquid under pressure, the owner or operator 
shall assume that the quantity in the vessel or pipe, as determined 
under paragraph (b) of this section, is released as a gas over 10 
minutes. The release rate shall be assumed to be the total quantity 
divided by 10 unless passive mitigation systems are in place.
    (2) For gases handled as refrigerated liquids at ambient pressure:
    (i) If the released substance is not contained by passive mitigation 
systems or if the contained pool would have a depth of 1 cm or less, the 
owner or operator shall assume that the substance is released as a gas 
in 10 minutes;
    (ii) If the released substance is contained by passive mitigation 
systems in a pool with a depth greater than 1 cm, the owner or operator 
may assume that the quantity in the vessel or pipe, as determined under 
paragraph (b) of this section, is spilled instantaneously to form a 
liquid pool. The volatilization rate (release rate) shall be calculated 
at the boiling point of the substance and at the conditions specified in 
paragraph (d) of this section.
    (d) Worst-case release scenario--toxic liquids. (1) For regulated 
toxic substances that are normally liquids at ambient temperature, the 
owner or operator shall assume that the quantity in the vessel or pipe, 
as determined under paragraph (b) of this section, is spilled 
instantaneously to form a liquid pool.
    (i) The surface area of the pool shall be determined by assuming 
that the liquid spreads to 1 centimeter deep unless passive mitigation 
systems are in place that serve to contain the spill and limit the 
surface area. Where passive mitigation is in place, the surface area of 
the contained liquid shall be used to calculate the volatilization rate.
    (ii) If the release would occur onto a surface that is not paved or 
smooth, the owner or operator may take into account the actual surface 
characteristics.
    (2) The volatilization rate shall account for the highest daily 
maximum temperature occurring in the past three years, the temperature 
of the

[[Page 168]]

substance in the vessel, and the concentration of the substance if the 
liquid spilled is a mixture or solution.
    (3) The rate of release to air shall be determined from the 
volatilization rate of the liquid pool. The owner or operator may use 
the methodology in the RMP Offsite Consequence Analysis Guidance or any 
other publicly available techniques that account for the modeling 
conditions and are recognized by industry as applicable as part of 
current practices. Proprietary models that account for the modeling 
conditions may be used provided the owner or operator allows the 
implementing agency access to the model and describes model features and 
differences from publicly available models to local emergency planners 
upon request.
    (e) Worst-case release scenario--flammable gases. The owner or 
operator shall assume that the quantity of the substance, as determined 
under paragraph (b) of this section and the provisions below, vaporizes 
resulting in a vapor cloud explosion. A yield factor of 10 percent of 
the available energy released in the explosion shall be used to 
determine the distance to the explosion endpoint if the model used is 
based on TNT equivalent methods.
    (1) For regulated flammable substances that are normally gases at 
ambient temperature and handled as a gas or as a liquid under pressure, 
the owner or operator shall assume that the quantity in the vessel or 
pipe, as determined under paragraph (b) of this section, is released as 
a gas over 10 minutes. The total quantity shall be assumed to be 
involved in the vapor cloud explosion.
    (2) For flammable gases handled as refrigerated liquids at ambient 
pressure:
    (i) If the released substance is not contained by passive mitigation 
systems or if the contained pool would have a depth of one centimeter or 
less, the owner or operator shall assume that the total quantity of the 
substance is released as a gas in 10 minutes, and the total quantity 
will be involved in the vapor cloud explosion.
    (ii) If the released substance is contained by passive mitigation 
systems in a pool with a depth greater than 1 centimeter, the owner or 
operator may assume that the quantity in the vessel or pipe, as 
determined under paragraph (b) of this section, is spilled 
instantaneously to form a liquid pool. The volatilization rate (release 
rate) shall be calculated at the boiling point of the substance and at 
the conditions specified in paragraph (d) of this section. The owner or 
operator shall assume that the quantity which becomes vapor in the first 
10 minutes is involved in the vapor cloud explosion.
    (f) Worst-case release scenario--flammable liquids. The owner or 
operator shall assume that the quantity of the substance, as determined 
under paragraph (b) of this section and the provisions below, vaporizes 
resulting in a vapor cloud explosion. A yield factor of 10 percent of 
the available energy released in the explosion shall be used to 
determine the distance to the explosion endpoint if the model used is 
based on TNT equivalent methods.
    (1) For regulated flammable substances that are normally liquids at 
ambient temperature, the owner or operator shall assume that the entire 
quantity in the vessel or pipe, as determined under paragraph (b) of 
this section, is spilled instantaneously to form a liquid pool. For 
liquids at temperatures below their atmospheric boiling point, the 
volatilization rate shall be calculated at the conditions specified in 
paragraph (d) of this section.
    (2) The owner or operator shall assume that the quantity which 
becomes vapor in the first 10 minutes is involved in the vapor cloud 
explosion.
    (g) Parameters to be applied. The owner or operator shall use the 
parameters defined in Sec. 68.22 to determine distance to the 
endpoints. The owner or operator may use the methodology provided in the 
RMP Offsite Consequence Analysis Guidance or any commercially or 
publicly available air dispersion modeling techniques, provided the 
techniques account for the modeling conditions and are recognized by 
industry as applicable as part of current practices. Proprietary models 
that account for the modeling conditions may be used provided the owner 
or operator allows the implementing agency access to the model and 
describes model features and differences from publicly

[[Page 169]]

available models to local emergency planners upon request.
    (h) Consideration of passive mitigation. Passive mitigation systems 
may be considered for the analysis of worst case provided that the 
mitigation system is capable of withstanding the release event 
triggering the scenario and would still function as intended.
    (i) Factors in selecting a worst-case scenario. Notwithstanding the 
provisions of paragraph (b) of this section, the owner or operator shall 
select as the worst case for flammable regulated substances or the worst 
case for regulated toxic substances, a scenario based on the following 
factors if such a scenario would result in a greater distance to an 
endpoint defined in Sec. 68.22(a) beyond the stationary source boundary 
than the scenario provided under paragraph (b) of this section:
    (1) Smaller quantities handled at higher process temperature or 
pressure; and
    (2) Proximity to the boundary of the stationary source.

[61 FR 31718, June 20, 1996, as amended at 64 FR 28700, May 26, 1999]



Sec. 68.28  Alternative release scenario analysis.

    (a) The number of scenarios. The owner or operator shall identify 
and analyze at least one alternative release scenario for each regulated 
toxic substance held in a covered process(es) and at least one 
alternative release scenario to represent all flammable substances held 
in covered processes.
    (b) Scenarios to consider. (1) For each scenario required under 
paragraph (a) of this section, the owner or operator shall select a 
scenario:
    (i) That is more likely to occur than the worst-case release 
scenario under Sec. 68.25; and
    (ii) That will reach an endpoint offsite, unless no such scenario 
exists.
    (2) Release scenarios considered should include, but are not limited 
to, the following, where applicable:
    (i) Transfer hose releases due to splits or sudden hose uncoupling;
    (ii) Process piping releases from failures at flanges, joints, 
welds, valves and valve seals, and drains or bleeds;
    (iii) Process vessel or pump releases due to cracks, seal failure, 
or drain, bleed, or plug failure;
    (iv) Vessel overfilling and spill, or overpressurization and venting 
through relief valves or rupture disks; and
    (v) Shipping container mishandling and breakage or puncturing 
leading to a spill.
    (c) Parameters to be applied. The owner or operator shall use the 
appropriate parameters defined in Sec. 68.22 to determine distance to 
the endpoints. The owner or operator may use either the methodology 
provided in the RMP Offsite Consequence Analysis Guidance or any 
commercially or publicly available air dispersion modeling techniques, 
provided the techniques account for the specified modeling conditions 
and are recognized by industry as applicable as part of current 
practices. Proprietary models that account for the modeling conditions 
may be used provided the owner or operator allows the implementing 
agency access to the model and describes model features and differences 
from publicly available models to local emergency planners upon request.
    (d) Consideration of mitigation. Active and passive mitigation 
systems may be considered provided they are capable of withstanding the 
event that triggered the release and would still be functional.
    (e) Factors in selecting scenarios. The owner or operator shall 
consider the following in selecting alternative release scenarios:
    (1) The five-year accident history provided in Sec. 68.42; and
    (2) Failure scenarios identified under Sec. 68.50 or Sec. 68.67.



Sec. 68.30  Defining offsite impacts--population.

    (a) The owner or operator shall estimate in the RMP the population 
within a circle with its center at the point of the release and a radius 
determined by the distance to the endpoint defined in Sec. 68.22(a).
    (b) Population to be defined. Population shall include residential 
population. The presence of institutions (schools, hospitals, prisons), 
parks and

[[Page 170]]

recreational areas, and major commercial, office, and industrial 
buildings shall be noted in the RMP.
    (c) Data sources acceptable. The owner or operator may use the most 
recent Census data, or other updated information, to estimate the 
population potentially affected.
    (d) Level of accuracy. Population shall be estimated to two 
significant digits.



Sec. 68.33  Defining offsite impacts--environment.

    (a) The owner or operator shall list in the RMP environmental 
receptors within a circle with its center at the point of the release 
and a radius determined by the distance to the endpoint defined in Sec. 
68.22(a) of this part.
    (b) Data sources acceptable. The owner or operator may rely on 
information provided on local U.S. Geological Survey maps or on any data 
source containing U.S.G.S. data to identify environmental receptors.



Sec. 68.36  Review and update.

    (a) The owner or operator shall review and update the offsite 
consequence analyses at least once every five years.
    (b) If changes in processes, quantities stored or handled, or any 
other aspect of the stationary source might reasonably be expected to 
increase or decrease the distance to the endpoint by a factor of two or 
more, the owner or operator shall complete a revised analysis within six 
months of the change and submit a revised risk management plan as 
provided in Sec. 68.190.



Sec. 68.39  Documentation.

    The owner or operator shall maintain the following records on the 
offsite consequence analyses:
    (a) For worst-case scenarios, a description of the vessel or 
pipeline and substance selected as worst case, assumptions and 
parameters used, and the rationale for selection; assumptions shall 
include use of any administrative controls and any passive mitigation 
that were assumed to limit the quantity that could be released. 
Documentation shall include the anticipated effect of the controls and 
mitigation on the release quantity and rate.
    (b) For alternative release scenarios, a description of the 
scenarios identified, assumptions and parameters used, and the rationale 
for the selection of specific scenarios; assumptions shall include use 
of any administrative controls and any mitigation that were assumed to 
limit the quantity that could be released. Documentation shall include 
the effect of the controls and mitigation on the release quantity and 
rate.
    (c) Documentation of estimated quantity released, release rate, and 
duration of release.
    (d) Methodology used to determine distance to endpoints.
    (e) Data used to estimate population and environmental receptors 
potentially affected.



Sec. 68.42  Five-year accident history.

    (a) The owner or operator shall include in the five-year accident 
history all accidental releases from covered processes that resulted in 
deaths, injuries, or significant property damage on site, or known 
offsite deaths, injuries, evacuations, sheltering in place, property 
damage, or environmental damage.
    (b) Data required. For each accidental release included, the owner 
or operator shall report the following information:
    (1) Date, time, and approximate duration of the release;
    (2) Chemical(s) released;
    (3) Estimated quantity released in pounds and, for mixtures 
containing regulated toxic substances, percentage concentration by 
weight of the released regulated toxic substance in the liquid mixture;
    (4) Five- or six-digit NAICS code that most closely corresponds to 
the process;
    (5) The type of release event and its source;
    (6) Weather conditions, if known;
    (7) On-site impacts;
    (8) Known offsite impacts;
    (9) Initiating event and contributing factors if known;
    (10) Whether offsite responders were notified if known; and
    (11) Operational or process changes that resulted from investigation 
of the release and that have been made by the

[[Page 171]]

time this information is submitted in accordance with Sec. 68.168.
    (c) Level of accuracy. Numerical estimates may be provided to two 
significant digits.

[61 FR 31718, June 20, 1996, as amended at 64 FR 979, Jan. 6, 1999; 69 
FR 18831, Apr. 9, 2004]



                 Subpart C_Program 2 Prevention Program

    Source: 61 FR 31721, June 20, 1996, unless otherwise noted.



Sec. 68.48  Safety information.

    (a) The owner or operator shall compile and maintain the following 
up-to-date safety information related to the regulated substances, 
processes, and equipment:
    (1) Material Safety Data Sheets that meet the requirements of 29 CFR 
1910.1200(g);
    (2) Maximum intended inventory of equipment in which the regulated 
substances are stored or processed;
    (3) Safe upper and lower temperatures, pressures, flows, and 
compositions;
    (4) Equipment specifications; and
    (5) Codes and standards used to design, build, and operate the 
process.
    (b) The owner or operator shall ensure that the process is designed 
in compliance with recognized and generally accepted good engineering 
practices. Compliance with Federal or state regulations that address 
industry-specific safe design or with industry-specific design codes and 
standards may be used to demonstrate compliance with this paragraph.
    (c) The owner or operator shall update the safety information if a 
major change occurs that makes the information inaccurate.



Sec. 68.50  Hazard review.

    (a) The owner or operator shall conduct a review of the hazards 
associated with the regulated substances, process, and procedures. The 
review shall identify the following:
    (1) The hazards associated with the process and regulated 
substances;
    (2) Opportunities for equipment malfunctions or human errors that 
could cause an accidental release;
    (3) The safeguards used or needed to control the hazards or prevent 
equipment malfunction or human error; and
    (4) Any steps used or needed to detect or monitor releases.
    (b) The owner or operator may use checklists developed by persons or 
organizations knowledgeable about the process and equipment as a guide 
to conducting the review. For processes designed to meet industry 
standards or Federal or state design rules, the hazard review shall, by 
inspecting all equipment, determine whether the process is designed, 
fabricated, and operated in accordance with the applicable standards or 
rules.
    (c) The owner or operator shall document the results of the review 
and ensure that problems identified are resolved in a timely manner.
    (d) The review shall be updated at least once every five years. The 
owner or operator shall also conduct reviews whenever a major change in 
the process occurs; all issues identified in the review shall be 
resolved before startup of the changed process.



Sec. 68.52  Operating procedures.

    (a) The owner or operator shall prepare written operating procedures 
that provide clear instructions or steps for safely conducting 
activities associated with each covered process consistent with the 
safety information for that process. Operating procedures or 
instructions provided by equipment manufacturers or developed by persons 
or organizations knowledgeable about the process and equipment may be 
used as a basis for a stationary source's operating procedures.
    (b) The procedures shall address the following:
    (1) Initial startup;
    (2) Normal operations;
    (3) Temporary operations;
    (4) Emergency shutdown and operations;
    (5) Normal shutdown;
    (6) Startup following a normal or emergency shutdown or a major 
change that requires a hazard review;
    (7) Consequences of deviations and steps required to correct or 
avoid deviations; and
    (8) Equipment inspections.

[[Page 172]]

    (c) The owner or operator shall ensure that the operating procedures 
are updated, if necessary, whenever a major change occurs and prior to 
startup of the changed process.



Sec. 68.54  Training.

    (a) The owner or operator shall ensure that each employee presently 
operating a process, and each employee newly assigned to a covered 
process have been trained or tested competent in the operating 
procedures provided in Sec. 68.52 that pertain to their duties. For 
those employees already operating a process on June 21, 1999, the owner 
or operator may certify in writing that the employee has the required 
knowledge, skills, and abilities to safely carry out the duties and 
responsibilities as provided in the operating procedures.
    (b) Refresher training. Refresher training shall be provided at 
least every three years, and more often if necessary, to each employee 
operating a process to ensure that the employee understands and adheres 
to the current operating procedures of the process. The owner or 
operator, in consultation with the employees operating the process, 
shall determine the appropriate frequency of refresher training.
    (c) The owner or operator may use training conducted under Federal 
or state regulations or under industry-specific standards or codes or 
training conducted by covered process equipment vendors to demonstrate 
compliance with this section to the extent that the training meets the 
requirements of this section.
    (d) The owner or operator shall ensure that operators are trained in 
any updated or new procedures prior to startup of a process after a 
major change.



Sec. 68.56  Maintenance.

    (a) The owner or operator shall prepare and implement procedures to 
maintain the on-going mechanical integrity of the process equipment. The 
owner or operator may use procedures or instructions provided by covered 
process equipment vendors or procedures in Federal or state regulations 
or industry codes as the basis for stationary source maintenance 
procedures.
    (b) The owner or operator shall train or cause to be trained each 
employee involved in maintaining the on-going mechanical integrity of 
the process. To ensure that the employee can perform the job tasks in a 
safe manner, each such employee shall be trained in the hazards of the 
process, in how to avoid or correct unsafe conditions, and in the 
procedures applicable to the employee's job tasks.
    (c) Any maintenance contractor shall ensure that each contract 
maintenance employee is trained to perform the maintenance procedures 
developed under paragraph (a) of this section.
    (d) The owner or operator shall perform or cause to be performed 
inspections and tests on process equipment. Inspection and testing 
procedures shall follow recognized and generally accepted good 
engineering practices. The frequency of inspections and tests of process 
equipment shall be consistent with applicable manufacturers' 
recommendations, industry standards or codes, good engineering 
practices, and prior operating experience.



Sec. 68.58  Compliance audits.

    (a) The owner or operator shall certify that they have evaluated 
compliance with the provisions of this subpart at least every three 
years to verify that the procedures and practices developed under the 
rule are adequate and are being followed.
    (b) The compliance audit shall be conducted by at least one person 
knowledgeable in the process.
    (c) The owner or operator shall develop a report of the audit 
findings.
    (d) The owner or operator shall promptly determine and document an 
appropriate response to each of the findings of the compliance audit and 
document that deficiencies have been corrected.
    (e) The owner or operator shall retain the two (2) most recent 
compliance audit reports. This requirement does not apply to any 
compliance audit report that is more than five years old.



Sec. 68.60  Incident investigation.

    (a) The owner or operator shall investigate each incident which 
resulted in,

[[Page 173]]

or could reasonably have resulted in a catastrophic release.
    (b) An incident investigation shall be initiated as promptly as 
possible, but not later than 48 hours following the incident.
    (c) A summary shall be prepared at the conclusion of the 
investigation which includes at a minimum:
    (1) Date of incident;
    (2) Date investigation began;
    (3) A description of the incident;
    (4) The factors that contributed to the incident; and,
    (5) Any recommendations resulting from the investigation.
    (d) The owner or operator shall promptly address and resolve the 
investigation findings and recommendations. Resolutions and corrective 
actions shall be documented.
    (e) The findings shall be reviewed with all affected personnel whose 
job tasks are affected by the findings.
    (f) Investigation summaries shall be retained for five years.



                 Subpart D_Program 3 Prevention Program

    Source: 61 FR 31722, June 20, 1996, unless otherwise noted.



Sec. 68.65  Process safety information.

    (a) In accordance with the schedule set forth in Sec. 68.67, the 
owner or operator shall complete a compilation of written process safety 
information before conducting any process hazard analysis required by 
the rule. The compilation of written process safety information is to 
enable the owner or operator and the employees involved in operating the 
process to identify and understand the hazards posed by those processes 
involving regulated substances. This process safety information shall 
include information pertaining to the hazards of the regulated 
substances used or produced by the process, information pertaining to 
the technology of the process, and information pertaining to the 
equipment in the process.
    (b) Information pertaining to the hazards of the regulated 
substances in the process. This information shall consist of at least 
the following:
    (1) Toxicity information;
    (2) Permissible exposure limits;
    (3) Physical data;
    (4) Reactivity data:
    (5) Corrosivity data;
    (6) Thermal and chemical stability data; and
    (7) Hazardous effects of inadvertent mixing of different materials 
that could foreseeably occur.

    Note to paragraph (b): Material Safety Data Sheets meeting the 
requirements of 29 CFR 1910.1200(g) may be used to comply with this 
requirement to the extent they contain the information required by this 
subparagraph.

    (c) Information pertaining to the technology of the process.
    (1) Information concerning the technology of the process shall 
include at least the following:
    (i) A block flow diagram or simplified process flow diagram;
    (ii) Process chemistry;
    (iii) Maximum intended inventory;
    (iv) Safe upper and lower limits for such items as temperatures, 
pressures, flows or compositions; and,
    (v) An evaluation of the consequences of deviations.
    (2) Where the original technical information no longer exists, such 
information may be developed in conjunction with the process hazard 
analysis in sufficient detail to support the analysis.
    (d) Information pertaining to the equipment in the process.
    (1) Information pertaining to the equipment in the process shall 
include:
    (i) Materials of construction;
    (ii) Piping and instrument diagrams (P&ID's);
    (iii) Electrical classification;
    (iv) Relief system design and design basis;
    (v) Ventilation system design;
    (vi) Design codes and standards employed;
    (vii) Material and energy balances for processes built after June 
21, 1999; and
    (viii) Safety systems (e.g. interlocks, detection or suppression 
systems).
    (2) The owner or operator shall document that equipment complies 
with recognized and generally accepted good engineering practices.
    (3) For existing equipment designed and constructed in accordance 
with codes, standards, or practices that are

[[Page 174]]

no longer in general use, the owner or operator shall determine and 
document that the equipment is designed, maintained, inspected, tested, 
and operating in a safe manner.



Sec. 68.67  Process hazard analysis.

    (a) The owner or operator shall perform an initial process hazard 
analysis (hazard evaluation) on processes covered by this part. The 
process hazard analysis shall be appropriate to the complexity of the 
process and shall identify, evaluate, and control the hazards involved 
in the process. The owner or operator shall determine and document the 
priority order for conducting process hazard analyses based on a 
rationale which includes such considerations as extent of the process 
hazards, number of potentially affected employees, age of the process, 
and operating history of the process. The process hazard analysis shall 
be conducted as soon as possible, but not later than June 21, 1999. 
Process hazards analyses completed to comply with 29 CFR 1910.119(e) are 
acceptable as initial process hazards analyses. These process hazard 
analyses shall be updated and revalidated, based on their completion 
date.
    (b) The owner or operator shall use one or more of the following 
methodologies that are appropriate to determine and evaluate the hazards 
of the process being analyzed.
    (1) What-If;
    (2) Checklist;
    (3) What-If/Checklist;
    (4) Hazard and Operability Study (HAZOP);
    (5) Failure Mode and Effects Analysis (FMEA);
    (6) Fault Tree Analysis; or
    (7) An appropriate equivalent methodology.
    (c) The process hazard analysis shall address:
    (1) The hazards of the process;
    (2) The identification of any previous incident which had a likely 
potential for catastrophic consequences.
    (3) Engineering and administrative controls applicable to the 
hazards and their interrelationships such as appropriate application of 
detection methodologies to provide early warning of releases. 
(Acceptable detection methods might include process monitoring and 
control instrumentation with alarms, and detection hardware such as 
hydrocarbon sensors.);
    (4) Consequences of failure of engineering and administrative 
controls;
    (5) Stationary source siting;
    (6) Human factors; and
    (7) A qualitative evaluation of a range of the possible safety and 
health effects of failure of controls.
    (d) The process hazard analysis shall be performed by a team with 
expertise in engineering and process operations, and the team shall 
include at least one employee who has experience and knowledge specific 
to the process being evaluated. Also, one member of the team must be 
knowledgeable in the specific process hazard analysis methodology being 
used.
    (e) The owner or operator shall establish a system to promptly 
address the team's findings and recommendations; assure that the 
recommendations are resolved in a timely manner and that the resolution 
is documented; document what actions are to be taken; complete actions 
as soon as possible; develop a written schedule of when these actions 
are to be completed; communicate the actions to operating, maintenance 
and other employees whose work assignments are in the process and who 
may be affected by the recommendations or actions.
    (f) At least every five (5) years after the completion of the 
initial process hazard analysis, the process hazard analysis shall be 
updated and revalidated by a team meeting the requirements in paragraph 
(d) of this section, to assure that the process hazard analysis is 
consistent with the current process. Updated and revalidated process 
hazard analyses completed to comply with 29 CFR 1910.119(e) are 
acceptable to meet the requirements of this paragraph.
    (g) The owner or operator shall retain process hazards analyses and 
updates or revalidations for each process covered by this section, as 
well as the documented resolution of recommendations described in 
paragraph (e) of this section for the life of the process.

[[Page 175]]



Sec. 68.69  Operating procedures.

    (a) The owner or operator shall develop and implement written 
operating procedures that provide clear instructions for safely 
conducting activities involved in each covered process consistent with 
the process safety information and shall address at least the following 
elements.
    (1) Steps for each operating phase:
    (i) Initial startup;
    (ii) Normal operations;
    (iii) Temporary operations;
    (iv) Emergency shutdown including the conditions under which 
emergency shutdown is required, and the assignment of shutdown 
responsibility to qualified operators to ensure that emergency shutdown 
is executed in a safe and timely manner.
    (v) Emergency operations;
    (vi) Normal shutdown; and,
    (vii) Startup following a turnaround, or after an emergency 
shutdown.
    (2) Operating limits:
    (i) Consequences of deviation; and
    (ii) Steps required to correct or avoid deviation.
    (3) Safety and health considerations:
    (i) Properties of, and hazards presented by, the chemicals used in 
the process;
    (ii) Precautions necessary to prevent exposure, including 
engineering controls, administrative controls, and personal protective 
equipment;
    (iii) Control measures to be taken if physical contact or airborne 
exposure occurs;
    (iv) Quality control for raw materials and control of hazardous 
chemical inventory levels; and,
    (v) Any special or unique hazards.
    (4) Safety systems and their functions.
    (b) Operating procedures shall be readily accessible to employees 
who work in or maintain a process.
    (c) The operating procedures shall be reviewed as often as necessary 
to assure that they reflect current operating practice, including 
changes that result from changes in process chemicals, technology, and 
equipment, and changes to stationary sources. The owner or operator 
shall certify annually that these operating procedures are current and 
accurate.
    (d) The owner or operator shall develop and implement safe work 
practices to provide for the control of hazards during operations such 
as lockout/tagout; confined space entry; opening process equipment or 
piping; and control over entrance into a stationary source by 
maintenance, contractor, laboratory, or other support personnel. These 
safe work practices shall apply to employees and contractor employees.



Sec. 68.71  Training.

    (a) Initial training. (1) Each employee presently involved in 
operating a process, and each employee before being involved in 
operating a newly assigned process, shall be trained in an overview of 
the process and in the operating procedures as specified in Sec. 68.69. 
The training shall include emphasis on the specific safety and health 
hazards, emergency operations including shutdown, and safe work 
practices applicable to the employee's job tasks.
    (2) In lieu of initial training for those employees already involved 
in operating a process on June 21, 1999 an owner or operator may certify 
in writing that the employee has the required knowledge, skills, and 
abilities to safely carry out the duties and responsibilities as 
specified in the operating procedures.
    (b) Refresher training. Refresher training shall be provided at 
least every three years, and more often if necessary, to each employee 
involved in operating a process to assure that the employee understands 
and adheres to the current operating procedures of the process. The 
owner or operator, in consultation with the employees involved in 
operating the process, shall determine the appropriate frequency of 
refresher training.
    (c) Training documentation. The owner or operator shall ascertain 
that each employee involved in operating a process has received and 
understood the training required by this paragraph. The owner or 
operator shall prepare a record which contains the identity of the 
employee, the date of training, and the means used to verify that the 
employee understood the training.

[[Page 176]]



Sec. 68.73  Mechanical integrity.

    (a) Application. Paragraphs (b) through (f) of this section apply to 
the following process equipment:
    (1) Pressure vessels and storage tanks;
    (2) Piping systems (including piping components such as valves);
    (3) Relief and vent systems and devices;
    (4) Emergency shutdown systems;
    (5) Controls (including monitoring devices and sensors, alarms, and 
interlocks) and,
    (6) Pumps.
    (b) Written procedures. The owner or operator shall establish and 
implement written procedures to maintain the on-going integrity of 
process equipment.
    (c) Training for process maintenance activities. The owner or 
operator shall train each employee involved in maintaining the on-going 
integrity of process equipment in an overview of that process and its 
hazards and in the procedures applicable to the employee's job tasks to 
assure that the employee can perform the job tasks in a safe manner.
    (d) Inspection and testing. (1) Inspections and tests shall be 
performed on process equipment.
    (2) Inspection and testing procedures shall follow recognized and 
generally accepted good engineering practices.
    (3) The frequency of inspections and tests of process equipment 
shall be consistent with applicable manufacturers' recommendations and 
good engineering practices, and more frequently if determined to be 
necessary by prior operating experience.
    (4) The owner or operator shall document each inspection and test 
that has been performed on process equipment. The documentation shall 
identify the date of the inspection or test, the name of the person who 
performed the inspection or test, the serial number or other identifier 
of the equipment on which the inspection or test was performed, a 
description of the inspection or test performed, and the results of the 
inspection or test.
    (e) Equipment deficiencies. The owner or operator shall correct 
deficiencies in equipment that are outside acceptable limits (defined by 
the process safety information in Sec. 68.65) before further use or in 
a safe and timely manner when necessary means are taken to assure safe 
operation.
    (f) Quality assurance. (1) In the construction of new plants and 
equipment, the owner or operator shall assure that equipment as it is 
fabricated is suitable for the process application for which they will 
be used.
    (2) Appropriate checks and inspections shall be performed to assure 
that equipment is installed properly and consistent with design 
specifications and the manufacturer's instructions.
    (3) The owner or operator shall assure that maintenance materials, 
spare parts and equipment are suitable for the process application for 
which they will be used.



Sec. 68.75  Management of change.

    (a) The owner or operator shall establish and implement written 
procedures to manage changes (except for ``replacements in kind'') to 
process chemicals, technology, equipment, and procedures; and, changes 
to stationary sources that affect a covered process.
    (b) The procedures shall assure that the following considerations 
are addressed prior to any change:
    (1) The technical basis for the proposed change;
    (2) Impact of change on safety and health;
    (3) Modifications to operating procedures;
    (4) Necessary time period for the change; and,
    (5) Authorization requirements for the proposed change.
    (c) Employees involved in operating a process and maintenance and 
contract employees whose job tasks will be affected by a change in the 
process shall be informed of, and trained in, the change prior to start-
up of the process or affected part of the process.
    (d) If a change covered by this paragraph results in a change in the 
process safety information required by Sec. 68.65 of this part, such 
information shall be updated accordingly.
    (e) If a change covered by this paragraph results in a change in the 
operating procedures or practices required by Sec. 68.69, such 
procedures or practices shall be updated accordingly.

[[Page 177]]



Sec. 68.77  Pre-startup review.

    (a) The owner or operator shall perform a pre-startup safety review 
for new stationary sources and for modified stationary sources when the 
modification is significant enough to require a change in the process 
safety information.
    (b) The pre-startup safety review shall confirm that prior to the 
introduction of regulated substances to a process:
    (1) Construction and equipment is in accordance with design 
specifications;
    (2) Safety, operating, maintenance, and emergency procedures are in 
place and are adequate;
    (3) For new stationary sources, a process hazard analysis has been 
performed and recommendations have been resolved or implemented before 
startup; and modified stationary sources meet the requirements contained 
in management of change, Sec. 68.75.
    (4) Training of each employee involved in operating a process has 
been completed.



Sec. 68.79  Compliance audits.

    (a) The owner or operator shall certify that they have evaluated 
compliance with the provisions of this subpart at least every three 
years to verify that procedures and practices developed under this 
subpart are adequate and are being followed.
    (b) The compliance audit shall be conducted by at least one person 
knowledgeable in the process.
    (c) A report of the findings of the audit shall be developed.
    (d) The owner or operator shall promptly determine and document an 
appropriate response to each of the findings of the compliance audit, 
and document that deficiencies have been corrected.
    (e) The owner or operator shall retain the two (2) most recent 
compliance audit reports.

[61 FR 31722, June 20, 1996, as amended at 64 FR 979, Jan. 6, 1999]



Sec. 68.81  Incident investigation.

    (a) The owner or operator shall investigate each incident which 
resulted in, or could reasonably have resulted in a catastrophic release 
of a regulated substance.
    (b) An incident investigation shall be initiated as promptly as 
possible, but not later than 48 hours following the incident.
    (c) An incident investigation team shall be established and consist 
of at least one person knowledgeable in the process involved, including 
a contract employee if the incident involved work of the contractor, and 
other persons with appropriate knowledge and experience to thoroughly 
investigate and analyze the incident.
    (d) A report shall be prepared at the conclusion of the 
investigation which includes at a minimum:
    (1) Date of incident;
    (2) Date investigation began;
    (3) A description of the incident;
    (4) The factors that contributed to the incident; and,
    (5) Any recommendations resulting from the investigation.
    (e) The owner or operator shall establish a system to promptly 
address and resolve the incident report findings and recommendations. 
Resolutions and corrective actions shall be documented.
    (f) The report shall be reviewed with all affected personnel whose 
job tasks are relevant to the incident findings including contract 
employees where applicable.
    (g) Incident investigation reports shall be retained for five years.



Sec. 68.83  Employee participation.

    (a) The owner or operator shall develop a written plan of action 
regarding the implementation of the employee participation required by 
this section.
    (b) The owner or operator shall consult with employees and their 
representatives on the conduct and development of process hazards 
analyses and on the development of the other elements of process safety 
management in this rule.
    (c) The owner or operator shall provide to employees and their 
representatives access to process hazard analyses and to all other 
information required to be developed under this rule.

[[Page 178]]



Sec. 68.85  Hot work permit.

    (a) The owner or operator shall issue a hot work permit for hot work 
operations conducted on or near a covered process.
    (b) The permit shall document that the fire prevention and 
protection requirements in 29 CFR 1910.252(a) have been implemented 
prior to beginning the hot work operations; it shall indicate the 
date(s) authorized for hot work; and identify the object on which hot 
work is to be performed. The permit shall be kept on file until 
completion of the hot work operations.



Sec. 68.87  Contractors.

    (a) Application. This section applies to contractors performing 
maintenance or repair, turnaround, major renovation, or specialty work 
on or adjacent to a covered process. It does not apply to contractors 
providing incidental services which do not influence process safety, 
such as janitorial work, food and drink services, laundry, delivery or 
other supply services.
    (b) Owner or operator responsibilities. (1) The owner or operator, 
when selecting a contractor, shall obtain and evaluate information 
regarding the contract owner or operator's safety performance and 
programs.
    (2) The owner or operator shall inform contract owner or operator of 
the known potential fire, explosion, or toxic release hazards related to 
the contractor's work and the process.
    (3) The owner or operator shall explain to the contract owner or 
operator the applicable provisions of subpart E of this part.
    (4) The owner or operator shall develop and implement safe work 
practices consistent with Sec. 68.69(d), to control the entrance, 
presence, and exit of the contract owner or operator and contract 
employees in covered process areas.
    (5) The owner or operator shall periodically evaluate the 
performance of the contract owner or operator in fulfilling their 
obligations as specified in paragraph (c) of this section.
    (c) Contract owner or operator responsibilities. (1) The contract 
owner or operator shall assure that each contract employee is trained in 
the work practices necessary to safely perform his/her job.
    (2) The contract owner or operator shall assure that each contract 
employee is instructed in the known potential fire, explosion, or toxic 
release hazards related to his/her job and the process, and the 
applicable provisions of the emergency action plan.
    (3) The contract owner or operator shall document that each contract 
employee has received and understood the training required by this 
section. The contract owner or operator shall prepare a record which 
contains the identity of the contract employee, the date of training, 
and the means used to verify that the employee understood the training.
    (4) The contract owner or operator shall assure that each contract 
employee follows the safety rules of the stationary source including the 
safe work practices required by Sec. 68.69(d).
    (5) The contract owner or operator shall advise the owner or 
operator of any unique hazards presented by the contract owner or 
operator's work, or of any hazards found by the contract owner or 
operator's work.



                      Subpart E_Emergency Response

    Source: 61 FR 31725, June 20, 1996, unless otherwise noted.



Sec. 68.90  Applicability.

    (a) Except as provided in paragraph (b) of this section, the owner 
or operator of a stationary source with Program 2 and Program 3 
processes shall comply with the requirements of Sec. 68.95.
    (b) The owner or operator of stationary source whose employees will 
not respond to accidental releases of regulated substances need not 
comply with Sec. 68.95 of this part provided that they meet the 
following:
    (1) For stationary sources with any regulated toxic substance held 
in a process above the threshold quantity, the stationary source is 
included in the community emergency response plan developed under 42 
U.S.C. 11003;
    (2) For stationary sources with only regulated flammable substances 
held in a process above the threshold quantity, the owner or operator 
has coordinated

[[Page 179]]

response actions with the local fire department; and
    (3) Appropriate mechanisms are in place to notify emergency 
responders when there is a need for a response.



Sec. 68.95  Emergency response program.

    (a) The owner or operator shall develop and implement an emergency 
response program for the purpose of protecting public health and the 
environment. Such program shall include the following elements:
    (1) An emergency response plan, which shall be maintained at the 
stationary source and contain at least the following elements:
    (i) Procedures for informing the public and local emergency response 
agencies about accidental releases;
    (ii) Documentation of proper first-aid and emergency medical 
treatment necessary to treat accidental human exposures; and
    (iii) Procedures and measures for emergency response after an 
accidental release of a regulated substance;
    (2) Procedures for the use of emergency response equipment and for 
its inspection, testing, and maintenance;
    (3) Training for all employees in relevant procedures; and
    (4) Procedures to review and update, as appropriate, the emergency 
response plan to reflect changes at the stationary source and ensure 
that employees are informed of changes.
    (b) A written plan that complies with other Federal contingency plan 
regulations or is consistent with the approach in the National Response 
Team's Integrated Contingency Plan Guidance (``One Plan'') and that, 
among other matters, includes the elements provided in paragraph (a) of 
this section, shall satisfy the requirements of this section if the 
owner or operator also complies with paragraph (c) of this section.
    (c) The emergency response plan developed under paragraph (a)(1) of 
this section shall be coordinated with the community emergency response 
plan developed under 42 U.S.C. 11003. Upon request of the local 
emergency planning committee or emergency response officials, the owner 
or operator shall promptly provide to the local emergency response 
officials information necessary for developing and implementing the 
community emergency response plan.



    Subpart F_Regulated Substances for Accidental Release Prevention

    Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted. 
Redesignated at 61 FR 31717, June 20, 1996.



Sec. 68.100  Purpose.

    This subpart designates substances to be listed under section 
112(r)(3), (4), and (5) of the Clean Air Act, as amended, identifies 
their threshold quantities, and establishes the requirements for 
petitioning to add or delete substances from the list.



Sec. 68.115  Threshold determination.

    (a) A threshold quantity of a regulated substance listed in Sec. 
68.130 is present at a stationary source if the total quantity of the 
regulated substance contained in a process exceeds the threshold.
    (b) For the purposes of determining whether more than a threshold 
quantity of a regulated substance is present at the stationary source, 
the following exemptions apply:
    (1) Concentrations of a regulated toxic substance in a mixture. If a 
regulated substance is present in a mixture and the concentration of the 
substance is below one percent by weight of the mixture, the amount of 
the substance in the mixture need not be considered when determining 
whether more than a threshold quantity is present at the stationary 
source. Except for oleum, toluene 2,4-diisocyanate, toluene 2,6-
diisocyanate, and toluene diisocyanate (unspecified isomer), if the 
concentration of the regulated substance in the mixture is one percent 
or greater by weight, but the owner or operator can demonstrate that the 
partial pressure of the regulated substance in the mixture (solution) 
under handling or storage conditions in any portion of the process is 
less than 10 millimeters of mercury (mm Hg), the amount of the substance 
in the mixture in that portion of the process need not be considered 
when determining whether more than a threshold quantity is present at

[[Page 180]]

the stationary source. The owner or operator shall document this partial 
pressure measurement or estimate.
    (2) Concentrations of a regulated flammable substance in a mixture. 
(i) General provision. If a regulated substance is present in a mixture 
and the concentration of the substance is below one percent by weight of 
the mixture, the mixture need not be considered when determining whether 
more than a threshold quantity of the regulated substance is present at 
the stationary source. Except as provided in paragraph (b)(2) (ii) and 
(iii) of this section, if the concentration of the substance is one 
percent or greater by weight of the mixture, then, for purposes of 
determining whether a threshold quantity is present at the stationary 
source, the entire weight of the mixture shall be treated as the 
regulated substance unless the owner or operator can demonstrate that 
the mixture itself does not have a National Fire Protection Association 
flammability hazard rating of 4. The demonstration shall be in 
accordance with the definition of flammability hazard rating 4 in the 
NFPA 704, Standard System for the Identification of the Hazards of 
Materials for Emergency Response, National Fire Protection Association, 
Quincy, MA, 1996. Available from the National Fire Protection 
Association, 1 Batterymarch Park, Quincy, MA 02269-9101. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be inspected at the Environmental Protection Agency Air Docket 
(6102), Attn: Docket No. A-96-O8, Waterside Mall, 401 M. St. SW., 
Washington DC; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html. Boiling point and 
flash point shall be defined and determined in accordance with NFPA 30, 
Flammable and Combustible Liquids Code, National Fire Protection 
Association, Quincy, MA, 1996. Available from the National Fire 
Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be inspected at the Environmental Protection Agency Air Docket 
(6102), Attn: Docket No. A-96-O8, Waterside Mall, 401 M. St. SW., 
Washington DC; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html. The owner or 
operator shall document the National Fire Protection Association 
flammability hazard rating.
    (ii) Gasoline. Regulated substances in gasoline, when in 
distribution or related storage for use as fuel for internal combustion 
engines, need not be considered when determining whether more than a 
threshold quantity is present at a stationary source.
    (iii) Naturally occurring hydrocarbon mixtures. Prior to entry into 
a natural gas processing plant or a petroleum refining process unit, 
regulated substances in naturally occurring hydrocarbon mixtures need 
not be considered when determining whether more than a threshold 
quantity is present at a stationary source. Naturally occurring 
hydrocarbon mixtures include any combination of the following: 
condensate, crude oil, field gas, and produced water, each as defined in 
Sec. 68.3 of this part.
    (3) Articles. Regulated substances contained in articles need not be 
considered when determining whether more than a threshold quantity is 
present at the stationary source.
    (4) Uses. Regulated substances, when in use for the following 
purposes, need not be included in determining whether more than a 
threshold quantity is present at the stationary source:
    (i) Use as a structural component of the stationary source;
    (ii) Use of products for routine janitorial maintenance;
    (iii) Use by employees of foods, drugs, cosmetics, or other personal 
items containing the regulated substance; and
    (iv) Use of regulated substances present in process water or non-
contact

[[Page 181]]

cooling water as drawn from the environment or municipal sources, or use 
of regulated substances present in air used either as compressed air or 
as part of combustion.
    (5) Activities in laboratories. If a regulated substance is 
manufactured, processed, or used in a laboratory at a stationary source 
under the supervision of a technically qualified individual as defined 
in Sec. 720.3(ee) of this chapter, the quantity of the substance need 
not be considered in determining whether a threshold quantity is 
present. This exemption does not apply to:
    (i) Specialty chemical production;
    (ii) Manufacture, processing, or use of substances in pilot plant 
scale operations; and
    (iii) Activities conducted outside the laboratory.

[59 FR 4493, Jan. 31, 1994. Redesignated at 61 FR 31717, June 20, 1996, 
as amended at 63 FR 645, Jan. 6, 1998; 69 FR 18803, Apr. 9, 2004]



Sec. 68.120  Petition process.

    (a) Any person may petition the Administrator to modify, by addition 
or deletion, the list of regulated substances identified in Sec. 
68.130. Based on the information presented by the petitioner, the 
Administrator may grant or deny a petition.
    (b) A substance may be added to the list if, in the case of an 
accidental release, it is known to cause or may be reasonably 
anticipated to cause death, injury, or serious adverse effects to human 
health or the environment.
    (c) A substance may be deleted from the list if adequate data on the 
health and environmental effects of the substance are available to 
determine that the substance, in the case of an accidental release, is 
not known to cause and may not be reasonably anticipated to cause death, 
injury, or serious adverse effects to human health or the environment.
    (d) No substance for which a national primary ambient air quality 
standard has been established shall be added to the list. No substance 
regulated under title VI of the Clean Air Act, as amended, shall be 
added to the list.
    (e) The burden of proof is on the petitioner to demonstrate that the 
criteria for addition and deletion are met. A petition will be denied if 
this demonstration is not made.
    (f) The Administrator will not accept additional petitions on the 
same substance following publication of a final notice of the decision 
to grant or deny a petition, unless new data becomes available that 
could significantly affect the basis for the decision.
    (g) Petitions to modify the list of regulated substances must 
contain the following:
    (1) Name and address of the petitioner and a brief description of 
the organization(s) that the petitioner represents, if applicable;
    (2) Name, address, and telephone number of a contact person for the 
petition;
    (3) Common chemical name(s), common synonym(s), Chemical Abstracts 
Service number, and chemical formula and structure;
    (4) Action requested (add or delete a substance);
    (5) Rationale supporting the petitioner's position; that is, how the 
substance meets the criteria for addition and deletion. A short summary 
of the rationale must be submitted along with a more detailed narrative; 
and
    (6) Supporting data; that is, the petition must include sufficient 
information to scientifically support the request to modify the list. 
Such information shall include:
    (i) A list of all support documents;
    (ii) Documentation of literature searches conducted, including, but 
not limited to, identification of the database(s) searched, the search 
strategy, dates covered, and printed results;
    (iii) Effects data (animal, human, and environmental test data) 
indicating the potential for death, injury, or serious adverse human and 
environmental impacts from acute exposure following an accidental 
release; printed copies of the data sources, in English, should be 
provided; and
    (iv) Exposure data or previous accident history data, indicating the 
potential for serious adverse human health or environmental effects from 
an accidental release. These data may

[[Page 182]]

include, but are not limited to, physical and chemical properties of the 
substance, such as vapor pressure; modeling results, including data and 
assumptions used and model documentation; and historical accident data, 
citing data sources.
    (h) Within 18 months of receipt of a petition, the Administrator 
shall publish in the Federal Register a notice either denying the 
petition or granting the petition and proposing a listing.



Sec. 68.125  Exemptions.

    Agricultural nutrients. Ammonia used as an agricultural nutrient, 
when held by farmers, is exempt from all provisions of this part.



Sec. 68.126  Exclusion.

    Flammable Substances Used as Fuel or Held for Sale as Fuel at Retail 
Facilities. A flammable substance listed in Tables 3 and 4 of Sec. 
68.130 is nevertheless excluded from all provisions of this part when 
the substance is used as a fuel or held for sale as a fuel at a retail 
facility.

[65 FR 13250, Mar. 13, 2000]



Sec. 68.130  List of substances.

    (a) Regulated toxic and flammable substances under section 112(r) of 
the Clean Air Act are the substances listed in Tables 1, 2, 3, and 4. 
Threshold quantities for listed toxic and flammable substances are 
specified in the tables.
    (b) The basis for placing toxic and flammable substances on the list 
of regulated substances are explained in the notes to the list.

    Table 1 to Sec.  68.130--List of Regulated Toxic Substances and
         Threshold Quantities for Accidental Release Prevention
                   [Alphabetical Order--77 Substances]
------------------------------------------------------------------------
                                                 Threshold
         Chemical name               CAS No.      quantity    Basis for
                                                   (lbs)       listing
------------------------------------------------------------------------
Acrolein [2-Propenal]..........        107-02-8      5,000  b
Acrylonitrile [2-                      107-13-1     20,000  b
 Propenenitrile].
Acrylyl chloride [2-Propenoyl          814-68-6      5,000  b
 chloride].
Allyl alcohol [2-Propen-l-ol]..       107-18-61     15,000  b
Allylamine [2-Propen-l-amine]..        107-11-9     10,000  b
Ammonia (anhydrous)............       7664-41-7     10,000  a, b
Ammonia (conc 20% or greater)..       7664-41-7     20,000  a, b
Arsenous trichloride...........       7784-34-1     15,000  b
Arsine.........................       7784-42-1      1,000  b
Boron trichloride [Borane,           10294-34-5      5,000  b
 trichloro-].
Boron trifluoride [Borane,            7637-07-2      5,000  b
 trifluoro-].
Boron trifluoride compound with        353-42-4     15,000  b
 methyl ether (1:1) [Boron,
 trifluoro [oxybis [metane]]-,
 T-4-.
Bromine........................       7726-95-6     10,000  a, b
Carbon disulfide...............         75-15-0     20,000  b
Chlorine.......................       7782-50-5      2,500  a, b
Chlorine dioxide [Chlorine           10049-04-4      1,000  c
 oxide (ClO2)].
Chloroform [Methane, trichloro-         67-66-3     20,000  b
 ].
Chloromethyl ether [Methane,           542-88-1      1,000  b
 oxybis[chloro-].
Chloromethyl methyl ether              107-30-2      5,000  b
 [Methane, chloromethoxy-].
Crotonaldehyde [2-Butenal].....       4170-30-3     20,000  b
Crotonaldehyde, (E)- [2-               123-73-9     20,000  b
 Butenal, (E)-].
Cyanogen chloride..............        506-77-4     10,000  c
Cyclohexylamine                        108-91-8     15,000  b
 [Cyclohexanamine].
Diborane.......................      19287-45-7      2,500  b
Dimethyldichlorosilane [Silane,         75-78-5      5,000  b
 dichlorodimethyl-].
1,1-Dimethylhydrazine                   57-14-7     15,000  b
 [Hydrazine, 1,1-dimethyl-].
Epichlorohydrin [Oxirane,              106-89-8     20,000  b
 (chloromethyl)-].
Ethylenediamine [1,2-                  107-15-3     20,000  b
 Ethanediamine].
Ethyleneimine [Aziridine]......        151-56-4     10,000  b

[[Page 183]]

 
Ethylene oxide [Oxirane].......         75-21-8     10,000  a, b
Fluorine.......................       7782-41-4      1,000  b
Formaldehyde (solution)........         50-00-0     15,000  b
Furan..........................        110-00-9      5,000  b
Hydrazine......................        302-01-2     15,000  b
Hydrochloric acid (conc 37% or        7647-01-0     15,000  d
 greater).
Hydrocyanic acid...............         74-90-8      2,500  a, b
Hydrogen chloride (anhydrous)         7647-01-0      5,000  a
 [Hydrochloric acid].
Hydrogen fluoride/Hydrofluoric        7664-39-3      1,000  a, b
 acid (conc 50% or greater)
 [Hydrofluoric acid].
Hydrogen selenide..............       7783-07-5        500  b
Hydrogen sulfide...............       7783-06-4     10,000  a, b
Iron, pentacarbonyl- [Iron           13463-40-6      2,500  b
 carbonyl (Fe(CO)5), (TB-5-11)-
 ].
Isobutyronitrile                        78-82-0     20,000  b
 [Propanenitrile, 2-methyl-].
Isopropyl chloroformate                108-23-6     15,000  b
 [Carbonochloridic acid, 1-
 methylethyl ester].
Methacrylonitrile [2-                  126-98-7     10,000  b
 Propenenitrile, 2-methyl-].
Methyl chloride [Methane,               74-87-3     10,000  a
 chloro-].
Methyl chloroformate                    79-22-1      5,000  b
 [Carbonochloridic acid,
 methylester].
Methyl hydrazine [Hydrazine,            60-34-4     15,000  b
 methyl-].
Methyl isocyanate [Methane,            624-83-9     10,000  a, b
 isocyanato-].
Methyl mercaptan [Methanethiol]         74-93-1     10,000  b
Methyl thiocyanate [Thiocyanic         556-64-9     20,000  b
 acid, methyl ester].
Methyltrichlorosilane [Silane,          75-79-6      5,000  b
 trichloromethyl-].
Nickel carbonyl................      13463-39-3      1,000  b
Nitric acid (conc 80% or              7697-37-2     15,000  b
 greater).
Nitric oxide [Nitrogen oxide         10102-43-9     10,000  b
 (NO)].
Oleum (Fuming Sulfuric acid)          8014-95-7     10,000  e
 [Sulfuric acid, mixture with
 sulfur trioxide] \1\.
Peracetic acid [Ethaneperoxoic          79-21-0     10,000  b
 acid].
Perchloromethylmercaptan               594-42-3     10,000  b
 [Methanesulfenyl chloride,
 trichloro-].
Phosgene [Carbonic dichloride].         75-44-5        500  a, b
Phosphine......................       7803-51-2      5,000  b
Phosphorus oxychloride               10025-87-3      5,000  b
 [Phosphoryl chloride].
Phosphorus trichloride                7719-12-2     15,000  b
 [Phosphorous trichloride].
Piperidine.....................        110-89-4     15,000  b
Propionitrile [Propanenitrile].        107-12-0     10,000  b
Propyl chloroformate                   109-61-5     15,000  b
 [Carbonochloridic acid,
 propylester].
Propyleneimine [Aziridine, 2-           75-55-8     10,000  b
 methyl-].
Propylene oxide [Oxirane,               75-56-9     10,000  b
 methyl-].
Sulfur dioxide (anhydrous).....       7446-09-5      5,000  a, b
Sulfur tetrafluoride [Sulfur          7783-60-0      2,500  b
 fluoride (SF4), (T-4)-].
Sulfur trioxide................       7446-11-9     10,000  a, b
Tetramethyllead [Plumbane,              75-74-1     10,000  b
 tetramethyl-].
Tetranitromethane [Methane,            509-14-8     10,000  b
 tetranitro-].

[[Page 184]]

 
Titanium tetrachloride                7550-45-0      2,500  b
 [Titanium chloride (TiCl4) (T-
 4)-].
Toluene 2,4-diisocyanate               584-84-9     10,000  a
 [Benzene, 2,4-diisocyanato-1-
 methyl-] \1\.
Toluene 2,6-diisocyanate                91-08-7     10,000  a
 [Benzene, 1,3-diisocyanato-2-
 methyl-] \1\.
Toluene diisocyanate                 26471-62-5     10,000  a
 (unspecified isomer) [Benzene,
 1,3-diisocyanatomethyl-] \1\.
Trimethylchlorosilane [Silane,          75-77-4     10,000  b
 chlorotrimethyl-].
Vinyl acetate monomer [Acetic          108-05-4     15,000  b
 acid ethenyl ester].
------------------------------------------------------------------------
\1\ The mixture exemption in Sec.  68.115(b)(1) does not apply to the
  substance.
 
Note: Basis for Listing:
a Mandated for listing by Congress.
b On EHS list, vapor pressure 10 mmHg or greater.
c Toxic gas.
d Toxicity of hydrogen chloride, potential to release hydrogen chloride,
  and history of accidents.
e Toxicity of sulfur trioxide and sulfuric acid, potential to release
  sulfur trioxide, and history of accidents.


    Table 2 to Sec.  68.130--List of Regulated Toxic Substances and
         Threshold Quantities for Accidental Release Prevention
                    [CAS Number Order--77 Substances]
------------------------------------------------------------------------
                                                 Threshold
        CAS No.               Chemical name       quantity    Basis for
                                                   (lbs)       listing
------------------------------------------------------------------------
50-00-0................  Formaldehyde               15,000  b
                          (solution).
57-14-7................  1,1-Dimethylhydrazine      15,000  b
                          [Hydrazine, 1,1-
                          dimethyl-].
60-34-4................  Methyl hydrazine           15,000  b
                          [Hydrazine, methyl-].
67-66-3................  Chloroform [Methane,       20,000  b
                          trichloro-].
74-87-3................  Methyl chloride            10,000  a
                          [Methane, chloro-].
74-90-8................  Hydrocyanic acid......      2,500  a, b
74-93-1................  Methyl mercaptan           10,000  b
                          [Methanethiol].
75-15-0................  Carbon disulfide......     20,000  b
75-21-8................  Ethylene oxide             10,000  a, b
                          [Oxirane].
75-44-5................  Phosgene [Carbonic            500  a, b
                          dichloride].
75-55-8................  Propyleneimine             10,000  b
                          [Aziridine, 2-methyl-
                          ].
75-56-9................  Propylene oxide            10,000  b
                          [Oxirane, methyl-].
75-74-1................  Tetramethyllead            10,000  b
                          [Plumbane,
                          tetramethyl-].
75-77-4................  Trimethylchlorosilane      10,000  b
                          [Silane,
                          chlorotrimethyl-].
75-78-5................  Dimethyldichlorosilane      5,000  b
                          [Silane,
                          dichlorodimethyl-].
75-79-6................  Methyltrichlorosilane       5,000  b
                          [Silane,
                          trichloromethyl-].
78-82-0................  Isobutyronitrile           20,000  b
                          [Propanenitrile, 2-
                          methyl-].
79-21-0................  Peracetic acid             10,000  b
                          [Ethaneperoxoic acid].
79-22-1................  Methyl chloroformate        5,000  b
                          [Carbonochloridic
                          acid, methylester].
91-08-7................  Toluene 2,6-               10,000  a
                          diisocyanate
                          [Benzene, 1,3-
                          diisocyanato-2-methyl-
                          ]\1\.
106-89-8...............  Epichlorohydrin            20,000  b
                          [Oxirane,
                          (chloromethyl)-].
107-02-8...............  Acrolein [2-Propenal].      5,000  b
107-11-9...............  Allylamine [2-Propen-1-    10,000  b
                          amine].
107-12-0...............  Propionitrile              10,000  b
                          [Propanenitrile].
107-13-1...............  Acrylonitrile [2-          20,000  b
                          Propenenitrile].
107-15-3...............  Ethylenediamine [1,2-      20,000  b
                          Ethanediamine].
107-18-6...............  Allyl alcohol [2-          15,000  b
                          Propen-1-ol].
107-30-2...............  Chloromethyl methyl         5,000  b
                          ether [Methane,
                          chloromethoxy-].
108-05-4...............  Vinyl acetate monomer      15,000  b
                          [Acetic acid ethenyl
                          ester].
108-23-6...............  Isopropyl                  15,000  b
                          chloroformate
                          [Carbonochloridic
                          acid, 1-methylethyl
                          ester].
108-91-8...............  Cyclohexylamine            15,000  b
                          [Cyclohexanamine].
109-61-5...............  Propyl chloroformate       15,000  b
                          [Carbonochloridic
                          acid, propylester].
110-00-9...............  Furan.................      5,000  b
110-89-4...............  Piperidine............     15,000  b
123-73-9...............  Crotonaldehyde, (E)-       20,000  b
                          [2-Butenal, (E)-].

[[Page 185]]

 
126-98-7...............  Methacrylonitrile [2-      10,000  b
                          Propenenitrile, 2-
                          methyl-].
151-56-4...............  Ethyleneimine              10,000  b
                          [Aziridine].
302-01-2...............  Hydrazine.............     15,000  b
353-42-4...............  Boron trifluoride          15,000  b
                          compound with methyl
                          ether (1:1) [Boron,
                          trifluoro[oxybis[meth
                          ane]]-, T-4-.
506-77-4...............  Cyanogen chloride.....     10,000  c
509-14-8...............  Tetranitromethane          10,000  b
                          [Methane, tetranitro-
                          ].
542-88-1...............  Chloromethyl ether          1,000  b
                          [Methane,
                          oxybis[chloro-].
556-64-9...............  Methyl thiocyanate         20,000  b
                          [Thiocyanic acid,
                          methyl ester].
584-84-9...............  Toluene 2,4-               10,000  a
                          diisocyanate
                          [Benzene, 2,4-
                          diisocyanato-1-methyl-
                          ]\1\.
594-42-3...............  Perchloromethylmercapt     10,000  b
                          an [Methanesulfenyl
                          chloride, trichloro-].
624-83-9...............  Methyl isocyanate          10,000  a, b
                          [Methane, isocyanato-
                          ].
814-68-6...............  Acrylyl chloride [2-        5,000  b
                          Propenoyl chloride].
4170-30-3..............  Crotonaldehyde [2-         20,000  b
                          Butenal].
7446-09-5..............  Sulfur dioxide              5,000  a, b
                          (anhydrous).
7446-11-9..............  Sulfur trioxide.......     10,000  a, b
7550-45-0..............  Titanium tetrachloride      2,500  b
                          [Titanium chloride
                          (TiCl4) (T-4)-].
7637-07-2..............  Boron trifluoride           5,000  b
                          [Borane, trifluoro-].
7647-01-0..............  Hydrochloric acid          15,000  d
                          (conc 37% or greater).
7647-01-0..............  Hydrogen chloride           5,000  a
                          (anhydrous)
                          [Hydrochloric acid].
7664-39-3..............  Hydrogen fluoride/          1,000  a, b
                          Hydrofluoric acid
                          (conc 50% or greater)
                          [Hydrofluoric acid].
7664-41-7..............  Ammonia (anhydrous)...     10,000  a, b
7664-41-7..............  Ammonia (conc 20% or       20,000  a, b
                          greater).
7697-37-2..............  Nitric acid (conc 80%      15,000  b
                          or greater).
7719-12-2..............  Phosphorus trichloride     15,000  b
                          [Phosphorous
                          trichloride].
7726-95-6..............  Bromine...............     10,000  a, b
7782-41-4..............  Fluorine..............      1,000  b
7782-50-5..............  Chlorine..............      2,500  a, b
7783-06-4..............  Hydrogen sulfide......     10,000  a, b
7783-07-5..............  Hydrogen selenide.....        500  b
7783-60-0..............  Sulfur tetrafluoride        2,500  b
                          [Sulfur fluoride
                          (SF4), (T-4)-].
7784-34-1..............  Arsenous trichloride..     15,000  b
7784-42-1..............  Arsine................      1,000  b
7803-51-2..............  Phosphine.............      5,000  b
8014-95-7..............  Oleum (Fuming Sulfuric     10,000  e
                          acid) [Sulfuric acid,
                          mixture with sulfur
                          trioxide]\1\.
10025-87-3.............  Phosphorus oxychloride      5,000  b
                          [Phosphoryl chloride].
10049-04-4.............  Chlorine dioxide            1,000  c
                          [Chlorine oxide
                          (ClO2)].
10102-43-9.............  Nitric oxide [Nitrogen     10,000  b
                          oxide (NO)].
10294-34-5.............  Boron trichloride           5,000  b
                          [Borane, trichloro-].
13463-39-3.............  Nickel carbonyl.......      1,000  b
13463-40-6.............  Iron, pentacarbonyl-        2,500  b
                          [Iron carbonyl
                          (Fe(CO)5), (TB-5-11)-
                          ].
19287-45-7.............  Diborane..............      2,500  b
26471-62-5.............  Toluene diisocyanate       10,000  a
                          (unspecified isomer)
                          [Benzene, 1,3-
                          diisocyanatomethyl-
                          1]\1\.
------------------------------------------------------------------------
\1\ The mixture exemption in Sec.  68.115(b)(1) does not apply to the
  substance.
 
Note: Basis for Listing:
a Mandated for listing by Congress.
b On EHS list, vapor pressure 10 mmHg or greater.
c Toxic gas.
d Toxicity of hydrogen chloride, potential to release hydrogen chloride,
  and history of accidents.
e Toxicity of sulfur trioxide and sulfuric acid, potential to release
  sulfur trioxide, and history of accidents.


Table 3 to Sec.  68.130--List of Regulated Flammable Substances \1\ and
         Threshold Quantities for Accidental Release Prevention
                   [Alphabetical Order--63 Substances]
------------------------------------------------------------------------
                                                 Threshold
         Chemical name               CAS No.      quantity    Basis for
                                                   (lbs)       listing
------------------------------------------------------------------------
Acetaldehyde...................         75-07-0     10,000  g
Acetylene [Ethyne].............         74-86-2     10,000  f
Bromotrifluorethylene [Ethene,         598-73-2     10,000  f
 bromotrifluoro-].
1,3-Butadiene..................        106-99-0     10,000  f
Butane.........................        106-97-8     10,000  f
1-Butene.......................        106-98-9     10,000  f
2-Butene.......................        107-01-7     10,000  f

[[Page 186]]

 
Butene.........................      25167-67-3     10,000  f
2-Butene-cis...................        590-18-1     10,000  f
2-Butene-trans [2-Butene, (E)].        624-64-6     10,000  f
Carbon oxysulfide [Carbon oxide        463-58-1     10,000  f
 sulfide (COS)].
Chlorine monoxide [Chlorine           7791-21-1     10,000  f
 oxide].
2-Chloropropylene [1-Propene, 2-       557-98-2     10,000  g
 chloro-].
1-Chloropropylene [1-Propene, 1-       590-21-6     10,000  g
 chloro-].
Cyanogen [Ethanedinitrile].....        460-19-5     10,000  f
Cyclopropane...................         75-19-4     10,000  f
Dichlorosilane [Silane,               4109-96-0     10,000  f
 dichloro-].
Difluoroethane [Ethane, 1,1-            75-37-6     10,000  f
 difluoro-].
Dimethylamine [Methanamine, N-         124-40-3     10,000  f
 methyl-].
2,2-Dimethylpropane [Propane,          463-82-1     10,000  f
 2,2-dimethyl-].
Ethane.........................         74-84-0     10,000  f
Ethyl acetylene [1-Butyne].....        107-00-6     10,000  f
Ethylamine [Ethanamine]........         75-04-7     10,000  f
Ethyl chloride [Ethane, chloro-         75-00-3     10,000  f
 ].
Ethylene [Ethene]..............         74-85-1     10,000  f
Ethyl ether [Ethane, 1,1'-              60-29-7     10,000  g
 oxybis-].
Ethyl mercaptan [Ethanethiol]..         75-08-1     10,000  g
Ethyl nitrite [Nitrous acid,           109-95-5     10,000  f
 ethyl ester].
Hydrogen.......................       1333-74-0     10,000  f
Isobutane [Propane, 2-methyl]..         75-28-5     10,000  f
Isopentane [Butane, 2-methyl-].         78-78-4     10,000  g
Isoprene [1,3-Butadinene, 2-            78-79-5     10,000  g
 methyl-].
Isopropylamine [2-Propanamine].         75-31-0     10,000  g
Isopropyl chloride [Propane, 2-         75-29-6     10,000  g
 chloro-].
Methane........................         74-82-8     10,000  f
Methylamine [Methanamine]......         74-89-5     10,000  f
3-Methyl-1-butene..............        563-45-1     10,000  f
2-Methyl-1-butene..............        563-46-2     10,000  g
Methyl ether [Methane, oxybis-]        115-10-6     10,000  f
Methyl formate [Formic acid,           107-31-3     10,000  g
 methyl ester].
2-Methylpropene [1-Propene, 2-         115-11-7     10,000  f
 methyl-].
1,3-Pentadinene................        504-60-9     10,000  f
Pentane........................        109-66-0     10,000  g
1-Pentene......................        109-67-1     10,000  g
2-Pentene, (E)-................        646-04-8     10,000  g
2-Pentene, (Z)-................        627-20-3     10,000  g
Propadiene [1,2-Propadiene]....        463-49-0     10,000  f
Propane........................         74-98-6     10,000  f
Propylene [1-Propene]..........        115-07-1     10,000  f
Propyne [1-Propyne]............         74-99-7     10,000  f
Silane.........................       7803-62-5     10,000  f
Tetrafluoroethylene [Ethene,           116-14-3     10,000  f
 tetrafluoro-].
Tetramethylsilane [Silane,              75-76-3     10,000  g
 tetramethyl-].
Trichlorosilane [Silane,             10025-78-2     10,000  g
 trichloro-].
Trifluorochloroethylene                 79-38-9     10,000  f
 [Ethene, chlorotrifluoro-].
Trimethylamine [Methanamine,            75-50-3     10,000  f
 N,N-dimethyl-].
Vinyl acetylene [1-Buten-3-yne]        689-97-4     10,000  f
Vinyl chloride [Ethene, chloro-         75-01-4     10,000  a, f
 ].
Vinyl ethyl ether [Ethene,             109-92-2     10,000  g
 ethoxy-].
Vinyl fluoride [Ethene, fluoro-         75-02-5     10,000  f
 ].
Vinylidene chloride [Ethene,            75-35-4     10,000  g
 1,1-dichloro-].
Vinylidene fluoride [Ethene,            75-38-7     10,000  f
 1,1-difluoro-].
Vinyl methyl ether [Ethene,            107-25-5     10,000  f
 methoxy-].
------------------------------------------------------------------------
\1\ A flammable substance when used as a fuel or held for sale as a fuel
  at a retail facility is excluded from all provisions of this part (see
  Sec.  68.126).
 
 Note: Basis for Listing:
 \a\ Mandated for listing by Congress.
 \f\ Flammable gas.
 \g\ Volatile flammable liquid.


[[Page 187]]


  Table 4 to Sec.  68.130--List of Regulated Flammable Substances \1\ and Threshold Quantities for Accidental
                                               Release Prevention
                                        [CAS Number Order--63 Substances]
----------------------------------------------------------------------------------------------------------------
                                                                                 Threshold
            CAS No.                       Chemical name              CAS No.      quantity    Basis for listing
                                                                                   (lbs)
----------------------------------------------------------------------------------------------------------------
60-29-7........................  Ethyl ether [Ethane, 1,1'-             60-29-7     10,000  g
                                  oxybis-].
74-82-8........................  Methane.......................         74-82-8     10,000  f
74-84-0........................  Ethane........................         74-84-0     10,000  f
74-85-1........................  Ethylene [Ethene].............         74-85-1     10,000  f
74-86-2........................  Acetylene [Ethyne]............         74-86-2     10,000  f
74-89-5........................  Methylamine [Methanamine].....         74-89-5     10,000  f
74-98-6........................  Propane.......................         74-98-6     10,000  f
74-99-7........................  Propyne [1-Propyne]...........         74-99-7     10,000  f
75-00-3........................  Ethyl chloride [Ethane, chloro-        75-00-3     10,000  f
                                  ].
75-01-4........................  Vinyl chloride [Ethene, chloro-        75-01-4     10,000  a, f
                                  ].
75-02-5........................  Vinyl fluoride [Ethene, fluoro-        75-02-5     10,000  f
                                  ].
75-04-7........................  Ethylamine [Ethanamine].......         75-04-7     10,000  f
75-07-0........................  Acetaldehyde..................         75-07-0     10,000  g
75-08-1........................  Ethyl mercaptan [Ethanethiol].         75-08-1     10,000  g
75-19-4........................  Cyclopropane..................         75-19-4     10,000  f
75-28-5........................  Isobutane [Propane, 2-methyl].         75-28-5     10,000  f
75-29-6........................  Isopropyl chloride [Propane, 2-        75-29-6     10,000  g
                                  chloro-].
75-31-0........................  Isopropylamine [2-Propanamine]         75-31-0     10,000  g
75-35-4........................  Vinylidene chloride [Ethene,           75-35-4     10,000  g
                                  1,1-dichloro-].
75-37-6........................  Difluoroethane [Ethane, 1,1-           75-37-6     10,000  f
                                  difluoro-].
75-38-7........................  Vinylidene fluoride [Ethene,           75-38-7     10,000  f
                                  1,1-difluoro-].
75-50-3........................  Trimethylamine [Methanamine,           75-50-3     10,000  f
                                  N, N-dimethyl-].
75-76-3........................  Tetramethylsilane [Silane,             75-76-3     10,000  g
                                  tetramethyl-].
78-78-4........................  Isopentane [Butane, 2-methyl-]         78-78-4     10,000  g
78-79-5........................  Isoprene [1,3,-Butadiene, 2-           78-79-5     10,000  g
                                  methyl-].
79-38-9........................  Trifluorochloroethylene                79-38-9     10,000  f
                                  [Ethene, chlorotrifluoro-].
106-97-8.......................  Butane........................        106-97-8     10,000  f
106-98-9.......................  1-Butene......................        106-98-9     10,000  f
196-99-0.......................  1,3-Butadiene.................        106-99-0     10,000  f
107-00-6.......................  Ethyl acetylene [1-Butyne]....        107-00-6     10,000  f
107-01-7.......................  2-Butene......................        107-01-7     10,000  f
107-25-5.......................  Vinyl methyl ether [Ethene,           107-25-5     10,000  f
                                  methoxy-].
107-31-3.......................  Methyl formate [Formic acid,          107-31-3     10,000  g
                                  methyl ester].
109-66-0.......................  Pentane.......................        109-66-0     10,000  g
109-67-1.......................  1-Pentene.....................        109-67-1     10,000  g
109-92-2.......................  Vinyl ethyl ether [Ethene,            109-92-2     10,000  g
                                  ethoxy-].
109-95-5.......................  Ethyl nitrite [Nitrous acid,          109-95-5     10,000  f
                                  ethyl ester].
115-07-1.......................  Propylene [1-Propene].........        115-07-1     10,000  f
115-10-6.......................  Methyl ether [Methane, oxybis-        115-10-6     10,000  f
                                  ].
115-11-7.......................  2-Methylpropene [1-Propene, 2-        115-11-7     10,000  f
                                  methyl-].
116-14-3.......................  Tetrafluoroethylene [Ethene,          116-14-3     10,000  f
                                  tetrafluoro-].
124-40-3.......................  Dimethylamine [Methanamine, N-        124-40-3     10,000  f
                                  methyl-].
460-19-5.......................  Cyanogen [Ethanedinitrile]....        460-19-5     10,000  f
463-49-0.......................  Propadiene [1,2-Propadiene]...        463-49-0     10,000  f
463-58-1.......................  Carbon oxysulfide [Carbon             463-58-1     10,000  f
                                  oxide sulfide (COS)].
463-82-1.......................  2,2-Dimethylpropane [Propane,         463-82-1     10,000  f
                                  2,2-dimethyl-].
504-60-9.......................  1,3-Pentadiene................        504-60-9     10,000  f
557-98-2.......................  2-Chloropropylene [1-Propene,         557-98-2     10,000  g
                                  2-chloro-].
563-45-1.......................  3-Methyl-1-butene.............        563-45-1     10,000  f
563-46-2.......................  2-Methyl-1-butene.............        563-46-2     10,000  g
590-18-1.......................  2-Butene-cis..................        590-18-1     10,000  f
590-21-6.......................  1-Chloropropylene [1-Propene,         590-21-6     10,000  g
                                  1-chloro-].
598-73-2.......................  Bromotrifluorethylene [Ethene,        598-73-2     10,000  f
                                  bromotrifluoro-].
624-64-6.......................  2-Butene-trans [2-Butene, (E)]        624-64-6     10,000  f
627-20-3.......................  2-Pentene, (Z)-...............        627-20-3     10,000  g
646-04-8.......................  2-Pentene, (E)-...............        646-04-8     10,000  g
689-97-4.......................  Vinyl acetylene [1-Buten-3-           689-97-4     10,000  f
                                  yne].
1333-74-0......................  Hydrogen......................       1333-74-0     10,000  f
4109-96-0......................  Dichlorosilane [Silane,              4109-96-0     10,000  f
                                  dichloro-].
7791-21-1......................  Chlorine monoxide [Chlorine          7791-21-1     10,000  f
                                  oxide].
7803-62-5......................  Silane........................       7803-62-5     10,000  f
10025-78-2.....................  Trichlorosilane                     10025-78-2     10,000  g
                                  [Silane,trichloro-].
25167-67-3.....................  Butene........................      25167-67-3     10,000  f
----------------------------------------------------------------------------------------------------------------
\1\ A flammable substance when used as a fuel or held for sale as a fuel at a retail facility is excluded from
  all provisions of this part (see Sec.  68.126).
 
 Note: Basis for Listing:
 \a\ Mandated for listing by Congress.

[[Page 188]]

 
 \f\ Flammable gas.
 \g\ Volatile flammable liquid.


[59 FR 4493, Jan. 31, 1994. Redesignated at 61 FR 31717, June 20, 1996, 
as amended at 62 FR 45132, Aug. 25, 1997; 63 FR 645, Jan. 6, 1998; 65 FR 
13250, Mar. 13, 2000]



                     Subpart G_Risk Management Plan

    Source: 61 FR 31726, June 20, 1996, unless otherwise noted.



Sec. 68.150  Submission.

    (a) The owner or operator shall submit a single RMP that includes 
the information required by Sec. Sec. 68.155 through 68.185 for all 
covered processes. The RMP shall be submitted in the method and format 
to the central point specified by EPA as of the date of submission.
    (b) The owner or operator shall submit the first RMP no later than 
the latest of the following dates:
    (1) June 21, 1999;
    (2) Three years after the date on which a regulated substance is 
first listed under Sec. 68.130; or
    (3) The date on which a regulated substance is first present above a 
threshold quantity in a process.
    (c) The owner or operator of any stationary source for which an RMP 
was submitted before June 21, 2004, shall revise the RMP to include the 
information required by Sec. 68.160(b)(6) and (14) by June 21, 2004 in 
the manner specified by EPA prior to that date. Any such submission 
shall also include the information required by Sec. 68.160(b)(20) 
(indicating that the submission is a correction to include the 
information required by Sec. 68.160(b)(6) and (14) or an update under 
Sec. 68.190).
    (d) RMPs submitted under this section shall be updated and corrected 
in accordance with Sec. Sec. 68.190 and 68.195.
    (e) Notwithstanding the provisions of Sec. Sec. 68.155 to 68.190, 
the RMP shall exclude classified information. Subject to appropriate 
procedures to protect such information from public disclosure, 
classified data or information excluded from the RMP may be made 
available in a classified annex to the RMP for review by Federal and 
state representatives who have received the appropriate security 
clearances.
    (f) Procedures for asserting that information submitted in the RMP 
is entitled to protection as confidential business information are set 
forth in Sec. Sec. 68.151 and 68.152.

[61 FR 31726, June 20, 1996, as amended at 64 FR 979, Jan. 6, 1999; 69 
FR 18831, Apr. 9, 2004]



Sec. 68.151  Assertion of claims of confidential business information.

    (a) Except as provided in paragraph (b) of this section, an owner or 
operator of a stationary source required to report or otherwise provide 
information under this part may make a claim of confidential business 
information for any such information that meets the criteria set forth 
in 40 CFR 2.301.
    (b) Notwithstanding the provisions of 40 CFR part 2, an owner or 
operator of a stationary source subject to this part may not claim as 
confidential business information the following information:
    (1) Registration data required by Sec. 68.160(b)(1) through (b)(6) 
and (b)(8), (b)(10) through (b)(13) and NAICS code and Program level of 
the process set forth in Sec. 68.160(b)(7);
    (2) Offsite consequence analysis data required by Sec. 
68.165(b)(4), (b)(9), (b)(10), (b)(11), and (b)(12).
    (3) Accident history data required by Sec. 68.168;
    (4) Prevention program data required by Sec. 68.170(b), (d), 
(e)(1), (f) through (k);
    (5) Prevention program data required by Sec. 68.175(b), (d), 
(e)(1), (f) through (p); and
    (6) Emergency response program data required by Sec. 68.180.
    (c) Notwithstanding the procedures specified in 40 CFR part 2, an 
owner or operator asserting a claim of CBI with respect to information 
contained in its RMP, shall submit to EPA at the time it submits the RMP 
the following:
    (1) The information claimed confidential, provided in a format to be 
specified by EPA;
    (2) A sanitized (redacted) copy of the RMP, with the notation 
``CBI'' substituted for the information claimed

[[Page 189]]

confidential, except that a generic category or class name shall be 
substituted for any chemical name or identity claimed confidential; and
    (3) The document or documents substantiating each claim of 
confidential business information, as described in Sec. 68.152.

[64 FR 979, Jan. 6, 1999]



Sec. 68.152  Substantiating claims of confidential business information.

    (a) An owner or operator claiming that information is confidential 
business information must substantiate that claim by providing 
documentation that demonstrates that the claim meets the substantive 
criteria set forth in 40 CFR 2.301.
    (b) Information that is submitted as part of the substantiation may 
be claimed confidential by marking it as confidential business 
information. Information not so marked will be treated as public and may 
be disclosed without notice to the submitter. If information that is 
submitted as part of the substantiation is claimed confidential, the 
owner or operator must provide a sanitized and unsanitized version of 
the substantiation.
    (c) The owner, operator, or senior official with management 
responsibility of the stationary source shall sign a certification that 
the signer has personally examined the information submitted and that 
based on inquiry of the persons who compiled the information, the 
information is true, accurate, and complete, and that those portions of 
the substantiation claimed as confidential business information would, 
if disclosed, reveal trade secrets or other confidential business 
information.

[64 FR 980, Jan. 6, 1999]



Sec. 68.155  Executive summary.

    The owner or operator shall provide in the RMP an executive summary 
that includes a brief description of the following elements:
    (a) The accidental release prevention and emergency response 
policies at the stationary source;
    (b) The stationary source and regulated substances handled;
    (c) The general accidental release prevention program and chemical-
specific prevention steps;
    (d) The five-year accident history;
    (e) The emergency response program; and
    (f) Planned changes to improve safety.

[61 FR 31726, June 20, 1996, as amended at 69 FR 18831, Apr. 9, 2004]



Sec. 68.160  Registration.

    (a) The owner or operator shall complete a single registration form 
and include it in the RMP. The form shall cover all regulated substances 
handled in covered processes.
    (b) The registration shall include the following data:
    (1) Stationary source name, street, city, county, state, zip code, 
latitude and longitude, method for obtaining latitude and longitude, and 
description of location that latitude and longitude represent;
    (2) The stationary source Dun and Bradstreet number;
    (3) Name and Dun and Bradstreet number of the corporate parent 
company;
    (4) The name, telephone number, and mailing address of the owner or 
operator;
    (5) The name and title of the person or position with overall 
responsibility for RMP elements and implementation, and (optional) the 
e-mail address for that person or position;
    (6) The name, title, telephone number, 24-hour telephone number, 
and, as of June 21, 2004, the e-mail address (if an e-mail address 
exists) of the emergency contact;
    (7) For each covered process, the name and CAS number of each 
regulated substance held above the threshold quantity in the process, 
the maximum quantity of each regulated substance or mixture in the 
process (in pounds) to two significant digits, the five- or six-digit 
NAICS code that most closely corresponds to the process, and the Program 
level of the process;
    (8) The stationary source EPA identifier;
    (9) The number of full-time employees at the stationary source;
    (10) Whether the stationary source is subject to 29 CFR 1910.119;

[[Page 190]]

    (11) Whether the stationary source is subject to 40 CFR part 355;
    (12) If the stationary source has a CAA Title V operating permit, 
the permit number; and
    (13) The date of the last safety inspection of the stationary source 
by a Federal, state, or local government agency and the identity of the 
inspecting entity.
    (14) As of June 21, 2004, the name, the mailing address, and the 
telephone number of the contractor who prepared the RMP (if any);
    (15) Source or Parent Company E-Mail Address (Optional);
    (16) Source Homepage address (Optional)
    (17) Phone number at the source for public inquiries (Optional);
    (18) Local Emergency Planning Committee (Optional);
    (19) OSHA Voluntary Protection Program status (Optional);
    (20) As of June 21, 2004, the type of and reason for any changes 
being made to a previously submitted RMP; the types of changes to RMP 
are categorized as follows:
    (i) Updates and re-submissions required under Sec. 68.190(b);
    (ii) Corrections under Sec. 68.195 or for purposes of correcting 
minor clerical errors, updating administrative information, providing 
missing data elements or reflecting facility ownership changes, and 
which do not require an update and re-submission as specified in Sec. 
68.190(b);
    (iii) De-registrations required under Sec. 68.190(c); and
    (iv) Withdrawals of an RMP for any facility that was erroneously 
considered subject to this part 68.

[61 FR 31726, June 20, 1996, as amended at 64 FR 980, Jan. 6, 1999; 69 
FR 18831, Apr. 9, 2004]



Sec. 68.165  Offsite consequence analysis.

    (a) The owner or operator shall submit in the RMP information:
    (1) One worst-case release scenario for each Program 1 process; and
    (2) For Program 2 and 3 processes, one worst-case release scenario 
to represent all regulated toxic substances held above the threshold 
quantity and one worst-case release scenario to represent all regulated 
flammable substances held above the threshold quantity. If additional 
worst-case scenarios for toxics or flammables are required by Sec. 
68.25(a)(2)(iii), the owner or operator shall submit the same 
information on the additional scenario(s). The owner or operator of 
Program 2 and 3 processes shall also submit information on one 
alternative release scenario for each regulated toxic substance held 
above the threshold quantity and one alternative release scenario to 
represent all regulated flammable substances held above the threshold 
quantity.
    (b) The owner or operator shall submit the following data:
    (1) Chemical name;
    (2) Percentage weight of the chemical in a liquid mixture (toxics 
only);
    (3) Physical state (toxics only);
    (4) Basis of results (give model name if used);
    (5) Scenario (explosion, fire, toxic gas release, or liquid spill 
and evaporation);
    (6) Quantity released in pounds;
    (7) Release rate;
    (8) Release duration;
    (9) Wind speed and atmospheric stability class (toxics only);
    (10) Topography (toxics only);
    (11) Distance to endpoint;
    (12) Public and environmental receptors within the distance;
    (13) Passive mitigation considered; and
    (14) Active mitigation considered (alternative releases only);

[61 FR 31726, June 20, 1996, as amended at 64 FR 980, Jan. 6, 1999]



Sec. 68.168  Five-year accident history.

    The owner or operator shall submit in the RMP the information 
provided in Sec. 68.42(b) on each accident covered by Sec. 68.42(a).



Sec. 68.170  Prevention program/Program 2.

    (a) For each Program 2 process, the owner or operator shall provide 
in the RMP the information indicated in paragraphs (b) through (k) of 
this section. If the same information applies to more than one covered 
process, the owner or operator may provide the information only once, 
but shall indicate to which processes the information applies.

[[Page 191]]

    (b) The five- or six-digit NAICS code that most closely corresponds 
to the process.
    (c) The name(s) of the chemical(s) covered.
    (d) The date of the most recent review or revision of the safety 
information and a list of Federal or state regulations or industry-
specific design codes and standards used to demonstrate compliance with 
the safety information requirement.
    (e) The date of completion of the most recent hazard review or 
update.
    (1) The expected date of completion of any changes resulting from 
the hazard review;
    (2) Major hazards identified;
    (3) Process controls in use;
    (4) Mitigation systems in use;
    (5) Monitoring and detection systems in use; and
    (6) Changes since the last hazard review.
    (f) The date of the most recent review or revision of operating 
procedures.
    (g) The date of the most recent review or revision of training 
programs;
    (1) The type of training provided--classroom, classroom plus on the 
job, on the job; and
    (2) The type of competency testing used.
    (h) The date of the most recent review or revision of maintenance 
procedures and the date of the most recent equipment inspection or test 
and the equipment inspected or tested.
    (i) The date of the most recent compliance audit and the expected 
date of completion of any changes resulting from the compliance audit.
    (j) The date of the most recent incident investigation and the 
expected date of completion of any changes resulting from the 
investigation.
    (k) The date of the most recent change that triggered a review or 
revision of safety information, the hazard review, operating or 
maintenance procedures, or training.

[61 FR 31726, June 20, 1996, as amended at 64 FR 980, Jan. 6, 1999]



Sec. 68.175  Prevention program/Program 3.

    (a) For each Program 3 process, the owner or operator shall provide 
the information indicated in paragraphs (b) through (p) of this section. 
If the same information applies to more than one covered process, the 
owner or operator may provide the information only once, but shall 
indicate to which processes the information applies.
    (b) The five- or six-digit NAICS code that most closely corresponds 
to the process.
    (c) The name(s) of the substance(s) covered.
    (d) The date on which the safety information was last reviewed or 
revised.
    (e) The date of completion of the most recent PHA or update and the 
technique used.
    (1) The expected date of completion of any changes resulting from 
the PHA;
    (2) Major hazards identified;
    (3) Process controls in use;
    (4) Mitigation systems in use;
    (5) Monitoring and detection systems in use; and
    (6) Changes since the last PHA.
    (f) The date of the most recent review or revision of operating 
procedures.
    (g) The date of the most recent review or revision of training 
programs;
    (1) The type of training provided--classroom, classroom plus on the 
job, on the job; and
    (2) The type of competency testing used.
    (h) The date of the most recent review or revision of maintenance 
procedures and the date of the most recent equipment inspection or test 
and the equipment inspected or tested.
    (i) The date of the most recent change that triggered management of 
change procedures and the date of the most recent review or revision of 
management of change procedures.
    (j) The date of the most recent pre-startup review.
    (k) The date of the most recent compliance audit and the expected 
date of completion of any changes resulting from the compliance audit;
    (l) The date of the most recent incident investigation and the 
expected date of completion of any changes resulting from the 
investigation;
    (m) The date of the most recent review or revision of employee 
participation plans;
    (n) The date of the most recent review or revision of hot work 
permit procedures;

[[Page 192]]

    (o) The date of the most recent review or revision of contractor 
safety procedures; and
    (p) The date of the most recent evaluation of contractor safety 
performance.

[61 FR 31726, June 20, 1996, as amended at 64 FR 980, Jan. 6, 1999]



Sec. 68.180  Emergency response program.

    (a) The owner or operator shall provide in the RMP the following 
information:
    (1) Do you have a written emergency response plan?
    (2) Does the plan include specific actions to be taken in response 
to an accidental releases of a regulated substance?
    (3) Does the plan include procedures for informing the public and 
local agencies responsible for responding to accidental releases?
    (4) Does the plan include information on emergency health care?
    (5) The date of the most recent review or update of the emergency 
response plan;
    (6) The date of the most recent emergency response training for 
employees.
    (b) The owner or operator shall provide the name and telephone 
number of the local agency with which emergency response activities and 
the emergency response plan is coordinated.
    (c) The owner or operator shall list other Federal or state 
emergency plan requirements to which the stationary source is subject.

[61 FR 31726, June 20, 1996, as amended at 64 FR 980, Jan. 6, 1999]



Sec. 68.185  Certification.

    (a) For Program 1 processes, the owner or operator shall submit in 
the RMP the certification statement provided in Sec. 68.12(b)(4).
    (b) For all other covered processes, the owner or operator shall 
submit in the RMP a single certification that, to the best of the 
signer's knowledge, information, and belief formed after reasonable 
inquiry, the information submitted is true, accurate, and complete.



Sec. 68.190  Updates.

    (a) The owner or operator shall review and update the RMP as 
specified in paragraph (b) of this section and submit it in the method 
and format to the central point specified by EPA as of the date of 
submission.
    (b) The owner or operator of a stationary source shall revise and 
update the RMP submitted under Sec. 68.150 as follows:
    (1) At least once every five years from the date of its initial 
submission or most recent update required by paragraphs (b)(2) through 
(b)(7) of this section, whichever is later. For purposes of determining 
the date of initial submissions, RMPs submitted before June 21, 1999 are 
considered to have been submitted on that date.
    (2) No later than three years after a newly regulated substance is 
first listed by EPA;
    (3) No later than the date on which a new regulated substance is 
first present in an already covered process above a threshold quantity;
    (4) No later than the date on which a regulated substance is first 
present above a threshold quantity in a new process;
    (5) Within six months of a change that requires a revised PHA or 
hazard review;
    (6) Within six months of a change that requires a revised offsite 
consequence analysis as provided in Sec. 68.36; and
    (7) Within six months of a change that alters the Program level that 
applied to any covered process.
    (c) If a stationary source is no longer subject to this part, the 
owner or operator shall submit a de-registration to EPA within six 
months indicating that the stationary source is no longer covered.

[61 FR 31726, June 20, 1996, as amended at 69 FR 18832, Apr. 9, 2004]



Sec. 68.195  Required corrections.

    The owner or operator of a stationary source for which a RMP was 
submitted shall correct the RMP as follows:
    (a) New accident history information--For any accidental release 
meeting the five-year accident history reporting criteria of Sec. 68.42 
and occurring after April 9, 2004, the owner or operator shall submit 
the data required under Sec. Sec. 68.168, 68.170(j), and 68.175(l)

[[Page 193]]

with respect to that accident within six months of the release or by the 
time the RMP is updated under Sec. 68.190, whichever is earlier.
    (b) Emergency contact information--Beginning June 21, 2004, within 
one month of any change in the emergency contact information required 
under Sec. 68.160(b)(6), the owner or operator shall submit a 
correction of that information.

[69 FR 18832, Apr. 9, 2004]



                      Subpart H_Other Requirements

    Source: 61 FR 31728, June 20, 1996, unless otherwise noted.



Sec. 68.200  Recordkeeping.

    The owner or operator shall maintain records supporting the 
implementation of this part for five years unless otherwise provided in 
subpart D of this part.



Sec. 68.210  Availability of information to the public.

    (a) The RMP required under subpart G of this part shall be available 
to the public under 42 U.S.C. 7414(c).
    (b) The disclosure of classified information by the Department of 
Defense or other Federal agencies or contractors of such agencies shall 
be controlled by applicable laws, regulations, or executive orders 
concerning the release of classified information.



Sec. 68.215  Permit content and air permitting authority or designated agency 

requirements.

    (a) These requirements apply to any stationary source subject to 
this part 68 and parts 70 or 71 of this chapter. The 40 CFR part 70 or 
part 71 permit for the stationary source shall contain:
    (1) A statement listing this part as an applicable requirement;
    (2) Conditions that require the source owner or operator to submit:
    (i) A compliance schedule for meeting the requirements of this part 
by the date provided in Sec. 68.10(a) or;
    (ii) As part of the compliance certification submitted under 40 CFR 
70.6(c)(5), a certification statement that the source is in compliance 
with all requirements of this part, including the registration and 
submission of the RMP.
    (b) The owner or operator shall submit any additional relevant 
information requested by the air permitting authority or designated 
agency.
    (c) For 40 CFR part 70 or part 71 permits issued prior to the 
deadline for registering and submitting the RMP and which do not contain 
permit conditions described in paragraph (a) of this section, the owner 
or operator or air permitting authority shall initiate permit revision 
or reopening according to the procedures of 40 CFR 70.7 or 71.7 to 
incorporate the terms and conditions consistent with paragraph (a) of 
this section.
    (d) The state may delegate the authority to implement and enforce 
the requirements of paragraph (e) of this section to a state or local 
agency or agencies other than the air permitting authority. An up-to-
date copy of any delegation instrument shall be maintained by the air 
permitting authority. The state may enter a written agreement with the 
Administrator under which EPA will implement and enforce the 
requirements of paragraph (e) of this section.
    (e) The air permitting authority or the agency designated by 
delegation or agreement under paragraph (d) of this section shall, at a 
minimum:
    (1) Verify that the source owner or operator has registered and 
submitted an RMP or a revised plan when required by this part;
    (2) Verify that the source owner or operator has submitted a source 
certification or in its absence has submitted a compliance schedule 
consistent with paragraph (a)(2) of this section;
    (3) For some or all of the sources subject to this section, use one 
or more mechanisms such as, but not limited to, a completeness check, 
source audits, record reviews, or facility inspections to ensure that 
permitted sources are in compliance with the requirements of this part; 
and
    (4) Initiate enforcement action based on paragraphs (e)(1) and 
(e)(2) of this section as appropriate.

[[Page 194]]



Sec. 68.220  Audits.

    (a) In addition to inspections for the purpose of regulatory 
development and enforcement of the Act, the implementing agency shall 
periodically audit RMPs submitted under subpart G of this part to review 
the adequacy of such RMPs and require revisions of RMPs when necessary 
to ensure compliance with subpart G of this part.
    (b) The implementing agency shall select stationary sources for 
audits based on any of the following criteria:
    (1) Accident history of the stationary source;
    (2) Accident history of other stationary sources in the same 
industry;
    (3) Quantity of regulated substances present at the stationary 
source;
    (4) Location of the stationary source and its proximity to the 
public and environmental receptors;
    (5) The presence of specific regulated substances;
    (6) The hazards identified in the RMP; and
    (7) A plan providing for neutral, random oversight.
    (c) Exemption from audits. A stationary source with a Star or Merit 
ranking under OSHA's voluntary protection program shall be exempt from 
audits under paragraph (b)(2) and (b)(7) of this section.
    (d) The implementing agency shall have access to the stationary 
source, supporting documentation, and any area where an accidental 
release could occur.
    (e) Based on the audit, the implementing agency may issue the owner 
or operator of a stationary source a written preliminary determination 
of necessary revisions to the stationary source's RMP to ensure that the 
RMP meets the criteria of subpart G of this part. The preliminary 
determination shall include an explanation for the basis for the 
revisions, reflecting industry standards and guidelines (such as AIChE/
CCPS guidelines and ASME and API standards) to the extent that such 
standards and guidelines are applicable, and shall include a timetable 
for their implementation.
    (f) Written response to a preliminary determination. (1) The owner 
or operator shall respond in writing to a preliminary determination made 
in accordance with paragraph (e) of this section. The response shall 
state the owner or operator will implement the revisions contained in 
the preliminary determination in accordance with the timetable included 
in the preliminary determination or shall state that the owner or 
operator rejects the revisions in whole or in part. For each rejected 
revision, the owner or operator shall explain the basis for rejecting 
such revision. Such explanation may include substitute revisions.
    (2) The written response under paragraph (f)(1) of this section 
shall be received by the implementing agency within 90 days of the issue 
of the preliminary determination or a shorter period of time as the 
implementing agency specifies in the preliminary determination as 
necessary to protect public health and the environment. Prior to the 
written response being due and upon written request from the owner or 
operator, the implementing agency may provide in writing additional time 
for the response to be received.
    (g) After providing the owner or operator an opportunity to respond 
under paragraph (f) of this section, the implementing agency may issue 
the owner or operator a written final determination of necessary 
revisions to the stationary source's RMP. The final determination may 
adopt or modify the revisions contained in the preliminary determination 
under paragraph (e) of this section or may adopt or modify the 
substitute revisions provided in the response under paragraph (f) of 
this section. A final determination that adopts a revision rejected by 
the owner or operator shall include an explanation of the basis for the 
revision. A final determination that fails to adopt a substitute 
revision provided under paragraph (f) of this section shall include an 
explanation of the basis for finding such substitute revision 
unreasonable.
    (h) Thirty days after completion of the actions detailed in the 
implementation schedule set in the final determination under paragraph 
(g) of this section, the owner or operator shall be in violation of 
subpart G of this part and this section unless the owner or operator 
revises the RMP prepared

[[Page 195]]

under subpart G of this part as required by the final determination, and 
submits the revised RMP as required under Sec. 68.150.
    (i) The public shall have access to the preliminary determinations, 
responses, and final determinations under this section in a manner 
consistent with Sec. 68.210.
    (j) Nothing in this section shall preclude, limit, or interfere in 
any way with the authority of EPA or the state to exercise its 
enforcement, investigatory, and information gathering authorities 
concerning this part under the Act.



          Sec. Appendix A to Part 68--Table of Toxic Endpoints

                [As defined in Sec.  68.22 of this part]
------------------------------------------------------------------------
                                                                Toxic
          CAS No.                    Chemical name          endpoint (mg/
                                                                 L)
------------------------------------------------------------------------
107-02-8..................  Acrolein [2-Propenal].........       0.0011
107-13-1..................  Acrylonitrile [2-                    0.076
                             Propenenitrile].
814-68-6..................  Acrylyl chloride [2-Propenoyl        0.00090
                             chloride].
107-18-6..................  Allyl alcohol [2-Propen-1-ol].       0.036
107-11-9..................  Allylamine [2-Propen-1-amine].       0.0032
7664-41-7.................  Ammonia (anhydrous)...........       0.14
7664-41-7.................  Ammonia (conc 20% or greater).       0.14
7784-34-1.................  Arsenous trichloride..........       0.010
7784-42-1.................  Arsine........................       0.0019
10294-34-5................  Boron trichloride [Borane,           0.010
                             trichloro-].
7637-07-2.................  Boron trifluoride [Borane,           0.028
                             trifluoro-].
353-42-4..................  Boron trifluoride compound           0.023
                             with methyl ether (1:1)
                             [Boron,
                             trifluoro[oxybis[methane]]-,
                             T-4.
7726-95-6.................  Bromine.......................       0.0065
75-15-0...................  Carbon disulfide..............       0.16
7782-50-5.................  Chlorine......................       0.0087
10049-04-4................  Chlorine dioxide [Chlorine           0.0028
                             oxide (ClO2)].
67-66-3...................  Chloroform [Methane, trichloro-      0.49
                             ].
542-88-1..................  Chloromethyl ether [Methane,         0.00025
                             oxybis[chloro-].
107-30-2..................  Chloromethyl methyl ether            0.0018
                             [Methane, chloromethoxy-].
4170-30-3.................  Crotonaldehyde [2-Butenal]....       0.029
123-73-9..................  Crotonaldehyde, (E)-, [2-            0.029
                             Butenal, (E)-].
506-77-4..................  Cyanogen chloride.............       0.030
108-91-8..................  Cyclohexylamine                      0.16
                             [Cyclohexanamine].
19287-45-7................  Diborane......................       0.0011
75-78-5...................  Dimethyldichlorosilane               0.026
                             [Silane, dichlorodimethyl-].
57-14-7...................  1,1-Dimethylhydrazine                0.012
                             [Hydrazine, 1,1-dimethyl-].
106-89-8..................  Epichlorohydrin [Oxirane,            0.076
                             (chloromethyl)-].
107-15-3..................  Ethylenediamine [1,2-                0.49
                             Ethanediamine].
151-56-4..................  Ethyleneimine [Aziridine].....       0.018
75-21-8...................  Ethylene oxide [Oxirane]......       0.090
7782-41-4.................  Fluorine......................       0.0039
50-00-0...................  Formaldehyde (solution).......       0.012
110-00-9..................  Furan.........................       0.0012
302-01-2..................  Hydrazine.....................       0.011
7647-01-0.................  Hydrochloric acid (conc 37% or       0.030
                             greater).
74-90-8...................  Hydrocyanic acid..............       0.011
7647-01-0.................  Hydrogen chloride (anhydrous)        0.030
                             [Hydrochloric acid].
7664-39-3.................  Hydrogen fluoride/Hydrofluoric       0.016
                             acid (conc 50% or greater)
                             [Hydrofluoric acid].
7783-07-5.................  Hydrogen selenide.............       0.00066
7783-06-4.................  Hydrogen sulfide..............       0.042
13463-40-6................  Iron, pentacarbonyl- [Iron           0.00044
                             carbonyl (Fe(CO)5), (TB-5-11)-
                             ].
78-82-0...................  Isobutyronitrile                     0.14
                             [Propanenitrile, 2-methyl-].
108-23-6..................  Isopropyl chloroformate              0.10
                             [Carbonochloride acid, 1-
                             methylethyl ester].
126-98-7..................  Methacrylonitrile [2-                0.0027
                             Propenenitrile, 2-methyl-].
74-87-3...................  Methyl chloride [Methane,            0.82
                             chloro-].
79-22-1...................  Methyl chloroformate                 0.0019
                             [Carbonochloridic acid,
                             methylester].
60-34-4...................  Methyl hydrazine [Hydrazine,         0.0094
                             methyl-].
624-83-9..................  Methyl isocyanate [Methane,          0.0012
                             isocyanato-].
74-93-1...................  Methyl mercaptan                     0.049
                             [Methanethiol].
556-64-9..................  Methyl thiocyanate [Thiocyanic       0.085
                             acid, methyl ester].
75-79-6...................  Methyltrichlorosilane [Silane,       0.018
                             trichloromethyl-].
13463-39-3................  Nickel carbonyl...............       0.00067
7697-37-2.................  Nitric acid (conc 80% or             0.026
                             greater).
10102-43-9................  Nitric oxide [Nitrogen oxide         0.031
                             (NO)].
8014-95-7.................  Oleum (Fuming Sulfuric acid)         0.010
                             [Sulfuric acid, mixture with
                             sulfur trioxide].
79-21-0...................  Peracetic acid [Ethaneperoxoic       0.0045
                             acid].

[[Page 196]]

 
594-42-3..................  Perchloromethylmercaptan             0.0076
                             [Methanesulfenyl chloride,
                             trichloro-].
75-44-5...................  Phosgene [Carbonic dichloride]       0.00081
7803-51-2.................  Phosphine.....................       0.0035
10025-87-3................  Phosphorus oxychloride               0.0030
                             [Phosphoryl chloride].
7719-12-2.................  Phosphorus trichloride               0.028
                             [Phosphorous trichloride].
110-89-4..................  Piperidine....................       0.022
107-12-0..................  Propionitrile [Propanenitrile]       0.0037
109-61-5..................  Propyl chloroformate                 0.010
                             [Carbonochloridic acid,
                             propylester].
75-55-8...................  Propyleneimine [Aziridine, 2-        0.12
                             methyl-].
75-56-9...................  Propylene oxide [Oxirane,            0.59
                             methyl-].
7446-09-5.................  Sulfur dioxide (anhydrous)....       0.0078
7783-60-0.................  Sulfur tetrafluoride [Sulfur         0.0092
                             fluoride (SF4), (T-4)-].
7446-11-9.................  Sulfur trioxide...............       0.010
75-74-1...................  Tetramethyllead [Plumbane,           0.0040
                             tetramethyl-].
509-14-8..................  Tetranitromethane [Methane,          0.0040
                             tetranitro-].
7750-45-0.................  Titanium tetrachloride               0.020
                             [Titanium chloride (TiCl4) (T-
                             4)-].
584-84-9..................  Toluene 2,4-diisocyanate             0.0070
                             [Benzene, 2,4-diisocyanato-1-
                             methyl-].
91-08-7...................  Toluene 2,6-diisocyanate             0.0070
                             [Benzene, 1,3-diisocyanato-2-
                             methyl-].
26471-62-5................  Toluene diisocyanate                 0.0070
                             (unspecified isomer)
                             [Benzene, 1,3-
                             diisocyanatomethyl-].
75-77-4...................  Trimethylchlorosilane [Silane,       0.050
                             chlorotrimethyl-].
108-05-4..................  Vinyl acetate monomer [Acetic        0.26
                             acid ethenyl ester].
------------------------------------------------------------------------


[61 FR 31729, June 20, 1996, as amended at 62 FR 45132, Aug. 25, 1997]



PART 69_SPECIAL EXEMPTIONS FROM REQUIREMENTS OF THE CLEAN AIR ACT--Table of 

Contents




                             Subpart A_Guam

Sec.
69.11 New exemptions.
69.12 Continuing exemptions.
69.13 Title V conditional exemption.

                        Subpart B_American Samoa

69.21 New exemptions. [Reserved]
69.22 Title V conditional exemption.

         Subpart C_Commonwealth of the Northern Mariana Islands

69.31 New exemptions. [Reserved]
69.32 Title V conditional exemption.

                    Subpart D_The U.S. Virgin Islands

69.41 New exemptions.

                            Subpart E_Alaska

69.51 Motor vehicle diesel fuel.
69.52 Non-motor vehicle diesel fuel.

    Authority: 42 U.S.C. 7545(c), (g) and (i), and 7625-1.

    Source: 50 FR 25577, June 20, 1985, unless otherwise noted.



                             Subpart A_Guam



Sec. 69.11  New exemptions.

    (a) Pursuant to section 325(a) of the Clean Air Act (``CAA'') and a 
petition submitted by the Governor of Guam (``Petition''), the 
Administrator of the Environmental Protection Agency (``EPA'') 
conditionally exempts electric generating units on Guam from certain CAA 
requirements.
    (1) A waiver of the requirement to obtain a prevention of 
significant deterioration (``PSD'') permit prior to construction is 
granted for the electric generating units identified in the Petition as 
Cabras Diesel No. 1, the Tenjo project, and three 6-megawatt diesel 
generators to be constructed at Orote, with the following conditions:
    (i) Each electric generating unit shall not be operated until a 
final PSD permit is issued for that unit;
    (ii) Each electric generating unit shall not be operated until that 
unit complies with all requirements of its PSD permit, including, if 
necessary, retrofitting with the best available control technology 
(``BACT'');
    (iii) The PSD application for each electric generating unit shall be 
deemed complete without the submittal of the required one year of on-
site meteorological data, however, EPA

[[Page 197]]

will not issue a PSD permit to such a unit prior to submission of such 
data or data which the EPA finds to be an equivalent and acceptable 
substitute; and
    (iv) If any electric generating unit covered by this paragraph is 
operated either prior to the issuance of a final PSD permit or without 
BACT equipment, that electric generating unit shall be deemed in 
violation of this waiver and the CAA beginning on the date of 
commencement of construction of that unit.
    (2) A waiver of the three nonattainment area requirements (a 
construction ban, the use of lowest achievable emission rate control 
equipment, and emission offset requirements) currently applicable to the 
Cabras-Piti area is granted for electric generating units with the 
following conditions:
    (i) A tower and meteorological station shall be constructed in the 
Cabras-Piti area by May 1, 1993;
    (ii) Meteorological data shall be collected from the Cabras-Piti 
station which is sufficient to run air quality models both to 
demonstrate no current exceedences of the primary national ambient air 
quality standard for sulfur dioxide (``sulfur dioxide NAAQS''), as set 
forth at 40 CFR 50.4, and sufficient to submit a complete request for 
redesignation of the area to attainment;
    (iii) Ambient sulfur dioxide monitors shall be installed and 
operated in accordance with the procedures set forth at 40 CFR part 58, 
the PSD air monitoring requirements, and any additional monitoring 
requested by EPA to verify the efficacy of the intermittent control 
strategy (``ICS'') of fuel switching;
    (iv) Within three years from the effective date of this waiver, the 
Governor of Guam shall submit to the EPA a complete request that the 
Cabras-Piti area be redesignated to attainment for the sulfur dioxide 
NAAQS;
    (v) Electric generating units to be constructed in the Cabras-Piti 
area must submit applications for PSD permits as though the area had 
been redesignated to attainment for the sulfur dioxide NAAQS;
    (vi) The Cabras-Piti area electric generating units shall comply 
with the fuel switching ICS described in paragraph (a)(3)(i) of this 
section;
    (vii) If the collected data and air quality analysis does not 
demonstrate to the EPA's satisfaction that there are no current or 
likely future exceedences of the sulfur dioxide NAAQS, the EPA will so 
notify the Governor of Guam;
    (viii) Within six months of such notification, the Governor of Guam 
shall submit to the EPA an implementation plan which includes a schedule 
of emission reductions and/or control measures that will ensure 
achievement of the sulfur dioxide NAAQS within one year of submission of 
the implementation plan; and
    (ix) If the Governor of Guam fails to submit an implementation plan 
in a timely fashion, or if EPA disapproves that implementation plan, all 
electric generating units subject to the fuel switching ICS described in 
paragraph (a)(3)(i) of this section shall be fueled exclusively with low 
sulfur fuel.
    (3) A waiver of the prohibition on the use of the ICS of fuel 
switching is granted for electric generating units with the following 
conditions:
    (i) The protocol to be followed for the ICS of fuel switching for 
electric generating units shall be the one set forth in a separate EPA 
document entitled Cabras-Piti Area Intermittent Control Strategy; and
    (ii) This protocol may be modified by the EPA to protect against 
exceedences of the sulfur dioxide NAAQS and to accommodate additional 
electric generating units.
    (b) The waiver will be periodically reviewed (at intervals no longer 
than three years) and, as deemed appropriate by the Administrator, can 
be modified or terminated at any time through rulemaking procedures.
    (c) Pursuant to Section 325(a) of the CAA and a petition submitted 
by the Governor of Guam on July 14, 1995 (``1995 Petition''), the 
Administrator of EPA conditionally exempts Guam Power Authority 
(``GPA'') from certain CAA requirements.

[[Page 198]]

    (1) A waiver of the requirement to obtain a PSD permit prior to 
construction is granted for the electric generating unit identified in 
the 1995 Petition as Cabras Unit No. 4, with the following conditions:
    (i) Cabras Unit No. 4 shall not operate until a final PSD permit is 
received by GPA for this unit;
    (ii) Cabras Unit No. 4 shall not operate until it complies with all 
requirements of its PSD permit, including, if necessary, retrofitting 
with BACT;
    (iii) If Cabras Unit No. 4 operates either prior to the issuance of 
a final PSD permit or without BACT equipment, Cabras Unit No. 4 shall be 
deemed in violation of this waiver and the CAA beginning on the date of 
commencement of construction of the unit.
    (2) A waiver of the requirement to obtain a PSD permit prior to the 
operation of the unit identified in the 1995 Petition as Cabras Unit No. 
3 is granted subject to the following conditions:
    (i) The protocol to be followed for the ICS of fuel switching for 
electric generating units shall be modified to require the use of fuel 
oil with a sulfur content of 2.00 percent or less during offshore wind 
conditions. This fuel shall be fired in Cabras Power Plant Units Nos. 1 
through 3 and in Piti Power Plant Units Nos. 4 and 5.
    (ii) Cabras Unit No. 3 shall operate in compliance with all 
applicable requirements in its permits to construct and to operate as 
issued by Guam Environmental Protection Agency.
    (iii) The waiver provisions allowing Cabras Unit No. 3 to operate 
prior to issuance of a PSD permit shall expire on August 15, 1996, or 
upon the receipt by GPA of a PSD permit for Cabras Unit No. 3, whichever 
event occurs first.
    (3) On or before October 15, 1995, GPA shall submit to EPA, Region 
IX, a report concerning the operation of Cabras Unit No. 3 and the 
construction of Cabras Unit No. 4. The report shall contain:
    (i) A summary of GPA's conclusions from its wind tunnel study;
    (ii) A description of the alternatives available to assure 
compliance with all air quality requirements, including PSD 
requirements, during the operation of Cabras Units Nos. 3 and 4;
    (iii) A description of the alternative GPA chooses to assure 
compliance with all air quality requirements, including PSD 
requirements, during the operation of Cabras Units Nos. 3 and 4; and
    (iv) A plan of implementation by GPA.
    (d)(1) Pursuant to Section 325(a) of the CAA and a petition 
submitted by the Governor of Guam on February 11, 1997 (``1997 
Petition''), the Administrator of EPA conditionally exempts Piti Power 
Plant Units No. 8 and No. 9 from certain CAA requirements.
    (2) A waiver of the requirement to obtain a PSD permit prior to 
construction is granted for the electric generating units identified in 
the 1997 Petition as Piti Units No. 8 and No. 9 (two 45 megawatt 
baseload diesel electric generators and associated waste heat recovery 
boilers with a steam generator), with the following conditions:
    (i) Piti Units No. 8 and No. 9 shall not operate until final PSD 
permits are received for these units;
    (ii) Piti Units No. 8 and No. 9 shall not operate until they comply 
with all requirements of their PSD permits, including, if necessary, 
retrofitting with BACT;
    (iii) If either Piti Units No. 8 or No. 9 operate either prior to 
the issuance of a final PSD permit or without BACT equipment, the Piti 
Unit(s) shall be deemed in violation of this waiver and the CAA 
beginning on the date of commencement of construction of the unit(s).

[58 FR 43043, Aug. 12, 1993, as amended at 60 FR 48038, Sept. 18, 1995; 
62 FR 44416, Aug. 21, 1997]



Sec. 69.12  Continuing exemptions.

    (a) Effective on the expiration date of the initial eighteen month 
exemption provided under section 325(b) of ``the Act'', the 
Administrator of the Environmental Protection Agency (EPA) exempts the 
Guam Power Authority's two sixty-six megawatt oil-fired steam units 
which comprise the Cabras Power Plant from sulfur dioxide requirements 
associated with New Source Performance Standards (NSPS) under section 
111 of the Clean Air Act and from the related NSPS limitation on sulfur 
dioxide emissions contained in the Guam SIP.

[[Page 199]]

    (b) The exemption will be reviewed at intervals and upon occasions 
to be specified by EPA (not longer than 2 years), allowing EPA to 
determine whether the factual circumstances upon which it is based, 
including commitments made by GPA in the application for extension and 
the continuing attainment of the National Ambient Air Quality Standards 
(NAAQS) for Sulfur Dioxide, have changed. The commitments include 
reporting requirements specified by the Guam Environmental Protection 
Agency (GEPA), including but not limited to strict implementation of 
both the monitoring (wind direction and ambient SO2 
concentration) and fuel switching portions of the control strategy, 
reporting to GEPA of all applications of the strategy, and reporting to 
GEPA of laboratory analyses of percent sulfur in all new fuel stocks 
acquired GPA. A finding by EPA that the source is not in compliance with 
the terms of the exemption will be grounds for enforcement of the terms 
of the exemption under section 113. A finding by EPA that factual 
circumstances have changed will be grounds for revocation of the 
exemption and enforcement of the underlying Clean Air Act requirements.
    (c) It is a condition of this action that GPA provide to EPA a copy 
of any GPA application for rate changes or for commercial credit for 
construction or replacement of capital assets, simultaneously with 
submission of such application to the rate making authority or 
commercial credit institution. No later than the 90th day after a 
finding by EPA that the circumstances upon which the determination for 
continuing the exemption was originally made have changed, this 
exemption shall terminate unless within that time GPA submits 
information that it is taking all practicable steps to comply with NSPS 
and SIP requirements related to SO2. EPA shall review such 
information under the procedures it has established and shall, as 
appropriate, extend or terminate the exemption.



Sec. 69.13  Title V conditional exemption.

    (a) Conditional exemption. In response to a petition submitted by 
the Governor of Guam and pursuant to section 325(a) of the Clean Air Act 
(Act), the Administrator of the United States EPA (EPA) grants the 
following conditional exemptions:
    (1) Guam is exempted from the requirement to develop, submit for 
approval, and implement an operating permit program under title V of the 
Clean Air Act on the condition that Guam meets the requirements of 
paragraph (b) of this section and subject to the provisions of 
paragraphs (c) through (e) of this section.
    (2) Except for sources listed under paragraph (a)(4) of this 
section, owners or operators of sources located in Guam subject to the 
operating permit requirements of title V of the Clean Air Act are exempt 
from the requirement to apply for and obtain a title V operating permit, 
on the condition that the owner or operator of each such source must 
apply for and obtain an operating permit under an EPA approved alternate 
program that meets the requirements of paragraph (b) of this section and 
subject to the provisions of paragraphs (c) through (e) of this section. 
The owner or operator of each such source shall apply for and obtain a 
permit under the alternate operating permit program by the deadlines set 
forth in the approved program, but in any event shall obtain a permit no 
later than January 13, 2003. If the owner or operator of any source has 
not obtained an operating permit under an alternate operating program 
approved by EPA for Guam by January 13, 2003, the exemption for such 
source shall expire and the owner or operator of such source shall 
become subject to the permitting requirements of 40 CFR part 71 on that 
date, consistent with paragraph (d)(4) of this section.
    (3) Upon EPA approval of an alternate operating permit program 
adopted by Guam in accordance with this Sec. 69.13, a person shall not 
violate any permit condition or term in a permit that has been issued 
under such alternate permit program.
    (4) This exemption does not apply to owners or operators of major 
sources of hazardous air pollutants (HAPs) as defined under section 112 
of the Clean Air Act or to owners or operators of solid waste 
incinerators subject to the title

[[Page 200]]

V requirements of section 129(e) of the Act. Owners or operators of 
major sources of HAPs or solid waste incinerators shall be subject to 
the requirements of 40 CFR part 71 and shall apply for and obtain a part 
71 permit by the deadlines specified in 40 CFR part 71. Any owner or 
operator of a major source of HAPs subject to 40 CFR part 63, subpart B, 
shall submit a timely part 71 permit application as required by 40 CFR 
part 71 and 40 CFR part 63, subpart B, requesting a case-by-case section 
112(g) or 112(j) Maximum Achievable Control Technology (MACT) 
determination.
    (b) Requirements for the alternate operating program. Guam shall 
develop and submit an alternate operating permit program (the program) 
to EPA for approval. Upon approval by EPA, Guam shall implement the 
program. The program, including the necessary statutory and regulatory 
authority, must be submitted by January 13, 1999 for approval. The 
submittal shall include the following elements:
    (1) The program must contain regulations that ensure that:
    (i) The permits shall include emission limits and standards, and 
other terms or conditions necessary to ensure compliance with all 
applicable federal requirements, as defined under 40 CFR 70.2.
    (ii) The limitations, controls, and requirements in the permits 
shall be permanent, quantifiable, and otherwise enforceable as a 
practical matter.
    (iii) Permits shall contain monitoring, recordkeeping and reporting 
requirements sufficient to ensure compliance with applicable federal 
requirements during the reporting period.
    (iv) The program shall require that the owner or operator of each 
source submit permit applications with compliance certifications 
describing the source's compliance status with all applicable 
requirements. The program shall also provide that each permit contain a 
requirement that the owner or operator of a source submit annual 
compliance certifications. The compliance certification shall contain a 
compliance plan, and shall contain a schedule for expeditiously 
achieving compliance if the source is not in compliance with all 
applicable requirements. The program must provide that approval of a 
permit with a compliance plan and schedule does not sanction 
noncompliance.
    (v) If the program chooses to accept electronic documents it must 
satisfy the requirements of 40 CFR part 3--(Electronic reporting).
    (2) The program shall provide for the collection of fees from 
permitted sources or other revenues in an amount that will pay for the 
cost of operation of such a program and ensure that these funds are used 
solely to support the program.
    (3) The program shall provide for public notice and a public comment 
period of at least 30 days for each permit, significant permit 
modification, and permit renewal, and shall include submittal to EPA of 
each permit, significant permit modification, and permit renewal.
    (4) The program shall provide EPA at least 45 days from receipt of a 
permit, modification, or renewal for EPA review and objection prior to 
issuance. The program shall provide that if EPA objects to a permit sent 
to EPA for review, Guam cannot issue such permit until the permit is 
revised in a manner that resolves EPA's objections. The program shall 
provide that Guam will have no more than 180 days to resolve EPA's 
objections and that if the objections are not resolved within that time 
period, EPA shall issue the permit under 40 CFR part 71.
    (5) The program shall provide that all documents other than 
confidential business information will be made available to the public.
    (6) The program shall provide Guam with the authority to enforce 
permits, including the authority to assess civil and criminal penalties 
up to $10,000 per day per violation and to enjoin activities that are in 
violation of the permit, the program, or the Act without first revoking 
the permit.
    (7) The program shall require that owners or operators of nonmajor 
sources of hazardous air pollutants that are required to obtain title V 
permits, and owners or operators of major sources of all other air 
pollutants as defined at 40 CFR 70.2 that are exempted from 40 CFR part 
71 under paragraph (a) of this section, obtain an operating

[[Page 201]]

permit under the approved program. The program shall include a schedule 
for issuing permits to all subject sources within three years of EPA 
approval of the program.
    (8) The program shall include a system of regular inspections of 
permitted sources, a system to identify any unpermitted major sources, 
and guidelines for appropriate responses to violations.
    (9) The program shall provide for the issuance of permits with a 
fixed term that shall not exceed five years.
    (10) The program shall allow Guam or the EPA to reopen a permit for 
cause. The program shall provide that if EPA provides Guam with written 
notice that a permit must be reopened for cause, Guam shall issue a 
revised permit within 180 days (including public notice and comment) 
that sufficiently addresses EPA's concerns. The program shall provide 
that if Guam fails to issue a permit that resolves EPA's concerns within 
180 days, then EPA will terminate, modify, or revoke and reissue the 
permit under part 71 after providing the permittee and the public with 
notice and opportunity for comment.
    (c) State Implementation Plan (SIP) submittal. In conjunction with 
the submittal of the alternative operating permit program, Guam shall, 
no later than January 13, 1999 submit a revision to its SIP that 
provides that a person shall not violate a permit condition or term in 
an operating permit that has been issued under an EPA approved alternate 
operating permit program adopted by Guam pursuant to the exemption 
authorized in this Sec. 69.13.
    (d) Expiration and revocation of the exemption. This exemption shall 
expire or may be revoked under the following circumstances:
    (1) If Guam fails to submit an alternate operating permit program by 
January 13, 1999, the exemption shall automatically expire with no 
further rulemaking and 40 CFR part 71 shall become effective for all 
subject sources in Guam on that date.
    (2) In the event that EPA disapproves Guam's alternate operating 
permit program because the program does not meet the requirements set 
forth in paragraph (b) of this section, EPA will revoke the exemption by 
rulemaking.
    (3) If, by January 13, 2003, the owner or operator of any subject 
source has not obtained a federally enforceable operating permit under 
an EPA approved program, the exemption shall automatically expire for 
such source and such source shall be subject to the permitting 
requirements of 40 CFR part 71. Guam will work with EPA to identify such 
sources prior to expiration of the exemption under this paragraph (d).
    (4) EPA shall revoke the exemption in its entirety through 
rulemaking if Guam does not adequately administer and enforce an 
alternate operating permit program approved by EPA.
    (5) EPA shall revoke the exemption by rulemaking with respect to the 
owner or operator of any source if, during the 45-day review period, EPA 
objects to issuance of a permit and Guam fails to resolve EPA's 
objections within 180 days. EPA shall also revoke the exemption by 
rulemaking for the owner or operator of any source in the event that EPA 
reopens a permit for cause and Guam does not issue a permit that 
resolves the concerns as set forth in EPA's notice to reopen within 180 
days.
    (6) EPA reserves its authority to revoke or modify this exemption in 
whole or in part.
    (e) Scope of the exemption. This exemption applies solely to the 
requirement that an owner or operator obtain an operating permit under 
title V of the Clean Air Act and the requirement that Guam implement a 
title V permit program. In addition, this exemption does not apply to 
owners or operators of sources set forth in paragraph (a)(4) of this 
section. Owners and operators of air pollutant sources are required to 
comply with all other applicable requirements of the Clean Air Act. For 
purposes of complying with any applicable requirement that is triggered 
or implemented by the approval of a title V permit program, the approval 
date for owners or operators to which this exemption applies shall be 
the date that EPA approves the alternate program for each territory or, 
for owners or operators of sources that are subject to 40 CFR part 71, 
the approval date

[[Page 202]]

shall be the effective date of 40 CFR part 71, which is July 31, 1996.
    (f) Final approval of alternate permit program.
    (1) The following sections of Guam's Air Pollution Control Standards 
and Regulations are granted final approval as Guam's alternate permit 
program:

    1101.1(a) Administrator
    1101.1(d) Air pollutant
    1101.1(e) Air pollution
    1101.1(i) Air pollution emission source
    1101.1(r) CFR
    1101.1(s) Clean Air Act
    1101.1(t) Commenced
    1101.1(v) Compliance Plan
    1101.1(aa) Emission
    1101.1(cc) Emissions unit
    1101.1(ii) Fugitive Emissions
    1101.1(jj) GEPA
    1101.1(kk) Hazardous air pollutant
    1101.1(xx) Owner or operator
    1101.1(zz) Permit
    1101.1(bbb) Person
    1101.1(eee) Potential to emit
    1101.1(iii) Regulated air pollutant
    1101.1(jjj) Responsible official
    1101.1(ooo) Source
    1101.1(uuu) USEPA
    1101.1(vvv) USEPA Administrator
    1102.3 Certification
    1102.7 Public Access to Information
    1102.9 Prompt Reporting of Deviations
    1104.1 Definitions
    (a) Administrative Permit Amendment
    (b) AP-42
    (c) Applicable requirement
    (d) Federal oversight source
    (e) Insignificant source
    (f) Insignificant sources--Type I
    (g) Insignificant sources--Type II
    (h) Major source
    (i) Minor source
    (j) Modification
    (k) Pollution prevention
    (l) Significant modification
    (m) Transition period
    1104.2 Applicability
    1104.3 General conditions for considering applications
    1104.4 Holding and transfer of permit
    1104.5(a) Cancellation of Air Pollution Control Permit
    1104.6 Air Pollution Control Permit Application
    1104.7 Duty to Supplement or Correct Permit Applications
    1104.8 Compliance Plan
    1104.9 Compliance Certification of Air Pollution Emission Sources
    1104.10 Transition Period and Deadlines to Submit First Applications
    1104.11 Permit Term
    1104.12 Permit Content
    1104.13 Inspections
    1104.14 Federally-Enforceable Permit Terms and Conditions
    1104.15 Transmission of Information to USEPA
    1104.16 USEPA Oversight
    1104.17 Emergency Provision
    1104.18 Permit Termination, Suspension, Reopening, and Amendment
    1104.19 Public Participation
    1104.20 Administrative Permit Amendment
    1104.21 General Fee Provisions
    1104.22 Air Pollution Control Special Fund
    1104.23 Application Fees for Air Pollution Emission Sources
    1104.24 Annual Fees for Air Pollution Emission Sources
    1104.25 Penalties and Remedies
    1106 Standards of Performance for Air Pollution Emission Sources
    (2) SIP Revision. Guam shall adopt, pursuant to required procedures, 
and submit to EPA a revision to Guam's SIP that provides that a person 
shall not violate a permit condition or term in an operating permit that 
has been issued under an EPA approved alternate operating permit program 
adopted by Guam pursuant the exemption authorized in this Sec. 69.13.

[61 FR 58289, Nov. 13, 1996; 61 FR 66077, Dec. 16, 1996, as amended at 
68 FR 1167, Jan. 9, 2003; 70 FR 59887, Oct. 13, 2005; 71 FR 9719, Feb. 
27, 2006]



                        Subpart B_American Samoa



Sec. 69.21  New exemptions. [Reserved]



Sec. 69.22  Title V conditional exemption.

    (a) Conditional exemption. In response to a petition submitted by 
the Governor of American Samoa (American Samoa) and pursuant to section 
325(a) of the Clean Air Act (Act), the Administrator of the United 
States EPA (EPA) grants the following conditional exemptions:

[[Page 203]]

    (1) American Samoa is exempted from the requirement to develop, 
submit for approval, and implement an operating permit program under 
title V of the Clean Air Act on the condition that American Samoa meets 
the requirements of paragraph (b) of this section and subject to the 
provisions of paragraphs (c) through (f) of this section.
    (2) Except for sources listed under paragraph (a)(4) of this 
section, owners or operators of sources located in American Samoa 
subject to the operating permit requirements of title V of the Clean Air 
Act are exempt from the requirement to apply for and obtain a title V 
operating permit, on the condition that the owner or operator of each 
such source must apply for and obtain an operating permit under an EPA 
approved alternate program that meets the requirements of paragraph (b) 
of this section and subject to the provisions of paragraphs (c) through 
(f) of this section. The owner or operator of each such source shall 
apply for and obtain a permit under the alternate operating permit 
program by the deadlines set forth in the approved program, but in any 
event shall obtain a permit no later than January 13, 2003. If the owner 
or operator of any source has not obtained an operating permit under an 
alternate operating program approved by EPA for American Samoa by 
January 13, 2003, the exemption for such source shall expire and the 
owner or operator of such source shall become subject to the permitting 
requirements of 40 CFR part 71 on that date, consistent with paragraph 
(e)(4) of this section.
    (3) Upon EPA approval of an alternate operating permit program 
adopted by American Samoa in accordance with this Sec. 69.22, a person 
shall not violate any permit condition or term in a permit that has been 
issued under such alternate permit program.
    (4) This exemption does not apply to owners or operators of major 
sources of hazardous air pollutants (HAPs) as defined under section 112 
of the Clean Air Act or to owners or operators of solid waste 
incinerators subject to the title V requirements of section 129(e) of 
the Act. Owners or operators of major sources of HAPs or solid waste 
incinerators shall be subject to the requirements of 40 CFR part 71 and 
shall apply for and obtain a part 71 permit by the deadlines specified 
in 40 CFR part 71. Any owner or operator of a major source of HAPs 
subject to 40 CFR part 63, subpart B, shall submit a timely part 71 
permit application as required by 40 CFR part 71 and 40 CFR part 63, 
subpart B, requesting a case-by-case 112(g) or 112(j) Maximum Achievable 
Control Technology (MACT) determination.
    (b) Requirements for the alternate operating program. American Samoa 
shall develop and submit an alternate operating permit program (the 
program) to EPA for approval. Upon approval by EPA, American Samoa shall 
implement the program. The program, including the necessary statutory 
and regulatory authority, must be submitted by January 13, 1999 for 
approval. The submittal shall include the following elements:
    (1) The program must contain regulations that ensure that:
    (i) The permits shall include emission limits and standards, and 
other terms or conditions necessary to ensure compliance with all 
applicable federal requirements, as defined under 40 CFR 70.2.
    (ii) The limitations, controls, and requirements in the permits 
shall be permanent, quantifiable, and otherwise enforceable as a 
practical matter.
    (iii) Permits shall contain monitoring, recordkeeping and reporting 
requirements sufficient to ensure compliance with applicable federal 
requirements during the reporting period.
    (iv) The program shall require that the owner or operator of each 
source submit permit applications with compliance certifications 
describing the source's compliance status with all applicable 
requirements. The program shall also provide that each permit contain a 
requirement that the owner or operator of a source submit annual 
compliance certifications. The compliance certification shall contain a 
compliance plan, and shall contain a schedule for expeditiously 
achieving compliance if the source is not in compliance with all 
applicable requirements. The program must provide that approval of a 
permit with a compliance plan and

[[Page 204]]

schedule does not sanction noncompliance.
    (v) If the program chooses to accept electronic documents it must 
satisfy the requirements of 40 CFR part 3--(Electronic reporting).
    (2) The program shall provide for the collection of fees from 
permitted sources or other revenues in an amount that will pay for the 
cost of operation of such a program and ensure that these funds are used 
solely to support the program.
    (3) The program shall provide for public notice and a public comment 
period of at least 30 days for each permit, significant permit 
modification, and permit renewal, and shall include submittal to EPA of 
each permit, significant permit modification, and permit renewal.
    (4) The program shall provide EPA at least 45 days from receipt of a 
permit, modification, or renewal for EPA review and objection prior to 
issuance. The program shall provide that if EPA objects to a permit sent 
to EPA for review, American Samoa cannot issue such permit until the 
permit is revised in a manner that resolves EPA's objections. The 
program will provide that American Samoa will have no more than 180 days 
to resolve EPA's objections and that if the objections are not resolved 
within that time period, EPA shall issue the permit under 40 CFR part 
71.
    (5) The program shall provide that all documents other than 
confidential business information will be made available to the public.
    (6) The program shall provide American Samoa with the authority to 
enforce permits, including the authority to assess civil and criminal 
penalties up to $10,000 per day per violation and to enjoin activities 
that are in violation of the permit, the program, or the Act without 
first revoking the permit.
    (7) The program shall require that owners or operators of nonmajor 
sources of hazardous air pollutants that are required to obtain title V 
permits, and owners or operators of major sources of all other air 
pollutants as defined in 40 CFR 70.2 that are exempted from 40 CFR part 
71 under paragraph (a) of this section, obtain an operating permit under 
the approved program. The program shall include a schedule for issuing 
permits to all subject sources within three years of EPA approval of the 
program.
    (8) The program shall include a system of regular inspections of 
permitted sources, a system to identify any unpermitted major sources, 
and guidelines for appropriate responses to violations.
    (9) The program shall provide for the issuance of permits with a 
fixed term that shall not exceed five years.
    (10) The program shall allow American Samoa or the EPA to reopen a 
permit for cause. The program shall provide that if EPA provides 
American Samoa with written notice that a permit must be reopened for 
cause, American Samoa shall issue a revised permit within 180 days 
(including public notice and comment) that sufficiently addresses EPA's 
concerns. The program shall provide that if American Samoa fails to 
issue a permit that resolves EPA's concerns within 180 days, then EPA 
will terminate, modify, or revoke and reissue the permit under part 71 
after providing the permittee and the public with notice and opportunity 
for comment.
    (c) Ambient air quality program. American Samoa shall implement the 
following program to address the National Ambient Air Quality Standards 
(NAAQS) as a condition of the waiver:
    (1) American Samoa shall collect complete meteorological data and 
complete refined air quality modeling for the Pago Pago Harbor and 
submit such data and modeling results to EPA by January 13, 1999.
    (2) American Samoa shall address any NAAQS exceedances demonstrated 
through the modeling results with revisions to its SIP that shall be 
submitted by January 13, 2000. The plan shall ensure compliance with the 
NAAQS is achieved by January 14, 2002.
    (d) State Implementation Plan (SIP) submittal. In conjunction with 
the submittal of the alternative operating permit program, American 
Samoa shall, no later than January 13, 1999, submit a revision to its 
SIP that provides that a person shall not violate a permit condition or 
term in an operating permit

[[Page 205]]

that has been issued under an EPA approved alternate operating permit 
program adopted by American Samoa pursuant to the exemption authorized 
in this Sec. 69.22.
    (e) Expiration and revocation of the exemption. This exemption shall 
expire or may be revoked under the following circumstances:
    (1) If American Samoa fails to submit the required alternate 
operating permit program or modeling (and supporting data) by March 15, 
1999, the exemption shall automatically expire with no further 
rulemaking and 40 CFR part 71 shall become effective for all subject 
sources in American Samoa on that date. The exemption will also expire 
with no further rulemaking in the event that American Samoa fails to 
submit a SIP revision by January 13, 2000, consistent with paragraph 
(c)(2) of this section.
    (2) In the event that EPA disapproves American Samoa's alternate 
operating permit program because the program does not meet the 
requirements set forth in paragraph (b) of this section, EPA will revoke 
the exemption by rulemaking.
    (3) If, by March 14, 2003, the owner or operator of any subject 
source has not obtained a federally enforceable operating permit under 
an EPA approved program, the exemption shall automatically expire for 
such source and such source shall be subject to the permitting 
requirements of 40 CFR part 71. American Samoa will work with EPA to 
identify such sources prior to expiration of the exemption under this 
paragraph (d).
    (4) EPA shall revoke the exemption in its entirety through 
rulemaking if American Samoa does not adequately administer and enforce 
an alternate operating permit program approved by EPA.
    (5) EPA shall revoke the exemption by rulemaking with respect to the 
owner or operator of any source if, during the 45-day review period, EPA 
objects to issuance of a permit and American Samoa fails to resolve 
EPA's objections within 180 days. EPA shall also revoke the exemption by 
rulemaking for the owner or operator of any source in the event that EPA 
reopens a permit for cause and American Samoa does not issue a permit 
that resolves the concerns as set forth in EPA's notice to reopen within 
180 days.
    (6) EPA reserves its authority to revoke or modify this exemption in 
whole or in part.
    (f) Scope of the exemption. This exemption applies solely to the 
requirement that an owner or operator obtain an operating permit under 
title V of the Clean Air Act and the requirement that American Samoa 
implement a title V permit program. In addition, this exemption does not 
apply to owners or operators of sources set forth in paragraph (a)(4) of 
this section. Owners and operators of air pollutant sources are required 
to comply with all other applicable requirements of the Clean Air Act. 
For purposes of complying with any applicable requirement that is 
triggered or implemented by the approval of a title V permit program, 
the approval date for owners or operators to which this exemption 
applies shall be the date that EPA approves the alternate program for 
each territory or, for owners or operators of sources that are subject 
to 40 CFR part 71, the approval date shall be the effective date of 40 
CFR part 71, which is July 31, 1996.

[61 FR 58291, Nov. 13, 1996; 61 FR 66077, Dec. 16, 1996, as amended at 
70 FR 59887, Oct. 13, 2005]



         Subpart C_Commonwealth of the Northern Mariana Islands



Sec. 69.31  New exemptions. [Reserved]



Sec. 69.32  Title V conditional exemption.

    (a) Conditional exemption. In response to a petition submitted by 
the Governor of The Commonwealth of the Northern Mariana Islands (CNMI) 
and pursuant to section 325(a) of the Clean Air Act (Act), the 
Administrator of the United States EPA (EPA) grants the following 
conditional exemptions:
    (1) CNMI is exempted from the requirement to develop, submit for 
approval, and implement an operating permit program under title V of the 
Clean Air Act on the condition that CNMI meets the requirements of 
paragraph (b) of this section and subject to the provisions of 
paragraphs (c) through (f) of this section.

[[Page 206]]

    (2) Except for sources listed under paragraph (a)(4) of this 
section, owners or operators of sources located in CNMI subject to the 
operating permit requirements of title V of the Clean Air Act are exempt 
from the requirement to apply for and obtain a title V operating permit, 
on the condition that the owner or operator of each such source must 
apply for and obtain an operating permit under an EPA approved alternate 
program that meets the requirements of paragraph (b) of this section and 
subject to the provisions of paragraphs (c) through (f) of this section. 
The owner or operator of each such source shall apply for and obtain a 
permit under the alternate operating permit program by the deadlines set 
forth in the approved program, but in any event shall obtain a permit no 
later than January 13, 2003. If the owner or operator of any source has 
not obtained an operating permit under an alternate operating program 
approved by EPA for CNMI by January 13, 2003, the exemption for such 
source shall expire and the owner or operator of such source shall 
become subject to the permitting requirements of 40 CFR part 71 on that 
date, consistent with paragraph (e)(3) of this section.
    (3) Upon EPA approval of an alternate operating permit program 
adopted by CNMI in accordance with this Sec. 69.32, a person shall not 
violate any permit condition or term in a permit that has been issued 
under such alternate permit program.
    (4) This exemption does not apply to owners or operators of major 
sources of hazardous air pollutants (HAPs) as defined under section 112 
of the Clean Air Act or to owners or operators of solid waste 
incinerators subject to the title V requirements of section 129(e) of 
the Act. Owners or operators of major sources of HAPs or solid waste 
incinerators shall be subject to the requirements of 40 CFR part 71 and 
shall apply for and obtain a part 71 permit by the deadlines specified 
in 40 CFR part 71. Any owner or operator of a major source of HAPs 
subject to 40 CFR part 63, subpart B, shall submit a timely part 71 
permit application as required by 40 CFR part 71 and 40 CFR part 63, 
subpart B, requesting a case-by-case section 112(g) or 112(j) Maximum 
Achievable Control Technology (MACT) determination.
    (b) Requirements for the alternate operating program. CNMI shall 
develop and submit an alternate operating permit program (the program) 
to EPA for approval. Upon approval by EPA, CNMI shall implement the 
program. The program, including the necessary statutory and regulatory 
authority, must be submitted by January 13, 1999 for approval. The 
submittal shall include the following elements:
    (1) The program must contain regulations that ensure that:
    (i) The permits shall include emission limits and standards, and 
other terms or conditions necessary to ensure compliance with all 
applicable federal requirements, as defined under 40 CFR 70.2.
    (ii) The limitations, controls, and requirements in the permits 
shall be permanent, quantifiable, and otherwise enforceable as a 
practical matter.
    (iii) Permits shall contain monitoring, recordkeeping and reporting 
requirements sufficient to ensure compliance with applicable federal 
requirements during the reporting period.
    (iv) The program shall require that the owner or operator of each 
source submit permit applications with compliance certifications 
describing the source's compliance status with all applicable 
requirements. The program shall also provide that each permit contain a 
requirement that the owner or operator of a source submit annual 
compliance certifications. The compliance certification shall contain a 
compliance plan, and shall contain a schedule for expeditiously 
achieving compliance if the source is not in compliance with all 
applicable requirements. The program must provide that approval of a 
permit with a compliance plan and schedule does not sanction 
noncompliance.
    (v) If the program chooses to accept electronic documents it must 
satisfy the requirements of 40 CFR part 3--(Electronic reporting).
    (2) The program shall provide for the collection of fees from 
permitted sources or other revenues in an amount that will pay for the 
cost of operation of such a program and ensure that

[[Page 207]]

these funds are used solely to support the program.
    (3) The program shall provide for public notice and a public comment 
period of at least 30 days for each permit, significant permit 
modification, and permit renewal, and shall include submittal to EPA of 
each permit, significant permit modification, and permit renewal.
    (4) The program shall provide EPA at least 45 days from receipt of a 
permit, modification, or renewal for EPA review and objection prior to 
issuance. The program shall provide that if EPA objects to a permit sent 
to EPA for review, CNMI cannot issue such permit until the permit is 
revised in a manner that resolves EPA's objections. The program will 
provide that CNMI will have no more than 180 days to resolve EPA's 
objections and that if the objections are not resolved within that time 
period, EPA shall issue the permit under 40 CFR part 71.
    (5) The program shall provide that all documents other than 
confidential business information will be made available to the public.
    (6) The program shall provide CNMI with the authority to enforce 
permits, including the authority to assess civil and criminal penalties 
up to $10,000 per day per violation and to enjoin activities that are in 
violation of the permit, the program, or the Act without first revoking 
the permit.
    (7) The program shall require that owners or operators of nonmajor 
sources of hazardous air pollutants that are required to obtain title V 
permits, and owners or operators of major sources of all other air 
pollutants as defined at 40 CFR 70.2 that are exempted from 40 CFR part 
71 under paragraph (a) of this section, obtain an operating permit under 
the approved program. The program shall include a schedule for issuing 
permits to all subject sources within three years of EPA approval of the 
program.
    (8) The program shall include a system of regular inspections of 
permitted sources, a system to identify any unpermitted major sources, 
and guidelines for appropriate responses to violations.
    (9) The program shall provide for the issuance of permits with a 
fixed term that shall not exceed five years.
    (10) The program shall allow CNMI or the EPA to reopen a permit for 
cause. The program shall provide that if EPA provides CNMI with written 
notice that a permit must be reopened for cause, CNMI shall issue a 
revised permit within 180 days (including public notice and comment) 
that sufficiently addresses EPA's concerns. The program shall provide 
that if CNMI fails to issue a permit that resolves EPA's concerns within 
180 days, then EPA will terminate, modify, or revoke and reissue the 
permit under part 71 after providing the permittee and the public with 
notice and opportunity for comment.
    (c) Ambient air quality program. CNMI shall implement the following 
program to protect attainment of National Ambient Air Quality Standards 
(NAAQS) as a condition of the waiver:
    (1) CNMI shall enforce its January 19, 1987 Air Pollution Control 
(APC) regulations, including the requirement that all new or modified 
sources comply with the NAAQS and Prevention of Significant 
Deterioration (PSD) increments.
    (2) CNMI may conduct air emissions modeling, using EPA guidelines, 
for power plants located on Saipan to assess EPA's preliminary 
determination of non-compliance with the NAAQS for sulfur dioxide 
(SO2). CNMI shall complete and submit any additional modeling 
to EPA by January 13, 1998 to determine whether existing power plants 
cause or contribute to violation of the NAAQS and PSD increments in the 
APC regulations and 40 CFR 52.21.
    (3) If CNMI's additional modeling, based on EPA guidelines, predicts 
exceedances of the NAAQS for SO2, or if CNMI elects to accept 
EPA's preliminary determination that the NAAQS for SO2 have 
been exceeded, CNMI shall submit a revised SIP that ensures compliance 
with the NAAQS for SO2. CNMI shall submit the proposed 
revision to the SIP by January 13, 1998 or, if CNMI elects to conduct 
additional modeling, by January 13, 1999. CNMI shall take appropriate 
corrective actions through the SIP to demonstrate compliance with the 
NAAQS for SO2 by January 15, 2001.

[[Page 208]]

    (d) State Implementation Plan (SIP) submittal. In conjunction with 
the submittal of the alternative operating permit program, CNMI shall, 
no later than January 13, 1999 submit a revision to its SIP that 
provides that a person shall not violate a permit condition or term in 
an operating permit that has been issued under an EPA approved alternate 
operating permit program adopted by CNMI pursuant to the exemption 
authorized in this Sec. 69.32.
    (e) Expiration and revocation of the exemption. This exemption shall 
expire or may be revoked under the following circumstances:
    (1) If CNMI fails to submit the required alternate operating permit 
program or any required SIP revision by January 13, 1999, the exemption 
shall automatically expire with no further rulemaking and 40 CFR part 71 
shall become effective for all subject sources in CNMI on that date, 
consistent with paragraph (c)(3) of this section.
    (2) In the event that EPA disapproves CNMI's alternate operating 
permit program because the program does not meet the requirements set 
forth in paragraph (b) of this section, EPA will revoke the exemption by 
rulemaking.
    (3) If, by January 13, 2003, the owner or operator of any subject 
source has not obtained a federally enforceable operating permit under 
an EPA approved program, the exemption shall automatically expire for 
such source and such source shall be subject to the permitting 
requirements of 40 CFR part 71. CNMI will work with EPA to identify such 
sources prior to expiration of the exemption under this paragraph (e).
    (4) EPA shall revoke the exemption in its entirety through 
rulemaking if CNMI does not adequately administer and enforce an 
alternate operating permit program approved by EPA.
    (5) EPA shall revoke the exemption by rulemaking with respect to the 
owner or operator of any source if, during the 45-day review period, EPA 
objects to issuance of a permit and CNMI fails to resolve EPA's 
objections within 180 days. EPA shall also revoke the exemption by 
rulemaking for the owner or operator of any source in the event that EPA 
reopens a permit for cause and CNMI does not issue a permit that 
resolves the concerns as set forth in EPA's notice to reopen within 180 
days.
    (6) EPA reserves its authority to revoke or modify this exemption in 
whole or in part.
    (f) Scope of the exemption. This exemption applies solely to the 
requirement that an owner or operator obtain an operating permit under 
title V of the Clean Air Act and the requirement that CNMI implement a 
title V permit program. In addition, this exemption does not apply to 
owners or operators of sources set forth in paragraph (a)(4) of this 
section. Owners and operators of air pollutant sources are required to 
comply with all other applicable requirements of the Clean Air Act. For 
purposes of complying with any applicable requirement that is triggered 
or implemented by the approval of a title V permit program, the approval 
date for owners or operators to which this exemption applies shall be 
the date that EPA approves the alternate program for each territory or, 
for owners or operators of sources that are subject to 40 CFR part 71, 
the approval date shall be the effective date of 40 CFR part 71, which 
is July 31, 1996.

[61 FR 58292, Nov. 13, 1996; 61 FR 66077, Dec. 16, 1996, as amended at 
70 FR 59887, Oct. 13, 2005]



                    Subpart D_The U.S. Virgin Islands



Sec. 69.41  New exemptions.

    (a) Pursuant to section 325(a) of the Clean Air Act and a petition 
submitted by the Governor of the Virgin Islands, an exemption to section 
123 of the Clean Air Act is granted to the Hess Oil Virgin Islands 
Corporation (HOVIC) at the St. Croix refinery. Specifically, the 
exemption waives the prohibition on the implementation of an 
Intermittent Control Strategy (ICS) based upon atmospheric conditions in 
order to set emission limitations. The emission limitations shall depend 
upon the sulfur content in the residual oil burned at the refinery.
    (b) The protocol to be followed for the ICS shall be set forth in a 
Prevention of Significant Deterioration of Air Quality (PSD) permit 
issued to HOVIC; and shall include as a minimum, the conditions listed 
in paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of this section.

[[Page 209]]

    (1) HOVIC shall maintain a meteorological tower on its property for 
the purpose of the ICS which meets the required EPA QA/QC operating 
specifications. At a minimum, the wind direction data will be monitored, 
collected and reported as 1-hour averages, starting on the hour. If the 
average wind direction for a given hour is from within the designated 
sector, the wind will be deemed to have flowed from within the sector 
for that hour. Each ``day'' or ``block period'', for these purposes will 
start at midnight and end the following midnight.
    (2) HOVIC shall maintain SO2 ambient monitors and collect ambient 
SO2 concentration data for the purpose of implementing the ICS at nearby 
locations approved by EPA and specified in the PSD permit. The ambient 
monitors must follow the required EPA QA/QC operating specifications. At 
a minimum, the data will be collected according to EPA approved State 
and Local Ambient Monitoring Stations procedures found at 40 CFR 58.20, 
but will, for these purposes, be averaged by the hour, starting on the 
hour.
    (3) The switch to a lower sulfur fuel (0.5%) will take place when 
paragraphs (b)(3)(i) or (b)(3)(ii) of this section are met.
    (i) The winds blow from a 45 degree sector defined as 143 to 187 
degrees inclusive, where zero degrees is due north, for at least 6 
consecutive hours during a 24-hour block period or any 12 non-
consecutive hours during a 24 hour block period.
    (ii) One of HOVIC's ICS monitors measures an average ambient SO2 
concentration that is 75% of the 24-hour NAAQS during any rolling 24-
hour average. (75% of the 24-hour NAAQS = 274 ug/m3 or 0.105 ppm).
    (4) The switch back to the higher sulfur fuel (1.0%) may occur if 
the conditions in paragraphs (b)(4)(i), (b)(4)(ii), and (b)(4)(iii) of 
this section are met.
    (i) If the ICS was triggered by paragraph (b)(3)(i) of this section, 
the switch back may occur when the winds blow outside the sector listed 
in paragraph (b)(3)(i) of this section for at least 3 consecutive hours 
following the period during which the winds were blowing inside the 
sector.
    (ii) If the ICS was triggered by paragraph (b)(3)(ii) of this 
section, the switch back may occur after all of HOVIC's ICS ambient 
monitors measure a 24-hour average concentration which is less than 75% 
of the NAAQS for at least one 24-hour block period following any 
occurrence when the monitor measured the concentration which was 75% of 
the NAAQS.
    (iii) If the ICS was triggered by both paragraphs (b)(3)(i) and 
(b)(3)(ii) of this section, the switch back may occur when both of the 
conditions in paragraphs (b)(4)(i) and (b)(4)(ii) of this section are 
met.
    (c) The protocol may be modified by EPA to protect against 
exceedances of the sulfur dioxide NAAQS.
    (d) In the event that there is an exceedance of the NAAQS, HOVIC 
will report the exceedance to EPA and recommend corrective action as 
well as amendments to the protocol to ensure the protection of the 
NAAQS.
    (e) HOVIC must comply with all fuel switching requirements, 
contained in HOVIC's PSD permit.
    (f) This exemption shall take effect only in the event that a final 
PSD permit modification becomes effective.
    (g) The Administrator may terminate the exemption through rulemaking 
procedures upon determining that HOVIC's use of the ICS is causing or 
contributing to an exceedance of the NAAQS.
    (h) Pursuant to section 325(a) of the Clean Air Act (CAA) and a 
petition submitted by the Governor of United States Virgin Islands on 
July 21, 2003, (``2003 Petition''), the Administrator of EPA 
conditionally exempts Virgin Islands Water and Power Authority 
(``VIWAPA'') from certain CAA requirements.
    (1) A waiver of the requirement to obtain a PSD permit prior to 
construction is granted for the electric generating unit identified in 
the 2003 Petition as Unit 23, St. Krum Bay plant in St. Thomas with the 
following condition:
    (i) Unit 23 shall not operate until a final PSD permit is received 
by VIWAPA for this unit;
    (ii) Unit 23 shall not operate until it complies with all 
requirements of its

[[Page 210]]

PSD permit, including, if necessary, retrofitting with BACT;
    (iii) If Unit 23 operates either prior to the issuance of a final 
PSD permit or without BACT equipment, Unit 23 shall be deemed in 
violation of this waiver and the CAA beginning on the date of 
commencement of construction of the unit.
    (2) [Reserved]

[62 FR 61205, Nov. 14, 1997, as amended at 69 FR 10335, Mar. 5, 2004]



                            Subpart E_Alaska



Sec. 69.51  Motor vehicle diesel fuel.

    (a) Definitions. (1) Areas accessible by the Federal Aid Highway 
System are the geographical areas of Alaska designated by the State of 
Alaska as being accessible by the Federal Aid Highway System.
    (2) Areas not accessible by the Federal Aid Highway System are all 
other geographical areas of Alaska.
    (b) Diesel fuel that is designated for use only in Alaska and is 
used only in Alaska, is exempt from the sulfur standard of 40 CFR 
80.29(a)(1), the dye provisions of 40 CFR 80.29(a)(3) and (b) and the 
motor vehicle diesel fuel standards and dye provisions under 40 CFR 
80.520 and associated requirements until the implementation dates of 40 
CFR 80.500 for refiners and importers, until September 1, 2006 for all 
downstream parties other than retailers and wholesale purchaser-
consumers, and until October 15, 2006 for retailers and wholesale 
purchaser-consumers, provided that:
    (1) The fuel is segregated from nonexempt diesel fuel from the point 
of such designation;
    (2) On each occasion that any person transfers custody or title to 
the fuel, except when it is dispensed at a retail outlet or wholesale 
purchaser-consumer facility, the transferor must provide to the 
transferee a product transfer document stating: ``This diesel fuel is 
for use only in Alaska. It is exempt from the federal low sulfur 
standards applicable to highway diesel fuel and red dye requirements 
applicable to non-highway diesel fuel only if it is used in Alaska.''; 
and,
    (3) After June 1, 2006 and prior to the implementation dates 
specified above, diesel fuel represented by a downstream party as 
meeting the 500 ppm sulfur standard or the 15 ppm sulfur standard for 
highway diesel fuel shall be subject to and must meet such standard.
    (c) Beginning on the implementation dates specified in paragraph (b) 
of this section, motor vehicle diesel fuel that is designated for use in 
areas of Alaska accessible by the Federal Aid Highway System, or is used 
in areas of Alaska accessible by the Federal Aid Highway System, is 
subject to the applicable provisions of 40 CFR part 80, subpart I, 
except as provided under 40 CFR 69.52(c), (d), and (e) for commingled 
motor vehicle and non-motor vehicle diesel fuel.
    (d) From the implementation dates specified in paragraph (b) of this 
section, until the implementation dates specified in paragraph (e) of 
this section, motor vehicle diesel fuel that is designated for use in 
areas of Alaska not accessible by the Federal Aid Highway System, and is 
used in areas of Alaska not accessible by the Federal Aid Highway 
System, is exempt from the sulfur standard of 40 CFR 80.29(a)(1), the 
dye provisions of 40 CFR 80.29(a)(3) and (b), and the motor vehicle 
diesel fuel standards and dye provisions under 40 CFR 80.520 and 
associated requirements, provided that:
    (1) The exempt fuel is not used in model year 2007 and later highway 
vehicles and engines,
    (2) The exempt fuel is segregated from nonexempt highway diesel fuel 
from the point of such designation; and
    (3) On each occasion that any person transfers custody or title to 
the exempt fuel, except when it is dispensed at a retail outlet or 
wholesale purchaser-consumer facility, the transferor must provide to 
the transferee a product transfer document stating: ``This fuel is for 
use only in those areas of Alaska not accessible by the FAHS.''
    (4) The exempt fuel must meet the labeling requirements under Sec. 
80.570, except the following language shall be substituted for the 
language on the labels:

[[Page 211]]

      ``HIGH SULFUR DIESEL FUEL (may be greater than 15 Sulfur ppm)

                                 WARNING

Federal Law prohibits use in model year 2007 and later highway diesel 
vehicles and engines. Its use may damage these vehicles and engines.''

    (e) Beginning on the following implementation dates, motor vehicle 
diesel fuel that is designated for use in areas of Alaska not accessible 
by the Federal Aid Highway System, or is used in areas of Alaska not 
accessible by the Federal Aid Highway System, is subject to the 
applicable provisions of 40 CFR part 80, subpart I, except as provided 
under 40 CFR 69.52(c), (d), and (e) for commingled motor vehicle and 
non-motor vehicle diesel fuel:
    (1) June 1, 2010 for diesel fuel produced or imported by any refiner 
or importer;
    (2) August 1, 2010 at all downstream locations, except at retail 
outlets and wholesale-purchaser consumers;
    (3) October 1, 2010 for:
    (i) Retail outlets and wholesale-purchaser consumers, or
    (ii) Downstream locations which include retail outlets and 
wholesale-purchaser consumers; and,
    (4) December 1, 2010 at all locations.

[71 FR 32462, June 6, 2006]



Sec. 69.52  Non-motor vehicle diesel fuel.

    (a) Definitions. (1) Areas accessible by the Federal Aid Highway 
System are the geographical areas of Alaska designated by the State of 
Alaska as being accessible by the Federal Aid Highway System.
    (2) Areas not accessible by the Federal Aid Highway System are all 
other geographical areas of Alaska.
    (3) Nonroad, locomotive, or marine diesel fuel (NRLM) has the 
meaning given in 40 CFR 80.2.
    (4) Heating oil has the meaning given in 40 CFR 80.2.
    (b) Applicability. NRLM diesel fuel and heating oil that are used or 
intended for use in areas of Alaska accessible by the Federal Aid 
Highway System are subject to the provisions of 40 CFR part 80, subpart 
I, except as provided in paragraphs (c), (d) and (e) of this section.
    (c) Dye and marker. (1) NRLM diesel fuel and heating oil referred to 
in paragraphs (b) and (g) of this section are exempt from the red dye 
requirements, and the presumptions associated with the red dye 
requirements, under 40 CFR 80.520(b)(2) and 80.510(d)(5), (e)(5), and 
(f)(5).
    (2) NRLM diesel fuel and heating oil referred to in paragraphs (b) 
and (g) of this section are exempt from the marker solvent yellow 124 
requirements, and the presumptions associated with the marker solvent 
yellow 124 requirements, under 40 CFR 80.510(d) through (f).
    (3) Exempt NRLM diesel fuel and heating oil must be segregated from 
all non-exempt NRLM diesel fuel and heating oil.
    (4) Exempt heating oil must be segregated from exempt NRLM diesel 
fuel unless it also meets the standards of 40 CFR 80.510 applicable to 
the NRLM diesel fuel.
    (5) Exempt NRLM diesel fuel and heating oil must be segregated from 
motor vehicle diesel fuel, unless it also meets the standards of 40 CFR 
80.520 applicable to the motor vehicle diesel fuel.
    (d) Product transfer documents. Product Transfer Documents for 
exempt NRLM diesel fuel and heating oil shall include the language 
specified in 40 CFR 80.590(a) applicable to undyed diesel fuel for the 
appropriate sulfur level, and the following additional language as 
applicable:
    (1) For exempt NRLM diesel fuel and heating oil, including 
commingled fuel under paragraph (c)(4) or (c)(5) of this section: 
``Exempt from red dye requirement applicable to diesel fuel for non-
highway purposes if it is used only in Alaska.''
    (2) For exempt heating oil, including commingled fuel under 
paragraph (c)(4) or (c)(5) of this section: ``Exempt from marker solvent 
yellow 124 requirement applicable to heating oil if it is used only in 
Alaska.''
    (3) For exempt 500 ppm sulfur LM diesel fuel, including commingled 
fuel under paragraph (c)(4) or (c)(5) of this section: ``Exempt from 
marker solvent yellow 124 requirement applicable to 500 ppm sulfur LM 
diesel fuel if it is used only in Alaska.''

[[Page 212]]

    (e) Pump labels. (1) Pump labels for exempt NRLM diesel fuel and 
heating oil shall contain the language specified in 40 CFR 80.570 
through 80.574 for the applicable fuel type and time frame, unless the 
fuel is commingled under paragraph (c)(4) or (c)(5) of this section.
    (2) Pump labels for exempt NRLM diesel fuel and heating oil that are 
commingled shall contain the language specified in 40 CFR 80.570 through 
80.574 for NRLM diesel fuel and the applicable time frame.
    (3) Pump labels for exempt NRLM diesel fuel and heating oil that are 
commingled with motor vehicle diesel fuel shall contain the following 
language for the applicable sulfur level and time frame:
    (i) 500 ppm sulfur diesel fuel. From June 1, 2006 through September 
30, 2010.

             LOW SULFUR DIESEL FUEL (500 ppm Sulfur Maximum)

                                 WARNING

    Federal Law prohibits use in model year 2007 and later highway 
diesel vehicles and engines
    Its use may damage these vehicles and engines.
    For use in all other diesel vehicles and engines.

    (ii) 15 ppm sulfur diesel fuel. From June 1, 2006 through May 31, 
2010.

          ULTRA-LOW SULFUR DIESEL FUEL (15 ppm Sulfur Maximum)

    Required for model year 2007 and later highway diesel vehicles and 
engines.
    Recommended for use in all diesel vehicles and engines.

    (iii) 15 ppm sulfur diesel fuel. From June 1, 2010, and beyond,

          ULTRA-LOW SULFUR DIESEL FUEL (15 ppm Sulfur Maximum)

    Required for use in all highway and nonroad diesel engines
    Recommended for use in all diesel vehicles and engines.

    (f) Non-motor vehicle diesel fuel and heating oil that is intended 
for use and used only in areas of Alaska not accessible by the Federal 
Aid Highway System, are excluded from the applicable provisions of 40 
CFR part 80, subpart I and 40 CFR part 60, subpart IIII until the 
implementation dates specified in paragraph (g) of this section, except 
that:
    (1) All model year 2011 and later nonroad and stationary diesel 
engines and equipment must be fueled only with diesel fuel that meets 
the specifications for NR fuel in 40 CFR 80.510(b) or (c);
    (2) The following language shall be added to any product transfer 
document: ``This fuel is for use only in those areas of Alaska not 
accessible by the FAHS;'' and
    (3) Pump labels for such fuel that does not meet the specifications 
of 40 CFR 80.510(b) or 80.510(c) shall contain the following language:

      ``HIGH SULFUR DIESEL FUEL (may be greater than 15 Sulfur ppm)

                                 WARNING

Federal Law prohibits use in model year 2007 and later highway diesel 
vehicles and engines, or in model year 2011 and later nonroad and 
stationary diesel engines and equipment. Its use may damage these 
vehicles and engines.''

    (g) NRLM and stationary engine standards. (1) Beginning on the 
following implementation dates, NRLM diesel fuel that is used or 
intended for use in areas of Alaska not accessible by the Federal Aid 
Highway System is subject to the provisions of 40 CFR part 80, subpart 
I, except as provided in paragraphs (c), (d), (e), and (g)(2) of this 
section:
    (i) June 1, 2010 or diesel fuel produced or imported by any refiner 
or importer,
    (ii) August 1, 2010 at all downstream locations, except at retail 
facilities and wholesale-purchaser consumers,
    (iii) October 1, 2010 at retail facilities and wholesale-purchaser 
consumers, and
    (iv) December 1, 2010 at all locations.
    (2) The per-gallon sulfur content standard for all LM diesel fuel 
shall be 15 ppm maximum.
    (3) Diesel fuel used in new stationary internal combustion engines 
regulated under 40 CFR part 60 shall be subject to the fuel-related 
provisions of that subpart beginning December 1, 2010.
    (h) Alternative labels to those specified in paragraphs (e)(3) and 
(f)(2) of

[[Page 213]]

this section may be used as approved by EPA.

[69 FR 39165, June 29, 2004, as amended at 71 FR 32463, June 6, 2006]



PART 70_STATE OPERATING PERMIT PROGRAMS--Table of Contents




Sec.
70.1 Program overview.
70.2 Definitions.
70.3 Applicability.
70.4 State program submittals and transition.
70.5 Permit applications.
70.6 Permit content.
70.7 Permit issuance, renewal, reopenings, and revisions.
70.8 Permit review by EPA and affected States.
70.9 Fee determination and certification.
70.10 Federal oversight and sanctions.
70.11 Requirements for enforcement authority.

Appendix A to Part 70--Approval Status of State and Local Operating 
          Permits Programs

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

    Source: 57 FR 32295, July 21, 1992, unless otherwise noted.



Sec. 70.1  Program overview.

    (a) The regulations in this part provide for the establishment of 
comprehensive State air quality permitting systems consistent with the 
requirements of title V of the Clean Air Act (Act) (42 U.S.C. 7401, et 
seq.). These regulations define the minimum elements required by the Act 
for State operating permit programs and the corresponding standards and 
procedures by which the Administrator will approve, oversee, and 
withdraw approval of State operating permit programs.
    (b) All sources subject to these regulations shall have a permit to 
operate that assures compliance by the source with all applicable 
requirements. While title V does not impose substantive new 
requirements, it does require that fees be imposed on sources and that 
certain procedural measures be adopted especially with respect to 
compliance.
    (c) Nothing in this part shall prevent a State, or interstate 
permitting authority, from establishing additional or more stringent 
requirements not inconsistent with this Act. The EPA will approve State 
program submittals to the extent that they are not inconsistent with the 
Act and these regulations. No permit, however, can be less stringent 
than necessary to meet all applicable requirements. In the case of 
Federal intervention in the permit process, the Administrator reserves 
the right to implement the State operating permit program, in whole or 
in part, or the Federal program contained in regulations promulgated 
under title V of the Act.
    (d) The requirements of part 70, including provisions regarding 
schedules for submission and approval or disapproval of permit 
applications, shall apply to the permitting of affected sources under 
the acid rain program, except as provided herein or modified in 
regulations promulgated under title IV of the Act (acid rain program).
    (e) Issuance of State permits under this part may be coordinated 
with issuance of permits under the Resource Conservation and Recovery 
Act and under the Clean Water Act, whether issued by the State, the U.S. 
Environmental Protection Agency (EPA), or the U.S. Army Corps of 
Engineers.
    (f) States that choose to receive electronic documents must satisfy 
the requirements of 40 CFR Part 3--(Electronic reporting) in their 
program.

[57 FR 32295, July 21, 1992, as amended at 70 FR 59887, Oct. 13, 2005]



Sec. 70.2  Definitions.

    The following definitions apply to part 70. Except as specifically 
provided in this section, terms used in this part retain the meaning 
accorded them under the applicable requirements of the Act.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
    Affected source shall have the meaning given to it in the 
regulations promulgated under title IV of the Act.
    Affected States are all States:
    (1) Whose air quality may be affected and that are contiguous to the 
State in which a part 70 permit, permit modification or permit renewal 
is being proposed; or
    (2) That are within 50 miles of the permitted source.

[[Page 214]]

    Affected unit shall have the meaning given to it in the regulations 
promulgated under title IV of the Act.
    Applicable requirement means all of the following as they apply to 
emissions units in a part 70 source (including requirements that have 
been promulgated or approved by EPA through rulemaking at the time of 
issuance but have future-effective compliance dates):
    (1) Any standard or other requirement provided for in the applicable 
implementation plan approved or promulgated by EPA through rulemaking 
under title I of the Act that implements the relevant requirements of 
the Act, including any revisions to that plan promulgated in part 52 of 
this chapter;
    (2) Any term or condition of any preconstruction permits issued 
pursuant to regulations approved or promulgated through rulemaking under 
title I, including parts C or D, of the Act;
    (3) Any standard or other requirement under section 111 of the Act, 
including section 111(d);
    (4) Any standard or other requirement under section 112 of the Act, 
including any requirement concerning accident prevention under section 
112(r)(7) of the Act;
    (5) Any standard or other requirement of the acid rain program under 
title IV of the Act or the regulations promulgated thereunder;
    (6) Any requirements established pursuant to section 504(b) or 
section 114(a)(3) of the Act;
    (7) Any standard or other requirement under section 126(a)(1) and 
(c) of the Act;
    (8) Any standard or other requirement governing solid waste 
incineration, under section 129 of the Act;
    (9) Any standard or other requirement for consumer and commercial 
products, under section 183(e) of the Act;
    (10) Any standard or other requirement for tank vessels under 
section 183(f) of the Act;
    (11) Any standard or other requirement of the program to control air 
pollution from outer continental shelf sources, under section 328 of the 
Act;
    (12) Any standard or other requirement of the regulations 
promulgated to protect stratospheric ozone under title VI of the Act, 
unless the Administrator has determined that such requirements need not 
be contained in a title V permit; and
    (13) Any national ambient air quality standard or increment or 
visibility requirement under part C of title I of the Act, but only as 
it would apply to temporary sources permitted pursuant to section 504(e) 
of the Act.
    Designated representative shall have the meaning given to it in 
section 402(26) of the Act and the regulations promulgated thereunder.
    Draft permit means the version of a permit for which the permitting 
authority offers public participation under Sec. 70.7(h) or affected 
State review under Sec. 70.8 of this part.
    Emissions allowable under the permit means a federally enforceable 
permit term or condition determined at issuance to be required by an 
applicable requirement that establishes an emissions limit (including a 
work practice standard) or a federally enforceable emissions cap that 
the source has assumed to avoid an applicable requirement to which the 
source would otherwise be subject.
    Emissions unit means any part or activity of a stationary source 
that emits or has the potential to emit any regulated air pollutant or 
any pollutant listed under section 112(b) of the Act. This term is not 
meant to alter or affect the definition of the term ``unit'' for 
purposes of title IV of the Act.
    The EPA or the Administrator means the Administrator of the EPA or 
his designee.
    Final permit means the version of a part 70 permit issued by the 
permitting authority that has completed all review procedures required 
by Sec. Sec. 70.7 and 70.8 of this part.
    Fugitive emissions are those emissions which could not reasonably 
pass through a stack, chimney, vent, or other functionally-equivalent 
opening.
    General permit means a part 70 permit that meets the requirements of 
Sec. 70.6(d).
    Major source means any stationary source (or any group of stationary 
sources that are located on one or more contiguous or adjacent 
properties, and are under common control of the same

[[Page 215]]

person (or persons under common control)) belonging to a single major 
industrial grouping and that are described in paragraph (1), (2), or (3) 
of this definition. For the purposes of defining ``major source,'' a 
stationary source or group of stationary sources shall be considered 
part of a single industrial grouping if all of the pollutant emitting 
activities at such source or group of sources on contiguous or adjacent 
properties belong to the same Major Group (i.e., all have the same two-
digit code) as described in the Standard Industrial Classification 
Manual, 1987.
    (1) A major source under section 112 of the Act, which is defined 
as:
    (i) For pollutants other than radionuclides, any stationary source 
or group of stationary sources located within a contiguous area and 
under common control that emits or has the potential to emit, in the 
aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant 
which has been listed pursuant to section 112(b) of the Act, 25 tpy or 
more of any combination of such hazardous air pollutants, or such lesser 
quantity as the Administrator may establish by rule. Notwithstanding the 
preceding sentence, emissions from any oil or gas exploration or 
production well (with its associated equipment) and emissions from any 
pipeline compressor or pump station shall not be aggregated with 
emissions from other similar units, whether or not such units are in a 
contiguous area or under common control, to determine whether such units 
or stations are major sources; or
    (ii) For radionuclides, ``major source'' shall have the meaning 
specified by the Administrator by rule.
    (2) A major stationary source of air pollutants, as defined in 
section 302 of the Act, that directly emits or has the potential to 
emit, 100 tpy or more of any air pollutant (including any major source 
of fugitive emissions of any such pollutant, as determined by rule by 
the Administrator). The fugitive emissions of a stationary source shall 
not be considered in determining whether it is a major stationary source 
for the purposes of section 302(j) of the Act, unless the source belongs 
to one of the following categories of stationary source:
    (i) Coal cleaning plants (with thermal dryers);
    (ii) Kraft pulp mills;
    (iii) Portland cement plants;
    (iv) Primary zinc smelters;
    (v) Iron and steel mills;
    (vi) Primary aluminum ore reduction plants;
    (vii) Primary copper smelters;
    (viii) Municipal incinerators capable of charging more than 250 tons 
of refuse per day;
    (ix) Hydrofluoric, sulfuric, or nitric acid plants;
    (x) Petroleum refineries;
    (xi) Lime plants;
    (xii) Phosphate rock processing plants;
    (xiii) Coke oven batteries;
    (xiv) Sulfur recovery plants;
    (xv) Carbon black plants (furnace process);
    (xvi) Primary lead smelters;
    (xvii) Fuel conversion plants;
    (xviii) Sintering plants;
    (xix) Secondary metal production plants;
    (xx) Chemical process plants--The term chemical processing plant 
shall not include ethanol production facilities that produce ethanol by 
natural fermentation included in NAICS codes 325193 or 312140;
    (xxi) Fossil-fuel boilers (or combination thereof) totaling more 
than 250 million British thermal units per hour heat input;
    (xxii) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (xxiii) Taconite ore processing plants;
    (xxiv) Glass fiber processing plants;
    (xxv) Charcoal production plants;
    (xxvi) Fossil-fuel-fired steam electric plants of more than 250 
million British thermal units per hour heat input; or
    (xxvii) Any other stationary source category, which as of August 7, 
1980 is being regulated under section 111 or 112 of the Act.
    (3) A major stationary source as defined in part D of title I of the 
Act, including:
    (i) For ozone nonattainment areas, sources with the potential to 
emit 100

[[Page 216]]

tpy or more of volatile organic compounds or oxides of nitrogen in areas 
classified as ``marginal'' or ``moderate,'' 50 tpy or more in areas 
classified as ``serious,'' 25 tpy or more in areas classified as 
``severe,'' and 10 tpy or more in areas classified as ``extreme''; 
except that the references in this paragraph to 100, 50, 25 and 10 tpy 
of nitrogen oxides shall not apply with respect to any source for which 
the Administrator has made a finding, under section 182(f) (1) or (2) of 
the Act, that requirements under section 182(f) of the Act do not apply;
    (ii) For ozone transport regions established pursuant to section 184 
of the Act, sources with the potential to emit 50 tpy or more of 
volatile organic compounds;
    (iii) For carbon monoxide nonattainment areas:
    (A) That are classified as ``serious,'' and
    (B) in which stationary sources contribute significantly to carbon 
monoxide levels as determined under rules issued by the Administrator, 
sources with the potential to emit 50 tpy or more of carbon monoxide; 
and
    (iv) For particulate matter (PM-10) nonattainment areas classified 
as ``serious,'' sources with the potential to emit 70 tpy or more of PM-
10.
    Part 70 permit or permit (unless the context suggests otherwise) 
means any permit or group of permits covering a part 70 source that is 
issued, renewed, amended, or revised pursuant to this part.
    Part 70 program or State program means a program approved by the 
Administrator under this part.
    Part 70 source means any source subject to the permitting 
requirements of this part, as provided in Sec. Sec. 70.3(a) and 70.3(b) 
of this part.
    Permit modification means a revision to a part 70 permit that meets 
the requirements of Sec. 70.7(e) of this part.
    Permit program costs means all reasonable (direct and indirect) 
costs required to develop and administer a permit program, as set forth 
in Sec. 70.9(b) of this part (whether such costs are incurred by the 
permitting authority or other State or local agencies that do not issue 
permits directly, but that support permit issuance or administration).
    Permit revision means any permit modification or administrative 
permit amendment.
    Permitting authority means either of the following:
    (1) The Administrator, in the case of EPA-implemented programs; or
    (2) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under this part.
    Potential to emit means the maximum capacity of a stationary source 
to emit any air pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of a source to emit 
an air pollutant, including air pollution control equipment and 
restrictions on hours of operation or on the type or amount of material 
combusted, stored, or processed, shall be treated as part of its design 
if the limitation is enforceable by the Administrator. This term does 
not alter or affect the use of this term for any other purposes under 
the Act, or the term ``capacity factor'' as used in title IV of the Act 
or the regulations promulgated thereunder.
    Proposed permit means the version of a permit that the permitting 
authority proposes to issue and forwards to the Administrator for review 
in compliance with Sec. 70.8.
    Regulated air pollutant means the following:
    (1) Nitrogen oxides or any volatile organic compounds;
    (2) Any pollutant for which a national ambient air quality standard 
has been promulgated;
    (3) Any pollutant that is subject to any standard promulgated under 
section 111 of the Act;
    (4) Any Class I or II substance subject to a standard promulgated 
under or established by title VI of the Act; or
    (5) Any pollutant subject to a standard promulgated under section 
112 or other requirements established under section 112 of the Act, 
including sections 112(g), (j), and (r) of the Act, including the 
following:
    (i) Any pollutant subject to requirements under section 112(j) of 
the Act. If the Administrator fails to promulgate a standard by the date 
established pursuant to section 112(e) of the Act, any

[[Page 217]]

pollutant for which a subject source would be major shall be considered 
to be regulated on the date 18 months after the applicable date 
established pursuant to section 112(e) of the Act; and
    (ii) Any pollutant for which the requirements of section 112(g)(2) 
of the Act have been met, but only with respect to the individual source 
subject to section 112(g)(2) requirement.
    Regulated pollutant (for presumptive fee calculation), which is used 
only for purposes of Sec. 70.9(b)(2), means any ``regulated air 
pollutant'' except the following:
    (1) Carbon monoxide;
    (2) Any pollutant that is a regulated air pollutant solely because 
it is a Class I or II substance to a standard promulgated under or 
established by title VI of the Act; or
    (3) Any pollutant that is a regulated air pollutant solely because 
it is subject to a standard or regulation under section 112(r) of the 
Act.
    Renewal means the process by which a permit is reissued at the end 
of its term.
    Responsible official means one of the following:
    (1) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representatives is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected sources:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under title IV of the Act or the 
regulations promulgated thereunder are concerned; and
    (ii) The designated representative for any other purposes under part 
70.
    Section 502(b)(10) changes are changes that contravene an express 
permit term. Such changes do not include changes that would violate 
applicable requirements or contravene federally enforceable permit terms 
and conditions that are monitoring (including test methods), 
recordkeeping, reporting, or compliance certification requirements.
    State means any non-Federal permitting authority, including any 
local agency, interstate association, or statewide program. The term 
``State'' also includes the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. Where such meaning is 
clear from the context, ``State'' shall have its conventional meaning. 
For purposes of the acid rain program, the term ``State'' shall be 
limited to authorities within the 48 contiguous States and the District 
of Columbia as provided in section 402(14) of the Act.
    Stationary source means any building, structure, facility, or 
installation that emits or may emit any regulated air pollutant or any 
pollutant listed under section 112(b) of the Act.
    Whole program means a part 70 permit program, or any combination of 
partial programs, that meet all the requirements of these regulations 
and cover all the part 70 sources in the entire State. For the purposes 
of this definition, the term ``State'' does not include local permitting 
authorities, but refers only to the entire State, Commonwealth, or 
Territory.

[57 FR 32295, July 21, 1992, as amended at 66 FR 59166, Nov. 27, 2001; 
69 FR 31505, June 3, 2004; 72 FR 24078, May 1, 2007]

[[Page 218]]



Sec. 70.3  Applicability.

    (a) Part 70 sources. A State program with whole or partial approval 
under this part must provide for permitting of the following sources:
    (1) Any major source;
    (2) Any source, including an area source, subject to a standard, 
limitation, or other requirement under section 111 of the Act;
    (3) Any source, including an area source, subject to a standard or 
other requirement under section 112 of the Act, except that a source is 
not required to obtain a permit solely because it is subject to 
regulations or requirements under section 112(r) of this Act;
    (4) Any affected source; and
    (5) Any source in a source category designated by the Administrator 
pursuant to this section.
    (b) Source category exemptions. (1) All sources listed in paragraph 
(a) of this section that are not major sources, affected sources, or 
solid waste incineration units required to obtain a permit pursuant to 
section 129(e) of the Act, may be exempted by the State from the 
obligation to obtain a part 70 permit until such time as the 
Administrator completes a rulemaking to determine how the program should 
be structured for nonmajor sources and the appropriateness of any 
permanent exemptions in addition to those provided for in paragraph 
(b)(4) of this section.
    (2) In the case of nonmajor sources subject to a standard or other 
requirement under either section 111 or section 112 of the Act after 
July 21, 1992 publication, the Administrator will determine whether to 
exempt any or all such applicable sources from the requirement to obtain 
a part 70 permit at the time that the new standard is promulgated.
    (3) [Reserved]
    (4) The following source categories are exempted from the obligation 
to obtain a part 70 permit:
    (i) All sources and source categories that would be required to 
obtain a permit solely because they are subject to part 60, subpart 
AAA--Standards of Performance for New Residential Wood Heaters; and
    (ii) All sources and source categories that would be required to 
obtain a permit solely because they are subject to part 61, subpart M--
National Emission Standard for Hazardous Air Pollutants for Asbestos, 
Sec. 61.145, Standard for Demolition and Renovation.
    (c) Emissions units and part 70 sources. (1) For major sources, the 
permitting authority shall include in the permit all applicable 
requirements for all relevant emissions units in the major source.
    (2) For any nonmajor source subject to the part 70 program under 
paragraph (a) or (b) of this section, the permitting authority shall 
include in the permit all applicable requirements applicable to 
emissions units that cause the source to be subject to the part 70 
program.
    (d) Fugitive emissions. Fugitive emissions from a part 70 source 
shall be included in the permit application and the part 70 permit in 
the same manner as stack emissions, regardless of whether the source 
category in question is included in the list of sources contained in the 
definition of major source.

[57 FR 32295, July 21, 1992, as amended at 70 FR 75346, Dec. 19, 2005]



Sec. 70.4  State program submittals and transition.

    (a) Date for submittal. Not later than November 15, 1993, the 
Governor of each State shall submit to the Administrator for approval a 
proposed part 70 program, under State law or under an interstate 
compact, meeting the requirements of this part. If part 70 is 
subsequently revised such that the Administrator determines that it is 
necessary to require a change to an approved State program, the required 
revisions to the program shall be submitted within 12 months of the 
final changes to part 70 or within such other period as authorized by 
the Administrator.
    (b) Elements of the initial program submission. Any State that seeks 
to administer a program under this part shall submit to the 
Administrator a letter of submittal from the Governor or his designee 
requesting EPA approval of the program and at least three copies of a 
program submission. The submission shall contain the following:

[[Page 219]]

    (1) A complete program description describing how the State intends 
to carry out its responsibilities under this part.
    (2) The regulations that comprise the permitting program, reasonably 
available evidence of their procedurally correct adoption, (including 
any notice of public comment and any significant comments received on 
the proposed part 70 program as requested by the Administrator), and 
copies of all applicable State or local statutes and regulations 
including those governing State administrative procedures that either 
authorize the part 70 program or restrict its implementation. The State 
shall include with the regulations any criteria used to determine 
insignificant activities or emission levels for purposes of determining 
complete applications consistent with Sec. 70.5(c) of this part.
    (3) A legal opinion from the Attorney General for the State, or the 
attorney for those State, local, or interstate air pollution control 
agencies that have independent legal counsel, stating that the laws of 
the State, locality, or interstate compact provide adequate authority to 
carry out all aspects of the program. This statement shall include 
citations to the specific states, administrative regulations, and, where 
appropriate, judicial decisions that demonstrate adequate authority. 
State statutes and regulations cited by the State Attorney General or 
independent legal counsel shall be in the form of lawfully adopted State 
states and regulations at the time the statement is signed and shall be 
fully effective by the time the program is approved. To qualify as 
``independent legal counsel,'' the attorney signing the statement 
required by this section shall have full authority to independently 
represent the State agency in court on all matters pertaining to the 
State program. The legal opinion shall also include a demonstration of 
adequate legal authority to carry out the requirements of this part, 
including authority to carry out each of the following:
    (i) Issue permits and assure compliance with each applicable 
requirement and requirement of this part by all part 70 sources.
    (ii) Incorporate monitoring, recordkeeping, reporting, and 
compliance certification requirements into part 70 permits consistent 
with Sec. 70.6.
    (iii) Issue permits for a fixed term of 5 years in the case of 
permits with acid rain provisions and issue all other permits for a 
period not to exceed 5 years, except for permits issued for solid waste 
incineration units combusting municipal waste subject to standards under 
section 129(e) of the Act.
    (iv) Issue permits for solid waste incineration units combusting 
municipal waste subject to standards under section 129(e) of the Act for 
a period not to exceed 12 years and review such permits at least every 5 
years. No permit for a solid waste incineration unit may be issued by an 
agency, instrumentality or person that is also responsible, in whole or 
in part, for the design and construction or operation of the unit.
    (v) Incorporate into permits all applicable requirements and 
requirements of this part.
    (vi) Terminate, modify, or revoke and reissue permits for cause.
    (vii) Enforce permits, permit fee requirements, and the requirement 
to obtain a permit, as specified in Sec. 70.11.
    (viii) Make available to the public any permit application, 
compliance plan, permit, and monitoring and compliance, certification 
report pursuant to section 503(e) of the Act, except for information 
entitled to confidential treatment pursuant to section 114(c) of the 
Act. The contents of a part 70 permit shall not be entitled to 
protection under section 115(c) of the Act.
    (ix) Not issue a permit if the Administrator timely objects to its 
issuance pursuant to Sec. 70.8(c) of this part or, if the permit has 
not already been issued, to Sec. 70.8(d) of this part.
    (x) Provide an opportunity for judicial review in State court of the 
final permit action by the applicant, any person who participated in the 
public participation process provided pursuant to Sec. 70.7(h) of this 
part, and any other person who could obtain judicial review of such 
actions under State laws.
    (xi) Provide that, solely for the purposes of obtaining judicial 
review in

[[Page 220]]

State court for failure to take final action, final permit action shall 
include the failure of the permitting authority to take final action on 
an application for a permit, permit renewal, or permit revision within 
the time specified in the State program. If the State program allows 
sources to make changes subject to post hoc review [as set forth in 
Sec. Sec. 70.7(e)(2) and (3) of this part], the permitting authority's 
failure to take final action within 90 days of receipt of an application 
requesting minor permit modification procedures (or 180 days for 
modifications subject to group processing requirements) must be subject 
to judicial review in State court.
    (xii) Provide that the opportunity for judicial review described in 
paragraph (b)(3)(x) of this section shall be the exclusive means for 
obtaining judicial review of the terms and conditions of permits, and 
require that such petitions for judicial review must be filed no later 
than 90 days after the final permit action, or such shorter time as the 
State shall designate. Notwithstanding the preceding requirement, 
petitions for judicial review of final permit actions can be filed after 
the deadline designated by the State, only if they are based solely on 
grounds arising after the deadline for judicial review. Such petitions 
shall be filed no later than 90 days after the new grounds for review 
arise or such shorter time as the State shall designate. If the final 
permit action being challenged is the permitting authority's failure to 
take final action, a petition for judicial review may be filed any time 
before the permitting authority denies the permit or issues the final 
permit.
    (xiii) Ensure that the authority of the State/local permitting 
Agency is not used to modify the acid rain program requirements.
    (4) Relevant permitting program documentation not contained in the 
State regulations, including the following:
    (i) Copies of the permit form(s), application form(s), and reporting 
form(s) the State intends to employ in its program; and
    (ii) Relevant guidance issued by the State to assist in the 
implementation of its permitting program, including criteria for 
monitoring source compliance (e.g., inspection strategies).
    (5) A complete description of the State's compliance tracking and 
enforcement program or reference to any agreement the State has with EPA 
that provides this information.
    (6) A showing of adequate authority and procedures to determine 
within 60 days of receipt whether applications (including renewal 
applications) are complete, to request such other information as needed 
to process the application, and to take final action on complete 
applications within 18 months of the date of their submittal, except for 
initial permit applications, for which the permitting authority may take 
up to 3 years from the effective date of the program to take final 
action on the application, as provided for in the transition plan.
    (7) A demonstration, consistent with Sec. 70.9, that the permit 
fees required by the State program are sufficient to cover permit 
program costs.
    (8) A statement that adequate personnel and funding have been made 
available to develop, administer, and enforce the program. This 
statement shall include the following:
    (i) A description in narrative form of the scope, structure, 
coverage, and processes of the State program.
    (ii) A description of the organization and structure of the agency 
or agencies that will have responsibility for administering the program, 
including the information specified in this paragraph. If more than one 
agency is responsible for administration of a program, the 
responsibilities of each agency must be delineated, their procedures for 
coordination must be set forth, and an agency shall be designated as a 
``lead agency'' to facilitate communications between EPA and the other 
agencies having program responsibility.
    (iii) A description of the agency staff who will carry out the State 
program, including the number, occupation, and general duties of the 
employees. The State need not submit complete job descriptions for every 
employee carrying out the State program.
    (iv) A description of applicable State procedures, including 
permitting procedures and any State administrative or judicial review 
procedures.

[[Page 221]]

    (v) An estimate of the permit program costs for the first 4 years 
after approval, and a description of how the State plans to cover those 
costs.
    (9) A commitment from the State to submit, at least annually to the 
Administrator, information regarding the State's enforcement activities 
including, but not limited to, the number of criminal and civil, 
judicial and administrative enforcement actions either commenced or 
concluded; the penalties, fines, and sentences obtained in those 
actions; and the number of administrative orders issued.
    (10) A requirement under State law that, if a timely and complete 
application for a permit renewal is submitted, consistent with Sec. 
70.5(a)(2), but the State has failed to issue or deny the renewal permit 
before the end of the term of the previous permit, then:
    (i) The permit shall not expire until the renewal permit has been 
issued or denied and any permit shield that may be granted pursuant to 
Sec. 70.6(f) may extend beyond the original permit term until renewal; 
or
    (ii) All the terms and conditions of the permit including any permit 
shield that may be granted pursuant to Sec. 70.6(f) shall remain in 
effect until the renewal permit has been issued or denied.
    (11) A transition plan providing a schedule for submittal and final 
action on initial permit applications for all part 70 sources. This plan 
shall provide that:
    (i) Submittal of permit applications by all part 70 sources 
(including any sources subject to a partial or interim program) shall 
occur within 1 year after the effective date of the permit program;
    (ii) Final action shall be taken on at least one-third of such 
applications annually over a period not to exceed 3 years after such 
effective date;
    (iii) Any complete permit application containing an early reduction 
demonstration under section 112(i)(5) of the Act shall be acted on 
within 9 months of receipt of the complete application; and
    (iv) Submittal of permit applications and the permitting of affected 
sources shall occur in accordance with the deadlines in title IV of the 
Act and the regulations promulgated thereunder.
    (12) Provisions consistent with paragraphs (b)(12)(i) through (iii) 
of this section to allow changes within a permitted facility without 
requiring a permit revision, if the changes are not modifications under 
any provision of title I of the Act and the changes do not exceed the 
emissions allowable under the permit (whether expressed therein as a 
rate of emissions or in the terms of total emissions): Provided, That 
the facility provides the Administrator and the permitting authority 
with written notification as required below in advance of the proposed 
changes, which shall be a minimum of 7 days, unless the permitting 
authority provides in its regulations a different time frame for 
emergencies. The source, permitting authority, and EPA shall attach each 
such notice to their copy of the relevant permit. The following 
provisions implement this requirement of an approvable part 70 permit 
program:
    (i) The program shall allow permitted sources to make section 
502(b)(10) changes without requiring a permit revision, if the changes 
are not modifications under any provision of title I of the Act and the 
changes do not exceed the emissions allowable under the permit (whether 
expressed therein as a rate of emissions or in terms of total 
emissions).
    (A) For each such change, the written notification required above 
shall include a brief description of the change within the permitted 
facility, the date on which the change will occur, any change in 
emissions, and any permit term or condition that is no longer applicable 
as a result of the change.
    (B) The permit shield described in Sec. 70.6(f) of this part shall 
not apply to any change made pursuant to this paragraph (b)(12)(i) of 
this section.
    (ii) The program may provide for permitted sources to trade 
increases and decreases in emissions in the permitted facility, where 
the applicable implementation plan provides for such emissions trades 
without requiring a permit revision and based on the 7-day notice 
prescribed in this paragraph (b)(12)(ii)

[[Page 222]]

of this section. This provision is available in those cases where the 
permit does not already provide for such emissions trading.
    (A) Under this paragraph (b)(12)(ii) of this section, the written 
notification required above shall include such information as may be 
required by the provision in the applicable implementation plan 
authorizing the emissions trade, including at a minimum, when the 
proposed change will occur, a description of each such change, any 
change in emissions, the permit requirements with which the source will 
comply using the emissions trading provisions of the applicable 
implementation plan, and the pollutants emitted subject to the emissions 
trade. The notice shall also refer to the provisions with which the 
source will comply in the applicable implementation plan and that 
provide for the emissions trade.
    (B) The permit shield described in Sec. 70.6(f) of this part shall 
not extend to any change made under this paragraph (b)(12)(ii) of this 
section. Compliance with the permit requirements that the source will 
meet using the emissions trade shall be determined according to 
requirements of the applicable implementation plan authorizing the 
emissions trade.
    (iii) The program shall require the permitting authority, if a 
permit applicant requests it, to issue permits that contain terms and 
conditions, including all terms required under Sec. 70.6 (a) and (c) of 
this part to determine compliance, allowing for the trading of emissions 
increases and decreases in the permitted facility solely for the purpose 
of complying with a federally-enforceable emissions cap that is 
established in the permit independent of otherwise applicable 
requirements. The permit applicant shall include in its application 
proposed replicable procedures and permit terms that ensure the 
emissions trades are quantifiable and enforceable. The permitting 
authority shall not be required to include in the emissions trading 
provisions any emissions units for which emissions are not quantifiable 
or for which there are no replicable procedures to enforce the emissions 
trades. The permit shall also require compliance with all applicable 
requirements.
    (A) Under this paragraph (b)(12)(iii) of this section, the written 
notification required above shall state when the change will occur and 
shall describe the changes in emissions that will result and how these 
increases and decreases in emissions will comply with the terms and 
conditions of the permit.
    (B) The permit shield described in Sec. 70.6(f) of this part may 
extend to terms and conditions that allow such increases and decreases 
in emissions.
    (13) Provisions for adequate, streamlined, and reasonable procedures 
for expeditious review of permit revisions or modifications. The program 
may meet this requirement by using procedures that meet the requirements 
of Sec. 70.7(e) or that are substantially equivalent to those provided 
in Sec. 70.7(e) of this part.
    (14) If a State allows changes that are not addressed or prohibited 
by the permit, other than those described in paragraph (b)(15) of this 
section, to be made without a permit revision, provisions meeting the 
requirements of paragraphs (b)(14) (i) through (iii) of this section. 
Although a State may, as a matter of State law, prohibit sources from 
making such changes without a permit revision, any such prohibition 
shall not be enforceable by the Administrator or by citizens under the 
Act unless the prohibition is required by an applicable requirement. Any 
State procedures implementing such a State law prohibition must include 
the requirements of paragraphs (b)(14) (i) through (iii) of this 
section.
    (i) Each such change shall meet all applicable requirements and 
shall not violate any existing permit term or condition.
    (ii) Sources must provide contemporaneous written notice to the 
permitting authority and EPA of each such change, except for changes 
that qualify as insignificant under the provisions adopted pursuant to 
Sec. 70.5(c) of this part. Such written notice shall describe each such 
change, including the date, any change in emissions, pollutants emitted, 
and any applicable requirement that would apply as a result of the 
change.
    (iii) The change shall not qualify for the shield under Sec. 
70.6(f) of this part.

[[Page 223]]

    (iv) The permittee shall keep a record describing changes made at 
the source that result in emissions of a regulated air pollutant subject 
to an applicable requirement, but not otherwise regulated under the 
permit, and the emissions resulting from those changes.
    (15) Provisions prohibiting sources from making, without a permit 
revision, changes that are not addressed or prohibited by the part 70 
permit, if such changes are subject to any requirements under title IV 
of the Act or are modifications under any provision of title I of the 
Act.
    (16) Provisions requiring the permitting authority to implement the 
requirements of Sec. Sec. 70.6 and 70.7 of this part.
    (c) Partial programs. (1) The EPA may approve a partial program that 
applies to all part 70 sources within a limited geographic area (e.g., a 
local agency program covering all sources within the agency's 
jurisdiction). To be approvable, any partial program must, at a minimum, 
ensure compliance with all of the following applicable requirements, as 
they apply to the sources covered by the partial program:
    (i) All requirements of title V of the Act and of part 70;
    (ii) All applicable requirements of title IV of the Act and 
regulations promulgated thereunder which apply to affected sources; and
    (iii) All applicable requirements of title I of the Act, including 
those established under sections 111 and 112 of the Act.
    (2) Any partial permitting program, such as that of a local air 
pollution control agency, providing for the issuance of permits by a 
permitting authority other than the State, shall be consistent with all 
the elements required in paragraphs (b) (1) through (16) of this 
section.
    (3) Approval of any partial program does not relieve the State from 
its obligation to submit a whole program or from application of any 
sanctions for failure to submit a fully-approvable whole program.
    (4) Any partial program may obtain interim approval under paragraph 
(d) of this section if it substantially meets the requirements of this 
paragraph (c) of this section.
    (d) Interim approval. (1) If a program (including a partial permit 
program) submitted under this part substantially meets the requirements 
of this part, but is not fully approvable, the Administrator may be rule 
grant the program interim approval.
    (2) Interim approval shall expire on a date set by the Administrator 
(but not later than 2 years after such approval), and may not be 
renewed. Sources shall become subject to the program according to the 
schedule approved in the State program. Permits granted under an interim 
approval shall expire at the end of their fixed term, unless renewed 
under a part 70 program.
    (3) The EPA may grant interim approval to any program if it meets 
each of the following minimum requirements and otherwise substantially 
meets the requirements of this part:
    (i) Adequate fees. The program must provide for collecting permit 
fees adequate for it to meet the requirements of Sec. 70.9 of this 
part.
    (ii) Applicable requirements. (A) The program must provide for 
adequate authority to issue permits that assure compliance with the 
requirements of paragraph (c)(1) of this section for those major sources 
covered by the program.
    (B) Notwithstanding paragraph (d)(3)(ii)(A) of this section, where a 
State or local permitting authority lacks adequate authority to issue or 
revise permits that assure compliance with applicable requirements 
established exclusively through an EPA-approved minor NSR program, EPA 
may grant interim approval to the program upon a showing by the 
permitting authority of compelling reasons which support the interim 
approval.
    (C) Any part 70 permit issued during an interim approval granted 
under paragraph (d)(3)(ii)(B) of this section that does not incorporate 
minor NSR requirements shall:
    (1) Note this fact in the permit;
    (2) Indicate how citizens may obtain access to excluded minor NSR 
permits;
    (3) Provide a cross reference, such as a listing of the permit 
number, for each minor NSR permit containing an excluded minor NSR term; 
and

[[Page 224]]

    (4) State that the minor NSR requirements which are excluded are not 
eligible for the permit shield under Sec. 70.6(f).
    (D) A program receiving interim approval for the reason specified in 
(d)(3)(ii)(B) of this section must, upon or before granting of full 
approval, institute proceedings to reopen part 70 permits to incorporate 
excluded minor NSR permits as terms of the part 70 permits, as required 
by Sec. 70.7(f)(1)(iv). Such reopening need not follow full permit 
issuance procedures nor the notice requirement of Sec. 70.7(f)(3), but 
may instead follow the permit revision procedure in effect under the 
State's approved part 70 program for incorporation of minor NSR permits.
    (iii) Fixed term. The program must provide for fixed permit terms, 
consistent with paragraphs (b)(3) (iii) and (iv) of this section.
    (iv) Public participation. The program must provide for adequate 
public notice of and an opportunity for public comment and a hearing on 
draft permits and revisions, except for modifications qualifying for 
minor permit modification procedures under Sec. 70.7(e) of this part.
    (v) EPA and affected State review. The program must allow EPA an 
opportunity to review each proposed permit, including permit revisions, 
and to object to its issuance consistent with Sec. 70.8(c) of this 
part. The program must provide for affected State review consistent with 
Sec. 70.8(b) of this part.
    (vi) Permit issuance. The program must provide that the proposed 
permit will not be issued if EPA objects to its issuance.
    (vii) Enforcement. The program must contain authority to enforce 
permits, including the authority to assess penalties against sources 
that do not comply with their permits or with the requirement to obtain 
a permit.
    (viii) Operational flexibility. The program must allow changes 
within a permitted facility without requiring a permit revision, if the 
changes are not modifications under any provision of title I of the act 
and the changes do not exceed the emissions allowable under the permit, 
consistent with paragraph (b)(12) of this section.
    (ix) Streamlined procedures. The program must provide for 
streamlined procedures for issuing and revising permits and determining 
expeditiously after receipt of a permit application or application for a 
permit revision whether such application is complete.
    (x) Permit application. The program submittal must include copies of 
the permit application and reporting form(s) that the State will use in 
implementing the interim program.
    (xi) Alternative scenarios. The program submittal must include 
provisions to insure that alternate scenarios requested by the source 
are included in the part 70 permit pursuant to Sec. 70.6(a)(9) of this 
part.
    (e) EPA review of permit program submittals. Within 1 year after 
receiving a program submittal, the Administrator shall approve or 
disapprove the program, in whole or in part, by publishing a notice in 
the Federal Register. Prior to such notice, the Administrator shall 
provide an opportunity for public comment on such approval or 
disapproval. Any EPA action disapproving a program, in whole or in part, 
shall include a statement of the revisions or modifications necessary to 
obtain full approval. The Administrator shall approve State programs 
that conform to the requirements of this part.
    (1) Within 60 days of receipt by EPA of a State program submission, 
EPA will notify the State whether its submission is complete enough to 
warrant review by EPA for either full, partial, or interim approval. If 
EPA finds that a State's submission is complete, the 1-year review 
period (i.e., the period of time allotted for formal EPA review of a 
proposed State program) shall be deemed to have begun on the date of 
receipt of the State's submission. If EPA finds that a State's 
submission is incomplete, the 1-year review period shall not begin until 
all the necessary information is received by EPA.
    (2) If the State's submission is materially changed during the 1-
year review period, the Administrator may extend the review period for 
no more than 1 year following receipt of the revised submission.
    (3) In any notice granting interim or partial approval, the 
Administrator shall specify the changes or additions that must be made 
before the program

[[Page 225]]

can receive full approval and the conditions for implementation of the 
program until that time.
    (f) State response to EPA review of program--(1) Disapproval. The 
State shall submit to EPA program revisions or modifications required by 
the Administrator's action disapproving the program, or any part 
thereof, within 180 days of receiving notification of the disapproval.
    (2) Interim approval. The State shall submit to EPA changes to the 
program addressing the deficiencies specified in the interim approval no 
later than 6 months prior to the expiration of the interim approval.
    (g) Effective date. The effective date of a part 70 program, 
including any partial or interim program approved under this part, shall 
be the effective date of approval by the Administrator.
    (h) Individual permit transition. Upon approval of a State program, 
the Administrator shall suspend the issuance of Federal permits for 
those activities subject to the approved State program, except that the 
Administrator will continue to issue phase I acid rain permits. After 
program approval, EPA shall retain jurisdiction over any permit 
(including any general permit) that it has issued unless arrangements 
have been made with the State to assume responsibility for these 
permits. Where EPA retains jurisdiction, it will continue to process 
permit appeals and modification requests, to conduct inspections, and to 
receive and review monitoring reports. If any permit appeal or 
modification request is not finally resolved when the federally-issued 
permit expires, EPA may, with the consent of the State, retain 
jurisdiction until the matter is resolved. Upon request by a State, the 
Administrator may delegate authority to implement all or part of a 
permit issued by EPA, if a part 70 program has been approved for the 
State. The delegation may include authorization for the State to collect 
appropriate fees, consistent with Sec. 70.9 of this part.
    (i) Program revisions. Either EPA or a State with an approved 
program may initiate a program revision. Program revision may be 
necessary when the relevant Federal or State statutes or regulations are 
modified or supplemented. The State shall keep EPA apprised of any 
proposed modifications to its basic statutory or regulatory authority or 
procedures.
    (1) If the Administrator determines pursuant to Sec. 70.10 of this 
part that a State is not adequately administering the requirements of 
this part, or that the State's permit program is inadequate in any other 
way, the State shall revise the program or its means of implementation 
to correct the inadequacy. The program shall be revised within 180 days, 
or such other period as the Administrator may specify, following 
notification by the Administrator, or within 2 years if the State 
demonstrates that additional legal authority is necessary to make the 
program revision.
    (2) Revision of a State program shall be accomplished as follows:
    (i) The State shall submit a modified program description, Attorney 
General's statement, or such other documents as EPA determines to be 
necessary.
    (ii) After EPA receives a proposed program revision, it will publish 
in the Federal Register a public notice summarizing the proposed change 
and provide a public comment period of at least 30 days.
    (iii) The Administrator shall approve or disapprove program 
revisions based on the requirements of this part and of the Act.
    (iv) A program revision shall become effective upon the approval of 
the Administrator. Notice of approval of any substantial revision shall 
be published in the Federal Register. Notice of approval of 
nonsubstantial program revisions may be given by a letter from the 
Administrator to the Governor or a designee.
    (v) The Governor of any State with an approved part 70 program shall 
notify EPA whenever the Governor proposes to transfer all or part of the 
program to any other agency, and shall identify any new division of 
responsibilities among the agencies involved. The new agency is not 
authorized to administer the program until the revision has been 
approved by the Administrator under this paragraph.
    (3) Whenever the Administrator has reason to believe that 
circumstances

[[Page 226]]

have changed with respect to a State program, he may request, and the 
State shall provide, a supplemental Attorney General's statement, 
program description, or such other documents or information as he 
determines are necessary.
    (j) Sharing of information. (1) Any information obtained or used in 
the administration of a State program shall be available to EPA upon 
request without restriction and in a form specified by the 
Administrator, including computer-readable files to the extent 
practicable. If the information has been submitted to the State under a 
claim of confidentiality, the State may require the source to submit 
this information to the Administrator directly. Where the State submits 
information to the Administrator under a claim of confidentiality, the 
State shall submit that claim to EPA when providing information to EPA 
under this section. Any information obtained from a State or part 70 
source accompanied by a claim of confidentiality will be treated in 
accordance with the regulations in part 2 of this chapter.
    (2) The EPA will furnish to States with approved programs the 
information in its files that the State needs to implement its approved 
program. Any such information submitted to EPA under a claim of 
confidentiality will be subject to the regulations in part 2 of this 
chapter.
    (k) Administration and enforcement. Any State that fails to adopt a 
complete, approvable part 70 program, or that EPA determines is not 
adequately administering or enforcing such program shall be subject to 
certain Federal sanctions as set forth in Sec. 70.10 of this part.

[57 FR 32295, July 21, 1992, as amended at 61 FR 31448, June 20, 1996; 
61 FR 56370, Oct. 31, 1996; 66 FR 27010, May 15, 2001]



Sec. 70.5  Permit applications.

    (a) Duty to apply. For each part 70 source, the owner or operator 
shall submit a timely and complete permit application in accordance with 
this section.
    (1) Timely application. (i) A timely application for a source 
applying for a part 70 permit for the first time is one that is 
submitted within 12 months after the source becomes subject to the 
permit program or on or before such earlier date as the permitting 
authority may establish.
    (ii) Part 70 sources required to meet the requirements under section 
112(g) of the Act, or to have a permit under the preconstruction review 
program approved into the applicable implementation plan under part C or 
D of title I of the Act, shall file a complete application to obtain the 
part 70 permit or permit revision within 12 months after commencing 
operation or on or before such earlier date as the permitting authority 
may establish. Where an existing part 70 permit would prohibit such 
construction or change in operation, the source must obtain a permit 
revision before commencing operation.
    (iii) For purposes of permit renewal, a timely application is one 
that is submitted at least 6 months prior to the date of permit 
expiration, or such other longer time as may be approved by the 
Administrator that ensures that the term of the permit will not expire 
before the permit is renewed. In no event shall this time be greater 
than 18 months.
    (iv) Applications for initial phase II acid rain permits shall be 
submitted to the permitting authority by January 1, 1996 for sulfur 
dioxide, and by January 1, 1998 for nitrogen oxides.
    (2) Complete application. The program shall provide criteria and 
procedures for determining in a timely fashion when applications are 
complete. To be deemed complete, an application must provide all 
information required pursuant to paragraph (c) of this section, except 
that applications for permit revision need supply such information only 
if it is related to the proposed change. Information required under 
paragraph (c) of this section must be sufficient to evaluate the subject 
source and its application and to determine all applicable requirements. 
The program shall require that a responsible official certify the 
submitted information consistent with paragraph (d) of this section. 
Unless the permitting authority determines that an application is not 
complete within 60 days of receipt of the application, such application 
shall be deemed to be complete, except as otherwise provided in Sec. 
70.7(a)(4) of this

[[Page 227]]

part. If, while processing an application that has been determined or 
deemed to be complete, the permitting authority determines that 
additional information is necessary to evaluate or take final action on 
that application, it may request such information in writing and set a 
reasonable deadline for a response. The source's ability to operate 
without a permit, as set forth in Sec. 70.7(b) of this part, shall be 
in effect from the date the application is determined or deemed to be 
complete until the final permit is issued, provided that the applicant 
submits any requested additional information by the deadline specified 
by the permitting authority.
    (3) Confidential information. In the case where a source has 
submitted information to the State under a claim of confidentiality, the 
permitting authority may also require the source to submit a copy of 
such information directly to the Administrator.
    (b) Duty to supplement or correct application. Any applicant who 
fails to submit any relevant facts or who has submitted incorrect 
information in a permit application shall, upon becoming aware of such 
failure or incorrect submittal, promptly submit such supplementary facts 
or corrected information. In addition, an applicant shall provide 
additional information as necessary to address any requirements that 
become applicable to the source after the date it filed a complete 
application but prior to release of a draft permit.
    (c) Standard application form and required information. The State 
program under this part shall provide for a standard application form or 
forms. Information as described below for each emissions unit at a part 
70 source shall be included in the application. The Administrator may 
approve as part of a State program a list of insignificant activities 
and emissions levels which need not be included in permit applications. 
However, for insignificant activities which are exempted because of size 
or production rate, a list of such insignificant activities must be 
included in the application. An application may not omit information 
needed to determine the applicability of, or to impose, any applicable 
requirement, or to evaluate the fee amount required under the schedule 
approved pursuant to Sec. 70.9 of this part. The permitting authority 
may use discretion in developing application forms that best meet 
program needs and administrative efficiency. The forms and attachments 
chosen, however, shall include the elements specified below:
    (1) Identifying information, including company name and address (or 
plant name and address if different from the company name), owner's name 
and agent, and telephone number and names of plant site manager/contact.
    (2) A description of the source's processes and products (by 
Standard Industrial Classification Code) including any associated with 
alternate scenario identified by the source.
    (3) The following emission-related information:
    (i) All emissions of pollutants for which the source is major, and 
all emissions of regulated air pollutants. A permit application shall 
describe all emissions of regulated air pollutants emitted from any 
emissions unit, except where such units are exempted under this 
paragraph (c) of this section. The permitting authority shall require 
additional information related to the emissions of air pollutants 
sufficient to verify which requirements are applicable to the source, 
and other information necessary to collect any permit fees owed under 
the fee schedule approved pursuant to Sec. 70.9(b) of this part.
    (ii) Identification and description of all points of emissions 
described in paragraph (c)(3)(i) of this section in sufficient detail to 
establish the basis for fees and applicability of requirements of the 
Act.
    (iii) Emissions rate in tpy and in such terms as are necessary to 
establish compliance consistent with the applicable standard reference 
test method.
    (iv) The following information to the extent it is needed to 
determine or regulate emissions: Fuels, fuel use, raw materials, 
production rates, and operating schedules.
    (v) Identification and description of air pollution control 
equipment and compliance monitoring devices or activities.

[[Page 228]]

    (vi) Limitations on source operation affecting emissions or any work 
practice standards, where applicable, for all regulated pollutants at 
the part 70 source.
    (vii) Other information required by any applicable requirement 
(including information related to stack height limitations developed 
pursuant to section 123 of the Act).
    (viii) Calculations on which the information in paragraphs (c)(3 (i) 
through (vii) of this section is based.
    (4) The following air pollution control requirements:
    (i) Citation and description of all applicable requirements, and
    (ii) Description of or reference to any applicable test method for 
determining compliance with each applicable requirement.
    (5) Other specific information that may be necessary to implement 
and enforce other applicable requirements of the Act or of this part or 
to determine the applicability of such requirements.
    (6) An explanation of any proposed exemptions from otherwise 
applicable requirements.
    (7) Additional information as determined to be necessary by the 
permitting authority to define alternative operating scenarios 
identified by the source pursuant to Sec. 70.6(a)(9) of this part or to 
define permit terms and conditions implementing Sec. 70.4 (b) (12) or 
Sec. 70.6 (a) (10) of this part.
    (8) A compliance plan for all part 70 sources that contains all the 
following:
    (i) A description of the compliance status of the source with 
respect to all applicable requirements.
    (ii) A description as follows:
    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis.
    (C) For requirements for which the source is not in compliance at 
the time or permit issuance, a narrative description of how the source 
will achieve compliance with such requirements.
    (iii) A compliance schedule as follows:
    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis. A statement that the source will meet in a timely 
manner applicable requirements that become effective during the permit 
term shall satisfy this provision, unless a more detailed schedule is 
expressly required by the applicable requirement.
    (C) A schedule of compliance for sources that are not in compliance 
with all applicable requirements at the time of permit issuance. Such a 
schedule shall include a schedule of remedial measures, including an 
enforceable sequence of actions with milestones, leading to compliance 
with any applicable requirements for which the source will be in 
noncompliance at the time of permit issuance. This compliance schedule 
shall resemble and be at least as stringent as that contained in any 
judicial consent decree or administrative order to which the source is 
subject. Any such schedule of compliance shall be supplemental to, and 
shall not sanction noncompliance with, the applicable requirements on 
which it is based.
    (iv) A schedule for submission of certified progress reports no less 
frequently than every 6 months for sources required to have a schedule 
of compliance to remedy a violation.
    (v) The compliance plan content requirements specified in this 
paragraph shall apply and be included in the acid rain portion of a 
compliance plan for an affected source, except as specifically 
superseded by regulations promulgated under title IV of the Act with 
regard to the schedule and method(s) the source will use to achieve 
compliance with the acid rain emissions limitations.
    (9) Requirements for compliance certification, including the 
following:

[[Page 229]]

    (i) A certification of compliance with all applicable requirements 
by a responsible official consistent with paragraph (d) of this section 
and section 114(a)(3) of the Act;
    (ii) A statement of methods used for determining compliance, 
including a description of monitoring, recordkeeping, and reporting 
requirements and test methods;
    (iii) A schedule for submission of compliance certifications during 
the permit term, to be submitted no less frequently than annually, or 
more frequently if specified by the underlying applicable requirement or 
by the permitting authority; and
    (iv) A statement indicating the source's compliance status with any 
applicable enhanced monitoring and compliance certification requirements 
of the Act.
    (10) The use of nationally-standardized forms for acid rain portions 
of permit applications and compliance plans, as required by regulations 
promulgated under title IV of the Act.
    (d) Any application form, report, or compliance certification 
submitted pursuant to these regulations shall contain certification by a 
responsible official of truth, accuracy, and completeness. This 
certification and any other certification required under this part shall 
state that, based on information and belief formed after reasonable 
inquiry, the statements and information in the document are true, 
accurate, and complete.



Sec. 70.6  Permit content.

    (a) Standard permit requirements. Each permit issued under this part 
shall include the following elements:
    (1) Emission limitations and standards, including those operational 
requirements and limitations that assure compliance with all applicable 
requirements at the time of permit issuance.
    (i) The permit shall specify and reference the origin of and 
authority for each term or condition, and identify any difference in 
form as compared to the applicable requirement upon which the term or 
condition is based.
    (ii) The permit shall state that, where an applicable requirement of 
the Act is more stringent than an applicable requirement of regulations 
promulgated under title IV of the Act, both provisions shall be 
incorporated into the permit and shall be enforceable by the 
Administrator.
    (iii) If an applicable implementation plan allows a determination of 
an alternative emission limit at a part 70 source, equivalent to that 
contained in the plan, to be made in the permit issuance, renewal, or 
significant modification process, and the State elects to use such 
process, any permit containing such equivalency determination shall 
contain provisions to ensure that any resulting emissions limit has been 
demonstrated to be quantifiable, accountable, enforceable, and based on 
replicable procedures.
    (2) Permit duration. The permitting authority shall issue permits 
for a fixed term of 5 years in the case of affected sources, and for a 
term not to exceed 5 years in the case of all other sources. 
Notwithstanding this requirement, the permitting authority shall issue 
permits for solid waste incineration units combusting municipal waste 
subject to standards under section 129(e) of the Act for a period not to 
exceed 12 years and shall review such permits at least every 5 years.
    (3) Monitoring and related recordkeeping and reporting requirements. 
(i) Each permit shall contain the following requirements with respect to 
monitoring:
    (A) All monitoring and analysis procedures or test methods required 
under applicable monitoring and testing requirements, including part 64 
of this chapter and any other procedures and methods that may be 
promulgated pursuant to sections 114(a)(3) or 504(b) of the Act. If more 
than one monitoring or testing requirement applies, the permit may 
specify a streamlined set of monitoring or testing provisions provided 
the specified monitoring or testing is adequate to assure compliance at 
least to the same extent as the monitoring or testing applicable 
requirements that are not included in the permit as a result of such 
streamlining;
    (B) Where the applicable requirement does not require periodic 
testing or instrumental or noninstrumental monitoring (which may consist 
of recordkeeping designed to serve as monitoring), periodic monitoring 
sufficient

[[Page 230]]

to yield reliable data from the relevant time period that are 
representative of the source's compliance with the permit, as reported 
pursuant to paragraph (a)(3)(iii) of this section. Such monitoring 
requirements shall assure use of terms, test methods, units, averaging 
periods, and other statistical conventions consistent with the 
applicable requirement. Recordkeeping provisions may be sufficient to 
meet the requirements of this paragraph (a)(3)(i)(B) of this section; 
and
    (C) As necessary, requirements concerning the use, maintenance, and, 
where appropriate, installation of monitoring equipment or methods.
    (ii) With respect to recordkeeping, the permit shall incorporate all 
applicable recordkeeping requirements and require, where applicable, the 
following:
    (A) Records of required monitoring information that include the 
following:
    (1) The date, place as defined in the permit, and time of sampling 
or measurements;
    (2) The date(s) analyses were performed;
    (3) The company or entity that performed the analyses;
    (4) The analytical techniques or methods used;
    (5) The results of such analyses; and
    (6) The operating conditions as existing at the time of sampling or 
measurement;
    (B) Retention of records of all required monitoring data and support 
information for a period of at least 5 years from the date of the 
monitoring sample, measurement, report, or application. Support 
information includes all calibration and maintenance records and all 
original strip-chart recordings for continuous monitoring 
instrumentation, and copies of all reports required by the permit.
    (iii) With respect to reporting, the permit shall incorporate all 
applicable reporting requirements and require the following:
    (A) Submittal of reports of any required monitoring at least every 6 
months. All instances of deviations from permit requirements must be 
clearly identified in such reports. All required reports must be 
certified by a responsible official consistent with Sec. 70.5(d) of 
this part.
    (B) Prompt reporting of deviations from permit requirements, 
including those attributable to upset conditions as defined in the 
permit, the probable cause of such deviations, and any corrective 
actions or preventive measures taken. The permitting authority shall 
define ``prompt'' in relation to the degree and type of deviation likely 
to occur and the applicable requirements.
    (4) A permit condition prohibiting emissions exceeding any 
allowances that the source lawfully holds under title IV of the Act or 
the regulations promulgated thereunder.
    (i) No permit revision shall be required for increases in emissions 
that are authorized by allowances acquired pursuant to the acid rain 
program, provided that such increases do not require a permit revision 
under any other applicable requirement.
    (ii) No limit shall be placed on the number of allowances held by 
the source. The source may not, however, use allowances as a defense to 
noncompliance with any other applicable requirement.
    (iii) Any such allowance shall be accounted for according to the 
procedures established in regulations promulgated under title IV of the 
Act.
    (5) A severability clause to ensure the continued validity of the 
various permit requirements in the event of a challenge to any portions 
of the permit.
    (6) Provisions stating the following:
    (i) The permittee must comply with all conditions of the part 70 
permit. Any permit noncompliance constitutes a violation of the Act and 
is grounds for enforcement action; for permit termination, revocation 
and reissuance, or modification; or for denial of a permit renewal 
application.
    (ii) Need to halt or reduce activity not a defense. It shall not be 
a defense for a permittee in an enforcement action that it would have 
been necessary to halt or reduce the permitted activity in order to 
maintain compliance with the conditions of this permit.
    (iii) The permit may be modified, revoked, reopened, and reissued, 
or terminated for cause. The filing of a request by the permittee for a 
permit

[[Page 231]]

modification, revocation and reissuance, or termination, or of a 
notification of planned changes or anticipated noncompliance does not 
stay any permit condition.
    (iv) The permit does not convey any property rights of any sort, or 
any exclusive privilege.
    (v) The permittee shall furnish to the permitting authority, within 
a reasonable time, any information that the permitting authority may 
request in writing to determine whether cause exists for modifying, 
revoking and reissuing, or terminating the permit or to determine 
compliance with the permit. Upon request, the permittee shall also 
furnish to the permitting authority copies of records required to be 
kept by the permit or, for information claimed to be confidential, the 
permittee may furnish such records directly to the Administrator along 
with a claim of confidentiality.
    (7) A provision to ensure that a part 70 source pays fees to the 
permitting authority consistent with the fee schedule approved pursuant 
to Sec. 70.9 of this part.
    (8) Emissions trading. A provision stating that no permit revision 
shall be required, under any approved economic incentives, marketable 
permits, emissions trading and other similar programs or processes for 
changes that are provided for in the permit.
    (9) Terms and conditions for reasonably anticipated operating 
scenarios identified by the source in its application as approved by the 
permitting authority. Such terms and conditions:
    (i) Shall require the source, contemporaneously with making a change 
from one operating scenario to another, to record in a log at the 
permitted facility a record of the scenario under which it is operating;
    (ii) May extend the permit shield described in paragraph (f) of this 
section to all terms and conditions under each such operating scenario; 
and
    (iii) Must ensure that the terms and conditions of each such 
alternative scenario meet all applicable requirements and the 
requirements of this part.
    (10) Terms and conditions, if the permit applicant requests them, 
for the trading of emissions increases and decreases in the permitted 
facility, to the extent that the applicable requirements provide for 
trading such increases and decreases without a case-by-case approval of 
each emissions trade. Such terms and conditions:
    (i) Shall include all terms required under paragraphs (a) and (c) of 
this section to determine compliance;
    (ii) May extend the permit shield described in paragraph (f) of this 
section to all terms and conditions that allow such increases and 
decreases in emissions; and
    (iii) Must meet all applicable requirements and requirements of this 
part.
    (b) Federally-enforceable requirements. (1) All terms and conditions 
in a part 70 permit, including any provisions designed to limit a 
source's potential to emit, are enforceable by the Administrator and 
citizens under the Act.
    (2) Notwithstanding paragraph (b)(1) of this section, the permitting 
authority shall specifically designate as not being federally 
enforceable under the Act any terms and conditions included in the 
permit that are not required under the Act or under any of its 
applicable requirements. Terms and conditions so designated are not 
subject to the requirements of Sec. Sec. 70.7, 70.8, or of this part, 
other than those contained in this paragraph (b) of this section.
    (c) Compliance requirements. All part 70 permits shall contain the 
following elements with respect to compliance:
    (1) Consistent with paragraph (a)(3) of this section, compliance 
certification, testing, monitoring, reporting, and recordkeeping 
requirements sufficient to assure compliance with the terms and 
conditions of the permit. Any document (including reports) required by a 
part 70 permit shall contain a certification by a responsible official 
that meets the requirements of Sec. 70.5(d) for this part.
    (2) Inspection and entry requirements that require that, upon 
presentation of credentials and other documents as may be required by 
law, the permittee shall allow the permitting authority or an authorized 
representative to perform the following:
    (i) Enter upon the permittee's premises where a part 70 source is 
located or emissions-related activity is conducted, or where records 
must be kept under the conditions of the permit;

[[Page 232]]

    (ii) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of the permit;
    (iii) Inspect at reasonable times any facilities, equipment 
(including monitoring and air pollution control equipment), practices, 
or operations regulated or required under the permit; and
    (iv) As authorized by the Act, sample or monitor at reasonable times 
substances or parameters for the purpose of assuring compliance with the 
permit or applicable requirements.
    (3) A schedule of compliance consistent with Sec. 70.5(c)(8) of 
this part.
    (4) Progress reports consistent with an applicable schedule of 
compliance and Sec. 70.5(c)(8) of this part to be submitted at least 
semiannually, or at a more frequent period if specified in the 
applicable requirement or by the permitting authority. Such progress 
reports shall contain the following:
    (i) Dates for achieving the activities, milestones, or compliance 
required in the schedule of compliance, and dates when such activities, 
milestones or compliance were achieved; and
    (ii) An explanation of why any dates in the schedule of compliance 
were not or will not be met, and any preventive or corrective measures 
adopted.
    (5) Requirements for compliance certification with terms and 
conditions contained in the permit, including emission limitations, 
standards, or work practices. Permits shall include each of the 
following:
    (i) The frequency (not less than annually or such more frequent 
periods as specified in the applicable requirement or by the permitting 
authority) of submissions of compliance certifications;
    (ii) In accordance with Sec. 70.6(a)(3) of this part, a means for 
monitoring the compliance of the source with its emissions limitations, 
standards, and work practices;
    (iii) A requirement that the compliance certification include all of 
the following (provided that the identification of applicable 
information may cross-reference the permit or previous reports, as 
applicable):
    (A) The identification of each term or condition of the permit that 
is the basis of the certification;
    (B) The identification of the method(s) or other means used by the 
owner or operator for determining the compliance status with each term 
and condition during the certification period. Such methods and other 
means shall include, at a minimum, the methods and means required under 
paragraph (a)(3) of this section;
    (C) The status of compliance with the terms and conditions of the 
permit for the period covered by the certification, including whether 
compliance during the period was continuous or intermittent. The 
certification shall be based on the method or means designated in 
paragraph (c)(5)(iii)(B) of this section. The certification shall 
identify each deviation and take it into account in the compliance 
certification. The certification shall also identify as possible 
exceptions to compliance any periods during which compliance is required 
and in which an excursion or exceedance as defined under part 64 of this 
chapter occurred; and
    (D) Such other facts as the permitting authority may require to 
determine the compliance status of the source.
    (iv) A requirement that all compliance certifications be submitted 
to the Administrator as well as to the permitting authority.
    (6) Such other provisions as the permitting authority may require.
    (d) General permits. (1) The permitting authority may, after notice 
and opportunity for public participation provided under Sec. 70.7(h) of 
this part, issue a general permit covering numerous similar sources. Any 
general permit shall comply with all requirements applicable to other 
part 70 permits and shall identify criteria by which sources may qualify 
for the general permit. To sources that qualify, the permitting 
authority shall grant the conditions and terms of the general permit. 
Notwithstanding the shield provisions of paragraph (f) of this section, 
the source shall be subject to enforcement action for operation without 
a part 70 permit if the source is later determined not to qualify for 
the conditions and terms of the general permit. General permits shall 
not be authorized for affected sources under the acid rain program 
unless otherwise

[[Page 233]]

provided in regulations promulgated under title IV of the Act.
    (2) Part 70 sources that would qualify for a general permit must 
apply to the permitting authority for coverage under the terms of the 
general permit or must apply for a part 70 permit consistent with Sec. 
70.5 of this part. The permitting authority may, in the general permit, 
provide for applications which deviate from the requirements of Sec. 
70.5 of this part, provided that such applications meet the requirements 
of title V of the Act, and include all information necessary to 
determine qualification for, and to assure compliance with, the general 
permit. Without repeating the public participation procedures required 
under Sec. 70.7(h) of this part, the permitting authority may grant a 
source's request for authorization to operate under a general permit, 
but such a grant shall not be a final permit action for purposes of 
judicial review.
    (e) Temporary sources. The permitting authority may issue a single 
permit authorizing emissions from similar operations by the same source 
owner or operator at multiple temporary locations. The operation must be 
temporary and involve at least one change of location during the term of 
the permit. No affected source shall be permitted as a temporary source. 
Permits for temporary sources shall include the following:
    (1) Conditions that will assure compliance with all applicable 
requirements at all authorized locations;
    (2) Requirements that the owner or operator notify the permitting 
authority at least 10 days in advance of each change in location; and
    (3) Conditions that assure compliance with all other provisions of 
this section.
    (f) Permit shield. (1) Except as provided in this part, the 
permitting authority may expressly include in a part 70 permit a 
provision stating that compliance with the conditions of the permit 
shall be deemed compliance with any applicable requirements as of the 
date of permit issuance, provided that:
    (i) Such applicable requirements are included and are specifically 
identified in the permit; or
    (ii) The permitting authority, in acting on the permit application 
or revision, determines in writing that other requirements specifically 
identified are not applicable to the source, and the permit includes the 
determination or a concise summary thereof.
    (2) A part 70 permit that does not expressly state that a permit 
shield exists shall be presumed not to provide such a shield.
    (3) Nothing in this paragraph or in any part 70 permit shall alter 
or affect the following:
    (i) The provisions of section 303 of the Act (emergency orders), 
including the authority of the Administrator under that section;
    (ii) The liability of an owner or operator of a source for any 
violation of applicable requirements prior to or at the time of permit 
issuance;
    (iii) The applicable requirements of the acid rain program, 
consistent with section 408(a) of the Act; or
    (iv) The ability of EPA to obtain information from a source pursuant 
to section 114 of the Act.
    (g) Emergency provision--(1) Definition. An ``emergency'' means any 
situation arising from sudden and reasonably unforeseeable events beyond 
the control of the source, including acts of God, which situation 
requires immediate corrective action to restore normal operation, and 
that causes the source to exceed a technology-based emission limitation 
under the permit, due to unavoidable increases in emissions attributable 
to the emergency. An emergency shall not include noncompliance to the 
extent caused by improperly designed equipment, lack of preventative 
maintenance, careless or improper operation, or operator error.
    (2) Effect of an emergency. An emergency constitutes an affirmative 
defense to an action brought for noncompliance with such technology-
based emission limitations if the conditions of paragraph (g)(3) of this 
section are met.
    (3) The affirmative defense of emergency shall be demonstrated 
through properly signed, contemporaneous operating logs, or other 
relevant evidence that:

[[Page 234]]

    (i) An emergency occurred and that the permittee can identify the 
cause(s) of the emergency;
    (ii) The permitted facility was at the time being properly operated;
    (iii) During the period of the emergency the permittee took all 
reasonable steps to minimize levels of emissions that exceeded the 
emission standards, or other requirements in the permit; and
    (iv) The permittee submitted notice of the emergency to the 
permitting authority within 2 working days of the time when emission 
limitations were exceeded due to the emergency. This notice fulfills the 
requirement of paragraph (a)(3)(iii)(B) of this section. This notice 
must contain a description of the emergency, any steps taken to mitigate 
emissions, and corrective actions taken.
    (4) In any enforcement proceeding, the permittee seeking to 
establish the occurrence of an emergency has the burden of proof.
    (5) This provision is in addition to any emergency or upset 
provision contained in any applicable requirement.

[57 FR 32295, July 21, 1992, as amended at 62 FR 54946, Oct. 22, 1997; 
66 FR 12876, Mar. 1, 2001; 66 FR 55884, Nov. 5, 2001; 68 FR 38523, June 
27, 2003]



Sec. 70.7  Permit issuance, renewal, reopenings, and revisions.

    (a) Action on application. (1) A permit, permit modification, or 
renewal may be issued only if all of the following condition have been 
met:
    (i) The permitting authority has received a complete application for 
a permit, permit modification, or permit renewal, except that a complete 
application need not be received before issuance of a general permit 
under Sec. 70.6(d) of this part;
    (ii) Except for modifications qualifying for minor permit 
modification procedures under paragraphs (e) (2) and (3) of this 
section, the permitting authority has complied with the requirements for 
public participation under paragraph (h) of this section;
    (iii) The permitting authority has complied with the requirements 
for notifying and responding to affected States under Sec. 70.8(b) of 
this part;
    (iv) The conditions of the permit provide for compliance with all 
applicable requirements and the requirements of this part; and
    (v) The Administrator has received a copy of the proposed permit and 
any notices required under Sec. Sec. 70.8(a) and 70.8(b) of this part, 
and has not objected to issuance of the permit under Sec. 70.8(c) of 
this part within the time period specified therein.
    (2) Except as provided under the initial transition plan provided 
for under Sec. 70.4(b)(11) of this part or under regulations 
promulgated under title IV of title V of the Act for the permitting of 
affected sources under the acid rain program, the program shall provide 
that the permitting authority take final action on each permit 
application (including a request for permit modification or renewal) 
within 18 months, or such lesser time approved by the Administrator, 
after receiving a complete application.
    (3) The program shall also contain reasonable procedures to ensure 
priority is given to taking action on applications for construction or 
modification under title I, parts C and D of the Act.
    (4) The permitting authority shall promptly provide notice to the 
applicant of whether the application is complete. Unless the permitting 
authority requests additional information or otherwise notifies the 
applicant of incompleteness within 60 days of receipt of an application, 
the application shall be deemed complete. For modifications processed 
through minor permit modification procedures, such as those in 
paragraphs (e) (2) and (3) of this section, the State program need not 
require a completeness determination.
    (5) The permitting authority shall provide a statement that sets 
forth the legal and factual basis for the draft permit conditions 
(including references to the applicable statutory or regulatory 
provisions). The permitting authority shall send this statement to EPA 
and to any other person who requests it.
    (6) The submittal of a complete application shall not affect the 
requirement that any source have a preconstruction permit under title I 
of the Act.

[[Page 235]]

    (b) Requirement for a permit. Except as provided in the following 
sentence, Sec. 70.4(b)(12)(i), and paragraphs (e) (2)(v) and (3)(v) of 
this section, no part 70 source may operate after the time that it is 
required to submit a timely and complete application under an approved 
permit program, except in compliance with a permit issued under a part 
70 program. The program shall provide that, if a part 70 source submits 
a timely and complete application for permit issuance (including for 
renewal), the source's failure to have a part 70 permit is not a 
violation of this part until the permitting authority takes final action 
on the permit application, except as noted in this section. This 
protection shall cease to apply if, subsequent to the completeness 
determination made pursuant to paragraph (a)(4) of this section, and as 
required by Sec. 70.5(a)(2) of this part, the applicant fails to submit 
by the deadline specified in writing by the permitting authority any 
additional information identified as being needed to process the 
application.
    (c) Permit renewal and expiration. (1) The program shall provide 
that:
    (i) Permits being renewed are subject to the same procedural 
requirements, including those for public participation, affected State 
and EPA review, that apply to initial permit issuance; and
    (ii) Permit expiration terminates the source's right to operate 
unless a timely and complete renewal application has been submitted 
consistent with paragraph (b) of this section and Sec. 70.5(a)(1)(iii) 
of this part.
    (2) If the permitting authority fails to act in a timely way on a 
permit renewal, EPA may invoke its authority under section 505(e) of the 
Act to terminate or revoke and reissue the permit.
    (d) Administrative permit amendments. (1) An ``administrative permit 
amendment'' is a permit revision that:
    (i) Corrects typographical errors;
    (ii) Identifies a change in the name, address, or phone number of 
any person identified in the permit, or provides a similar minor 
administrative change at the source;
    (iii) Requires more frequent monitoring or reporting by the 
permittee;
    (iv) Allows for a change in ownership or operational control of a 
source where the permitting authority determines that no other change in 
the permit is necessary, provided that a written agreement containing a 
specific date for transfer of permit responsibility, coverage, and 
liability between the current and new permittee has been submitted to 
the permitting authority;
    (v) Incorporates into the part 70 permit the requirements from 
preconstruction review permits authorized under an EPA-approved program, 
provided that such a program meets procedural requirements substantially 
equivalent to the requirements of Sec. Sec. 70.7 and 70.8 of this part 
that would be applicable to the change if it were subject to review as a 
permit modification, and compliance requirements substantially 
equivalent to those contained in Sec. 70.6 of this part; or
    (vi) Incorporates any other type of change which the Administrator 
has determined as part of the approved part 70 program to be similar to 
those in paragraphs (d)(1) (i) through (iv) of this section.
    (2) Administrative permit amendments for purposes of the acid rain 
portion of the permit shall be governed by regulations promulgated under 
title IV of the Act.
    (3) Administrative permit amendment procedures. An administrative 
permit amendment may be made by the permitting authority consistent with 
the following:
    (i) The permitting authority shall take no more than 60 days from 
receipt of a request for an administrative permit amendment to take 
final action on such request, and may incorporate such changes without 
providing notice to the public or affected States provided that it 
designates any such permit revisions as having been made pursuant to 
this paragraph.
    (ii) The permitting authority shall submit a copy of the revised 
permit to the Administrator.
    (iii) The source may implement the changes addressed in the request 
for an administrative amendment immediately upon submittal of the 
request.

[[Page 236]]

    (4) The permitting authority may, upon taking final action granting 
a request for an administrative permit amendment, allow coverage by the 
permit shield in Sec. 70.6(f) for administrative permit amendments made 
pursuant to paragraph (d)(1)(v) of this section which meet the relevant 
requirements of Sec. Sec. 70.6, 70.7, and 70.8 for significant permit 
modifications.
    (e) Permit modification. A permit modification is any revision to a 
part 70 permit that cannot be accomplished under the program's 
provisions for administrative permit amendments under paragraph (d) of 
this section. A permit modification for purposes of the acid rain 
portion of the permit shall be governed by regulations promulgated under 
title IV of the Act.
    (1) Program description. The State shall provide adequate, 
streamlined, and reasonable procedures for expeditiously processing 
permit modifications. The State may meet this obligation by adopting the 
procedures set forth below or ones substantially equivalent. The State 
may also develop different procedures for different types of 
modifications depending on the significance and complexity of the 
requested modification, but EPA will not approve a part 70 program that 
has modification procedures that provide for less permitting authority, 
EPA, or affected State review or public participation than is provided 
for in this part.
    (2) Minor permit modification procedures--(i) Criteria. (A) Minor 
permit modification procedures may be used only for those permit 
modifications that:
    (1) Do not violate any applicable requirement;
    (2) Do not involve significant changes to existing monitoring, 
reporting, or recordkeeping requirements in the permit;
    (3) Do not require or change a case-by-case determination of an 
emission limitation or other standard, or a source-specific 
determination for temporary sources of ambient impacts, or a visibility 
or increment analysis;
    (4) Do not seek to establish or change a permit term or condition 
for which there is no corresponding underlying applicable requirement 
and that the source has assumed to avoid an applicable requirement to 
which the source would otherwise be subject. Such terms and conditions 
include:
    (A) A federally enforceable emissions cap assumed to avoid 
classification as a modification under any provision of title I; and
    (B) An alternative emissions limit approved pursuant to regulations 
promulgated under section 112(i)(5) of the Act;
    (5) Are not modifications under any provision of title I of the Act; 
and
    (6) Are not required by the State program to be processed as a 
significant modification.
    (B) Notwithstanding paragraphs (e)(2)(i)(A) and (e)(3)(i) of this 
section, minor permit modification procedures may be used for permit 
modifications involving the use of economic incentives, marketable 
permits, emissions trading, and other similar approaches, to the extent 
that such minor permit modification procedures are explicitly provided 
for in an applicable implementation plan or in applicable requirements 
promulgated by EPA.
    (ii) Application. An application requesting the use of minor permit 
modification procedures shall meet the requirements of Sec. 70.5(c) of 
this part and shall include the following:
    (A) A description of the change, the emissions resulting from the 
change, and any new applicable requirements that will apply if the 
change occurs;
    (B) The source's suggested draft permit;
    (C) Certification by a responsible official, consistent with Sec. 
70.5(d), that the proposed modification meets the criteria for use of 
minor permit modification procedures and a request that such procedures 
be used; and
    (D) Completed forms for the permitting authority to use to notify 
the Administrator and affected States as required under Sec. 70.8.
    (iii) EPA and affected State notification. Within 5 working days of 
receipt of a complete permit modification application, the permitting 
authority shall meet its obligation under Sec. 70.8 (a)(1) and (b)(1) 
to notify the Administrator and affected States of the requested permit 
modification. The permitting authority promptly shall send

[[Page 237]]

any notice required under Sec. 70.8(b)(2) to the Administrator.
    (iv) Timetable for issuance. The permitting authority may not issue 
a final permit modification until after EPA's 45-day review period or 
until EPA has notified the permitting authority that EPA will not object 
to issuance of the permit modification, whichever is first, although the 
permitting authority can approve the permit modification prior to that 
time. Within 90 days of the permitting authority's receipt of an 
application under minor permit modification procedures or 15 days after 
the end of the Administrator's 45-day review period under Sec. 70.8(c), 
whichever is later, the permitting authority shall:
    (A) Issue the permit modification as proposed;
    (B) Deny the permit modification application;
    (C) Determine that the requested modification does not meet the 
minor permit modification criteria and should be reviewed under the 
significant modification procedures; or
    (D) Revise the draft permit modification and transmit to the 
Administrator the new proposed permit modification as required by Sec. 
70.8(a) of this part.
    (v) Source's ability to make change. The State program may allow the 
source to make the change proposed in its minor permit modification 
application immediately after it files such application. After the 
source makes the change allowed by the preceding sentence, and until the 
permitting authority takes any of the actions specified in paragraphs 
(e)(2)(v) (A) through (C) of this section, the source must comply with 
both the applicable requirements governing the change and the proposed 
permit terms and conditions. During this time period, the source need 
not comply with the existing permit terms and conditions it seeks to 
modify. However, if the source fails to comply with its proposed permit 
terms and conditions during this time period, the existing permit terms 
and conditions it seeks to modify may be enforced against it.
    (vi) Permit shield. The permit shield under Sec. 70.6(f) of this 
part may not extend to minor permit modifications.
    (3) Group processing of minor permit modifications. Consistent with 
this paragraph, the permitting authority may modify the procedure 
outlined in paragraph (e)(2) of this section to process groups of a 
source's applications for certain modifications eligible for minor 
permit modification processing.
    (i) Criteria. Group processing of modifications may be used only for 
those permit modifications:
    (A) That meet the criteria for minor permit modification procedures 
under paragraph (e)(2)(i)(A) of this section; and
    (B) That collectively are below the threshold level approved by the 
Administrator as part of the approved program. Unless the State sets an 
alternative threshold consistent with the criteria set forth in 
paragraphs (e)(3)(i)(B) (1) and (2) of this section, this threshold 
shall be 10 percent of the emissions allowed by the permit for the 
emissions unit for which the change is requested, 20 percent of the 
applicable definition of major source in Sec. 70.2 of this part, or 5 
tons per year, whichever is least. In establishing any alternative 
threshold, the State shall consider:
    (1) Whether group processing of amounts below the threshold levels 
reasonably alleviates severe administrative burdens that would be 
imposed by immediate permit modification review, and
    (2) Whether individual processing of changes below the threshold 
levels would result in trivial environmental benefits.
    (ii) Application. An application requesting the use of group 
processing procedures shall meet the requirements of Sec. 70.5(c) of 
this part and shall include the following:
    (A) A description of the change, the emissions resulting from the 
change, and any new applicable requirements that will apply if the 
change occurs.
    (B) The source's suggested draft permit.
    (C) Certification by a responsible official, consistent with Sec. 
70.5(d) of this part, that the proposed modification meets the criteria 
for use of group processing procedures and a request that such 
procedures be used.
    (D) A list of the source's other pending applications awaiting group 
processing, and a determination of whether the requested modification, 
aggregated

[[Page 238]]

with these other applications, equals or exceeds the threshold set under 
paragraph (e)(3)(i)(B) of this section.
    (E) Certification, consistent with Sec. 70.5(d) of this part, that 
the source has notified EPA of the proposed modification. Such 
notification need only contain a brief description of the requested 
modification.
    (F) Completed forms for the permitting authority to use to notify 
the Administrator and affected States as required under Sec. 70.8 of 
this part.
    (iii) EPA and affected State notification. On a quarterly basis or 
within 5 business days of receipt of an application demonstrating that 
the aggregate of a source's pending applications equals or exceeds the 
threshold level set under paragraph (e)(3)(i)(B) of this section, 
whichever is earlier, the permitting authority promptly shall meet its 
obligations under Sec. Sec. 70.8 (a)(1) and (b)(1) to notify the 
Administrator and affected States of the requested permit modifications. 
The permitting authority shall send any notice required under Sec. 
70.8(b)(2) of this part to the Administrator.
    (iv) Timetable for issuance. The provisions of paragraph (e)(2)(iv) 
of this section shall apply to modifications eligible for group 
processing, except that the permitting authority shall take one of the 
actions specified in paragraphs (e)(2)(iv) (A) through (D) of this 
section within 180 days of receipt of the application or 15 days after 
the end of the Administrator's 45-day review period under Sec. 70.8(c) 
of this part, whichever is later.
    (v) Source's ability to make change. The provisions of paragraph 
(e)(2)(v) of this section shall apply to modifications eligible for 
group processing.
    (vi) Permit shield. The provisions of paragraph (e)(2)(vi) of this 
section shall also apply to modifications eligible for group processing.
    (4) Significant modification procedures--(i) Criteria. Significant 
modification procedures shall be used for applications requesting permit 
modifications that do not qualify as minor permit modifications or as 
administrative amendments. The State program shall contain criteria for 
determining whether a change is significant. At a minimum, every 
significant change in existing monitoring permit terms or conditions and 
every relaxation of reporting or recordkeeping permit terms or 
conditions shall be considered significant. Nothing herein shall be 
construed to preclude the permittee from making changes consistent with 
this part that would render existing permit compliance terms and 
conditions irrelevant.
    (ii) The State program shall provide that significant permit 
modifications shall meet all requirements of this part, including those 
for applications, public participation, review by affected States, and 
review by EPA, as they apply to permit issuance and permit renewal. The 
permitting authority shall design and implement this review process to 
complete review on the majority of significant permit modifications 
within 9 months after receipt of a complete application.
    (f) Reopening for cause. (1) Each issued permit shall include 
provisions specifying the conditions under which the permit will be 
reopened prior to the expiration of the permit. A permit shall be 
reopened and revised under any of the following circumstances:
    (i) Additional applicable requirements under the Act become 
applicable to a major part 70 source with a remaining permit term of 3 
or more years. Such a reopening shall be completed not later than 18 
months after promulgation of the applicable requirement. No such 
reopening is required if the effective date of the requirement is later 
than the date on which the permit is due to expire, unless the original 
permit or any of its terms and conditions has been extended pursuant to 
Sec. 70.4(b)(10) (i) or (ii) of this part.
    (ii) Additional requirements (including excess emissions 
requirements) become applicable to an affected source under the acid 
rain program. Upon approval by the Administrator, excess emissions 
offset plans shall be deemed to be incorporated into the permit.
    (iii) The permitting authority or EPA determines that the permit 
contains a material mistake or that inaccurate statements were made in 
establishing the emissions standards or other terms or conditions of the 
permit.

[[Page 239]]

    (iv) The Administrator or the permitting authority determines that 
the permit must be revised or revoked to assure compliance with the 
applicable requirements.
    (2) Proceedings to reopen and issue a permit shall follow the same 
procedures as apply to initial permit issuance and shall affect only 
those parts of the permit for which cause to reopen exists. Such 
reopening shall be made as expeditiously as practicable.
    (3) Reopenings under paragraph (f)(1) of this section shall not be 
initiated before a notice of such intent is provided to the part 70 
source by the permitting authority at least 30 days in advance of the 
date that the permit is to be reopened, except that the permitting 
authority may provide a shorter time period in the case of an emergency.
    (g) Reopenings for cause by EPA. (1) If the Administrator finds that 
cause exists to terminate, modify, or revoke and reissue a permit 
pursuant to paragraph (f) of this section, the Administrator will notify 
the permitting authority and the permittee of such finding in writing.
    (2) The permitting authority shall, within 90 days after receipt of 
such notification, forward to EPA a proposed determination of 
termination, modification, or revocation and reissuance, as appropriate. 
The Administrator may extend this 90-day period for an additional 90 
days if he finds that a new or revised permit application is necessary 
or that the permitting authority must require the permittee to submit 
additional information.
    (3) The Administrator will review the proposed determination from 
the permitting authority within 90 days of receipt.
    (4) The permitting authority shall have 90 days from receipt of an 
EPA objection to resolve any objection that EPA makes and to terminate, 
modify, or revoke and reissue the permit in accordance with the 
Administrator's objection.
    (5) If the permitting authority fails to submit a proposed 
determination pursuant to paragraph (g)(2) of this section or fails to 
resolve any objection pursuant to paragraph (g)(4) of this section, the 
Administrator will terminate, modify, or revoke and reissue the permit 
after taking the following actions:
    (i) Providing at least 30 days' notice to the permittee in writing 
of the reasons for any such action. This notice may be given during the 
procedures in paragraphs (g) (1) through (4) of this section.
    (ii) Providing the permittee an opportunity for comment on the 
Administrator's proposed action and an opportunity for a hearing.
    (h) Public participation. Except for modifications qualifying for 
minor permit modification procedures, all permit proceedings, including 
initial permit issuance, significant modifications, and renewals, shall 
provide adequate procedures for public notice including offering an 
opportunity for public comment and a hearing on the draft permit. These 
procedures shall include the following:
    (1) Notice shall be given: by publication in a newspaper of general 
circulation in the area where the source is located or in a State 
publication designed to give general public notice; to persons on a 
mailing list developed by the permitting authority, including those who 
request in writing to be on the list; and by other means if necessary to 
assure adequate notice to the affected public;
    (2) The notice shall identify the affected facility; the name and 
address of the permittee; the name and address of the permitting 
authority processing the permit; the activity or activities involved in 
the permit action; the emissions change involved in any permit 
modification; the name, address, and telephone number of a person from 
whom interested persons may obtain additional information, including 
copies of the permit draft, the application, all relevant supporting 
materials, including those set forth in Sec. 70.4(b)(3)(viii) of this 
part, and all other materials available to the permitting authority that 
are relevant to the permit decision; a brief description of the comment 
procedures required by this part; and the time and place of any hearing 
that may be held, including a statement of procedures to request a 
hearing (unless a hearing has already been scheduled);

[[Page 240]]

    (3) The permitting authority shall provide such notice and 
opportunity for participation by affected States as is provided for by 
Sec. 70.8 of this part;
    (4) Timing. The permitting authority shall provide at least 30 days 
for public comment and shall give notice of any public hearing at least 
30 days in advance of the hearing.
    (5) The permitting authority shall keep a record of the commenters 
and also of the issues raised during the public participation process so 
that the Administrator may fulfill his obligation under section 
505(b)(2) of the Act to determine whether a citizen petition may be 
granted, and such records shall be available to the public.



Sec. 70.8  Permit review by EPA and affected States.

    (a) Transmission of information to the Administrator. (1) The permit 
program shall require that the permitting authority provide to the 
Administrator a copy of each permit application (including any 
application for permit modification), each proposed permit, and each 
final part 70 permit. The applicant may be required by the permitting 
authority to provide a copy of the permit application (including the 
compliance plan) directly to the Administrator. Upon agreement with the 
Administrator, the permitting authority may submit to the Administrator 
a permit application summary form and any relevant portion of the permit 
application and compliance plan, in place of the complete permit 
application and compliance plan. To the extent practicable, the 
preceding information shall be provided in computer-readable format 
compatible with EPA's national database management system.
    (2) The Administrator may waive the requirements of paragraphs 
(a)(1) and (b)(1) of this section for any category of sources (including 
any class, type, or size within such category) other than major sources 
according to the following:
    (i) By regulation for a category of sources nationwide, or
    (ii) At the time of approval of a State program for a category of 
sources covered by an individual permitting program.
    (3) Each State permitting authority shall keep for 5 years such 
records and submit to the Administrator such information as the 
Administrator may reasonably require to ascertain whether the State 
program complies with the requirements of the Act or of this part.
    (b) Review by affected States. (1) The permit program shall provide 
that the permitting authority give notice of each draft permit to any 
affected State on or before the time that the permitting authority 
provides this notice to the public under Sec. 70.7(h) of this part, 
except to the extent Sec. 70.7(e) (2) or (3) of this part requires the 
timing of the notice to be different.
    (2) The permit program shall provide that the permitting authority, 
as part of the submittal of the proposed permit to the Administrator [or 
as soon as possible after the submittal for minor permit modification 
procedures allowed under Sec. 70.7(e) (2) or (3) of this part], shall 
notify the Administrator and any affected State in writing of any 
refusal by the permitting authority to accept all recommendations for 
the proposed permit that the affected State submitted during the public 
or affected State review period. The notice shall include the permitting 
authority's reasons for not accepting any such recommendation. The 
permitting authority is not required to accept recommendations that are 
not based on applicable requirements or the requirements of this part.
    (c) EPA objection. (1) The Administrator will object to the issuance 
of any proposed permit determined by the Administrator not to be in 
compliance with applicable requirements or requirements under this part. 
No permit for which an application must be transmitted to the 
Administrator under paragraph (a) of this section shall be issued if the 
Administrator objects to its issuance in writing within 45 days of 
receipt of the proposed permit and all necessary supporting information.
    (2) Any EPA objection under paragraph (c)(1) of this section shall 
include a statement of the Administrator's reasons for objection and a 
description of

[[Page 241]]

the terms and conditions that the permit must include to respond to the 
objections. The Administrator will provide the permit applicant a copy 
of the objection.
    (3) Failure of the permitting authority to do any of the following 
also shall constitute grounds for an objection:
    (i) Comply with paragraphs (a) or (b) of this section;
    (ii) Submit any information necessary to review adequately the 
proposed permit; or
    (iii) Process the permit under the procedures approved to meet Sec. 
70.7(h) of this part except for minor permit modifications.
    (4) If the permitting authority fails, within 90 days after the date 
of an objection under paragraph (c)(1) of this section, to revise and 
submit a proposed permit in response to the objection, the Administrator 
will issue or deny the permit in accordance with the requirements of the 
Federal program promulgated under title V of this Act.
    (d) Public petitions to the Administrator. The program shall provide 
that, if the Administrator does not object in writing under paragraph 
(c) of this section, any person may petition the Administrator within 60 
days after the expiration of the Administrator's 45-day review period to 
make such objection. Any such petition shall be based only on objections 
to the permit that were raised with reasonable specificity during the 
public comment period provided for in Sec. 70.7(h) of this part, unless 
the petitioner demonstrates that it was impracticable to raise such 
objections within such period, or unless the grounds for such objection 
arose after such period. If the Administrator objects to the permit as a 
result of a petition filed under this paragraph, the permitting 
authority shall not issue the permit until EPA's objection has been 
resolved, except that a petition for review does not stay the 
effectiveness of a permit or its requirements if the permit was issued 
after the end of the 45-day review period and prior to an EPA objection. 
If the permitting authority has issued a permit prior to receipt of an 
EPA objection under this paragraph, the Administrator will modify, 
terminate, or revoke such permit, and shall do so consistent with the 
procedures in Sec. 70.7(g) (4) or (5) (i) and (ii) of this part except 
in unusual circumstances, and the permitting authority may thereafter 
issue only a revised permit that satisfies EPA's objection. In any case, 
the source will not be in violation of the requirement to have submitted 
a timely and complete application.
    (e) Prohibition on default issuance. Consistent with Sec. 
70.4(b)(3)(ix) of this part, for the purposes of Federal law and title V 
of the Act, no State program may provide that a part 70 permit 
(including a permit renewal or modification) will issue until affected 
States and EPA have had an opportunity to review the proposed permit as 
required under this section. When the program is submitted for EPA 
review, the State Attorney General or independent legal counsel shall 
certify that no applicable provision of State law requires that a part 
70 permit or renewal be issued after a certain time if the permitting 
authority has failed to take action on the application (or includes any 
other similar provision providing for default issuance of a permit), 
unless EPA has waived such review for EPA and affected States.



Sec. 70.9  Fee determination and certification.

    (a) Fee requirement. The State program shall require that the owners 
or operators of part 70 sources pay annual fees, or the equivalent over 
some other period, that are sufficient to cover the permit program costs 
and shall ensure that any fee required by this section will be used 
solely for permit program costs.
    (b) Fee schedule adequacy. (1) The State program shall establish a 
fee schedule that results in the collection and retention of revenues 
sufficient to cover the permit program costs. These costs include, but 
are not limited to, the costs of the following activities as they relate 
to the operating permit program for stationary sources:
    (i) Preparing generally applicable regulations or guidance regarding 
the permit program or its implementation or enforcement;
    (ii) Reviewing and acting on any application for a permit, permit 
revision,

[[Page 242]]

or permit renewal, including the development of an applicable 
requirement as part of the processing of a permit, or permit revision or 
renewal;
    (iii) General administrative costs of running the permit program, 
including the supporting and tracking of permit applications, compliance 
certification, and related data entry;
    (iv) Implementing and enforcing the terms of any part 70 permit (not 
including any court costs or other costs associated with an enforcement 
action), including adequate resources to determine which sources are 
subject to the program;
    (v) Emissions and ambient monitoring;
    (vi) Modeling, analyses, or demonstrations;
    (vii) Preparing inventories and tracking emissions; and
    (viii) Providing direct and indirect support to sources under the 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program contained in section 507 of the Act in determining 
and meeting their obligations under this part.
    (2)(i) The Administrator will presume that the fee schedule meets 
the requirements of paragraph (b)(1) of this section if it would result 
in the collection and retention of an amount not less than $25 per year 
[as adjusted pursuant to the criteria set forth in paragraph (b)(2)(iv) 
of this section] times the total tons of the actual emissions of each 
regulated pollutant (for presumptive fee calculation) emitted from part 
70 sources.
    (ii) The State may exclude from such calculation:
    (A) The actual emissions of sources for which no fee is required 
under paragraph (b)(4) of this section;
    (B) The amount of a part 70 source's actual emissions of each 
regulated pollutant (for presumptive fee calculation) that the source 
emits in excess of four thousand (4,000) tpy;
    (C) A part 70 source's actual emissions of any regulated pollutant 
(for presumptive fee calculation), the emissions of which are already 
included in the minimum fees calculation; or
    (D) The insignificant quantities of actual emissions not required in 
a permit application pursuant to Sec. 70.5(c).
    (iii) ``Actual emissions'' means the actual rate of emissions in 
tons per year of any regulated pollutant (for presumptive fee 
calculation) emitted from a part 70 source over the preceding calendar 
year or any other period determined by the permitting authority to be 
representative of normal source operation and consistent with the fee 
schedule approved pursuant to this section. Actual emissions shall be 
calculated using the unit's actual operating hours, production rates, 
and in-place control equipment, types of materials processed, stored, or 
combusted during the preceding calendar year or such other time period 
established by the permitting authority pursuant to the preceding 
sentence.
    (iv) The program shall provide that the $25 per ton per year used to 
calculate the presumptive minimum amount to be collected by the fee 
schedule, as described in paragraph (b)(2)(i) of this section, shall be 
increased each year by the percentage, if any, by which the Consumer 
Price Index for the most recent calendar year ending before the 
beginning of such year exceeds the Consumer Price Index for the calendar 
year 1989.
    (A) The Consumer Price Index for any calendar year is the average of 
the Consumer Price Index for all-urban consumers published by the 
Department of Labor, as of the close of the 12-month period ending on 
August 31 of each calendar year.
    (B) The revision of the Consumer Price Index which is most 
consistent with the Consumer Price Index for the calendar year 1989 
shall be used.
    (3) The State program's fee schedule may include emissions fees, 
application fees, service-based fees or other types of fees, or any 
combination thereof, to meet the requirements of paragraph (b)(1) or 
(b)(2) of this section. Nothing in the provisions of this section shall 
require a permitting authority to calculate fees on any particular basis 
or in the same manner for all part 70 sources, all classes or categories 
of part 70 sources, or all regulated air pollutants, provided that the 
permitting authority collects a total amount of fees sufficient to meet 
the program support requirements of paragraph (b)(1) of this section.

[[Page 243]]

    (4) Notwithstanding any other provision of this section, during the 
years 1995 through 1999 inclusive, no fee for purposes of title V shall 
be required to be paid with respect to emissions from any affected unit 
under section 404 of the Act.
    (5) The State shall provide a detailed accounting that its fee 
schedule meets the requirements of paragraph (b)(1) of this section if:
    (i) The State sets a fee schedule that would result in the 
collection and retention of an amount less than that presumed to be 
adequate under paragraph (b)(2) of this section; or
    (ii) The Administrator determines, based on comments rebutting the 
presumption in paragraph (b)(2) of this section or on his own 
initiative, that there are serious questions regarding whether the fee 
schedule is sufficient to cover the permit program costs.
    (c) Fee demonstration. The permitting authority shall provide a 
demonstration that the fee schedule selected will result in the 
collection and retention of fees in an amount sufficient to meet the 
requirements of this section.
    (d) Use of Required Fee Revenue. The Administrator will not approve 
a demonstration as meeting the requirements of this section, unless it 
contains an initial accounting (and periodic updates as required by the 
Administrator) of how required fee revenues are used solely to cover the 
costs of meeting the various functions of the permitting program.



Sec. 70.10  Federal oversight and sanctions.

    (a) Failure to submit an approvable program. (1) If a State fails to 
submit a fully-approvable whole part 70 program, or a required revision 
thereto, in conformance with the provisions of Sec. 70.4, or if an 
interim approval expires and the Administrator has not approved a whole 
part 70 program:
    (i) At any time the Administrator may apply any one of the sanctions 
specified in section 179(b) of the Act; and
    (ii) Eighteen months after the date required for submittal or the 
date of disapproval by the Administrator, the Administrator will apply 
such sanctions in the same manner and with the same conditions as are 
applicable in the case of a determination, disapproval, or finding under 
section 179(a) of the Act.
    (2) If full approval of a whole part 70 program has not taken place 
within 2 years after the date required for such submission, the 
Administrator will promulgate, administer, and enforce a whole program 
or a partial program as appropriate for such State.
    (b) State failure to administer or enforce. Any State program 
approved by the Administrator shall at all times be conducted in 
accordance with the requirements of this part and of any agreement 
between the State and the Administrator concerning operation of the 
program.
    (1) Whenever the Administrator makes a determination that a 
permitting authority is not adequately administering or enforcing a part 
70 program, or any portion thereof, the Administrator will notify the 
permitting authority of the determination and the reasons therefore. The 
Administrator will publish such notice in the Federal Register.
    (2) If, 90 days after issuing the notice under paragraph (c)(1) of 
this section, the permitting authority fails to take significant action 
to assure adequate administration and enforcement of the program, the 
Administrator may take one or more of the following actions:
    (i) Withdraw approval of the program or portion thereof using 
procedures consistent with Sec. 70.4(e) of this part;
    (ii) Apply any of the sanctions specified in section 179(b) of the 
Act;
    (iii) Promulgate, administer, or enforce a Federal program under 
title V of the Act.
    (3) Whenever the Administrator has made the finding and issued the 
notice under paragraph (c)(1) of this section, the Administrator will 
apply the sanctions under section 179(b) of the Act 18 months after that 
notice. These sanctions will be applied in the same manner and subject 
to the same deadlines and other conditions as are applicable in the case 
of a determination, disapproval, or finding under section 179(a) of the 
Act.
    (4) Whenever the Administrator has made the finding and issued the 
notice under paragraph (c)(1) of this section,

[[Page 244]]

the Administrator will, unless the State has corrected such deficiency 
within 18 months after the date of such finding, promulgate, administer, 
and enforce, a whole or partial program 2 years after the date of such 
finding.
    (5) Nothing in this section shall limit the Administrator's 
authority to take any enforcement action against a source for violations 
of the Act or of a permit issued under rules adopted pursuant to this 
section in a State that has been delegated responsibility by EPA to 
implement a Federal program promulgated under title V of the Act.
    (6) Where a whole State program consists of an aggregate of partial 
programs, and one or more partial programs fails to be fully approved or 
implemented, the Administrator may apply sanctions only in those areas 
for which the State failed to submit or implement an approvable program.
    (c) Criteria for withdrawal of State programs. (1) The Administrator 
may, in accordance with the procedures of paragraph (c) of this section, 
withdraw program approval in whole or in part whenever the approved 
program no longer complies with the requirements of this part, and the 
permitting authority fails to take corrective action. Such 
circumstances, in whole or in part, include any of the following:
    (i) Where the permitting authority's legal authority no longer meets 
the requirements of this part, including the following:
    (A) The permitting authority fails to promulgate or enact new 
authorities when necessary; or
    (B) The State legislature or a court strikes down or limits State 
authorities to administer or enforce the State program.
    (ii) Where the operation of the State program fails to comply with 
the requirements of this part, including the following:
    (A) Failure to exercise control over activities required to be 
regulated under this part, including failure to issue permits;
    (B) Repeated issuance of permits that do not conform to the 
requirements of this part;
    (C) Failure to comply with the public participation requirements of 
Sec. 70.7(h) of this part;
    (D) Failure to collect, retain, or allocate fee revenue consistent 
with Sec. 70.9 of this part; or
    (E) Failure in a timely way to act on any applications for permits 
including renewals and revisions.
    (iii) Where the State fails to enforce the part 70 program 
consistent with the requirements of this part, including the following:
    (A) Failure to act on violations of permits or other program 
requirements;
    (B) Failure to seek adequate enforcement penalties and fines and 
collect all assessed penalties and fines; or
    (C) Failure to inspect and monitor activities subject to regulation.
    (d) Federal collection of fees. If the Administrator determines that 
the fee provisions of a part 70 program do not meet the requirements of 
Sec. 70.9 of this part, or if the Administrator makes a determination 
under paragraph (c)(1) of this section that the permitting authority is 
not adequately administering or enforcing an approved fee program, the 
Administrator may, in addition to taking any other action authorized 
under title V of the Act, collect reasonable fees to cover the 
Administrator's costs of administering the provisions of the permitting 
program promulgated by the Administrator, without regard to the 
requirements of Sec. 70.9 of this part.



Sec. 70.11  Requirements for enforcement authority.

    All programs to be approved under this part must contain the 
following provisions:
    (a) Enforcement authority. Any agency administering a program shall 
have the following enforcement authority to address violations of 
program requirements by part 70 sources:
    (1) To restrain or enjoin immediately and effectively any person by 
order or by suit in court from engaging in any activity in violation of 
a permit that is presenting an imminent and substantial endangerment to 
the public health or welfare, or the environment.
    (2) To seek injunctive relief in court to enjoin any violation of 
any program requirement, including permit conditions, without the 
necessity of a prior revocation of the permit.

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    (3) To assess or sue to recover in court civil penalties and to seek 
criminal remedies, including fines, according to the following:
    (i) Civil penalties shall be recoverable for the violation of any 
applicable requirement; any permit condition; any fee or filing 
requirement; any duty to allow or carry out inspection, entry or 
monitoring activities or, any regulation or orders issued by the 
permitting authority. These penalties shall be recoverable in a maximum 
amount of not less than $10,000 per day per violation. State law shall 
not include mental state as an element of proof for civil violations.
    (ii) Criminal fines shall be recoverable against any person who 
knowingly violates any applicable requirement; any permit condition; or 
any fee or filing requirement. These fines shall be recoverable in a 
maximum amount of not less than $10,000 per day per violation.
    (iii) Criminal fines shall be recoverable against any person who 
knowingly makes any false material statement, representation or 
certification in any form, in any notice or report required by a permit, 
or who knowingly renders inaccurate any required monitoring device or 
method. These fines shall be recoverable in a maximum amount of not less 
than $10,000 per day per violation.
    (b) Burden of proof. The burden of proof and degree of knowledge or 
intent required under State law for establishing violations under 
paragraph (a)(3) of this section shall be no greater than the burden of 
proof or degree of knowledge or intent required under the Act.
    (c) Appropriateness of penalties and fines. A civil penalty or 
criminal fine assessed, sought, or agreed upon by the permitting 
authority under paragraph (a)(3) of this section shall be appropriate to 
the violation.



Sec. Appendix A to Part 70--Approval Status of State and Local Operating 
                            Permits Programs

    This appendix provides information on the approval status of State 
and Local operating Permit Programs. An approved State part 70 program 
applies to all part 70 sources, as defined in that approved program, 
within such State, except for any source of air pollution over which a 
federally recognized Indian Tribe has jurisdiction.

                                 Alabama

    (a) Alabama Department of Environmental Management:
    (1) Submitted on December 15, 1993, and supplemented on March 3, 
1994; March 18, 1994; June 5, 1995; July 14, 1995; and August 28, 1995; 
interim approval effective on December 15, 1995; interim approval 
expires on December 1, 2001.
    (2) Revisions submitted on July 19, 1996; April 9, 1997; August 4, 
1999; January 10, 2000; and May 11, 2001. The rule revisions contained 
in the July 19, 1996; January 10, 2000; and May 11, 2001 submittals 
adequately addressed the conditions of the interim approval which 
expires on December 1, 2001. The State is hereby granted final full 
approval effective on November 28, 2001.
    (b) City of Huntsville Division of Natural Resources:
    (1) Submitted on November 15, 1993, and supplemented on July 20, 
1995; interim approval effective on December 15, 1995; interim approval 
expires on December 1, 2001.
    (2) Revisions submitted on March 21, 1997; July 21, 1999; December 
4, 2000; February 22, 2001; April 9, 2001; and September 18, 2001. The 
rule revisions contained in the March 21, 1997; April 9, 2001; and 
September 18, 2001 submittals adequately addressed the conditions of the 
interim approval which expires on December 1, 2001. The City is hereby 
granted final full approval effective on November 28, 2001.
    (c) Jefferson County Department of Health:
    (1) Submitted on December 14, 1993, and supplemented on July 14, 
1995; interim approval effective on December 15, 1995; interim approval 
expires on December 1, 2001.
    (2) Revisions submitted on February 5, 1998; September 20, 1999; 
August 8, 2000; March 30, 2001; May 18, 2001; and September 11, 2001. 
The rule revisions contained in the August 8, 2000; May 18, 2001; and 
September 11, 2001 submittals adequately addressed the conditions of the 
interim approval which expires on December 1, 2001. The County is hereby 
granted final full approval effective on November 28, 2001.

                                 Alaska

    (a) Alaska Department of Environmental Conservation: submitted on 
May 31, 1995, as supplemented by submittals on August 16, 1995, February 
6, 1996, February 27, 1996, July 5, 1996, August 2, 1996, and October 
17, 1996; interim approval effective on December 5, 1996; revisions 
submitted on June 5, 1996, October 3, 1996, August 25, 1998, and May 24, 
1999; full approval effective on November 30, 2001.
    (b) (Reserved)

[[Page 246]]

                                 Arizona

    (a) Arizona Department of Environmental Quality:
    (1) Submitted on November 15, 1993 and amended on March 14, 1994; 
May 17, 1994; March 20, 1995; May 4, 1995; July 22, 1996; and August 12, 
1996; interim approval effective on November 29, 1996; interim approval 
expires December 1, 2001.
    (2) Revisions submitted on August 11, 1998, May 9, 2001 and 
September 7, 2001. Full approval is effective on November 30, 2001.
    (b) Maricopa County Environmental Services Department:
    (1) Submitted on November 15, 1993 and amended on December 15, 1993; 
January 13, 1994; March 9, 1994; and March 21, 1995; July 22, 1996; and 
August 12, 1996; interim approval effective on November 29, 1996; 
interim approval expires December 1, 2001.
    (2) Revisions submitted on September 7, 2001. Full approval is 
effective on November 30, 2001.
    (c) Pima County Department of Environmental Quality:
    (1) Submitted on November 15, 1993 and amended on December 15, 1993; 
January 27, 1994; April 6, 1994; April 8, 1994; August 14, 1995; July 
22, 1996; August 12, 1996; interim approval effective on November 29, 
1996; interim approval expires December 1, 2001.
    (2) Revisions submitted on January 14, 1997; February 26, 1997; July 
17, 1997; July 25, 1997; November 7, 1997; approval effective October 
23, 1998; interim approval expires December 1, 2001.
    (3) Revisions submitted on May 30, 1998 and November 9, 2001. Full 
approval is effective on November 30, 2001.
    (d) Pinal County Air Quality Control District:
    (1) submitted on November 15, 1993 and amended on August 16, 1994; 
August 15, 1995; July 22, 1996; and August 12, 1996; interim approval 
effective on November 29, 1996; interim approval expires December 1, 
2001.
    (2) revisions submitted on August 15, 1995; interim approval 
effective on December 30, 1996; interim approval expires December 1, 
2001.
    (3) revisions submitted on September 18, 2001. Full approval is 
effective on November 30, 2001.

                                Arkansas

    (a) The ADPCE submitted its Operating Permits program on November 9, 
1993, for approval. Interim approval is effective on October 10, 1995. 
Interim approval will expire December 1, 2001.
    (b) The Arkansas Department of Environmental Quality submitted 
program revisions on August 4, 2000. The rule revisions adequately 
addressed the conditions of the interim approval effective on October 
10, 1995, and which would expire on December 1, 2001. The State is 
hereby granted final full approval effective on December 10, 2001.
    (c) The Arkansas Department of Environmental Quality; submitted its 
operating permits program revisions on October 24, 2002: the Arkansas 
Operating Permit Program Regulation 26, effective November 8, 2004.

                               California

    The following district programs were submitted by the California Air 
Resources Board on behalf of:
    (a) Amador County Air Pollution Control District (APCD):
    (1) Complete submittal received on September 30, 1994; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on April 10, 2001. Amador County Air 
Pollution Control District was granted final full approval effective on 
November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (b) Bay Area Air Quality Management District (AQMD):
    (1) Submitted on November 16, 1993, amended on October 27, 1994, and 
effective as an interim program on July 24, 1995. Revisions to interim 
program submitted on March 23, 1995, and effective on August 22, 1995, 
unless adverse or critical comments are received by July 24, 1995. 
Approval of interim program, including March 23, 1995, revisions, 
expires December 1, 2001.
    (2) Revisions were submitted on May 30, 2001. Bay Area Air Quality 
Management District was granted final full approval effective on 
November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (c) Butte County APCD:
    (1) Complete submittal received on December 16, 1993; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on May 17, 2001. Butte County APCD was 
granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (d) Calaveras County APCD:

[[Page 247]]

    (1) Complete submittal received on October 31, 1994; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on July 27, 2001. Calaveras County APCD 
was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revisions submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (e) Colusa County APCD:
    (1) Complete submittal received on February 24, 1994; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on August 22, 2001 and October 10, 
2001. Colusa County APCD was granted final full approval effective on 
November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (f) El Dorado County APCD:
    (1) Complete submittal received on November 16, 1993; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on August 16, 2001. El Dorado County 
APCD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (g) Feather River AQMD:
    (1) Complete submittal received on December 27, 1993; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on May 22, 2001. Feather River AQMD was 
granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (h) Glenn County APCD:
    (1) Complete submittal received on December 27, 1993; interim 
approval effective on August 14, 1995; interim approval expires December 
1, 2001.
    (2) Revisions were submitted on September 13, 2001. Glenn County 
APCD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (i) Great Basin Unified APCD:
    (1) Complete submittal received on January 12, 1994; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on May 18, 2001. Great Basin Unified 
APCD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (j) Imperial County APCD:
    (1) Complete submittal received on March 24, 1994; interim approval 
effective on June 2, 1995; interim approval expires December 1, 2001.
    (2) Revisions were submitted on August 2, 2001. Imperial County APCD 
was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (k) Kern County APCD:
    (1) Complete submittal received on November 16, 1993; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on May 24, 2001. Kern County APCD was 
granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (l) Lake County AQMD:
    (1) Complete submittal received on March 15, 1994; interim approval 
effective on August 14, 1995; interim approval expires December 1, 2001.
    (2) Revisions were submitted on June 1, 2001. Lake County AQMD was 
granted final full approval effective on November 30, 2001.

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    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (m) Lassen County APCD:
    (1) Complete submittal received on January 12, 1994; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on August 2, 2001. Lassen County APCD 
was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (n) Mariposa County APCD:
    (1) Submitted on March 8, 1995; approval effective on February 5, 
1996 unless adverse or critical comments are received by January 8, 
1996. Interim approval expires on December 1, 2001.
    (2) Revisions were submitted on September 20, 2001. Mariposa County 
APCD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (o) Mendocino County APCD:
    (1) Complete submittal received on December 27, 1993; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on April 13, 2001. Mendocino County 
APCD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (p) Modoc County APCD:
    (1) Complete submittal received on December 27, 1993; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on September 12, 2001. Modoc County 
APCD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (q) Mojave Desert AQMD:
    (1) Complete submittal received on March 10, 1995; interim approval 
effective on March 6, 1996; interim approval expires December 1, 2001.
    (2) Revisions were submitted on June 4, 2001 and July 11, 2001. 
Mojave Desert AQMD was granted final full approval effective on November 
30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (r) Monterey Bay Unified Air Pollution Control District:
    (1) Submitted on December 6, 1993, supplemented on February 2, 1994 
and April 7, 1994, and revised by the submittal made on October 13, 
1994; interim approval effective on November 6, 1995; interim approval 
expires December 1, 2001.
    (2) Revisions were submitted on May 9, 2001. Monterey Bay Unified 
Air Pollution Control District was granted final full approval effective 
on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (s) North Coast Unified AQMD:
    (1) Complete submittal received on February 24, 1994; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on May 24, 2001. North Coast Unified 
AQMD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (t) Northern Sierra AQMD:
    (1) Complete submittal received on June 6, 1994; interim approval 
effective on June 2, 1995; interim approval expires December 1, 2001.
    (2) Revisions were submitted on May 24, 2001. Northern Sierra AQMD 
was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.

[[Page 249]]

    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (u) Northern Sonoma County APCD:
    (1) Complete submittal received on January 12, 1994; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on May 21, 2001. Northern Sonoma APCD 
was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (v) Placer County APCD:
    (1) Complete submittal received on December 27, 1993; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on May 4, 2001. Placer County APCD was 
granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (w) The Sacramento Metropolitan Air Quality Management District:
    (1) Complete submittal received on August 1, 1994; interim approval 
effective on September 5, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on June 1, 2001. The Sacramento 
Metropolitan Air Quality Management District was granted final full 
approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (x) San Diego County Air Pollution Control District:
    (1) Submitted on April 22, 1994 and amended on April 4, 1995 and 
October 10, 1995; approval effective on February 5, 1996, unless adverse 
or critical comments are received by January 8, 1996. Interim approval 
expires on December 1, 2001.
    (2) Revisions were submitted on June 4, 2001. The San Diego County 
Air Pollution Control District was granted final full approval effective 
on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (5) Revisions were submitted on August 19, 2003, effective February 
27, 2004.
    (y) San Joaquin Valley Unified APCD:
    (1) Complete submittal received on July 5 and August 18, 1995; 
interim approval effective on May 24, 1996; interim approval expires May 
25, 1998. Interim approval expires on December 1, 2001.
    (2) Revisions were submitted on June 29, 2001. San Joaquin Valley 
Unified APCD was granted final full approval effective on November 30, 
2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (z) San Luis Obispo County APCD:
    (1) Complete submittal received on November 16, 1995; interim 
approval effective on December 1, 1995; interim approval expires 
December 1, 2001.
    (2) Revisions were submitted on May 18, 2001. San Luis Obispo County 
APCD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (aa) Santa Barbara County APCD:
    (1) Submitted on November 15, 1993, as amended March 2, 1994, August 
8, 1994, December 8, 1994, June 15, 1995, and September 18, 1997; 
interim approval effective on December 1, 1995; interim approval expires 
on December 1, 2001.
    (2) Revisions were submitted on April 5, 2001. Santa Barbara County 
APCD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (bb) Shasta County AQMD:
    (1) Complete submittal received on November 16, 1993; interim 
approval effective on August 14, 1995; interim approval expires December 
1, 2001.
    (2) Revisions were submitted on May 18, 2001. Shasta County AQMD was 
granted final full approval effective on November 30, 2001.

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    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (cc) Siskiyou County APCD:
    (1) Complete submittal received on December 6, 1993; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on September 28, 2001. Siskiyou County 
APCD was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (dd) South Coast Air Quality Management District:
    (1) Submitted on December 27, 1993 and amended on March 6, 1995, 
April 11, 1995, September 26, 1995, April 24, 1996, May 6, 1996, May 23, 
1996, June 5, 1996 and July 29, 1996; approval effective on March 31, 
1997. Interim approval expires on December 1, 2001.
    (2) Revisions were submitted on August 2, 2001 and October 2, 2001. 
South Coast AQMD was granted final full approval effective on November 
30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (ee) Tehama County APCD:
    (1) Complete submittal received on December 6, 1993; interim 
approval effective on August 14, 1995; interim approval expires December 
1, 2001.
    (2) Revisions were submitted on June 4, 2001. Tehama County APCD was 
granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (ff) Tuolumne County APCD:
    (1) Complete submittal received on November 16, 1993; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on July 18, 2001. Tuolumne County APCD 
was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (gg) Ventura County APCD:
    (1) Submitted on November 16, 1993, as amended December 6, 1993; 
interim approval effective on December 1, 1995; interim approval expires 
December 1, 2001.
    (2) Revisions were submitted on May 21, 2001. Ventura County APCD 
was granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (hh) Yolo-Solano AQMD:
    (1) Complete submittal received on October 14, 1994; interim 
approval effective on June 2, 1995; interim approval expires December 1, 
2001.
    (2) Revisions were submitted on May 9, 2001. Yolo-Solano AQMD is 
hereby granted final full approval effective on November 30, 2001.
    (3) Approval is withdrawn for state-exempt major stationary 
agricultural sources, effective on November 14, 2002.
    (4) Revision submitted on November 7, 2003 containing approved 
program for major stationary agricultural sources, effective on January 
1, 2004.
    (ii) Antelope Valley APCD:
    (1) Complete submittal received on January 26, 1999; interim 
approval effective January 18, 2001; interim approval expires January 
21, 2003.
    (2) Revisions were submitted on October 22, 2001 and June 17, 2002. 
Due to unresolved deficiency of state-exempt major stationary 
agricultural sources, interim approval expired for all major stationary 
sources, effective January 21, 2003.
    (3) Revision submitted on November 7, 2003 containing program for 
major stationary agricultural sources, effective on January 1, 2004.

                                Colorado

    (a) Colorado Department Health-Air Pollution Control Division: 
submitted on November 5, 1993; effective on February 23, 1995; interim 
approval expires December 1, 2001.
    (b) The Colorado Department of Public Health and Environment--Air 
Pollution Control Division submitted an operating permits program on 
November 5, 1993; interim approval effective on February 23, 1995; 
revised June 24, 1997; full approval effective on October 16, 2000.

[[Page 251]]

                               Connecticut

    (a) Department of Environmental Protection: submitted on September 
28, 1995; interim approval effective on April 23, 1997; revised program 
submitted on January 11, 2002; full approval effective May 31, 2002.
    (b) [Reserved]

                                Delaware

    (a) Department of Natural Resources and Environmental Control: 
submitted on November 15, 1993 and amended on November 22, 1993, 
February 9, 1994, May 15, 1995 and September 5, 1995; interim approval 
effective on January 3, 1996; interim approval expires December 1, 2001.
    (b) The Delaware Department of Natural Resources and Environmental 
Control submitted program amendments on November 14, 2000 and November 
20, 2000. The rule amendments contained in the November 14, 2000 and 
November 20, 2000 submittals adequately addressed the conditions of the 
interim approval effective on January 3, 1996. The State is hereby 
granted final full approval effective on November 19, 2001.
    (c) The Delaware Department of Natural Resources and Environmental 
Control submitted program amendment on May 18, 2004. This rule amendment 
contained in the May 18, 2004 submittal is necessary to make the current 
definition as stringent as the corresponding provision of 40 CFR part 
70, which went into effect on November 27, 2001. The State is hereby 
granted approval effective on February 5, 2007.

                          District of Columbia

    (a) Environmental Regulation Administration: submitted on January 
13, 1994 and March 11, 1994; interim approval effective on September 6, 
1995; interim approval expires December 1, 2001.
    (b) The District of Columbia Department of Health submitted 
operating permit program amendments on May 21, 2001, August 30, 2001, 
and September 26, 2001. The rule amendments contained in the May 21, 
2001, August 30, 2001, and September 26, 2001 submittals adequately 
addressed the conditions of the interim approval effective on September 
6, 1995. The District of Columbia is hereby granted final full approval 
effective on November 30, 2001.
    (c) The District of Columbia Department of Health submitted program 
amendments on April 4, 2003. The rule amendments contained in the April 
4, 2003 submittal adequately addressed the deficiency identified in the 
Notice of Deficiency effective on December 13, 2001. The District of 
Columbia hereby maintains final full approval effective on June 2, 2003.

                                 Florida

    (a) Florida Department of Environmental Protection: submitted on 
November 16, 1993, and supplemented on July 8, 1994, November 28, 1994, 
December 21, 1994, December 22, 1994, and January 11, 1995; interim 
approval effective on October 25, 1995; interim approval expires 
December 1, 2001.
    (b) The Florida Department of Environmental Protection submitted 
program revisions on April 29, 1996, February 11, 1998, June 11, 1998, 
April 9, 1999 (two submittals), July 1, 1999, and October 1, 1999. The 
rule revisions contained in the April 29, 1996, February 11, 1998, June 
11, 1998, April 9, 1999, July 1, 1999, and October 1, 1999 submittals 
adequately addressed the conditions of the interim approval effective on 
October 25, 1995, and which would expire on December 1, 2001. The 
State's operating permits program is hereby granted final full approval 
effective on October 31, 2001.

                                 Georgia

    (a) The Georgia Department of Natural Resources submitted on 
November 12, 1993, and supplemented on June 24, 1994; November 14, 1994; 
and June 5, 1995; interim approval effective on December 22, 1995; 
interim approval expires December 1, 2001.
    (b) The Georgia Department of Natural Resources submitted program 
revisions on March 10, 1997, February 11, 1998, September 30, 1999, 
November 15, 1999, and January 11, 2000. The rule revisions contained in 
the February 11, 1998 submittal adequately addressed the conditions of 
the interim approval effective on December 22, 1995, and which would 
expire on June 1, 2000. The State is hereby granted final full approval 
effective on August 7, 2000.

                                 Hawaii

    (a) Department of Health; submitted on December 20, 1993; effective 
on December 1, 1994; interim approval expires December 1, 2001.
    (b) Revisions were submitted on September 21, 2001. The rule 
amendments contained in the September 21, 2001 submittal adequately 
addressed the conditions of the interim approval effective on December 
1, 1994. The Department of Health, State of Hawaii, is hereby granted 
final full approval effective on November 30, 2001.
    (c) Department of Health: Program revisions submitted on November 
14, 2003; submittal corrects the deficiency outlined in an April 1, 2002 
Notice of Deficiency. These revisions are hereby granted full approval 
effective June 19, 2007.

                                  Idaho

    (a) Idaho Division of Environmental Quality: submitted on January 
20, 1995, and supplemented on July 14, 1995, September 15,

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1995, and January 12, 1996; interim approval effective on January 6, 
1997; revisions submitted on July 9, 1998, May 25, 1999, and March 15, 
2001; full approval effective on November 5, 2001.
    (b) Reserved.

                                Illinois

    (a) The Illinois Environmental Protection Agency: submitted on 
November 15, 1993; interim approval effective on March 7, 1995; interim 
approval expires December 1, 2001.
    (b) The Illinois Environmental Protection Agency: program revisions 
submitted on May 31, 2001; submittal adequately addressed the conditions 
of the interim approval which expires on December 1, 2001. Illinois is 
hereby granted final full approval effective November 30, 2001.

                                 Indiana

    (a) The Indiana Department of Environmental Management: submitted on 
August 10, 1994; interim approval effective on December 14, 1995; 
interim approval expires December 1, 2001.
    (b) The Indiana Department of Environmental Management: Program 
revisions submitted on May 22, 1996; submittal adequately addressed the 
conditions of the interim approval which expires on December 1, 2001. 
Indiana is hereby granted final full approval effective November 30, 
2001.
    (c) The Indiana Department of Environmental Management: program 
revisions submitted on February 7, 2002. These revisions are hereby 
granted final approval effective June 17, 2002.

                                  Iowa

    (a) The Iowa Department of Natural Resources submitted on November 
15, 1993, and supplemented by correspondence dated March 15, 1994; 
August 8, 1994; October 5, 1994; December 6, 1994; December 15, 1994; 
February 6, 1995; March 1, 1995; March 23, 1995; and May 26, 1995. 
Interim approval effective on October 2, 1995; interim approval expires 
October 1, 1998.
    (b) The Iowa Department of Natural Resources submitted a revised 
workload analysis dated April 3, 1997. This fulfills the final condition 
of the interim approval effective on October 2, 1995, and which would 
expire on October 1, 1997. The state is hereby granted final full 
approval effective September 12, 1997.
    (c) The Iowa Department of Natural Resources submitted for program 
approval rules 567-22.100 through 567-22.116 and 567-22.300 on August 7, 
2000, rules 567-22.201, 567-22.203, and 567-22.300 (except 
22.300(7)(``c'')) on January 29, 2001, and 567-22.100 and 567-22.106 on 
July 18, 2001. These revisions to the Iowa program are approved 
effective May 3, 2002.
    (d) The Iowa Department of Natural Resources (IDNR) submitted 
amendments to Iowa Rule, 567 Iowa Administrative Code (IAC) 22.108(3), 
as a revision to the Iowa Title V operating permits program on August 
31, 2001, effective August 15, 2001. The amendments incorporate existing 
periodic monitoring guidance and adopt by reference compliance assurance 
monitoring requirements. The IDNR submitted a supplement regarding these 
amendments on November 7, 2001, clarifying IDNR's authority to establish 
periodic monitoring on a case-by-case basis. This revision to the Iowa 
program is effective April 15, 2002.
    (e) The Iowa Department of Natural Resources submitted for program 
approval rules ``567-22.100,'' ``567-22.101,'' ``567-22.201,'' and 
``567-22.300'' on April 25, 2002. The state effective date of these 
rules is April 24, 2002. These revisions to the Iowa program are 
approved effective May 6, 2003.
    (f) The Iowa Department of Natural Resources submitted for program 
approval rules 567-22.100, 567-22.103 on July 17, 2002, and rules 567-
22.105, 567-22.113, on March 11, 2002. These revisions to the Iowa 
program are approved effective November 17, 2003.
    (g) The Iowa Department of Natural Resources submitted for program 
approval rule 567-22.100(455B) on April 20, 2004. The state effective 
date is January 15, 2003. We are approving this program revision 
effective September 27, 2004.
    (h) The Iowa Department of Natural Resources submitted for program 
approval rules 567-22.100, 567-22.101(2), 567-22.102, 567-22.105(1), 
567-22.108(17)``a''(2), 567-22.209 and 567-22.300(12) on July 18, 2005. 
The state effective date was July 13, 2005. These revisions to the Iowa 
program are approved effective February 21, 2006.
    (i) The Iowa Department of Natural Resources submitted for program 
approval rules 567-22.105(2), 567-22.106(6), 567-22.201(2), 567-
22.300(3) on April 19, 2007. The state effective date was April 4, 2007. 
These revisions to the Iowa program are approved effective December 17, 
2007.
    (j) The Iowa Department of Natural Resources submitted for program 
approval rule 567-22.100(455B) on April 8, 2008. The state effective 
date was March 19, 2008. These revisions to the Iowa program are 
approved effective October 24, 2008.

                                 Kansas

    (a) The Kansas Department of Health and Environment program 
submitted on December 12, 1994; April 7 and 17, 1995; November 14, 1995; 
and December 13, 1995. Full approval effective on February 29, 1996.
    (b) The Kansas Department of Health and the Environment approved 
revisions to the Kansas Administrative Record (K.A.R.), 28-19-202 and 
28-19-517, which became effective

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on March 23, 2001, and February 28, 1998, respectively. These revisions 
were submitted on June 25, 2001. We are approving these program 
revisions effective October 6, 2003.
    (c) The Kansas Department of Health and Environment approved this 
revision to the Kansas Administrative Regulations, 28-19-202, as a 
revision to the Kansas Title V Operating Permits Program, which became 
effective on January 30, 2004. This revision was submitted on April 22, 
2004. We are approving this program revision effective September 27, 
2004.
    (d) The Kansas Department of Health and Environment submitted for 
program approval rule K.A.R. 28-19-517 on January 27, 2006. The state 
effective date was September 23, 2005. This revision to the Kansas 
program is approved effective April 8, 2008.

                                Kentucky

    (a)(1) Kentucky Natural Resources and Environmental Protection 
Cabinet: Submitted on December 27, 1993, and supplemented on November 
15, 1994, April 14, 1995, May 3, 1995, and May 22, 1995; interim 
approval expires on December 1, 2001.
    (2) Revision submitted on February 13, 2001. Rule revisions 
contained in the February 13, 2001 submittal adequately addressed the 
conditions of the interim approval which expires on December 1, 2001. 
The Commonwealth is hereby granted final full approval effective on 
November 30, 2001.
    (b)(1) Air Pollution Control District of Jefferson County: submitted 
on January 31, 1994, and supplemented on March 9, 1994, June 15, 1994, 
July 15, 1994, July 14, 1995, August 9, 1995, August 10, 1995, and 
February 16, 1996; full approval effective on April 22, 1996.
    (2) Revisions submitted on February 20, 1998, January 11, 1999, 
September 30, 1999, March 17, 2000, March 21, 2001, and October 23, 
2001; full approval of revisions effective on April 22, 2002.

                                Louisiana

    (a) The Louisiana Department of Environmental Quality, Air Quality 
Division submitted an Operating Permits program on November 15, 1993, 
which was revised November 10, 1994, and became effective on October 12, 
1995.
    (b) [Reserved]

                                  Maine

    (a) Department of Environmental Protection: submitted on October 23, 
1995; source-category limited interim approval effective on March 24, 
1997; full approval effective December 17, 2001.
    (b) [Reserved]

                                Maryland

    (a) Maryland Department of the Environment: submitted on May 9, 
1995; interim approval effective on August 2, 1996; interim approval 
expires December 1, 2001.
    (b) The Maryland Department of Environmental Quality submitted 
operating permit program amendments on July 15, 2002. The program 
amendments contained in the July 15, 2002 submittal adequately addressed 
the conditions of the interim approval effective on August 2, 1996. The 
State is hereby granted final full approval effective on February 14, 
2003.
    (c) The Maryland Department of the Environment submitted an 
operating permit program amendment on February 13, 2007. The program 
amendment contained in the February 13, 2007 submittal will update 
Maryland's existing incorporation by reference citations to the Federal 
Acid Rain Program. The state is hereby granted approval effective on 
June 25, 2007.

                              Massachusetts

    (a) Department of Environmental Protection: submitted on April 28, 
1995; interim approval effective on May 15, 1996; interim approval 
expires December 1, 2001.
    (b) The Massachusetts Department of Environmental Services submitted 
program revisions on November, 19, 1996 and May 11, 2001. EPA is hereby 
granting Massachusetts full approval effective on November 27, 2001.

                                Michigan

    (a)(1) Department of Environmental Quality: received on May 16, 
1995, July 20, 1995, October 6, 1995, November 7, 1995, and January 8, 
1996; interim approval effective on February 10, 1997; interim approval 
expires December 1, 2001.
    (2) Interim approval revised to provide for a 4 year initial permit 
issuance schedule under source category limited (SCL) interim approval, 
pursuant to the Department of Environmental Quality's request received 
on April 18, 1997. SCL interim approval effective on July 18, 1997.
    (3) Department of Environmental Quality: interim approval 
corrections submitted on June 1, 2001 and September 20, 2001; submittals 
adequately address the conditions of the interim approval which expires 
on December 1, 2001. Based on these corrections, Michigan is hereby 
granted final full approval effective on November 30, 2001.
    (4) Department of Environmental Quality: Program revisions submitted 
on May 7, 2003, May 21, 2003, and August 18, 2003, including Michigan 
Administrative Rule 336.1216; submittals satisfactorily address EPA's 
Notice of Program Deficiency, published on December 11, 2001 (66 FR 
64038). Final full approval of these revisions is effective December 10, 
2003.
    (b) (Reserved)

[[Page 254]]

                                Minnesota

    (a) The Minnesota Pollution Control Agency: submitted on November 
15, 1993; interim approval effective on July 16, 1995; interim approval 
expires December 1, 2001.
    (b) The Minnesota Pollution Control Agency: Program revisions 
submitted on June 9, 2000, July 21, 2000, June 12, 2001; Rule revisions 
contained in the submittals adequately addressed the conditions of the 
interim approval which expires on December 1, 2001. Minnesota is hereby 
granted final full approval effective November 30, 2001.
    (c) [Reserved]

                               Mississippi

    (a) Department of Environmental Quality: submitted on November 15, 
1993; full approval effective on January 27, 1995.
    (b) [Reserved]

                                Missouri

    (a) The Missouri Department of Natural Resources program submitted 
on January 13, 1995; August 14, 1995; September 19, 1995; and October 
16, 1995. Interim approval effective on May 13, 1996. Interim approval 
expires on September 13, 1998.
    (b) The Missouri Department of Natural Resources program submitted 
on January 13, 1995; August 14, 1995; September 19, 1995; October 16, 
1995; and August 6, 1996.
    Full approval effective June 13, 1997.
    (c) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.110, ``Submission of Emission Data, Emission Fees, and 
Process Information,'' on February 1, 1996, approval effective September 
25, 1997.
    (d) The Missouri Department of Natural Resources submitted on May 
28, 1998, revisions to Missouri Rules 10 CSR 10-6.020, ``Definitions and 
Common Reference Tables,'' and 10 CSR 10-6.065, ``Operating Permits.'' 
Effective date was April 30, 1998.
    (e) The Missouri Department of Natural Resources submitted on July 
8, 1999, revisions to Missouri rules 10 CSR 10-6.110, ``Submission of 
Emission Data, Emission Fees, and Process Information,'' effective on 
December 30, 1998.
    (f) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.020, ``Definitions and Common Reference Tables,'' on 
September 30, 1999, approval effective May 30, 1999.
    (g) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.110, Submission of Emission Data, Emission Fees, and 
Process Information on May 22, 2000, approval effective December 26, 
2000.
    (h) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.065, ``Operating Permits,'' on June 8, 2000, approval 
effective May 22, 2001.
    (i) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.020, ``Definitions and Common Reference Tables,'' on 
July 31, 2000, approval effective May 22, 2001.
    (j) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.110, ``Submission of Emission Data, Emission Fees, and 
Process Information'' on November 27, 2000, approval effective October 
5, 2001.
    (k) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.110, ``Submission of Emission Data, Emission Fees, and 
Process Information'' on December 27, 2001, approval effective April 22, 
2002.
    (l) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.065, ``Operating Permits'' on May 30, 2002, approval 
effective October 28, 2002.
    (m) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.110, ``Submission of Emission Data, Emission Fees, and 
Process Information'' on September 9, 2002, approval effective January 
21, 2003.
    (n) The Missouri Department of Natural Resources submitted Missouri 
rule 10 CSR 10-6.065, ``Operating Permits,'' on May 6, 2003, approval 
effective November 17, 2003.
    (o) The Missouri Department of Natural Resources submitted revisions 
to Missouri rule 10 CSR 10-6.110, ``Submission of Emission Data, 
Emission Fees, and Process Information'' on December 16, 2003, approval 
of section (3)(D) effective February 15, 2005.
    (p) The Missouri Department of Natural Resources submitted revisions 
to Missouri rule 10 CSR 10-6.110, ``Submission of Emission Data, 
Emission Fees, and Process Information'' on December 8, 2004, approval 
of section (3)(D) effective July 1, 2005.
    (q) The Missouri Department of Natural Resources submitted revisions 
to Missouri rule 10 CSR 10-6.110, ``Submission of Emission Data, 
Emission Fees, and Process Information'' on January 5, 2006, approval of 
section (3)(D) effective July 11, 2006.
    (r) The Missouri Department of Natural Resources submitted revisions 
to Missouri rule 10 CSR 10-6.020, ``Definitions and Common Reference 
Tables,'' on June 30, 2004, approval effective August 10, 2006.
    (s) The Missouri Department of Natural Resources submitted revisions 
to Missouri rule 10 CSR 10-6.020, ``Definitions and Common Reference 
Tables,'' on March 13, 2006, approval effective January 4, 2007.
    (t) The Missouri Department of Natural Resources submitted revisions 
to Missouri rule 10 CSR 10-6.065, ``Operating Permits'' on January 3, 
2006. We are approving this rule except for Section (4) which relates to 
the State Basic Operating Permits. This approval is effective April 23, 
2007.

[[Page 255]]

    (u) The Missouri Department of Natural Resources submitted revisions 
to Missouri rule 10 CSR 10-6.110, ``Submission of Emission Data, 
Emission Fees, and Process Information'' on December 11, 2006; approval 
of sections (3)(D)1., (3)(D)2.E., and (3)(D)2.F. effective May 8, 2007.
    (v) The Missouri Department of Natural Resources submitted revisions 
to Missouri rule 10 CSR 10-6.110, ``Submission of Emission Data, 
Emission Fees, and Process Information'' on December 21, 2007; approval 
of section (3)(D) effective November 14, 2008.
    (w) The Missouri Department of Natural Resources submitted revisions 
to Missouri rule 10 CSR 10-6.020, ``Definitions and Common Reference 
Tables,'' on September 5, 2008, approval effective May 14, 2009.

                                 Montana

    (a) Montana Department of Health and Environmental Sciences--Air 
Quality Division: submitted on March 29, 1994; effective on June 12, 
1995; interim approval expires December 1, 2001.
    (b) The Montana Department of Environmental Quality submitted an 
operating permits program on March 29, 1994; effective on June 12, 1995; 
revised January 15, 1998, and March 17, 2000; full approval effective on 
January 22, 2001.

   Nebraska; City of Omaha; Lincoln-Lancaster County Health Department

    (a) The Nebraska Department of Environmental Quality submitted on 
November 15, 1993, supplemented by correspondence dated November 2, 
1994, and August 29, 1995, and amended Title V rules submitted June 14, 
1995.
    (b) Omaha Public Works Department submitted on November 15, 1993, 
supplemented by correspondence dated April 18, 1994; April 19, 1994; May 
13, 1994; August 12, 1994; and April 13, 1995. A delegation contract 
between the state and the city of Omaha became effective on June 6, 
1995.
    (c) Lincoln-Lancaster County Health Department submitted on November 
12, 1993, supplemented by correspondence dated June 23, 1994. Full 
approval effective on November 17, 1995.
    (d) The Nebraska Department of Environmental Quality submitted the 
following program revisions on August 20, 1999; NDEQ Title 129, Chapters 
1, 2, 5, 6, 7, 8, 10, 29, and 41; City of Omaha Ordinance No. 34492, 
amended section 41-2, and LLCHD Articles 2-1, 2-2, 2-5, 2-6, 2-7, 2-8, 
and 2-15, effective February 22, 2000.
    (e) The Nebraska Department of Environmental Quality submitted the 
following program revisions on June 29, 2001; NDEQ Title 129, Chapters 1 
and 41, effective December 15, 1998; and NDEQ Title 129, Chapters 1, 7, 
8, and 31, effective on August 22, 2000.
    (f) The Nebraska Department of Environmental Quality submitted the 
following program revisions on May 10, 2002, NDEQ Title 129, Chapters 1, 
5, 6, and 29; and on November 5, 2002, NDEQ Title 129, Chapters 1, 2, 5, 
6, and 31, approval effective September 8, 2003.
    (g) The Nebraska Department of Environmental Quality approved 
revisions to NDEQ Title 129, chapters 1, 5, 6, and appendix III (which 
codifies its prior Federally approved Insignificant Activities List) on 
September 5, 2002, which became effective on November 20, 2002. These 
revisions were submitted on May 1, 2003. We are approving these program 
revisions effective November 4, 2003.
    (h) The Nebraska Department of Environmental Quality approved a 
revision to NDEQ Title 129, appendix III, on November 19, 2003, which 
became effective November 24, 2003. This revision was submitted on June 
4, 2004. We are approving this program revision effective May 31, 2005.
    (i) The Nebraska Department of Environmental Quality approved a 
revision to NDEQ Title 129, Appendix III on May 2, 2005, which became 
effective May 7, 2005. This revision was submitted on October 20, 2005. 
We are approving this program revision effective September 8, 2006.

                                 Nevada

    The following district program was submitted by the Nevada Division 
of Environmental Protection on behalf of:
    (a) Nevada Division of Environmental Protection:
    (1) Submitted on February 8, 1995; interim approval effective on 
January 11, 1996; interim approval expires December 1, 2001.
    (2) Revisions submitted on May 30, 2001. Full approval is effective 
on November 30, 2001.
    (b) Washoe County District Health Department:
    (1) Submitted on November 18, 1993; interim approval effective on 
March 6, 1995; interim approval expires December 1, 2001.
    (2) Revisions submitted on May 8, 2001. Full approval is effective 
on November 30, 2001.
    (c) Clark County Department of Air Quality Management:
    (1) Submitted on January 12, 1994 and amended on July 18 and 
September 21, 1994; interim approval effective on August 14, 1995; 
interim approval expires on December 1, 2001.
    (2) Revisions submitted on June 1, 2001. Full approval is effective 
on November 30, 2001.
    (3) Revisions were submitted on February 23, 2004, effective October 
1, 2004.

                              New Hampshire

    (a) Department of Environmental Services: submitted on October 26, 
1995; interim approval effective on December 1, 2001.

[[Page 256]]

    (b) The New Hampshire Department of Environmental Services submitted 
program revisions on May 14, 2001. EPA is hereby granting New Hampshire 
full approval effective on November 23, 2001.

                               New Jersey

    (a) The New Jersey Department of Environmental Protection submitted 
an operating permit program on November 15, 1993, revised on August 10, 
1995, with supplements on August 28, 1995, November 15, 1995, December 
4, 1995, and December 6, 1995; interim approval effective on June 17, 
1996; interim approval expires December 1, 2001.
    (b) The New Jersey State Department of Environmental Protection 
submitted an operating permits program revision request on June 11, 
1998; interim program revision approval effective on July 6, 1999.
    (c) The New Jersey Department of Environmental Protection submitted 
program revisions on September 17, 1999 and May 31, 2001. The rule 
revisions contained in the September 17, 1999 and May 31, 2001 
submittals adequately addressed the conditions of the interim approval 
effective on June 17, 1996, and which would expire on December 1, 2001. 
The State is hereby granted final full approval effective on November 
30, 2001.
    (d) The New Jersey Department of Environmental Protection submitted 
program revisions on October 4, 2006; approval effective August 27, 
2007.

                               New Mexico

    (a) Environment Department; submitted on November 15, 1993; 
effective date on December 19, 1994; interim approval expires on October 
19, 1997.
    (b) City of Albuquerque Environmental Health Department, Air 
Pollution Control Division: submitted on April 4, 1994; effective on 
March 13, 1995; interim approval expires June 10, 1997.
    (c) The New Mexico Environment Department, Air Pollution Control 
Bureau submitted an operating permits program on November 15, 1993, 
which was revised July 31, 1996, and became effective on December 26, 
1996.
    (d) The City of Albuquerque, Environmental Health Department, 
submitted an operating permits program on April 4, 1994, which was 
revised July 31, 1996, and became effective on December 26, 1996.
    (e) The Environmental Department; submitted the following program 
revisions on November 5, 2002: NMAC 20.2.70, effective November 8, 2004.
    (f) Albuquerque/Bernalillo County Air Quality Control Board; 
submitted the following program revisions on May 2, 2003: NMAC 
20.11.42.7, effective November 8, 2004.

                                New York

    (a) The New York State Department of Environmental Conservation 
submitted an operating permits program on November 12, 1993, 
supplemented on June 17, 1996 and June 27, 1996; interim program 
approval effective on December 9, 1996; interim program approval expires 
December 1, 2001.
    (b) [Reserved]
    (c) The New York State Department of Environmental Conservation 
submitted program revisions on June 8, 1998 and October 5, 2001. The 
rule revisions contained in the June 8, 1998 and October 5, 2001 
submittals adequately addressed the conditions of the interim approval 
effective on December 9, 1996, and which would expire on December 1, 
2001. The October 5, 2001 submission consists of rules adopted pursuant 
to New York's emergency rulemaking procedures. The State is hereby 
granted final full approval effective on November 30, 2001.
    (d) The New York State Department of Environmental Conservation 
submitted program revisions on June 8, 1998 and January 2, 2002. The 
rule revisions contained in the June 8, 1998 and January 2, 2002 
submittals adequately addressed the conditions of the interim approval 
effective on December 9, 1996. The State is hereby granted final full 
approval effective on January 31, 2002.

                             North Carolina

    (a)(1) Department of Environment and Natural Resources: submitted on 
November 12, 1993, and supplemented on December 17, 1993, May 31, 1994, 
and August 3, 1994, March 23, 1995, and August 9, 1995; interim approval 
effective on December 15, 1995; interim approval expires June 1, 2000.
    (2) North Carolina Department of Environment and Natural Resources 
submitted program revisions on March 23, 1995, August 16, 1996, March 
19, 1997, July 29, 1998, November 15, 1999, January 21, 2000, June 14, 
2000, and August 28, 2000. The rule revisions contained in the March 23, 
1995, March 19, 1997, January 21, 2000, and August 28, 2000 submittals 
adequately addressed the conditions of the interim approval which would 
expire on December 1, 2001. The State is hereby granted final full 
approval effective on October 1, 2001.
    (b)(1) Forsyth County Environmental Affairs Department: submitted on 
November 12, 1993, and supplemented on May 31, 1994 and November 28, 
1994; interim approval effective on December 15, 1995; interim approval 
expires June 1, 2000.
    (2) Forsyth County submitted program revisions on September 25, 
1995, January 16, 1997, August 1, 1997, April 22, 1998, October 2, 1998, 
February 18, 1999, September 29, 1999, October 26, 1999, and February 
24, 2000. The rule revisions contained in the September 25,

[[Page 257]]

1995, August 1, 1997, and October 26, 1999 submittals adequately 
addressed the conditions of the interim approval which would expire on 
June 1, 2000. The County is hereby granted final full approval effective 
on August 21, 2000.
    (3) [Reserved]
    (c)(1) Mecklenburg County Department of Environmental Protection: 
submitted on November 12, 1993, and supplemented on June 5, 1995; 
interim approval effective on December 15, 1995; interim approval 
expires June 1, 2000.
    (2) Mecklenburg County Department of Environmental Protection 
submitted program revisions on October 11, 1999, November 2, 1999, 
December 8, 1999, December 28, 1999, and July 26, 2000. The rule 
revisions contained in the October 11, 1999, December 8, 1999, December 
28, 1999, and July 26, 2000 submittals adequately addressed the 
conditions of the interim approval which would expire on December 1, 
2001. Mecklenburg County is hereby granted final full approval effective 
on October 1, 2001.
    (d)(1) Western North Carolina Regional Air Pollution Control Agency: 
submitted on November 12, 1993, and supplemented on January 12, 1994, 
September 16, 1994, October 11, 1994, and May 17, 1995; interim approval 
effective on December 15, 1995; interim approval expires June 1, 2000.
    (2) Western North Carolina Regional Air Quality Agency submitted 
program revisions on January 23, 1997, September 29, 1999, November 10, 
1999, January 5, 2000, and August 17, 2000. The rule revisions contained 
in the January 23, 1997, January 5, 2000, and August 17, 2000 submittals 
adequately addressed the conditions of the interim approval which would 
expire on December 1, 2001. Western North Carolina is hereby granted 
final full approval effective on October 1, 2001.

                              North Dakota

    (a) North Dakota State Department of Health and Consolidated 
Laboratories--Environmental Health Section: submitted on May 11, 1994; 
effective on August 7, 1995; interim approval expires June 1, 2000.
    (b) The North Dakota Department of Health, Environmental Health 
Section, submitted an operating permits program on May 11, 1994; interim 
approval effective on August 7, 1995; revised January 1, 1996, September 
1, 1997, September 1, 1998, and August 1, 1999; full approval effective 
on August 16, 1999.
    (c) The North Dakota Department of Health, Environmental Health 
Section submitted the following program revisions on May 1, 2003: NDAC 
33-15-14-06.1(o)(2)(aa), effective November 17, 2003.

                                  Ohio

    (a) Ohio Environmental Protection Agency (OEPA): Submitted on 
November 1, 1993; interim approval effective on December 9, 1994; 
revisions submitted on June 5, 1996, October 3, 1996, August 25, 1998, 
and May 24, 1999; full approval effective on September 12, 2001; 
revision submitted on September 16, 2003; revision approved December 22, 
2003.
    (b) [Reserved]
    (c) The Ohio Environmental Protection Agency submitted an operating 
permits program amendment on March 23, 2007. The program amendment 
contained in the March 23, 2007 submittal will update Ohio's existing 
Acid Rain program. The state is hereby granted approval effective on 
March 25, 2008.

                                Oklahoma

    (a) The Oklahoma Department of Environmental Quality submitted its 
operating permits program on January 12, 1994, for approval. Source 
category--limited interim approval is effective on March 6, 1996. 
Interim approval will expire December 1, 2001.
    (b) The Oklahoma Department of Environmental Quality submitted 
program revisions on July 27, 1998. The rule revisions adequately 
addressed the conditions of the interim approval effective on March 6, 
1996, and which will expire on December 1, 2001. The State is hereby 
granted final full approval effective on November 30, 2001.

                                 Oregon

    (a) Oregon Department of Environmental Quality: submitted on 
November 15, 1993, as amended on November 15, 1994 and June 30 1995; 
full approval effective on November 27, 1995; revisions submitted on 
March 15, 2000; approval of revisions effective on August 9, 2002.
    (b) Lane Regional Air Pollution Authority: submitted on November 15, 
1993, as amended on November 15, 1994, and June 30, 1995; full approval 
effective on November 27, 1995.

                              Pennsylvania

    (a) Pennsylvania Department of Environmental Resources [now known as 
the Pennsylvania Department of Environmental Protection]: submitted on 
May 18, 1995; full approval effective on August 29, 1996.
    (b) The Pennsylvania Department of Environmental Protection 
submitted a request on behalf of the Allegheny County Health Department 
pertaining to operating permit programs in the Commonwealth of 
Pennsylvania. The submission, dated November 9, 1998 and amended March 
1, 2001, includes a request for approval of a partial operating program 
pursuant to 40 CFR part 70 for Allegheny County. The Allegheny County 
Health Department's partial operating permit program is hereby granted 
full approval effective on December 17, 2001.

[[Page 258]]

                               Puerto Rico

    (a) The Puerto Rico Environmental Quality Board submitted an 
operating permits program on November 15, 1993 with supplements on March 
22, 1994 and April 11, 1994 and revised on September 29, 1995; full 
approval effective on March 27, 1996.
    (b) [Reserved]

                              Rhode Island

    (a) Department of Environmental Management: submitted on June 20, 
1995; interim approval effective on July 5, 1996; interim approval 
expires December 1, 2001.
    (b) The Rhode Island Department of Environmental Management 
submitted program revisions on October 1, 1996, January 21, 1999 and 
October 26, 2000. EPA is hereby granting Rhode Island full approval 
effective on November 30, 2001.

                             South Carolina

    (a) Department of Health and Environmental Control: submitted on 
November 12, 1993; full approval effective on July 26, 1995.
    (b) [Reserved]

                              South Dakota

    (a) South Dakota Department of Environment and Natural Resources 
Division of Environmental Regulation: submitted on November 12, 1993; 
effective on April 21, 1995; interim approval expires April 22, 1997.
    (b) [Reserved]

    Editorial Note: At 61 FR 2722, Jan. 29, 1996, appendix A to part 70 
was amended by adding an entry for South Dakota. An entry already exists 
for South Dakota in the 1995 edition of this volume.

                              South Dakota

    (a) South Dakota Department of Environment and Natural Resources--
Division of Environmental Regulations: submitted on November 12, 1993; 
effective on February 28, 1996.
    (b) [Reserved]

                                Tennessee

    (a)(1) Tennessee Department of Environment and Conservation: 
submitted on November 10, 1994, and supplemented on December 5, 1994, 
August 8, 1995, January 17, 1996, January 30, 1996, February 13, 1996, 
April 9, 1996, June 4, 1996, June 12, 1996, July 3, 1996, and July 15, 
1996; interim approval effective on August 28, 1996; interim approval 
expires on December 1, 2001.
    (2) Revisions submitted on July 15, 1997, June 16, 1998, February 5, 
1999, February 24, 1999, March 5, 1999, June 16, 1999, July 2, 1999, 
November 30, 1999, December 30, 1999, August 21, 2000, and October 16, 
2001. The rule revisions contained in the February 5, 1999, February 24, 
1999, March 5, 1999, June 16, 1999, and December 30, 1999, submittals 
adequately addressed the conditions of the interim approval effective on 
August 28, 1996, and which would expire on December 1, 2001. The State's 
operating permit program is hereby granted final full approval effective 
on November 30, 2001.
    (b)(1) Chattanooga-Hamilton County Air Pollution Control Bureau: 
submitted on November 22, 1993, and supplemented on January 23, 1995, 
February 24, 1995, October 13, 1995, and March 14, 1996; full approval 
effective on April 25, 1996.
    (2) [Reserved]
    (c)(1) Knox County Department of Air Quality Management: submitted 
on November 12, 1993, and supplemented on August 24, 1994, January 6, 
1995, January 19, 1995, February 6, 1995, May 23, 1995, September 18, 
1995, September 25, 1995, and March 6, 1996; full approval effective on 
May 30, 1996.
    (2) [Reserved]
    (d)(1) Memphis-Shelby County Health Department: submitted on June 
26, 1995, and supplemented on August 22, 1995, August 23, 1995, August 
24, 1995, January 29, 1996, February 7, 1996, February 14, 1996, March 
5, 1996, and April 10, 1996; interim approval effective on August 28, 
1996; interim approval expires December 1, 2001.
    (2) Revisions submitted on October 11, 1999 and May 2, 2000. The 
rule revisions contained in the May 2, 2000, submittal adequately 
addressed the conditions of the interim approval effective on August 28, 
1996, and which would expire on December 1, 2001. The County's operating 
permit program is hereby granted final full approval effective on 
November 30, 2001.
    (e)(1) Metropolitan Health Department of Nashville-Davidson County: 
submitted on November 13, 1993, and supplemented on April 19, 1994, 
September 27, 1994, December 28, 1994, and December 28, 1995; full 
approval effective on March 15, 1996.
    (2) Revisions submitted on December 10, 1996, August 27, 1999, and 
December 6, 1999.
    Revised approval effective on August 7, 2000.

                                  Texas

    (a) The TNRCC submitted its Operating Permits program on September 
17, 1993, and supplemental submittals on October 28, 1993, and November 
12, 1993, for approval. Source category-limited interim approval is 
effective on July 25, 1996. Interim approval will expire December 1, 
2001. The scope of the approval of the Texas part 70 program excludes 
all sources of air pollution over which an Indian Tribe has 
jurisdiction.
    (b) The Texas Natural Resource Conservation Commission submitted 
program revisions on June 12, 1998, and June 1, 2001, and supplementary 
information on August 22, 2001; August 23, 2001; September 20, 2001; and

[[Page 259]]

November 5, 2001. The rule revisions adequately addressed the conditions 
of the IA effective on July 25, 1996, and which will expire on December 
1, 2001. The State is hereby granted final full approval effective on 
November 30, 2001.
    (c) The Texas Commission on Environmental Quality: program revisions 
submitted on December 9, 2002, and supplementary information submitted 
on December 10, 2003, effective on April 29, 2005. The rule amendments 
contained in the submissions adequately addressed the deficiencies 
identified in the notice of deficiency published on January 7, 2002.

                                  Utah

    (a) Utah Department of Environmental Quality--Division of Air 
Quality: submitted on April 14, 1994; effective on July 10, 1995.
    (b) [Reserved]

                                 Vermont

    (a) Department of Environmental Conservation: submitted on April 28, 
1995; interim approval effective on November 1, 1996; revised program 
submitted on November 15, 2001; full approval effective November 30, 
2001.
    (b) [Reserved]

                             Virgin Islands

    (a) The Virgin Islands Department of Natural Resources submitted an 
operating permits program on November 18, 1993 with supplements through 
August 25, 2000; full approval effective on January 16, 2001.
    (b) (Reserved)

                                Virginia

    (a) The Commonwealth of Virginia's Title V operating permit and fee 
program regulations submitted on September 10, 1996, the acid rain 
operating permit regulations submitted on September 12, 1996, and the 
non-regulatory operating permit program provisions submitted on November 
12, 1993, January 14, 1994, January 9, 1995, May 17, 1995, February 6, 
1997, and February 27, 1997; interim approval effective on March 12, 
1998; interim approval expires on December 1, 2001.
    (b) The Virginia Department of Environmental Quality submitted 
operating permit program amendments on November 20, 2000. The rule 
revisions contained in the November 20, 2000 submittal adequately 
addressed the conditions of the interim approval effective on March 12, 
1998. The Commonwealth is hereby granted final full approval effective 
on November 30, 2001.

                               Washington

    (a) Department of Ecology (Ecology): Submitted on November 1, 1993; 
interim approval effective on December 9, 1994; revisions submitted on 
June 5, 1996, October 3, 1996, August 25, 1998, and May 24, 1999; full 
approval effective on September 12, 2001; revision submitted on 
September 26, 2002; revision approved January 2, 2003.
    (b) Energy Facility Site Evaluation Council (EFSEC): Submitted on 
November 1, 1993; interim approval effective on December 9, 1994; 
revisions submitted on June 5, 1996, October 3, 1996, August 25, 1998, 
and May 24, 1999; full approval effective on September 12, 2001; 
revision submitted on September 26, 2002; revision approved January 2, 
2003.
    (c) Benton Clean Air Authority (BCAA): Submitted on November 1, 
1993; interim approval effective on December 9, 1994; revisions 
submitted on June 5, 1996, October 3, 1996, August 25, 1998, and May 24, 
1999; full approval effective on September 12, 2001; revision submitted 
on September 26, 2002; revision approved January 2, 2003.
    (d) Northwest Air Pollution Authority (NWAPA): Submitted on November 
1, 1993; interim approval effective on December 9, 1994; revisions 
submitted on June 5, 1996, October 3, 1996, August 25, 1998, and May 24, 
1999; full approval effective on September 12, 2001; revision submitted 
on September 26, 2002; revision approved January 2, 2003.
    (e) Olympic Regional Clean Air Authority (ORCAA): Submitted on 
November 1, 1993; interim approval effective on December 9, 1994; 
revisions submitted on June 5, 1996, October 3, 1996, August 25, 1998, 
and May 24, 1999; full approval effective on September 12, 2001; 
revision submitted on September 26, 2002; revision approved January 2, 
2003.
    (f) Puget Sound Clean Air Agency (PSCAA): Submitted on November 1, 
1993; interim approval effective on December 9, 1994; revisions 
submitted on June 5, 1996, October 3, 1996, August 25, 1998, and May 24, 
1999; full approval effective on September 12, 2001; revision submitted 
on September 26, 2002; revision approved January 2, 2003.
    (g) Spokane County Air Pollution Control Authority (SCAPCA): 
Submitted on November 1, 1993; interim approval effective on December 9, 
1994; revisions submitted on June 5, 1996, October 3, 1996, August 25, 
1998, and May 24, 1999; full approval effective on September 12, 2001; 
revision submitted on September 26, 2002; revision approved January 2, 
2003.
    (h) Southwest Clean Air Agency (SWCAA): Submitted on November 1, 
1993; interim approval effective on December 9, 1994; revisions 
submitted on June 5, 1996, October 3, 1996, August 25, 1998, and May 24, 
1999; full approval effective on September 12, 2001; revision submitted 
on September 26, 2002; revision approved January 2, 2003.
    (i) Yakima Regional Clean Air Authority (YRCAA): Submitted on 
November 1, 1993; interim approval effective on December 9, 1994; 
revisions submitted on June 5, 1996, October 3, 1996, August 25, 1998, 
and May 24, 1999; full

[[Page 260]]

approval effective on September 12, 2001; revision submitted on 
September 26, 2002; revision approved January 2, 2003.

                              West Virginia

    (a) Department of Commerce, Labor and Environmental Resources: 
submitted on November 12, 1993, and supplemented by the Division of 
Environmental Protection on August 26 and September 29, 1994; interim 
approval effective on December 15, 1995; interim approval expires 
December 1, 2001.
    (b) The West Virginia Department of Environmental Protection 
submitted nonsubstantial program revisions to its program on February 
11, 1997. The revisions involved additions to West Virginia's 
``insignificant activity'' list. The revisions were approved on October 
6, 1997 by letter from W. Michael McCabe, Regional Administrator, EPA 
Region III.
    (c) The West Virginia Department of Environmental Protection 
submitted program amendments on June 1, 2001. The rule revisions 
contained in the June 1, 2001 submittal adequately addressed the 
conditions of the interim approval effective on December 15, 1995. The 
State is hereby granted final full approval effective on November 19, 
2001.
    (d) The West Virginia Department of Environmental Protection 
submitted program revisions on June 1, 2001. The rule revisions 
contained in the June 1, 2001 submittal revise West Virginia's existing 
approved program. The State is hereby granted revised approval effective 
on November 23, 2001.
    (e) The West Virginia Department of Natural Resources and 
Environmental Control submitted program amendment on September 10, 2003. 
This rule amendment contained in the September 10, 2003 submittal is 
necessary to make the current definitions of a ``major source'' and 
``volatile organic compound'' consistent with the corresponding 
provisions of 40 CFR part 70, which went into effect on November 27, 
2001. The State is hereby granted approval effective on April 27, 2007.

                                Wisconsin

    (a)(1) Department of Natural Resources: Submitted on January 27, 
1994; interim approval effective on April 5, 1995; interim approval 
expires December 1, 2001.
    (2) Department of Natural Resources: Interim approval corrections 
submitted on March 28, 2001, September 5, 2001, and September 17, 2001; 
submittals adequately address the conditions of the interim approval 
which expires on December 1, 2001. Based on these corrections, Wisconsin 
is hereby granted final full approval effective on November 30, 2001.
    (b) [Reserved]

                                 Wyoming

    (a) Department of Environmental Quality: submitted on November 19, 
1993; effective on February 21, 1995; interim approval expires June 1, 
2000.
    (b) The Wyoming Department of Environmental Quality submitted an 
operating permits program on November 19, 1993; interim approval 
effective on February 21, 1995; revised August 19, 1997; full approval 
effective on April 23, 1999.

[59 FR 55820, Nov. 9, 1994]

    Editorial Note: For Federal Register citations affecting appendix A 
to part 70, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



PART 71_FEDERAL OPERATING PERMIT PROGRAMS--Table of Contents




                       Subpart A_Operating Permits

Sec.
71.1 Program overview.
71.2 Definitions.
71.3 Sources subject to permitting requirements.
71.4 Program implementation.
71.5 Permit applications.
71.6 Permit content.
71.7 Permit issuance, renewal, reopenings, and revisions.
71.8 Affected State review.
71.9 Permit fees.
71.10 Delegation of part 71 program.
71.11 Administrative record, public participation, and administrative 
          review.
71.12 Prohibited acts.

             Subpart B_Permits for Early Reductions Sources

71.21 Program overview.
71.22 Definitions.
71.23 Applicability.
71.24 Permit applications.
71.25 Permit content.
71.26 Permit issuance, reopenings, and revisions.
71.27 Public participation and appeal.

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

    Source: 59 FR 59924, Nov. 21, 1994, unless otherwise noted.



                       Subpart A_Operating Permits

    Source: 61 FR 34228, July 1, 1996, unless otherwise noted.

[[Page 261]]



Sec. 71.1  Program overview.

    (a) This part sets forth the comprehensive Federal air quality 
operating permits permitting program consistent with the requirements of 
title V of the Act (42 U.S.C. 7401 et seq.) and defines the requirements 
and the corresponding standards and procedures by which the 
Administrator will issue operating permits. This permitting program is 
designed to promote timely and efficient implementation of goals and 
requirements of the Act.
    (b) All sources subject to the operating permit requirements of 
title V and this part shall have a permit to operate that assures 
compliance by the source with all applicable requirements.
    (c) The requirements of this part, including provisions regarding 
schedules for submission and approval or disapproval of permit 
applications, shall apply to the permitting of affected sources under 
the acid rain program, except as provided herein or as modified by title 
IV of the Act and 40 CFR parts 72 through 78.
    (d) Issuance of permits under this part may be coordinated with 
issuance of permits under the Resource Conservation and Recovery Act (42 
U.S.C. 6901 et seq.) and under the Clean Water Act (33 U.S.C. 1251 et 
seq.), whether issued by the State, the U.S. Environmental Protection 
Agency (EPA), or the U.S. Army Corps of Engineers.
    (e) Nothing in this part shall prevent a State from administering an 
operating permits program and establishing more stringent requirements 
not inconsistent with the Act.



Sec. 71.2  Definitions.

    The following definitions apply to part 71. Except as specifically 
provided in this section, terms used in this part retain the meaning 
accorded them under the applicable requirements of the Act.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
    Affected source shall have the meaning given to it in 40 CFR 72.2.
    Affected States are:
    (1) All States and areas within Indian country subject to a part 70 
or part 71 program whose air quality may be affected and that are 
contiguous to the State or the area within Indian country in which the 
permit, permit modification, or permit renewal is being proposed; or 
that are within 50 miles of the permitted source. A Tribe shall be 
treated in the same manner as a State under this paragraph (1) only if 
EPA has determined that the Tribe is an eligible Tribe.
    (2) The State or area within Indian country subject to a part 70 or 
part 71 program in which a part 71 permit, permit modification, or 
permit renewal is being proposed. A Tribe shall be treated in the same 
manner as a State under this paragraph (2) only if EPA has determined 
that the Tribe is an eligible Tribe.
    (3) Those areas within the jurisdiction of the air pollution control 
agency for the area in which a part 71 permit, permit modification, or 
permit renewal is being proposed.
    Affected unit shall have the meaning given to it in 40 CFR 72.2.
    Applicable requirement means all of the following as they apply to 
emissions units in a part 71 source (including requirements that have 
been promulgated or approved by EPA through rulemaking at the time of 
issuance but have future compliance dates):
    (1) Any standard or other requirement provided for in the applicable 
implementation plan approved or promulgated by EPA through rulemaking 
under title I of the Act that implements the relevant requirements of 
the Act, including any revisions to that plan promulgated in part 52 of 
this chapter;
    (2) Any term or condition of any preconstruction permits issued 
pursuant to regulations approved or promulgated through rulemaking under 
title I, including parts C or D, of the Act;
    (3) Any standard or other requirement under section 111 of the Act, 
including section 111(d);
    (4) Any standard or other requirement under section 112 of the Act, 
including any requirement concerning accident prevention under section 
112(r)(7) of the Act;
    (5) Any standard or other requirement of the acid rain program under 
title IV of the Act or 40 CFR parts 72 through 78;

[[Page 262]]

    (6) Any requirements established pursuant to section 114(a)(3) or 
504(b) of the Act;
    (7) Any standard or other requirement under section 126(a)(1) and 
(c) of the Act;
    (8) Any standard or other requirement governing solid waste 
incineration, under section 129 of the Act;
    (9) Any standard or other requirement for consumer and commercial 
products, under section 183(e) of the Act;
    (10) Any standard or other requirement for tank vessels, under 
section 183(f) of the Act;
    (11) Any standard or other requirement of the program to control air 
pollution from outer continental shelf sources, under section 328 of the 
Act;
    (12) Any standard or other requirement of the regulations 
promulgated at 40 CFR part 82 to protect stratospheric ozone under title 
VI of the Act, unless the Administrator has determined that such 
requirements need not be contained in a title V permit; and
    (13) Any national ambient air quality standard or increment or 
visibility requirement under part C of title I of the Act, but only as 
it would apply to temporary sources permitted pursuant to section 504(e) 
of the Act.
    Delegate agency means the State air pollution control agency, local 
agency, other State agency, Tribal agency, or other agency authorized by 
the Administrator pursuant to Sec. 71.10 to carry out all or part of a 
permit program under part 71.
    Designated representative shall have the meaning given to it in 
section 402(26) of the Act and 40 CFR 72.2.
    Draft permit means the version of a permit for which the permitting 
authority offers public participation under Sec. 71.7 or Sec. 71.11 
and affected State review under Sec. 71.8.
    Eligible Indian Tribe or eligible Tribe means a Tribe that has been 
determined by EPA to meet the criteria for being treated in the same 
manner as a State, pursuant to the regulations implementing section 
301(d)(2) of the Act.
    Emissions allowable under the permit means a federally enforceable 
permit term or condition determined at issuance to be required by an 
applicable requirement that establishes an emissions limit (including a 
work practice standard) or a federally enforceable emissions cap that 
the source has assumed to avoid an applicable requirement to which the 
source would otherwise be subject.
    Emissions unit means any part or activity of a stationary source 
that emits or has the potential to emit any regulated air pollutant or 
any pollutant listed under section 112(b) of the Act. This term is not 
meant to alter or affect the definition of the term ``unit'' for 
purposes of title IV of the Act.
    EPA or the Administrator means the Administrator of the U.S. 
Environmental Protection Agency (EPA) or his or her designee.
    Federal Indian reservation, Indian reservation or reservation means 
all land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation.
    Final permit means the version of a part 71 permit issued by the 
permitting authority that has completed all review procedures required 
by Sec. Sec. 71.7, 71.8, and 71.11.
    Fugitive emissions are those emissions which could not reasonably 
pass through a stack, chimney, vent, or other functionally-equivalent 
opening.
    General permit means a part 71 permit that meets the requirements of 
Sec. 71.6(d).
    Indian country means:
    (1) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (2) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (3) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Indian Tribe or Tribe means any Indian Tribe, band, nation, or other 
organized group or community, including any Alaskan native village, 
which is

[[Page 263]]

federally recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status as 
Indians.
    Major source means any stationary source (or any group of stationary 
sources that are located on one or more contiguous or adjacent 
properties, and are under common control of the same person (or persons 
under common control)), belonging to a single major industrial grouping 
and that are described in paragraph (1), (2), or (3) of this definition. 
For the purposes of defining ``major source,'' a stationary source or 
group of stationary sources shall be considered part of a single 
industrial grouping if all of the pollutant emitting activities at such 
source or group of sources on contiguous or adjacent properties belong 
to the same Major Group (i.e., all have the same two-digit code) as 
described in the Standard Industrial Classification Manual, 1987.
    (1) A major source under section 112 of the Act, which is defined 
as:
    (i) For pollutants other than radionuclides, any stationary source 
or group of stationary sources located within a contiguous area and 
under common control that emits or has the potential to emit, in the 
aggregate, 10 tpy or more of any hazardous air pollutant which has been 
listed pursuant to section 112(b) of the Act, 25 tpy or more of any 
combination of such hazardous air pollutants, or such lesser quantity as 
the Administrator may establish by rule. Notwithstanding the preceding 
sentence, emissions from any oil or gas exploration or production well 
(with its associated equipment) and emissions from any pipeline 
compressor or pump station shall not be aggregated with emissions from 
other similar units, whether or not such units are in a contiguous area 
or under common control, to determine whether such units or stations are 
major sources; or
    (ii) For radionuclides, ``major source'' shall have the meaning 
specified by the Administrator by rule.
    (2) A major stationary source of air pollutants or any group of 
stationary sources as defined in section 302 of the Act, that directly 
emits, or has the potential to emit, 100 tpy or more of any air 
pollutant (including any major source of fugitive emissions of any such 
pollutant, as determined by rule by the Administrator). The fugitive 
emissions of a stationary source shall not be considered in determining 
whether it is a major stationary source for the purposes of section 
302(j) of the Act, unless the source belongs to one of the following 
categories of stationary source:
    (i) Coal cleaning plants (with thermal dryers);
    (ii) Kraft pulp mills;
    (iii) Portland cement plants;
    (iv) Primary zinc smelters;
    (v) Iron and steel mills;
    (vi) Primary aluminum ore reduction plants;
    (vii) Primary copper smelters;
    (viii) Municipal incinerators capable of charging more than 250 tons 
of refuse per day;
    (ix) Hydrofluoric, sulfuric, or nitric acid plants;
    (x) Petroleum refineries;
    (xi) Lime plants;
    (xii) Phosphate rock processing plants;
    (xiii) Coke oven batteries;
    (xiv) Sulfur recovery plants;
    (xv) Carbon black plants (furnace process);
    (xvi) Primary lead smelters;
    (xvii) Fuel conversion plants;
    (xviii) Sintering plants;
    (xix) Secondary metal production plants;
    (xx) Chemical process plants--The term chemical processing plant 
shall not include ethanol production facilities that produce ethanol by 
natural fermentation included in NAICS codes 325193 or 312140;
    (xxi) Fossil-fuel boilers (or combination thereof) totaling more 
than 250 million British thermal units per hour heat input;
    (xxii) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (xxiii) Taconite ore processing plants;
    (xxiv) Glass fiber processing plants;
    (xxv) Charcoal production plants;
    (xxvi) Fossil-fuel-fired steam electric plants of more than 250 
million British thermal units per hour heat input; or

[[Page 264]]

    (xxvii) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act.
    (3) A major stationary source as defined in part D of title I of the 
Act, including:
    (i) For ozone nonattainment areas, sources with the potential to 
emit 100 tpy or more of volatile organic compounds or oxides of nitrogen 
in areas classified as ``marginal'' or ``moderate,'' 50 tpy or more in 
areas classified as ``serious''; 25 tpy or more in areas classified as 
``severe,'' and 10 tpy or more in areas classified as ``extreme''; 
except that the references in this paragraph (3)(i) to 100, 50, 25, and 
10 tpy of nitrogen oxides shall not apply with respect to any source for 
which the Administrator has made a finding, under section 182(f) (1) or 
(2) of the Act, that requirements under section 182(f) of the Act do not 
apply;
    (ii) For ozone transport regions established pursuant to section 184 
of the Act, sources with the potential to emit 50 tpy or more of 
volatile organic compounds;
    (iii) For carbon monoxide nonattainment areas:
    (A) That are classified as ``serious,'' and
    (B) in which stationary sources contribute significantly to carbon 
monoxide levels as determined under rules issued by the Administrator, 
sources with the potential to emit 50 tpy or more of carbon monoxide; 
and
    (iv) For particulate matter (PM-10) nonattainment areas classified 
as ``serious,'' sources with the potential to emit 70 tpy or more of PM-
10.
    Part 70 permit means any permit or group of permits covering a part 
70 source that has been issued, renewed, amended or revised pursuant to 
40 CFR part 70.
    Part 70 program or State program means a program approved by the 
Administrator under 40 CFR part 70.
    Part 70 source means any source subject to the permitting 
requirements of 40 CFR part 70, as provided in Sec. Sec. 70.3(a) and 
70.3(b).
    Part 71 permit, or permit (unless the context suggests otherwise) 
means any permit or group of permits covering a part 71 source that has 
been issued, renewed, amended or revised pursuant to this part.
    Part 71 program means a Federal operating permits program under this 
part.
    Part 71 source means any source subject to the permitting 
requirements of this part, as provided in Sec. Sec. 71.3(a) and 
71.3(b).
    Permit modification m eans a revision to a part 71 permit that meets 
the requirements of Sec. 71.7(e).
    Permit program costs means all reasonable (direct and indirect) 
costs required to administer an operating permits program, as set forth 
in Sec. 71.9(b).
    Permit revision means any permit modification or administrative 
permit amendment.
    Permitting authority means one of the following:
    (1) The Administrator, in the case of EPA-implemented programs;
    (2) A delegate agency authorized by the Administrator to carry out a 
Federal permit program under this part; or
    (3) The State air pollution control agency, local agency, other 
State agency, Indian Tribe, or other agency authorized by the 
Administrator to carry out a permit program under 40 CFR part 70.
    Proposed permit means the version of a permit that the delegate 
agency proposes to issue and forwards to the Administrator for review in 
compliance with Sec. 71.10(d).
    Regulated air pollutant means the following:
    (1) Nitrogen oxides or any volatile organic compounds;
    (2) Any pollutant for which a national ambient air quality standard 
has been promulgated;
    (3) Any pollutant that is subject to any standard promulgated under 
section 111 of the Act;
    (4) Any Class I or II substance subject to a standard promulgated 
under or established by title VI of the Act; or
    (5) Any pollutant subject to a standard promulgated under section 
112 of the Act or other requirements established under section 112 of 
the Act, including sections 112 (g), (j), and (r) of the Act, including 
the following:
    (i) Any pollutant subject to requirements under section 112(j) of 
the Act. If the Administrator fails to promulgate

[[Page 265]]

a standard by the date established pursuant to section 112(e) of the 
Act, any pollutant for which a subject source would be major shall be 
considered to be regulated on the date 18 months after the applicable 
date established pursuant to section 112(e) of the Act; and
    (ii) Any pollutant for which the requirements of section 112(g)(2) 
of the Act have been met, but only with respect to the individual source 
subject to section 112(g)(2) requirements.
    Regulated pollutant (for fee calculation), which is used only for 
purposes of Sec. 71.9(c), means any regulated air pollutant except the 
following:
    (1) Carbon monoxide;
    (2) Any pollutant that is a regulated air pollutant solely because 
it is a Class I or II substance subject to a standard promulgated under 
or established by title VI of the Act; or
    (3) Any pollutant that is a regulated air pollutant solely because 
it is subject to a standard or regulation under section 112(r) of the 
Act.
    Renewal means the process by which a permit is reissued at the end 
of its term.
    Responsible official means one of the following:
    (1) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) the facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) the delegation of authority to such representative is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected sources:
    (i) The designated representative insofar as actions, standards, 
requirements, or prohibitions under title IV of the Act or 40 CFR parts 
72 through 78 are concerned; and
    (ii) The designated representative for any other purposes under part 
71.
    Section 502(b)(10) changes are changes that contravene an express 
permit term. Such changes do not include changes that would violate 
applicable requirements or contravene federally enforceable permit terms 
and conditions that are monitoring (including test methods), 
recordkeeping, reporting, or compliance certification requirements.
    State means any non-Federal permitting authority, including any 
local agency, interstate association, or statewide program. The term 
``State'' also includes the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Marianas Islands. Where such meaning is 
clear from the context, ``State'' shall have its conventional meaning. 
For purposes of the acid rain program, the term ``State'' shall be 
limited to authorities within the 48 contiguous States and the District 
of Columbia as provided in section 402(14) of the Act.
    Stationary source means any building, structure, facility, or 
installation that emits or may emit any regulated air pollutant or any 
pollutant listed under section 112(b) of the Act.

[61 FR 34228, July 1, 1996, as amended at 64 FR 8262, Feb. 19, 1999; 69 
FR 31505, June 2, 2004; 72 FR 24078, May 1, 2007]



Sec. 71.3  Sources subject to permitting requirements.

    (a) Part 71 sources. The following sources are subject to the 
permitting requirements under this part:
    (1) Any major source;

[[Page 266]]

    (2) Any source, including an area source, subject to a standard, 
limitation, or other requirement under section 111 of the Act;
    (3) Any source, including an area source, subject to a standard or 
other requirement under section 112 of the Act, except that a source is 
not required to obtain a permit solely because it is subject to 
regulations or requirements under section 112(r) of the Act;
    (4) Any affected source; and
    (5) Any source in a source category designated by the Administrator 
pursuant to this section.
    (b) Source category exemptions. (1) All sources listed in paragraph 
(a) of this section that are not major sources, affected sources, or 
solid waste incineration units required to obtain a permit pursuant to 
section 129(e) of the Act are exempted from the obligation to obtain a 
part 71 permit until such time as the Administrator completes a 
rulemaking to determine how the program should be structured for 
nonmajor sources and the appropriateness of any permanent exemptions in 
addition to those provided for in paragraph (b)(4) of this section.
    (2) In the case of nonmajor sources subject to a standard or other 
requirement under either section 111 or 112 of the Act after July 21, 
1992 publication, the Administrator will determine whether to exempt any 
or all such applicable sources from the requirement to obtain a part 70 
or part 71 permit at the time that the new standard is promulgated.
    (3) [Reserved]
    (4) The following source categories are exempted from the obligation 
to obtain a part 71 permit:
    (i) All sources and source categories that would be required to 
obtain a permit solely because they are subject to 40 CFR part 60, 
subpart AAA---Standards of Performance for New Residential Wood Heaters; 
and
    (ii) All sources and source categories that would be required to 
obtain a permit solely because they are subject to 40 CFR part 61, 
subpart M--National Emission Standard for Hazardous Air Pollutants for 
Asbestos, Sec. 61.145, Standard for Demolition and Renovation.
    (c) Emissions units and part 71 sources. (1) For major sources, the 
permitting authority shall include in the permit all applicable 
requirements for all relevant emissions units in the major source.
    (2) For any nonmajor source subject to the part 71 program under 
paragraphs (a) or (b) of this section, the permitting authority shall 
include in the permit all applicable requirements applicable to 
emissions units that cause the source to be subject to the part 71 
program.
    (d) Fugitive emissions. Fugitive emissions from a part 71 source 
shall be included in the permit application and the part 71 permit in 
the same manner as stack emissions, regardless of whether the source 
category in question is included in the list of sources contained in the 
definition of major source.
    (e) An owner or operator of a source may submit to the Administrator 
a written request for a determination of applicability under this 
section.
    (1) Request content. The request shall be in writing and include 
identification of the source and relevant and appropriate facts about 
the source. The request shall meet the requirements of Sec. 71.5(d).
    (2) Timing. The request shall be submitted to the Administrator 
prior to the issuance (including renewal) of a permit under this part as 
a final agency action.
    (3) Submission. All submittals under this section shall be made by 
the responsible official to the Regional Administrator for the Region in 
which the source is located.
    (4) Response. The Administrator will issue a written response based 
upon the factual submittal meeting the requirements of paragraph (e)(1) 
of this section.

[61 FR 34228, July 1, 1996, as amended at 64 FR 8262, Feb. 19, 1999; 70 
FR 75346, Dec. 19, 2005]



Sec. 71.4  Program implementation.

    (a) Part 71 programs for States. The Administrator will administer 
and enforce a full or partial operating permits program for a State 
(excluding Indian country) in the following situations:

[[Page 267]]

    (1) A program for a State meeting the requirements of part 70 of 
this chapter has not been granted full approval under Sec. 70.4 of this 
chapter by the Administrator by July 31, 1996, and the State's part 70 
program has not been granted interim approval under Sec. 70.4(d) of 
this chapter for a period extending beyond July 31, 1996. The effective 
date of such a part 71 program is July 31, 1996.
    (2) An operating permits program for a State which was granted 
interim approval under Sec. 70.4(d) of this chapter has not been 
granted full approval by the Administrator by the expiration of the 
interim approval period or July 31, 1996, whichever is later. Such a 
part 71 program shall be effective upon expiration of the interim 
approval or July 31, 1996 whichever is later.
    (3) Any partial part 71 program will be effective only in those 
portions of a State that are not covered by a partial part 70 program 
that has been granted full or interim approval by the Administrator 
pursuant to Sec. 70.4(c) of this chapter.
    (b) Part 71 programs for Indian country. The Administrator will 
administer and enforce an operating permits program in Indian country, 
as defined in Sec. 71.2, when an operating permits program which meets 
the requirements of part 70 of this chapter has not been explicitly 
granted full or interim approval by the Administrator for Indian 
country.
    (1) [Reserved]
    (2) The effective date of a part 71 program in Indian country shall 
be March 22, 1999.
    (3) Notwithstanding paragraph (i)(2) of this section, within 2 years 
of the effective date of the part 71 program in Indian country, the 
Administrator shall take final action on permit applications from part 
71 sources that are submitted within the first full year after the 
effective date of the part 71 program.
    (c) Part 71 programs imposed due to inadequate implementation. (1) 
The Administrator will administer and enforce an operating permits 
program for a permitting authority if the Administrator has notified the 
permitting authority, in accordance with Sec. 70.10(b)(1) of this 
chapter, of the Administrator's determination that a permitting 
authority is not adequately administering or enforcing its approved 
operating permits program, or any portion thereof, and the permitting 
authority fails to do either of the following:
    (i) Correct the deficiencies within 18 months after the 
Administrator issues the notice; or
    (ii) Take significant action to assure adequate administration and 
enforcement of the program within 90 days of the Administrator's notice.
    (2) The effective date of a part 71 program promulgated in 
accordance with this paragraph (c) shall be:
    (i) Two years after the Administrator's notice if the permitting 
authority has not corrected the deficiency within 18 months after the 
date of the Administrator's notice; or
    (ii) Such earlier time as the Administrator determines appropriate 
if the permitting authority fails, within 90 days of the Administrator's 
notice, to take significant action to assure adequate administration and 
enforcement of the program.
    (d) Part 71 programs for OCS sources. (1) Using the procedures of 
this part, the Administrator will issue permits to any source which is 
an outer continental shelf (OCS) source, as defined under Sec. 55.2 of 
this chapter, is subject to the requirements of part 55 of this chapter 
and section 328(a) of the Act, is subject to the requirement to obtain a 
permit under title V of the Act, and is either:
    (i) Located beyond 25 miles of States' seaward boundaries; or
    (ii) Located within 25 miles of States' seaward boundaries and a 
part 71 program is being administered and enforced by the Administrator 
for the corresponding onshore area, as defined in Sec. 55.2 of this 
chapter, for that source.
    (2) The requirements of Sec. 71.4(d)(1)(i) shall apply on July 31, 
1996.
    (3) The requirements of Sec. 71.4(d)(1)(ii) apply upon the 
effective date of a part 71 program for the corresponding onshore area.
    (e) Part 71 program for permits issued to satisfy an EPA objection. 
Using the procedures of this part and 40 CFR 70.8 (c) or (d), or 40 CFR 
70.7(g)(4) or (5) (i) and (ii), as appropriate, the Administrator will 
deny, terminate, revise, revoke or

[[Page 268]]

reissue a permit which has been proposed or issued by a permitting 
authority or will issue a part 71 permit when:
    (1) A permitting authority with an approved part 70 operating 
permits program fails to respond to a timely objection to the issuance 
of a permit made by the Administrator pursuant to section 505(b) of the 
Act and Sec. 70.8(c) and (d) of this chapter.
    (2) The Administrator, under Sec. 70.7(g) of this chapter, finds 
that cause exists to reopen a permit and the permitting authority fails 
to either:
    (i) Submit to the Administrator a proposed determination of 
termination, modification, or revocation and reissuance, as appropriate; 
or
    (ii) Resolve any objection EPA makes to the permit which the 
permitting authority proposes to issue in response to EPA's finding of 
cause to reopen, and to terminate, revise, or revoke and reissue the 
permit in accordance with that objection.
    (3) The requirements of this paragraph (e) shall apply on July 31, 
1996.
    (f) Use of selected provisions of this part. The Administrator may 
utilize any or all of the provisions of this part to administer the 
permitting process for individual sources or take action on individual 
permits, or may adopt, through rulemaking, portions of a State or Tribal 
permit program in combination with provisions of this part to administer 
a Federal program for the State or in Indian country in substitution of 
or addition to the Federal program otherwise required by this part.
    (g) Public notice of part 71 programs. In taking action to 
administer and enforce an operating permits program under this part, the 
Administrator will publish a notice in the Federal Register informing 
the public of such action and the effective date of any part 71 program 
as set forth in Sec. 71.4 (a), (b), (c), or (d)(1)(ii). The publication 
of this part in the Federal Register on July 1, 1996 serves as the 
notice for the part 71 permit programs described in Sec. 71.4(d)(1) (i) 
and (e). The EPA will also publish a notice in the Federal Register of 
any delegation of a portion of the part 71 program to a State, eligible 
Tribe, or local agency pursuant to the provisions of Sec. 71.10. In 
addition to notices published in the Federal Register under this 
paragraph (g), the Administrator will, to the extent practicable, 
publish notice in a newspaper of general circulation within the area 
subject to the part 71 program effectiveness or delegation, and will 
send a letter to the Tribal governing body for an Indian Tribe or the 
Governor (or his or her designee) of the affected area to provide notice 
of such effectiveness or delegation.
    (h) Effect of limited deficiency in the State or Tribal program. The 
Administrator may administer and enforce a part 71 program in a State or 
within Indian country even if only limited deficiencies exist either in 
the initial program submittal for a State or eligible Tribe under part 
70 of this chapter or in an existing State or Tribal program that has 
been approved under part 70 of this chapter.
    (i) Transition plan for initial permits issuance. If a full or 
partial part 71 program becomes effective in a State or within Indian 
country prior to the issuance of part 70 permits to all part 70 sources 
under an existing program that has been approved under part 70 of this 
chapter, the Administrator shall take final action on initial permit 
applications for all part 71 sources in accordance with the following 
transition plan.
    (1) All part 71 sources that have not received part 70 permits shall 
submit permit applications under this part within 1 year after the 
effective date of the part 71 program.
    (2) Final action shall be taken on at least one-third of such 
applications annually over a period not to exceed 3 years after such 
effective date.
    (3) Any complete permit application containing an early reduction 
demonstration under section 112(i)(5) of the Act shall be acted on 
within 12 months of receipt of the complete application.
    (4) Submittal of permit applications and the permitting of affected 
sources shall occur in accordance with the deadlines in title IV of the 
Act and 40 CFR parts 72 through 78.
    (j) Delegation of part 71 program. The Administrator may promulgate 
a part

[[Page 269]]

71 program in a State or Indian country and delegate part of the 
responsibility for administering the part 71 program to the State or 
eligible Tribe in accordance with the provisions of Sec. 71.10; 
however, delegation of a part of a part 71 program will not constitute 
any type of approval of a State or Tribal operating permits program 
under part 70 of this chapter. Where only selected portions of a part 71 
program are administered by the Administrator and the State or eligible 
Tribe is delegated the remaining portions of the program, the Delegation 
Agreement referred to in Sec. 71.10 will define the respective roles of 
the State or eligible Tribe and the Administrator in administering and 
enforcing the part 71 operating permits program.
    (k) EPA administration and enforcement of part 70 permits. When the 
Administrator administers and enforces a part 71 program after a 
determination and notice under Sec. 70.10(b)(1) of this chapter that a 
State or Tribe is not adequately administering and enforcing an 
operating permits program approved under part 70 of this chapter, the 
Administrator will administer and enforce permits issued under the part 
70 program until part 71 permits are issued using the procedures of part 
71. Until such time as part 70 permits are replaced by part 71 permits, 
the Administrator will revise, reopen, revise, terminate, or revoke and 
reissue part 70 permits using the procedures of part 71 and will assess 
and collect fees in accordance with the provisions of Sec. 71.9.
    (l) Transition to approved part 70 program. The Administrator will 
suspend the issuance of part 71 permits promptly upon publication of 
notice of approval of a State or Tribal operating permits program that 
meets the requirements of part 70 of this chapter. The Administrator may 
retain jurisdiction over the part 71 permits for which the 
administrative or judicial review process is not complete and will 
address this issue in the notice of State program approval. After 
approval of a State or Tribal program and the suspension of issuance of 
part 71 permits by the Administrator:
    (1) The Administrator, or the permitting authority acting as the 
Administrator's delegated agent, will continue to administer and enforce 
part 71 permits until they are replaced by permits issued under the 
approved part 70 program. Until such time as part 71 permits are 
replaced by part 70 permits, the Administrator will revise, reopen, 
revise, terminate, or revoke and reissue part 71 permits using the 
procedures of the part 71 program. However, if the Administrator has 
delegated authority to administer part 71 permits to a delegate agency, 
the delegate agency will revise, reopen, terminate, or revoke and 
reissue part 71 permits using the procedures of the approved part 70 
program. If a part 71 permit expires prior to the issuance of a part 70 
permit, all terms and conditions of the part 71 permit, including any 
permit shield that may be granted pursuant to Sec. 71.6(f), shall 
remain in effect until the part 70 permit is issued or denied, provided 
that a timely and complete application for a permit renewal was 
submitted to the permitting authority in accordance with the 
requirements of the approved part 70 program.
    (2) A State or local agency or Indian Tribe with an approved part 70 
operating permits program may issue part 70 permits for all sources with 
part 71 permits in accordance with a permit issuance schedule approved 
as part of the approved part 70 program or may issue part 70 permits to 
such sources at the expiration of the part 71 permits.
    (m) Exemption for certain territories. Upon petition by the Governor 
of Guam, American Samoa, the Virgin Islands, or the Commonwealth of the 
Northern Marianas Islands, the Administrator may exempt any source or 
class of sources in such territory from the requirement to have a part 
71 permit under this chapter. Such an exemption does not exempt such 
source or class of sources from any requirement of section 112 of the 
Act, including the requirements of section 112 (g) or (j).
    (1) Such exemption may be granted if the Administrator finds that 
compliance with part 71 is not feasible or is unreasonable due to unique 
geographical, meteorological, or economic factors of such territory, or 
such other local factors as the Administrator deems significant. Any 
such petition shall be considered in accordance with

[[Page 270]]

section 307(d) of the Act, and any exemption granted under this 
paragraph (m) shall be considered final action by the Administrator for 
the purposes of section 307(b) of the Act.
    (2) The Administrator shall promptly notify the Committees on Energy 
and Commerce and on Interior and Insular Affairs of the House of 
Representatives and the Committees on Environment and Public Works and 
on Energy and Natural Resources of the Senate upon receipt of any 
petition under this paragraph (m) and of the approval or rejection of 
such petition and the basis for such action.
    (n) Retention of records. The records for each draft, proposed, and 
final permit application, renewal, or modification shall be kept by the 
Administrator for a period of 5 years.

[61 FR 34228, July 1, 1996, as amended at 64 FR 8262, Feb. 19, 1999; 67 
FR 38330, June 3, 2002]



Sec. 71.5  Permit applications.

    (a) Duty to apply. For each part 71 source, the owner or operator 
shall submit a timely and complete permit application in accordance with 
this section.
    (1) Timely application. (i) A timely application for a source which 
does not have an existing operating permit issued by a State under the 
State's approved part 70 program and is applying for a part 71 permit 
for the first time is one that is submitted within 12 months after the 
source becomes subject to the permit program or on or before such 
earlier date as the permitting authority may establish. Sources required 
to submit applications earlier than 12 months after the source becomes 
subject to the permit program will be notified of the earlier submittal 
date at least 6 months in advance of the date.
    (ii) Part 71 sources required to meet the requirements under section 
112(g) of the Act, or to have a permit under the preconstruction review 
program approved into the applicable implementation plan under part C or 
D of title I of the Act, shall file a complete application to obtain the 
part 71 permit or permit revision within 12 months after commencing 
operation or on or before such earlier date as the permitting authority 
may establish. Sources required to submit applications earlier than 12 
months after the source becomes subject to the permit program will be 
notified of the earlier submittal date at least 6 months in advance of 
the date. Where an existing part 70 or 71 permit would prohibit such 
construction or change in operation, the source must obtain a permit 
revision before commencing operation.
    (iii) For purposes of permit renewal, a timely application is one 
that is submitted at least 6 months but not more that 18 months prior to 
expiration of the part 70 or 71 permit.
    (iv) Applications for initial phase II acid rain permits shall be 
submitted to the permitting authority by January 1, 1996 for sulfur 
dioxide, and by January 1, 1998 for nitrogen oxides.
    (2) Complete application. To be deemed complete, an application must 
provide all information required pursuant to paragraph (c) of this 
section, except that applications for permit revision need supply such 
information only if it is related to the proposed change. To be found 
complete, an initial or renewal application must remit payment of fees 
owed under the fee schedule established pursuant to Sec. 71.9(b). 
Information required under paragraph (c) of this section must be 
sufficient to evaluate the subject source and its application and to 
determine all applicable requirements. A responsible official must 
certify the submitted information consistent with paragraph (d) of this 
section. Unless the permitting authority determines that an application 
is not complete within 60 days of receipt of the application, such 
application shall be deemed to be complete, except as otherwise provided 
in Sec. 71.7(a)(4). If, while processing an application that has been 
determined or deemed to be complete, the permitting authority determines 
that additional information is necessary to evaluate or take final 
action on that application, it may request such information in writing 
and set a reasonable deadline for a response. The source's ability to 
operate without a permit, as set forth in Sec. 71.7(b), shall be in 
effect from the date the application is determined or deemed to be 
complete until the final

[[Page 271]]

permit is issued, provided that the applicant submits any requested 
additional information by the deadline specified by the permitting 
authority.
    (3) Confidential information. An applicant may assert a business 
confidentiality claim for information requested by the permitting 
authority using procedures found at part 2, subpart B of this chapter.
    (b) Duty to supplement or correct application. Any applicant who 
fails to submit any relevant facts or who has submitted incorrect 
information in a permit application shall, upon becoming aware of such 
failure or incorrect submittal, promptly submit such supplementary facts 
or corrected information. In addition, an applicant shall provide 
additional information as necessary to address any requirements that 
become applicable to the source after the date it filed a complete 
application but prior to release of a draft permit.
    (c) Standard application form and required information. The 
permitting authority shall provide sources a standard application form 
or forms. The permitting authority may use discretion in developing 
application forms that best meet program needs and administrative 
efficiency. The forms and attachments chosen, however, shall include the 
elements specified below. An application may not omit information needed 
to determine the applicability of, or to impose, any applicable 
requirement, or to evaluate the fee amount required under the schedule 
established pursuant to Sec. 71.9.
    (1) Identifying information, including company name and address (or 
plant name and address if different from the company name), owner's name 
and agent, and telephone number and names of plant site manager/contact.
    (2) A description of the source's processes and products (by 
Standard Industrial Classification Code) including any associated with 
each alternate scenario identified by the source.
    (3) The following emissions-related information:
    (i) All emissions of pollutants for which the source is major, and 
all emissions of regulated air pollutants. A permit application shall 
describe all emissions of regulated air pollutants emitted from any 
emissions unit, except where such units are exempted under this 
paragraph (c). The permitting authority shall require additional 
information related to the emissions of air pollutants sufficient to 
verify which requirements are applicable to the source, and other 
information necessary to collect any permit fees owed under the fee 
schedule established pursuant to Sec. 71.9(b).
    (ii) Identification and description of all points of emissions 
described in paragraph (c)(3)(i) of this section in sufficient detail to 
establish the basis for fees and applicability of requirements of the 
Act.
    (iii) Emissions rates in tpy and in such terms as are necessary to 
establish compliance consistent with the applicable standard reference 
test method.
    (iv) The following information to the extent it is needed to 
determine or regulate emissions: fuels, fuel use, raw materials, 
production rates, and operating schedules.
    (v) Identification and description of air pollution control 
equipment and compliance monitoring devices or activities.
    (vi) Limitations on source operation affecting emissions or any work 
practice standards, where applicable, for all regulated pollutants at 
the part 71 source.
    (vii) Other information required by any applicable requirement 
(including information related to stack height limitations developed 
pursuant to section 123 of the Act).
    (viii) Calculations on which the information in paragraphs (c)(3) 
(i) through (vii) of this section is based.
    (4) The following air pollution control requirements:
    (i) Citation and description of all applicable requirements; and
    (ii) Description of or reference to any applicable test method for 
determining compliance with each applicable requirement.
    (5) Other specific information that may be necessary to implement 
and enforce other applicable requirements of the Act or of this part or 
to determine the applicability of such requirements.

[[Page 272]]

    (6) An explanation of any proposed exemptions from otherwise 
applicable requirements.
    (7) Additional information as determined to be necessary by the 
permitting authority to define alternative operating scenarios 
identified by the source pursuant to Sec. 71.6(a)(9) or to define 
permit terms and conditions implementing Sec. 71.6(a)(10) or Sec. 
71.6(a)(13).
    (8) A compliance plan for all part 71 sources that contains all the 
following:
    (i) A description of the compliance status of the source with 
respect to all applicable requirements.
    (ii) A description as follows:
    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis.
    (C) For requirements for which the source is not in compliance at 
the time of permit issuance, a narrative description of how the source 
will achieve compliance with such requirements.
    (iii) A compliance schedule as follows:
    (A) For applicable requirements with which the source is in 
compliance, a statement that the source will continue to comply with 
such requirements.
    (B) For applicable requirements that will become effective during 
the permit term, a statement that the source will meet such requirements 
on a timely basis. A statement that the source will meet in a timely 
manner applicable requirements that become effective during the permit 
term shall satisfy this provision, unless a more detailed schedule is 
expressly required by the applicable requirement.
    (C) A schedule of compliance for sources that are not in compliance 
with all applicable requirements at the time of permit issuance. Such a 
schedule shall include a schedule of remedial measures, including an 
enforceable sequence of actions with milestones, leading to compliance 
with any applicable requirements for which the source will be in 
noncompliance at the time of permit issuance. This compliance schedule 
shall resemble and be at least as stringent as that contained in any 
judicial consent decree or administrative order to which the source is 
subject. Any such schedule of compliance shall be supplemental to, and 
shall not sanction noncompliance with, the applicable requirements on 
which it is based.
    (iv) A schedule for submission of certified progress reports no less 
frequently than every 6 months for sources required to have a schedule 
of compliance to remedy a violation.
    (v) The compliance plan content requirements specified in this 
paragraph shall apply and be included in the acid rain portion of a 
compliance plan for an affected source, except as specifically 
superseded by regulations promulgated under parts 72 through 78 of this 
chapter with regard to the schedule and method(s) the source will use to 
achieve compliance with the acid rain emissions limitations.
    (9) Requirements for compliance certification, including the 
following:
    (i) A certification of compliance with all applicable requirements 
by a responsible official consistent with paragraph (d) of this section 
and section 114(a)(3) of the Act;
    (ii) A statement of methods used for determining compliance, 
including a description of monitoring, recordkeeping, and reporting 
requirements and test methods;
    (iii) A schedule for submission of compliance certifications during 
the permit term, to be submitted no less frequently than annually, or 
more frequently if specified by the underlying applicable requirement or 
by the permitting authority; and
    (iv) A statement indicating the source's compliance status with any 
applicable enhanced monitoring and compliance certification requirements 
of the Act.
    (10) The use of nationally-standardized forms for acid rain portions 
of permit applications and compliance plans, as required by regulations 
promulgated under parts 72 through 78 of this chapter.
    (11) Insignificant activities and emissions levels. The following 
types of insignificant activities and emissions

[[Page 273]]

levels need not be included in permit applications. However, for 
insignificant activities which are exempted because of size or 
production rate, a list of such insignificant activities must be 
included in the application. An application may not omit information 
needed to determine the applicability of, or to impose, any applicable 
requirement, or to calculate the fee amount required under the schedule 
established pursuant to Sec. 71.9 of this part.
    (i) Insignificant activities:
    (A) Mobile sources;
    (B) Air-conditioning units used for human comfort that are not 
subject to applicable requirements under title VI of the Act and do not 
exhaust air pollutants into the ambient air from any manufacturing or 
other industrial process;
    (C) Ventilating units used for human comfort that do not exhaust air 
pollutants into the ambient air from any manufacturing or other 
industrial process;
    (D) Heating units used for human comfort that do not provide heat 
for any manufacturing or other industrial process;
    (E) Noncommercial food preparation;
    (F) Consumer use of office equipment and products;
    (G) Janitorial services and consumer use of janitorial products; and
    (H) Internal combustion engines used for landscaping purposes.
    (ii) Insignificant emissions levels. Emissions meeting the criteria 
in paragraph (c)(11)(ii)(A) or (c)(11)(ii)(B) of this section need not 
be included in the application, but must be listed with sufficient 
detail to identify the emission unit and indicate that the exemption 
applies. Similar emission units, including similar capacities or sizes, 
may be listed under a single description, provided the number of 
emission units is included in the description. No additional information 
is required at time of application, but the permitting authority may 
request additional information during application processing.
    (A) Emission criteria for regulated air pollutants, excluding 
hazardous air pollutants (HAP). Potential to emit of regulated air 
pollutants, excluding HAP, for any single emissions unit shall not 
exceed 2 tpy.
    (B) Emission criteria for HAP. Potential to emit of any HAP from any 
single emissions unit shall not exceed 1,000 lb per year or the de 
minimis level established under section 112(g) of the Act, whichever is 
less.
    (d) Any application form, report, or compliance certification 
submitted pursuant to these regulations shall contain certification by a 
responsible official of truth, accuracy, and completeness. This 
certification and any other certification required under this part shall 
state that, based on information and belief formed after reasonable 
inquiry, the statements and information in the document are true, 
accurate, and complete.



Sec. 71.6  Permit content.

    (a) Standard permit requirements. Each permit issued under this part 
shall include the following elements:
    (1) Emission limitations and standards, including those operational 
requirements and limitations that assure compliance with all applicable 
requirements at the time of permit issuance.
    (i) The permit shall specify and reference the origin of and 
authority for each term or condition, and identify any difference in 
form as compared to the applicable requirement upon which the term or 
condition is based.
    (ii) The permit shall state that, where an applicable requirement of 
the Act is more stringent than an applicable requirement of 40 CFR parts 
72 through 78, both provisions shall be incorporated into the permit and 
shall be enforceable by the Administrator.
    (iii) If an applicable implementation plan allows a determination of 
an alternative emission limit at a part 71 source, equivalent to that 
contained in the plan, to be made in the permit issuance, renewal, or 
significant modification process, and the permitting authority elects to 
use such process, any permit containing such equivalency determination 
shall contain provisions to ensure that any resulting emissions limit 
has been demonstrated to be quantifiable, accountable, enforceable, and 
based on replicable procedures.
    (2) Permit duration. The permitting authority shall issue permits 
for a

[[Page 274]]

fixed term of 5 years in the case of affected sources, and for a term 
not to exceed 5 years in the case of all other sources. Notwithstanding 
this requirement, the permitting authority shall issue permits for solid 
waste incineration units combusting municipal waste subject to standards 
under section 129(e) of the Act for a period not to exceed 12 years and 
shall review such permits at least every 5 years.
    (3) Monitoring and related recordkeeping and reporting requirements. 
(i) Each permit shall contain the following requirements with respect to 
monitoring:
    (A) All monitoring and analysis procedures or test methods required 
under applicable monitoring and testing requirements, including part 64 
of this chapter and any other procedures and methods that may be 
promulgated pursuant to sections 114(a)(3) or 504(b) of the Act. If more 
than one monitoring or testing requirement applies, the permit may 
specify a streamlined set of monitoring or testing provisions provided 
the specified monitoring or testing is adequate to assure compliance at 
least to the same extent as the monitoring or testing applicable 
requirements that are not included in the permit as a result of such 
streamlining;
    (B) Where the applicable requirement does not require periodic 
testing or instrumental or noninstrumental monitoring (which may consist 
of recordkeeping designed to serve as monitoring), periodic monitoring 
sufficient to yield reliable data from the relevant time period that are 
representative of the source's compliance with the permit, as reported 
pursuant to paragraph (a)(3)(iii) of this section. Such monitoring 
requirements shall assure use of terms, test methods, units, averaging 
periods, and other statistical conventions consistent with the 
applicable requirement. Recordkeeping provisions may be sufficient to 
meet the requirements of this paragraph (a)(3)(i)(B); and
    (C) As necessary, requirements concerning the use, maintenance, and, 
where appropriate, installation of monitoring equipment or methods.
    (ii) With respect to recordkeeping, the permit shall incorporate all 
applicable recordkeeping requirements and require, where applicable, the 
following:
    (A) Records of required monitoring information that include the 
following:
    (1) The date, place as defined in the permit, and time of sampling 
or measurements;
    (2) The date(s) analyses were performed;
    (3) The company or entity that performed the analyses;
    (4) The analytical techniques or methods used;
    (5) The results of such analyses; and
    (6) The operating conditions as existing at the time of sampling or 
measurement;
    (B) Retention of records of all required monitoring data and support 
information for a period of at least 5 years from the date of the 
monitoring sample, measurement, report, or application. Support 
information includes all calibration and maintenance records and all 
original strip-chart recordings for continuous monitoring 
instrumentation, and copies of all reports required by the permit.
    (iii) With respect to reporting, the permit shall incorporate all 
applicable reporting requirements and require the following:
    (A) Submittal of reports of any required monitoring at least every 6 
months. All instances of deviations from permit requirements must be 
clearly identified in such reports. All required reports must be 
certified by a responsible official consistent with Sec. 71.5(d).
    (B) Prompt reporting of deviations from permit requirements, 
including those attributable to upset conditions as defined in the 
permit, the probable cause of such deviations, and any corrective 
actions or preventive measures taken. Where the underlying applicable 
requirement contains a definition of prompt or otherwise specifies a 
time frame for reporting deviations, that definition or time frame shall 
govern. Where the underlying applicable requirement fails to address the 
time frame for reporting deviations, reports of deviations shall be 
submitted to the permitting authority based on the following schedule:
    (1) For emissions of a hazardous air pollutant or a toxic air 
pollutant (as

[[Page 275]]

identified in an applicable regulation) that continue for more than an 
hour in excess of permit requirements, the report must be made with 24 
hours of the occurrence.
    (2) For emissions of any regulated air pollutant, excluding those 
listed in paragraph (a)(3)(iii)(B)(1) of this section, that continue for 
more than two hours in excess of permit requirements, the report must be 
made within 48 hours.
    (3) For all other deviations from permit requirements, the report 
shall be contained in the report submitted in accordance with the 
timeframe given in paragraph (a)(3)(iii)(A).
    (4) A permit may contain a more stringent reporting requirement than 
required by paragraphs (a)(3)(iii)(B)(1), (2), or (3).
    If any of the above conditions are met, the source must notify the 
permitting authority by telephone or facsimile based on the timetable 
listed in paragraphs (a)(3)(iii)(B) (1) through (4) of this section. A 
written notice, certified consistent with Sec. 71.5(d), must be 
submitted within 10 working days of the occurrence. All deviations 
reported under paragraph (a)(3)(iii)(A) of this section must also be 
identified in the 6 month report required under paragraph (a)(3)(iii)(A) 
of this section.
    (C) For purposes of paragraph (a)(3)(iii)(B) of this section, 
deviation means any situation in which an emissions unit fails to meet a 
permit term or condition. A deviation is not always a violation. A 
deviation can be determined by observation or through review of data 
obtained from any testing, monitoring, or recordkeeping established in 
accordance with paragraphs (a)(3)(i) and (a)(3)(ii) of this section. For 
a situation lasting more than 24 hours which constitutes a deviation, 
each 24 hour period is considered a separate deviation. Included in the 
meaning of deviation are any of the following:
    (1) A situation where emissions exceed an emission limitation or 
standard;
    (2) A situation where process or emissions control device parameter 
values indicate that an emission limitation or standard has not been 
met;
    (3) A situation in which observations or data collected demonstrates 
noncompliance with an emission limitation or standard or any work 
practice or operating condition required by the permit;
    (4) A situation in which an exceedance or an excursion, as defined 
in part 64 of this chapter, occurs.
    (4) A permit condition prohibiting emissions exceeding any 
allowances that the source lawfully holds under 40 CFR parts 72 through 
78.
    (i) No permit revision shall be required for increases in emissions 
that are authorized by allowances acquired pursuant to the acid rain 
program, provided that such increases do not require a permit revision 
under any other applicable requirement.
    (ii) No limit shall be placed on the number of allowances held by 
the source. The source may not, however, use allowances as a defense to 
noncompliance with any other applicable requirement.
    (iii) Any such allowance shall be accounted for according to the 
procedures established in regulations 40 CFR parts 72 through 78.
    (5) A severability clause to ensure the continued validity of the 
various permit requirements in the event of a challenge to any portions 
of the permit.
    (6) Provisions stating the following:
    (i) The permittee must comply with all conditions of the part 71 
permit. Any permit noncompliance constitutes a violation of the Act and 
is grounds for enforcement action; for permit termination, revocation 
and reissuance, or modification; or for denial of a permit renewal 
application.
    (ii) Need to halt or reduce activity not a defense. It shall not be 
a defense for a permittee in an enforcement action that it would have 
been necessary to halt or reduce the permitted activity in order to 
maintain compliance with the conditions of this permit.
    (iii) The permit may be modified, revoked, reopened, and reissued, 
or terminated for cause. The filing of a request by the permittee for a 
permit modification, revocation and

[[Page 276]]

reissuance, or termination, or of a notification of planned changes or 
anticipated noncompliance does not stay any permit condition.
    (iv) The permit does not convey any property rights of any sort, or 
any exclusive privilege.
    (v) The permittee shall furnish to the permitting authority, within 
a reasonable time, any information that the permitting authority may 
request in writing to determine whether cause exists for modifying, 
revoking and reissuing, or terminating the permit or to determine 
compliance with the permit. Upon request, the permittee shall also 
furnish to the permitting authority copies of records required to be 
kept by the permit or, in the case of a program delegated pursuant to 
Sec. 71.10, for information claimed to be confidential, the permittee 
may furnish such records directly to the Administrator along with a 
claim of confidentiality.
    (7) A provision to ensure that a part 71 source pays fees to the 
Administrator consistent with the fee schedule approved pursuant to 
Sec. 71.9.
    (8) Emissions trading. A provision stating that no permit revision 
shall be required, under any approved economic incentives, marketable 
permits, emissions trading and other similar programs or processes for 
changes that are provided for in the permit.
    (9) Terms and conditions for reasonably anticipated operating 
scenarios identified by the source in its application as approved by the 
permitting authority. Such terms and conditions:
    (i) Shall require the source, contemporaneously with making a change 
from one operating scenario to another, to record in a log at the 
permitted facility a record of the scenario under which it is operating;
    (ii) May extend the permit shield described in paragraph (f) of this 
section to all terms and conditions under each such operating scenario; 
and
    (iii) Must ensure that the terms and conditions of each such 
alternative scenario meet all applicable requirements and the 
requirements of this part.
    (10) Terms and conditions, if the permit applicant requests them, 
for the trading of emissions increases and decreases in the permitted 
facility, to the extent that the applicable requirements provide for 
trading such increases and decreases without a case-by-case approval of 
each emissions trade. Such terms and conditions:
    (i) Shall include all terms required under paragraphs (a) and (c) of 
this section to determine compliance;
    (ii) May extend the permit shield described in paragraph (f) of this 
section to all terms and conditions that allow such increases and 
decreases in emissions; and
    (iii) Must meet all applicable requirements and requirements of this 
part.
    (11) Permit expiration. A provision to ensure that a part 71 permit 
expires upon the earlier occurrence of the following events:
    (i) twelve years elapses from the date of issuance to a solid waste 
incineration unit combusting municipal waste subject to standards under 
section 112(e) of the Act; or
    (ii) five years elapses from the date of issuance; or
    (iii) the source is issued a part 70 permit.
    (12) Off Permit Changes. A provision allowing changes that are not 
addressed or prohibited by the permit, other than those subject to the 
requirements of 40 CFR parts 72 through 78 or those that are 
modifications under any provision of title I of the Act to be made 
without a permit revision, provided that the following requirements are 
met:
    (i) Each such change shall meet all applicable requirements and 
shall not violate any existing permit term or condition;
    (ii) Sources must provide contemporaneous written notice to the 
permitting authority (and EPA, in the case of a program delegated 
pursuant to Sec. 71.10) of each such change, except for changes that 
qualify as insignificant under Sec. 71.5(c)(11). Such written notice 
shall describe each such change, including the date, any change in 
emissions, pollutants emitted, and any applicable requirement that would 
apply as a result of the change;
    (iii) The change shall not qualify for the shield under Sec. 
71.6(f);
    (iv) The permittee shall keep a record describing changes made at 
the source that result in emissions of a regulated air pollutant subject 
to an

[[Page 277]]

applicable requirement, but not otherwise regulated under the permit, 
and the emissions resulting from those changes.
    (13) Operational flexibility. Provisions consistent with paragraphs 
(a)(3)(i) through (iii) of this section to allow changes within a 
permitted facility without requiring a permit revision, if the changes 
are not modifications under any provision of title I of the Act and the 
changes do not exceed the emissions allowable under the permit (whether 
expressed therein as a rate of emissions or in terms of total 
emissions): Provided, that the facility provides the Administrator (in 
the case of a program delegated pursuant to Sec. 71.10) and the 
permitting authority with written notification as required below in 
advance of the proposed changes, which shall be a minimum of 7 days.
    (i) The permit shall allow the permitted source to make section 
502(b)(10) changes without requiring a permit revision, if the changes 
are not modifications under any provision of title I of the Act and the 
changes do not exceed the emissions allowable under the permit (whether 
expressed therein as a rate of emissions or in terms of total 
emissions).
    (A) For each such change, the written notification required above 
shall include a brief description of the change within the permitted 
facility, the date on which the change will occur, any change in 
emissions, and any permit term or condition that is no longer applicable 
as a result of the change.
    (B) The permit shield described in Sec. 71.6(f) shall not apply to 
any change made pursuant to this paragraph (a)(13)(i).
    (ii) The permit may provide for the permitted source to trade 
increases and decreases in emissions in the permitted facility, where 
the applicable implementation plan provides for such emissions trades 
without requiring a permit revision and based on the 7-day notice 
prescribed in this paragraph (a)(13)(ii) of this section. This provision 
is available in those cases where the permit does not already provide 
for such emissions trading.
    (A) Under this paragraph (a)(13)(ii), the written notification 
required above shall include such information as may be required by the 
provision in the applicable implementation plan authorizing the 
emissions trade, including at a minimum, when the proposed change will 
occur, a description of each such change, any change in emissions, the 
permit requirements with which the source will comply using the 
emissions trading provisions of the applicable implementation plan, and 
the pollutants emitted subject to the emissions trade. The notice shall 
also refer to the provisions with which the source will comply in the 
applicable implementation plan and that provide for the emissions trade.
    (B) The permit shield described in Sec. 71.6(f) shall not extend to 
any change made under this paragraph (a)(13)(ii). Compliance with the 
permit requirements that the source will meet using the emissions trade 
shall be determined according to requirements of the applicable 
implementation plan authorizing the emissions trade.
    (iii) The permit shall require the permitting authority, if a permit 
applicant requests it, to issue permits that contain terms and 
conditions, including all terms required under Sec. 71.6 (a) and (c) to 
determine compliance, allowing for the trading of emissions increases 
and decreases in the permitted facility solely for the purpose of 
complying with a federally-enforceable emissions cap that is established 
in the permit independent of otherwise applicable requirements. The 
permit applicant shall include in its application proposed replicable 
procedures and permit terms that ensure the emissions trades are 
quantifiable and enforceable. The permitting authority shall not be 
required to include in the emissions trading provisions any emissions 
units for which emissions are not quantifiable or for which there are no 
replicable procedures to enforce the emissions trades. The permit shall 
also require compliance with all applicable requirements.
    (A) Under this paragraph (a)(13)(iii), the written notification 
required above shall state when the change will occur and shall describe 
the changes in emissions that will result and how these increases and 
decreases in emissions will

[[Page 278]]

comply with the terms and conditions of the permit.
    (B) The permit shield described in Sec. 71.6(f) may extend to terms 
and conditions that allow such increases and decreases in emissions.
    (b) Federally-enforceable requirements. All terms and conditions in 
a part 71 permit, including any provisions designed to limit a source's 
potential to emit, are enforceable by the Administrator and citizens 
under the Act.
    (c) Compliance requirements. All part 71 permits shall contain the 
following elements with respect to compliance:
    (1) Consistent with paragraph (a)(3) of this section, compliance 
certification, testing, monitoring, reporting, and recordkeeping 
requirements sufficient to assure compliance with the terms and 
conditions of the permit. Any document (including reports) required by a 
part 71 permit shall contain a certification by a responsible official 
that meets the requirements of Sec. 71.5(d).
    (2) Inspection and entry requirements that require that, upon 
presentation of credentials and other documents as may be required by 
law, the permittee shall allow the permitting authority or an authorized 
representative to perform the following:
    (i) Enter upon the permittee's premises where a part 71 source is 
located or emissions-related activity is conducted, or where records 
must be kept under the conditions of the permit;
    (ii) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of the permit;
    (iii) Inspect at reasonable times any facilities, equipment 
(including monitoring and air pollution control equipment), practices, 
or operations regulated or required under the permit; and
    (iv) As authorized by the Act, sample or monitor at reasonable times 
substances or parameters for the purpose of assuring compliance with the 
permit or applicable requirements.
    (3) A schedule of compliance consistent with Sec. 71.5(c)(8).
    (4) Progress reports consistent with an applicable schedule of 
compliance and Sec. 71.5(c)(8) to be submitted at least semiannually, 
or at a more frequent period if specified in the applicable requirement 
or by the permitting authority. Such progress reports shall contain the 
following:
    (i) Dates for achieving the activities, milestones, or compliance 
required in the schedule of compliance, and dates when such activities, 
milestones or compliance were achieved; and
    (ii) An explanation of why any dates in the schedule of compliance 
were not or will not be met, and any preventive or corrective measures 
adopted.
    (5) Requirements for compliance certification with terms and 
conditions contained in the permit, including emission limitations, 
standards, or work practices. Permits shall include each of the 
following:
    (i) The frequency (not less than annually or such more frequent 
periods as specified in the applicable requirement or by the permitting 
authority) of submissions of compliance certifications;
    (ii) In accordance with Sec. 71.6(a)(3), a means for monitoring the 
compliance of the source with its emissions limitations, standards, and 
work practices;
    (iii) A requirement that the compliance certification include all of 
the following (provided that the identification of applicable 
information may cross-reference the permit or previous reports, as 
applicable):
    (A) The identification of each term or condition of the permit that 
is the basis of the certification;
    (B) The identification of the method(s) or other means used by the 
owner or operator for determining the compliance status with each term 
and condition during the certification period. Such methods and other 
means shall include, at a minimum, the methods and means required under 
paragraph (a)(3) of this section;
    (C) The status of compliance with the terms and conditions of the 
permit for the period covered by the certification, including whether 
compliance during the period was continuous or intermittent. The 
certification shall be based on the method or means designated in 
paragraph (c)(5)(iii)(B) of this section. The certification shall 
identify each deviation and take it into account in the compliance 
certification; and

[[Page 279]]

    (D) Such other facts as the permitting authority may require to 
determine the compliance status of the source.
    (iv) A requirement that all compliance certifications be submitted 
to the Administrator as well as to the permitting authority.
    (6) Such other provisions as the permitting authority may require.
    (d) General permits. (1) The permitting authority may, after notice 
and opportunity for public participation provided under Sec. 71.11, 
issue a general permit covering numerous similar sources. Any general 
permit shall comply with all requirements applicable to other part 71 
permits and shall identify criteria by which sources may qualify for the 
general permit. To sources that qualify, the permitting authority shall 
grant the conditions and terms of the general permit. Notwithstanding 
the shield provisions of paragraph (f) of this section, the source shall 
be subject to enforcement action for operation without a part 71 permit 
if the source is later determined not to qualify for the conditions and 
terms of the general permit. General permits shall not be authorized for 
affected sources under the acid rain program unless otherwise provided 
in 40 CFR parts 72 through 78.
    (2) Part 71 sources that would qualify for a general permit must 
apply to the permitting authority for coverage under the terms of the 
general permit or must apply for a part 71 permit consistent with Sec. 
71.5. The permitting authority may, in the general permit, provide for 
applications which deviate from the requirements of Sec. 71.5, provided 
that such applications meet the requirements of title V of the Act, and 
include all information necessary to determine qualification for, and to 
assure compliance with, the general permit. Without repeating the public 
participation procedures required under Sec. 71.11, the permitting 
authority may grant a source's request for authorization to operate 
under a general permit, but such a grant shall not be a final permit 
action for purposes of judicial review.
    (e) Temporary sources. The permitting authority may issue a single 
permit authorizing emissions from similar operations by the same source 
owner or operator at multiple temporary locations. The operation must be 
temporary and involve at least one change of location during the term of 
the permit. No affected source shall be permitted as a temporary source. 
Permits for temporary sources shall include the following:
    (1) Conditions that will assure compliance with all applicable 
requirements at all authorized locations;
    (2) Requirements that the owner or operator notify the permitting 
authority at least 10 days in advance of each change in location; and
    (3) Conditions that assure compliance with all other provisions of 
this section.
    (f) Permit shield. (1) Except as provided in this part, the 
permitting authority may expressly include in a part 71 permit a 
provision stating that compliance with the conditions of the permit 
shall be deemed compliance with any applicable requirements as of the 
date of permit issuance, provided that:
    (i) Such applicable requirements are included and are specifically 
identified in the permit; or
    (ii) The permitting authority, in acting on the permit application 
or revision, determines in writing that other requirements specifically 
identified are not applicable to the source, and the permit includes the 
determination or a concise summary thereof.
    (2) A part 71 permit that does not expressly state that a permit 
shield exists shall be presumed not to provide such a shield.
    (3) Nothing in this paragraph or in any part 71 permit shall alter 
or affect the following:
    (i) The provisions of section 303 of the Act (emergency orders), 
including the authority of the Administrator under that section;
    (ii) The liability of an owner or operator of a source for any 
violation of applicable requirements prior to or at the time of permit 
issuance;
    (iii) The applicable requirements of the acid rain program, 
consistent with section 408(a) of the Act; or
    (iv) The ability of EPA to obtain information from a source pursuant 
to section 114 of the Act.
    (g) Emergency provision--(1) Definition. An ``emergency'' means any 
situation

[[Page 280]]

arising from sudden and reasonably unforeseeable events beyond the 
control of the source, including acts of God, which situation requires 
immediate corrective action to restore normal operation, and that causes 
the source to exceed a technology-based emission limitation under the 
permit, due to unavoidable increases in emissions attributable to the 
emergency. An emergency shall not include noncompliance to the extent 
caused by improperly designed equipment, lack of preventative 
maintenance, careless or improper operation, or operator error.
    (2) Effect of an emergency. An emergency constitutes an affirmative 
defense to an action brought for noncompliance with such technology-
based emission limitations if the conditions of paragraph (g)(3) of this 
section are met.
    (3) The affirmative defense of emergency shall be demonstrated 
through properly signed, contemporaneous operating logs, or other 
relevant evidence that:
    (i) An emergency occurred and that the permittee can identify the 
cause(s) of the emergency;
    (ii) The permitted facility was at the time being properly operated;
    (iii) During the period of the emergency the permittee took all 
reasonable steps to minimize levels of emissions that exceeded the 
emission standards, or other requirements in the permit; and
    (iv) The permittee submitted notice of the emergency to the 
permitting authority within 2 working days of the time when emission 
limitations were exceeded due to the emergency. This notice fulfills the 
requirement of paragraph (a)(3)(iii)(B) of this section. This notice 
must contain a description of the emergency, any steps taken to mitigate 
emissions, and corrective actions taken.
    (4) In any enforcement proceeding, the permittee seeking to 
establish the occurrence of an emergency has the burden of proof.
    (5) This provision is in addition to any emergency or upset 
provision contained in any applicable requirement.

[61 FR 34228, July 1, 1996, as amended at 62 FR 54947, Oct. 22, 1997; 66 
FR 12876, Mar. 1, 2001; 66 FR 55885, Nov. 5, 2001; 68 FR 38523, June 27, 
2003]



Sec. 71.7  Permit issuance, renewal, reopenings, and revisions.

    (a) Action on application. (1) A permit, permit modification, or 
renewal may be issued only if all of the following conditions have been 
met:
    (i) The permitting authority has received a complete application for 
a permit, permit modification, or permit renewal, except that a complete 
application need not be received before issuance of a general permit 
under Sec. 71.6(d);
    (ii) Except for modifications qualifying for minor permit 
modification procedures under paragraphs (e) (1) and (2) of this 
section, the permitting authority has complied with the requirements for 
public participation under this section or Sec. 71.11, as applicable;
    (iii) The permitting authority has complied with the requirements 
for notifying and responding to affected States under Sec. 71.8(a);
    (iv) The conditions of the permit provide for compliance with all 
applicable requirements and the requirements of this part; and
    (v) In the case of a program delegated pursuant to Sec. 71.10, the 
Administrator has received a copy of the proposed permit and any notices 
required under Sec. 71.10(d) and has not objected to issuance of the 
permit under Sec. 71.10(g) within the time period specified therein.
    (2) Except as provided under the initial transition plan provided 
for under Sec. 71.4(i) or under 40 CFR part 72 or title V of the Act 
for the permitting of affected sources under the acid rain program, the 
permitting authority shall take final action on each permit application 
(including a request for permit modification or renewal) within 18 
months after receiving a complete application.
    (3) The permitting authority shall ensure that priority is given to 
taking action on applications for construction

[[Page 281]]

or modification under title I, parts C and D of the Act.
    (4) The permitting authority shall promptly provide notice to the 
applicant of whether the application is complete. Unless the permitting 
authority requests additional information or otherwise notifies the 
applicant of incompleteness within 60 days of receipt of an application, 
the application shall be deemed complete. For modifications processed 
through minor permit modification procedures, such as those in 
paragraphs (e) (1) and (2) of this section, the permitting authority 
need not make a completeness determination.
    (5) The permitting authority shall provide a statement that sets 
forth the legal and factual basis for the draft permit conditions 
(including references to the applicable statutory or regulatory 
provisions). The permitting authority shall send this statement to any 
person who requests it, and to EPA, in the case of a program delegated 
pursuant to Sec. 71.10.
    (6) The submittal of a complete application shall not affect the 
requirement that any source have a preconstruction permit under title I 
of the Act.
    (b) Requirement for a permit. Except as provided in the following 
sentence, Sec. 71.6(a)(13), and paragraphs (e)(1)(v) and e(2)(v) of 
this section, no part 71 source may operate after the time that it is 
required to submit a timely and complete application under this part, 
except in compliance with a permit issued under this part. If a part 71 
source submits a timely and complete application for permit issuance 
(including for renewal), the source's failure to have a part 71 permit 
is not a violation of this part until the permitting authority takes 
final action on the permit application, except as noted in this section. 
This protection shall cease to apply if, subsequent to the completeness 
determination made pursuant to paragraph (a)(4) of this section, and as 
required by Sec. 71.5(c), the applicant fails to submit by the deadline 
specified in writing by the permitting authority any additional 
information identified as being needed to process the application.
    (c) Permit renewal and expiration. (1) (i) Permits being renewed are 
subject to the same procedural requirements, including those for public 
participation, affected State review, and EPA review (in the case of a 
program delegated pursuant to Sec. 71.10) that apply to initial permit 
issuance.
    (ii) Permit expiration terminates the source's right to operate 
unless a timely and complete renewal application has been submitted 
consistent with paragraph (b) of this section and Sec. 71.5(a)(1)(iii).
    (2) In the case of a program delegated pursuant to Sec. 71.10, if 
the permitting authority fails to act in a timely way on permit renewal, 
EPA may invoke its authority under section 505(e) of the Act to 
terminate or revoke and reissue the permit.
    (3) If a timely and complete application for a permit renewal is 
submitted, consistent with Sec. 71.5(a)(2), but the permitting 
authority has failed to issue or deny the renewal permit before the end 
of the term of the previous part 70 or 71 permit, then the permit shall 
not expire until the renewal permit has been issued or denied and any 
permit shield that may be granted pursuant to Sec. 71.6(f) may extend 
beyond the original permit term until renewal; or all the terms and 
conditions of the permit including any permit shield that may be granted 
pursuant to Sec. 71.6(f) shall remain in effect until the renewal 
permit has been issued or denied.
    (d) Administrative permit amendments. (1) An ``administrative permit 
amendment'' is a permit revision that:
    (i) Corrects typographical errors;
    (ii) Identifies a change in the name, address, or phone number of 
any person identified in the permit, or provides a similar minor 
administrative change at the source;
    (iii) Requires more frequent monitoring or reporting by the 
permittee;
    (iv) Allows for a change in ownership or operational control of a 
source where the permitting authority determines that no other change in 
the permit is necessary, provided that a written agreement containing a 
specific date for transfer of permit responsibility, coverage, and 
liability between the current and new permittee has been submitted to 
the permitting authority;
    (v) Incorporates into the part 71 permit the requirements from

[[Page 282]]

preconstruction review permits authorized under an EPA-approved program, 
provided that such a program meets procedural requirements substantially 
equivalent to the requirements of Sec. Sec. 71.7 and 71.8 (and Sec. 
71.10 in the case of a delegated program) that would be applicable to 
the change if it were subject to review as a permit modification, and 
compliance requirements substantially equivalent to those contained in 
Sec. 71.6; or
    (vi) Incorporates any other type of change which the Administrator 
has determined to be similar to those in paragraphs (d)(1)(i) through 
(iv) of this section.
    (2) Administrative permit amendments for purposes of the acid rain 
portion of the permit shall be governed by 40 CFR part 72.
    (3) Administrative permit amendment procedures. An administrative 
permit amendment may be made by the permitting authority consistent with 
the following:
    (i) The permitting authority shall take no more than 60 days from 
receipt of a request for an administrative permit amendment to take 
final action on such request, and may incorporate such changes without 
providing notice to the public or affected States provided that it 
designates any such permit revisions as having been made pursuant to 
this paragraph.
    (ii) The permitting authority shall submit a copy of the revised 
permit to the Administrator in the case of a program delegated pursuant 
to Sec. 71.10.
    (iii) The source may implement the changes addressed in the request 
for an administrative amendment immediately upon submittal of the 
request.
    (4) The permitting authority may, upon taking final action granting 
a request for an administrative permit amendment, allow coverage by the 
permit shield in Sec. 71.6(f) for administrative permit amendments made 
pursuant to paragraph (d)(1)(v) of this section which meet the relevant 
requirements of Sec. Sec. 71.6, 71.7, and 71.8 for significant permit 
modifications.
    (e) Permit modifications. A permit modification is any revision to a 
part 71 permit that cannot be accomplished under the provisions for 
administrative permit amendments under paragraph (d) of this section. A 
permit modification for purposes of the acid rain portion of the permit 
shall be governed by 40 CFR part 72.
    (1) Minor permit modification procedures. (i) Criteria. (A) Minor 
permit modification procedures may be used only for those permit 
modifications that:
    (1) Do not violate any applicable requirement;
    (2) Do not involve significant changes to existing monitoring, 
reporting, or recordkeeping requirements in the permit;
    (3) Do not require or change a case-by-case determination of an 
emission limitation or other standard, or a source-specific 
determination for temporary sources of ambient impacts, or a visibility 
or increment analysis;
    (4) Do not seek to establish or change a permit term or condition 
for which there is no corresponding underlying applicable requirement 
and that the source has assumed to avoid an applicable requirement to 
which the source would otherwise be subject. Such terms and conditions 
include:
    (i) A federally enforceable emissions cap assumed to avoid 
classification as a modification under any provision of title I; and
    (ii) An alternative emissions limit approved pursuant to regulations 
promulgated under section 112(i)(5) of the Act;
    (5) Are not modifications under any provision of title I of the Act; 
and
    (6) Are not required to be processed as a significant modification.
    (B) Notwithstanding paragraphs (e)(1)(i)(A) and (e)(2)(i) of this 
section, minor permit modification procedures may be used for permit 
modifications involving the use of economic incentives, marketable 
permits, emissions trading, and other similar approaches, to the extent 
that such minor permit modification procedures are explicitly provided 
for in an applicable implementation plan or in applicable requirements 
promulgated by EPA.
    (ii) Application. An application requesting the use of minor permit 
modification procedures shall meet the requirements of Sec. 71.5(c) and 
shall include the following:

[[Page 283]]

    (A) A description of the change, the emissions resulting from the 
change, and any new applicable requirements that will apply if the 
change occurs;
    (B) The source's suggested draft permit;
    (C) Certification by a responsible official, consistent with Sec. 
71.5(d), that the proposed modification meets the criteria for use of 
minor permit modification procedures and a request that such procedures 
be used; and
    (D) Completed forms for the permitting authority to use to notify 
affected States (and the Administrator in the case of a program 
delegated pursuant to Sec. 71.10) as required under Sec. Sec. 71.8 and 
71.10(d).
    (iii) EPA and affected State notification. Within 5 working days of 
receipt of a complete permit modification application, the permitting 
authority shall meet its obligation under Sec. 71.8(a) to notify 
affected States (and its obligation under Sec. 71.10(d) to notify the 
Administrator in the case of a program delegated pursuant to Sec. 
71.10) of the requested permit modification. In the case of a program 
delegated pursuant to Sec. 71.10, the permitting authority promptly 
shall send any notice required under Sec. 71.8(b) to the Administrator.
    (iv) Timetable for issuance. In the case of a program delegated 
pursuant to Sec. 71.10, the permitting authority may not issue a final 
permit modification until after EPA's 45-day review period or until EPA 
has notified the permitting authority that EPA will not object to 
issuance of the permit modification, whichever is first, although the 
permitting authority can approve the permit modification prior to that 
time. Within 90 days of the permitting authority's receipt of an 
application under minor permit modification procedures (or 15 days after 
the end of the Administrator's 45-day review period under Sec. 71.10(g) 
in the case of a program delegated pursuant to Sec. 71.10, whichever is 
later), the permitting authority shall:
    (A) Issue the permit modification as proposed;
    (B) Deny the permit modification application;
    (C) Determine that the requested modification does not meet the 
minor permit modification criteria and should be reviewed under the 
significant modification procedures; or
    (D) Revise the draft permit modification (and, in the case of a 
program delegated pursuant to Sec. 71.10, transmit to the Administrator 
the new proposed permit modification as required by Sec. 71.10(d)).
    (v) Source's ability to make change. The source may make the change 
proposed in its minor permit modification application immediately after 
it files such application. After the source makes the change allowed by 
the preceding sentence, and until the permitting authority takes any of 
the actions specified in paragraphs (e)(1)(iv) (A) through (C) of this 
section, the source must comply with both the applicable requirements 
governing the change and the proposed permit terms and conditions. 
During this time period, the source need not comply with the existing 
permit terms and conditions it seeks to modify. However, if the source 
fails to comply with its proposed permit terms and conditions during 
this time period, the existing permit terms and conditions it seeks to 
modify may be enforced against it.
    (vi) Permit shield. The permit shield under Sec. 71.6(f) may not 
extend to minor permit modifications.
    (2) Group processing of minor permit modifications. Consistent with 
this paragraph, the permitting authority may modify the procedure 
outlined in paragraph (e)(1) of this section to process groups of a 
source's applications for certain modifications eligible for minor 
permit modification processing.
    (i) Criteria. Group processing of modifications may be used only for 
those permit modifications:
    (A) That meet the criteria for minor permit modification procedures 
under paragraph (e)(1)(i)(A) of this section; and
    (B) That collectively are below the threshold level of 10 percent of 
the emissions allowed by the permit for the emissions unit for which the 
change is requested, 20 percent of the applicable definition of major 
source in Sec. 71.2, or 5 tpy, whichever is least.
    (ii) Application. An application requesting the use of group 
processing procedures shall meet the requirements

[[Page 284]]

of Sec. 71.5(c) and shall include the following:
    (A) A description of the change, the emissions resulting from the 
change, and any new applicable requirements that will apply if the 
change occurs.
    (B) The source's suggested draft permit.
    (C) Certification by a responsible official, consistent with Sec. 
71.5(d), that the proposed modification meets the criteria for use of 
group processing procedures and a request that such procedures be used.
    (D) A list of the source's other pending applications awaiting group 
processing, and a determination of whether the requested modification, 
aggregated with these other applications, equals or exceeds the 
threshold set under paragraph (e)(2)(i)(B) of this section.
    (E) Certification, consistent with Sec. 71.5(d), that, in the case 
of a program delegated pursuant to Sec. 71.10, the source has notified 
EPA of the proposed modification. Such notification need only contain a 
brief description of the requested modification.
    (F) Completed forms for the permitting authority to use to notify 
affected States as required under Sec. 71.8 (and the Administrator as 
required under Sec. 71.10(d) in the case of a program delegated 
pursuant to Sec. 71.10).
    (iii) EPA and affected State notification. On a quarterly basis or 
within 5 business days of receipt of an application demonstrating that 
the aggregate of a source's pending applications equals or exceeds the 
threshold level set under paragraph (e)(2)(i)(B) of this section, 
whichever is earlier, the permitting authority promptly shall meet its 
obligation under Sec. 71.8(a) to notify affected States (and its 
obligation under Sec. 71.10(d) to notify EPA in the case of a program 
delegated pursuant to Sec. 71.10) of the requested permit modification. 
The permitting authority shall send any notice required under Sec. 
71.8(b) to the Administrator in the case of a program delegated pursuant 
to Sec. 71.10.
    (iv) Timetable for issuance. The provisions of paragraph (e)(1)(iv) 
of this section shall apply to modifications eligible for group 
processing, except that the permitting authority shall take one of the 
actions specified in paragraphs (e)(1)(iv) (A) through (D) of this 
section within 180 days of receipt of the application (or, in the case 
of a program delegated pursuant to Sec. 71.10, 15 days after the end of 
the Administrator's 45-day review period under Sec. 71.10(g), whichever 
is later).
    (v) Source's ability to make change. The provisions of paragraph 
(e)(1)(v) of this section shall apply to modifications eligible for 
group processing.
    (vi) Permit shield. The provisions of paragraph (e)(1)(vi) of this 
section shall also apply to modifications eligible for group processing.
    (3) Significant modification procedures--(i) Criteria. Significant 
modification procedures shall be used for applications requesting permit 
modifications that do not qualify as minor permit modifications or as 
administrative amendments. Every significant change in existing 
monitoring permit terms or conditions and every relaxation of reporting 
or recordkeeping permit terms or conditions shall be considered 
significant. Nothing herein shall be construed to preclude the permittee 
from making changes consistent with this part that would render existing 
permit compliance terms and conditions irrelevant.
    (ii) Significant permit modifications shall meet all requirements of 
this part, including those for applications, public participation, 
review by affected States, and review by EPA (in the case of a program 
delegated pursuant to Sec. 71.10), as they apply to permit issuance and 
permit renewal. The permitting authority shall design and implement this 
review process to complete review on the majority of significant permit 
modifications within 9 months after receipt of a complete application.
    (f) Reopening for cause. (1) Each issued permit shall include 
provisions specifying the conditions under which the permit will be 
reopened prior to the expiration of the permit. A permit shall be 
reopened and revised under any of the following circumstances:
    (i) Additional applicable requirements under the Act become 
applicable to a major part 71 source with a remaining permit term of 3 
or more years. Such a reopening shall be completed not later than 18 
months after

[[Page 285]]

promulgation of the applicable requirement. No such reopening is 
required if the effective date of the requirement is later than the date 
on which the permit is due to expire, unless the original permit or any 
of its terms and conditions have been extended pursuant to paragraph 
(c)(3) of this section.
    (ii) Additional requirements (including excess emissions 
requirements) become applicable to an affected source under the acid 
rain program. Upon approval by the Administrator, excess emissions 
offset plans shall be deemed to be incorporated into the permit.
    (iii) The permitting authority (or EPA, in the case of a program 
delegated pursuant to Sec. 71.10) determines that the permit contains a 
material mistake or that inaccurate statements were made in establishing 
the emissions standards or other terms or conditions of the permit.
    (iv) The permitting authority (or EPA, in the case of a program 
delegated pursuant to Sec. 71.10) determines that the permit must be 
revised or revoked to assure compliance with the applicable 
requirements.
    (2) Proceedings to reopen and issue a permit shall follow the same 
procedures as apply to initial permit issuance and shall affect only 
those parts of the permit for which cause to reopen exists, and shall be 
made as expeditiously as practicable.
    (3) Reopenings under paragraph (f)(1) of this section shall not be 
initiated before a notice of such intent is provided to the part 71 
source by the permitting authority at least 30 days in advance of the 
date that the permit is to be reopened, except that the permitting 
authority may provide a shorter time period in the case of an emergency.
    (g) Reopenings for cause by EPA for delegated programs. (1) In the 
case of a program delegated pursuant to Sec. 71.10, if the 
Administrator finds that cause exists to terminate, modify, or revoke 
and reissue a permit pursuant to paragraph (f) of this section, the 
Administrator will notify the permitting authority and the permittee of 
such finding in writing.
    (2) The permitting authority shall, within 90 days after receipt of 
such notification, forward to EPA a proposed determination of 
termination, modification, or revocation and reissuance, as appropriate. 
The Administrator may extend this 90-day period for an additional 90 
days if he or she finds that a new or revised permit application is 
necessary or that the permitting authority must require the permittee to 
submit additional information.
    (3) The Administrator will review the proposed determination from 
the permitting authority within 90 days of receipt.
    (4) The permitting authority shall have 90 days from receipt of an 
EPA objection to resolve any objection that EPA makes and to terminate, 
modify, or revoke and reissue the permit in accordance with the 
Administrator's objection.
    (5) If the permitting authority fails to submit a proposed 
determination pursuant to paragraph (g)(2) of this section or fails to 
resolve any objection pursuant to paragraph (g)(4) of this section, the 
Administrator will terminate, modify, or revoke and reissue the permit 
after taking the following actions:
    (i) Providing at least 30 days' notice to the permittee in writing 
of the reasons for any such action. This notice may be given during the 
procedures in paragraphs (g) (1) through (4) of this section.
    (ii) Providing the permittee an opportunity for comment on the 
Administrator's proposed action and an opportunity for a hearing.



Sec. 71.8  Affected State review.

    (a) Notice of draft permits. When a part 71 operating permits 
program becomes effective in a State or within Indian country, the 
permitting authority shall provide notice of each draft permit to any 
affected State, as defined in Sec. 71.2 on or before the time that the 
permitting authority provides this notice to the public pursuant to 
Sec. 71.7 or Sec. 71.11(d) except to the extent Sec. 71.7(e)(1) or 
(2) requires the timing of the notice to be different.
    (b) Notice of refusal to accept recommendations. Prior to issuance 
of the final permit, the permitting authority shall notify any affected 
State in writing of any refusal by the permitting authority to accept 
all recommendations for the proposed permit that the affected State 
submitted during the

[[Page 286]]

public or affected State review period. The notice shall include the 
permitting authority's reasons for not accepting any such 
recommendation. The permitting authority is not required to accept 
recommendations that are not based on applicable requirements or the 
requirements of this part. In the case of a program delegated pursuant 
to Sec. 71.10, the permitting authority shall include such notice as 
part of the submittal of the proposed permit to the Administrator (or as 
soon as possible after the submittal for minor permit modification 
procedures allowed under Sec. 71.7(e)(1) or (2)).
    (c) Waiver of notice requirements. The Administrator may waive the 
requirements of paragraph (a) of this section for any category of 
sources (including any class, type, or size within such category) other 
than major sources by regulation for a category of sources nationwide.
    (d) Notice provided to Indian Tribes. The permitting authority shall 
provide notice of each draft permit to any federally recognized Indian 
Tribe:
    (1) Whose air quality may be affected by the permitting action and 
is in an area contiguous to the jurisdiction in which the part 71 permit 
is proposed; or
    (2) Is within 50 miles of the permitted source.

[61 FR 34228, July 1, 1996, as amended at 64 FR 8263, Feb. 19, 1999]



Sec. 71.9  Permit fees.

    (a) Fee requirement. The owners or operators of part 71 sources 
shall pay annual fees, or the equivalent over some other period, that 
are sufficient to cover the permit program costs, in accordance with the 
procedures described in this section.
    (b) Permit program costs. These costs include, but are not limited 
to, the costs of the following activities as they relate to a part 71 
program:
    (1) Reviewing and acting on any application for a permit, permit 
revision, or permit renewal, including the development of an applicable 
requirement as part of the processing of a permit, or permit revision or 
renewal;
    (2) Processing permit reopenings;
    (3) General administrative costs of the permit program, including 
transition planning, interagency coordination, contract management, 
training, informational services and outreach activities, assessing and 
collecting fees, the tracking of permit applications, compliance 
certifications, and related data entry;
    (4) Implementing and enforcing the terms of any part 71 permit (not 
including any court costs or other costs associated with an enforcement 
action), including adequate resources to determine which sources are 
subject to the program;
    (5) Emissions and ambient monitoring, modeling, analyses, 
demonstrations, preparation of inventories, and tracking emissions, 
provided these activities are needed in order to issue and implement 
part 71 permits; and
    (6) Providing direct and indirect support to small business 
stationary sources in determining applicable requirements and in 
receiving permits under this part (to the extent that these services are 
not provided by a State Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program).
    (c) Establishment of fee schedule. (1) For part 71 programs that are 
administered by EPA, each part 71 source shall pay an annual fee in the 
amount of $32 per ton (as adjusted pursuant to the criteria set forth in 
paragraph (n)(1) of this section) times the total tons of the actual 
emissions of each regulated pollutant (for fee calculation) emitted from 
the source, including fugitive emissions.
    (2) For part 71 programs that are fully delegated pursuant to Sec. 
71.10:
    (i) Where the EPA has not suspended its part 71 fee collection 
pursuant to paragraph (c)(2)(ii) of this section, the annual fee for 
each part 71 source shall be $24 per ton (as adjusted pursuant to the 
criteria set forth in paragraph (n)(1) of this section) times the total 
tons of the actual emissions of each regulated pollutant (for fee 
calculation) emitted from the source, including fugitive emissions.
    (ii) Where the delegate State collects fees from part 71 sources 
under State law which are sufficient to fund the delegated part 71 
program, the EPA may suspend its collection of part 71 fees. The 
specific terms and conditions

[[Page 287]]

regarding the suspension of fee collection will be addressed in the 
applicable delegation agreement pursuant to Sec. 71.10.
    (3) For part 71 programs that are administered by EPA with 
contractor assistance, the per ton fee shall vary depending on the 
extent of contractor involvement and the cost to EPA of contractor 
assistance. The EPA shall establish a per ton fee that is based on the 
contractor costs for the specific part 71 program that is being 
administered, using the following formula:

Cost per ton=(Ex32)+[(1-E)x$C]

    Where E represents EPA's proportion of total effort (expressed as a 
percentage of total effort) needed to administer the part 71 program, 1-
E represents the contractor's effort, and C represents the contractor 
assistance cost on a per ton basis. C shall be computed by using the 
following formula:

C=[B+T+N] divided by 12,300,000

    Where B represents the base cost (contractor costs), where T 
represents travel costs, and where N represents nonpersonnel data 
management and tracking costs.
    (4) For programs that are delegated in part, the fee shall be 
computed using the following formula:

Cost per ton=(Ex32)+(Dx24)+[(1-E-D)x$C]

    Where E and D represent, respectively, the EPA and delegate agency 
proportions of total effort (expressed as a percentage of total effort) 
needed to administer the part 71 program, 1-E-D represents the 
contractor's effort, and C represents the contractor assistance cost on 
a per ton basis. C shall be computed using the formula for contractor 
assistance cost found in paragraph (c)(3) of this section and shall be 
zero if contractor assistance is not utilized.

    (5) The following emissions shall be excluded from the calculation 
of fees under paragraph (c)(1) through (c)(4) of this section:
    (i) The amount of a part 71 source's actual emissions of each 
regulated pollutant (for fee calculation) that the source emits in 
excess of four thousand (4,000) tpy;
    (ii) A part 71 source's actual emissions of any regulated pollutant 
(for fee calculation) already included in the fee calculation; and
    (iii) The insignificant quantities of actual emissions not required 
to be listed or calculated in a permit application pursuant to Sec. 
71.5(c)(11).
    (6) ``Actual emissions'' means the actual rate of emissions in tpy 
of any regulated pollutant (for fee calculation) emitted from a part 71 
source over the preceding calendar year. Actual emissions shall be 
calculated using each emissions unit's actual operating hours, 
production rates, in-place control equipment, and types of materials 
processed, stored, or combusted during the preceding calendar year.
    (7) Notwithstanding the provisions of paragraph (c) (1) through (4) 
of this section, if the Administrator determines that the fee structures 
provided in paragraphs (c)(1) through (4) of this section do not reflect 
the costs of administering a part 71 program, then the Administrator 
shall by rule set a fee which adequately reflects permit program costs 
for that program.
    (d) Prohibition on fees with respect to emissions from affected 
units. Notwithstanding any other provision of this section, during the 
years 1995 through 1999 inclusive, no fee for purposes of title V shall 
be required to be paid with respect to emissions from any affected unit 
under section 404 of the Act.
    (e) Submission of initial fee calculation work sheets and fees. (1) 
Each part 71 source shall complete and submit an initial fee calculation 
work sheet as provided in paragraphs (e)(2), (f), and (g) of this 
section and shall complete and submit fee calculation work sheets 
thereafter as provided in paragraph (h) of this section. Calculations of 
actual or estimated emissions and calculation of the fees owed by a 
source shall be computed by the source on fee calculation work sheets 
provided by EPA. Fee payment of the full amount must accompany each 
initial fee calculation work sheet.
    (2) The fee calculation work sheet shall require the source to 
submit a report of its actual emissions for the preceding calendar year 
and to compute fees owed based on those emissions. For sources that have 
been issued part 70 or part 71 permits, actual emissions shall be 
computed using compliance methods required by the most recent permit. If 
actual emissions cannot be determined using the compliance

[[Page 288]]

methods in the permit, the actual emissions should be determined using 
federally recognized procedures. If a source commenced operation during 
the preceding calendar year, the source shall estimate its actual 
emissions for the current calendar year. In such a case, fees for the 
source shall be based on the total emissions estimated.
    (3) The initial fee calculation worksheet shall be certified by a 
responsible official consistent with Sec. 71.5(d).
    (f) Deadlines for submission. (1) When EPA withdraws approval of a 
part 70 program and implements a part 71 program, part 71 sources shall 
submit initial fee calculation work sheets and fees in accordance with 
the following schedule:
    (i) Sources having SIC codes between 0100 and 2499 inclusive shall 
complete and submit fee calculation work sheets and fees within 6 months 
of the effective date of the part 71 program;
    (ii) Sources having SIC codes between 2500 and 2999 inclusive shall 
complete and submit fee calculation work sheets and fees within 7 months 
of the effective date of the part 71 program;
    (iii) Sources having SIC codes between 3000 and 3999 inclusive shall 
complete and submit fee calculation work sheets and fees within 8 months 
of the effective date of the part 71 program;
    (iv) Sources having SIC codes higher than 3999 shall complete and 
submit fee calculation work sheets and fees within 9 months of the 
effective date of the part 71 program.
    (2) Sources that are required under either paragraph (f)(1) or (g) 
of this section to submit fee calculation work sheets and fees between 
January 1 and March 31 may estimate their emissions for the preceding 
calendar year in lieu of submitting actual emissions data. If the 
source's initial fee calculation work sheet was based on estimated 
emissions for the source's preceding calendar year, then the source 
shall reconcile the fees owed when it submits its annual emissions 
report, as provided in paragraph (h)(3) of this section.
    (3) When EPA implements a part 71 program that does not replace an 
approved part 70 program, part 71 sources shall submit initial fee 
calculation work sheets and initial fees when submitting their permit 
applications in accordance with the requirements of Sec. 71.5(a)(1).
    (4) Notwithstanding the above, sources that become subject to the 
part 71 program after the program's effective date shall submit an 
initial fee calculation work sheet and initial fees when submitting 
their permit applications in accordance with the requirements of Sec. 
71.5(a)(1).
    (g) Fees for sources that are issued part 71 permits following an 
EPA objection pursuant to Sec. 71.4(e). Fees for such sources shall be 
determined as provided in paragraph (c)(1) of this section. However, 
initial fee calculation work sheets for such sources and full payment of 
the initial fee shall be due three months after the date on which the 
source's part 71 permit is issued.
    (h) Annual emissions reports--(1) Deadlines for submission. Each 
part 71 source shall submit an annual report of its actual emissions for 
the preceding calendar year, a fee calculation work sheet (based on the 
report), and full payment of the annual fee each year on the anniversary 
date of its initial fee calculation work sheet, except that sources that 
were required to submit initial fee calculation work sheets between 
January 1 and March 31 inclusive shall submit subsequent annual 
emissions reports and fee calculation work sheets by April 1.
    (2) Annual emissions reports and fee calculation worksheets shall be 
certified by a responsible official consistent with Sec. 71.5(d).
    (3) For sources that have been issued part 70 or part 71 permits, 
actual emissions shall be computed using methods required by the most 
current permit for determining compliance.
    (4) If the source's initial fee calculation work sheet was based on 
estimated emissions for the source's current or preceding calendar year, 
then the source shall reconcile the fees owed when it submits its annual 
emissions report. The source shall compare the estimated emissions from 
the initial work sheet and the actual emissions from the report and 
shall enter such information on the fee calculation work sheet that 
accompanies the annual report. The source shall recompute the initial 
fee accordingly and shall remit

[[Page 289]]

any underpayment with the report and work sheet. The EPA shall credit 
any overpayment to the source's account.
    (i) Recordkeeping requirements. Part 71 sources shall retain, in 
accordance with the provisions of Sec. 71.6(a)(3)(ii), all work sheets 
and other materials used to determine fee payments. Records shall be 
retained for 5 years following the year in which the emissions data is 
submitted.
    (j) Fee assessment errors. (1) If EPA determines than a source has 
completed the fee calculation work sheet incorrectly, the permitting 
authority shall bill the applicant for the corrected fee or credit 
overpayments to the source's account.
    (2) Each source notified by the permitting authority of additional 
amounts due shall remit full payment within 30 days of receipt of an 
invoice from the permitting authority.
    (3) An owner or operator of a part 71 source who thinks that the 
assessed fee is in error shall provide a written explanation of the 
alleged error to the permitting authority along with the assessed fee. 
The permitting authority shall, within 90 days of receipt of the 
correspondence, review the data to determine whether the assessed fee 
was in error. If an error was made, the overpayment shall be credited to 
the account of the part 71 source.
    (k) Remittance procedure. (1) Each remittance under this section 
shall be in United States currency and shall be paid by money order, 
bank draft, certified check, corporate check, or electronic funds 
transfer payable to the order of the U.S. Environmental Protection 
Agency.
    (2) Each remittance shall be sent to the Environmental Protection 
Agency to the address designated on the fee calculation work sheet or 
the invoice.
    (l) Penalty and interest assessment. (1) The permitting authority 
shall assess interest on payments which are received later than the date 
due. The interest rate shall be the sum of the Federal short-term rate 
determined by the Secretary of the Treasury in accordance with section 
6621(a)(2) of the Internal Revenue Code of 1986, plus 3 percentage 
points.
    (2) The permitting authority shall assess a penalty charge of 50 
percent of the fee amount if the fee is not paid within 30 days of the 
payment due date.
    (3) If a source underpays the fee owed, except as provided in 
paragraph (l)(4) of this section, the permitting authority shall assess 
a penalty charge of 50 percent on the amount by which the fee was 
underpaid. Interest shall also be assessed, computed under paragraph 
(l)(1) of this section, on the amount by which the fee was underpaid.
    (4) If a source bases its initial fee calculation on estimated 
emissions from the source's current or preceding calendar year, as 
provided under paragraph (h)(4) of this section, and underpays its fee 
based on an underestimation of these emissions, the permitting authority 
shall assess a penalty charge of 50 percent on certain of these 
underpayments, according to the following provisions:
    (i) The penalty charge shall be assessed whenever a source's 
underpayment exceeds the underpayment penalty cutoff established in 
paragraph (l)(4)(iii) of this section. The penalty amount shall be 50 
percent of the portion of the underpayment which is in excess of the 
underpayment penalty cutoff.
    (ii) Where a source is subject to a penalty for underpayment 
pursuant to paragraph (l)(4)(i) of this section, interest as computed 
under paragraph (l)(1) of this section shall be assessed on that portion 
of the underpayment which is in excess of the underpayment penalty 
cutoff established in paragraph (l)(4)(iii) of this section.
    (iii) The underpayment penalty cutoff for a source shall be the sum 
of the following:
    (A) 50 percent of the portion of the initial fee amount which was 
calculated from estimated emissions of HAP listed pursuant to 112(b) of 
the Act, and
    (B) 20 percent of the portion of initial fee amount which was 
calculated from estimated emissions of the remainder of the regulated 
air pollutants (for fee calculation).
    (m) Failure to remit fees. The permitting authority shall not issue 
a final permit or permit revision until all fees, interest and penalties 
assessed against a source under this section are paid.

[[Page 290]]

The initial application of a source shall not be found complete unless 
the source has paid all fees owed.
    (n) Adjustments of fee schedules. (1) The fee schedules provided in 
paragraphs (c) (1) through (4) of this section shall remain in effect 
until December 31, 1996. Thereafter, the fee schedules shall be changed 
annually by the percentage, if any, of any annual increase in the 
Consumer Price Index.
    (2) Part 71 permit program costs and fees will be reviewed by the 
Administrator at least every 2 years, and changes will be made to the 
fee schedule as necessary to reflect permit program costs.
    (3) When changes to a fee schedule are made based on periodic 
reviews by the Administrator, the changes will be published in the 
Federal Register.
    (o) Use of revenue. All fees, penalties, and interest collected 
under this part shall be deposited in a special fund in the U.S. 
Treasury, which thereafter shall be available for appropriation, to 
remain available until expended, subject to appropriation, to carry out 
the activities required by this part.

[61 FR 34228, July 1, 1996, as amended at 64 FR 8263, Feb. 19, 1999; 67 
FR 38330, June 3, 2002]



Sec. 71.10  Delegation of part 71 program.

    (a) Delegation of part 71 program. The Administrator may delegate, 
in whole or in part, with or without signature authority, the authority 
to administer a part 71 operating permits program to a State, eligible 
Tribe, local, or other non-State agency in accordance with the 
provisions of this section. In order to be delegated authority to 
administer a part 71 program, the delegate agency must submit a legal 
opinion from the Attorney General from the State, or the attorney for 
the State, local, interstate, or eligible Tribal agency that has 
independent legal counsel, stating that the laws of the State, locality, 
interstate compact or Indian Tribe provide adequate authority to carry 
out all aspects of the delegated program. A Delegation of Authority 
Agreement (Agreement) shall set forth the terms and conditions of the 
delegation, shall specify the provisions that the delegate agency shall 
be authorized to implement, and shall be entered into by the 
Administrator and the delegate agency. The Agreement shall become 
effective upon the date that both the Administrator and the delegate 
agency have signed the Agreement. Once delegation becomes effective, the 
delegate agency will be responsible, to the extent specified in the 
Agreement, for administering the part 71 program for the area subject to 
the Agreement. Delegate agencies that choose to receive electronic 
documents as part of their delegated program must satisfy the 
requirements of 40 CFR part 3--(Electronic reporting).
    (b) Publication of Notice of Delegation of Authority Agreement. The 
Administrator shall publish a notice in the Federal Register informing 
the public of any delegation of a portion of the part 71 program to a 
State, eligible Tribe, or local agency.
    (c) Revision or revocation of Delegation of Authority Agreement. An 
Agreement may be modified, amended, or revoked, in part or in whole, by 
the Administrator after consultation with the delegate agency.
    (d) Transmission of information to the Administrator. (1) When a 
part 71 program has been delegated in accordance with the provisions of 
this section, the delegate agency shall provide to the Administrator a 
copy of each permit application (including any application for permit 
modification), each proposed permit, and each final part 71 permit. The 
applicant may be required by the delegate agency to provide a copy of 
the permit application (including the compliance plan) directly to the 
Administrator. Upon agreement with the Administrator, the delegate 
agency may submit to the Administrator a permit application summary form 
and any relevant portion of the permit application and compliance plan, 
in place of the complete permit application and compliance plan. To the 
extent practicable, the preceding information shall be provided in 
computer-readable format compatible with EPA's national database 
management system.
    (2) The Administrator may waive the requirements of paragraph (d)(1) 
of this section for any category of sources (including any class, type, 
or size within such category) other than major

[[Page 291]]

sources by regulation for a category of sources nationwide.
    (e) Retention of records. The records for each draft, proposed, and 
final permit, and application for permit renewal or modification shall 
be kept for a period of 5 years by the delegate agency. The delegate 
agency shall also submit to the Administrator such information as the 
Administrator may reasonably require to ascertain whether the delegate 
agency is implementing, administering, and enforcing the delegated part 
71 program in compliance with the requirements of the Act and of this 
part.
    (f) Prohibition of default issuance. (1) For the purposes of Federal 
law and title V of the Act, when a part 71 program has been delegated in 
accordance with the provisions of this section, no part 71 permit 
(including a permit renewal or modification) will be issued until 
affected States have had an opportunity to review the draft permit as 
required pursuant to Sec. 71.8(a) and EPA has had an opportunity to 
review the proposed permit.
    (2) To receive delegation of signature authority, the legal opinion 
submitted by the delegate agency pursuant to paragraph (a) of this 
section shall certify that no applicable provision of State, local or 
Tribal law requires that a part 71 permit or renewal be issued after a 
certain time if the delegate agency has failed to take action on the 
application (or includes any other similar provision providing for 
default issuance of a permit), unless EPA has waived such review for EPA 
and affected States.
    (g) EPA objection. (1) The Administrator will object to the issuance 
of any proposed permit determined by the Administrator not to be in 
compliance with applicable requirements or requirements under this part. 
No permit for which an application must be transmitted to the 
Administrator under paragraph (d)(1) of this section shall be issued if 
the Administrator objects to its issuance in writing within 45 days of 
receipt of the proposed permit and all necessary supporting information. 
When a part 71 program has been delegated in accordance with the 
provisions of this section, failure of the delegate agency to do any of 
the following shall constitute grounds for an objection by the 
Administrator:
    (i) Comply with paragraph (d) of this section;
    (ii) Submit any information necessary to review adequately the 
proposed permit;
    (iii) Process the permit under the procedures required by Sec. Sec. 
71.7 and 71.11; or
    (iv) Comply with the requirements of Sec. 71.8(a).
    (2) Any EPA objection under paragraph (g)(1) of this section shall 
include a statement of the Administrator's reason(s) for objection and a 
description of the terms and conditions that the permit must include to 
respond to the objection. The Administrator will provide the permit 
applicant a copy of the objection.
    (3) If the delegate agency fails, within 90 days after the date of 
an objection under paragraph (g)(1) of this section, to revise and 
submit to the Administrator the proposed permit in response to the 
objection, the Administrator shall issue or deny the permit in 
accordance with the requirements of this part.
    (h) Public petitions. In the case of a delegated program, any 
interested person may petition the Administrator to reopen a permit for 
cause as provided in Sec. 71.11(n).
    (i) Appeal of permits. When a part 71 program has been delegated 
with signature authority in accordance with the provisions of this 
section, any person or affected State that submitted recommendations or 
comments on the draft permit, or that participated in the public hearing 
process may petition the Environmental Appeals Board in accordance with 
Sec. 71.11(l)(1).
    (j) Nondelegable conditions. (1) The Administrator's authority to 
object to the issuance of a part 71 permit cannot be delegated to an 
agency not within EPA.
    (2) The Administrator's authority to act upon petitions submitted 
pursuant to paragraph (h) of this section cannot be delegated to an 
agency not within EPA.

[61 FR 34228, July 1, 1996, as amended at 70 FR 59887, Oct. 13, 2005]

[[Page 292]]



Sec. 71.11  Administrative record, public participation, and administrative 

review.

    The provisions of this section shall apply to all permit 
proceedings. Notwithstanding the preceding sentence, paragraphs (a) 
through (h) and paragraph (j) of this section shall not apply to permit 
revisions qualifying as minor permit modifications or administrative 
amendments, except that public notice of the granting of appeals of such 
actions under paragraph (l)(3) of this section shall be provided 
pursuant to paragraph (d)(1)(i)(E) of this section, and except that 
affected States shall be provided notice of minor permit modifications 
under Sec. 71.8 as pursuant to paragraph (d)(3)(i)(B) of this section.
    (a) Draft permits. (1) The permitting authority shall promptly 
provide notice to the applicant of whether the application is complete 
pursuant to Sec. 71.7(a)(3).
    (2) Once an application for an initial permit, permit revision, or 
permit renewal is complete, the permitting authority shall decide 
whether to prepare a draft permit or to deny the application.
    (3) If the permitting authority initially decides to deny the permit 
application, it shall issue a notice of intent to deny. A notice of 
intent to deny the permit application is a type of draft permit and 
follows the same procedures as any draft permit prepared under this 
section. If the permitting authority's final decision is that the 
initial decision to deny the permit application was incorrect, it shall 
withdraw the notice of intent to deny and proceed to prepare a draft 
permit under paragraph (a)(4) of this section.
    (4) If the permitting authority decides to prepare a draft permit, 
it shall prepare a draft permit that contains the permit conditions 
required under Sec. 71.6.
    (5) All draft permits prepared under this section shall be publicly 
noticed and made available for public comment.
    (b) Statement of basis. The permitting authority shall prepare a 
statement of basis for every draft permit subject to this section. The 
statement of basis shall briefly describe the derivation of the 
conditions of the draft permit and the reasons for them or, in the case 
of notices of intent to deny or terminate, reasons supporting the 
initial decision. The statement of basis shall be sent to the applicant 
and, on request, to any other person.
    (c) Administrative record for draft permits. (1) The provisions of a 
draft permit shall be based on the administrative record defined in this 
section.
    (2) For preparing a draft permit, the administrative record shall 
consist of:
    (i) The application and any supporting data furnished by the 
applicant;
    (ii) The draft permit or notice of intent to deny the application or 
to terminate the permit;
    (iii) The statement of basis;
    (iv) All documents cited in the statement of basis; and
    (v) Other documents contained in the supporting file for the draft 
permit.
    (3) Material readily available at the permitting authority or 
published material that is generally available, and that is included in 
the administrative record under paragraphs (b) and (c) of this section 
need not be physically included with the rest of the record as long as 
it is specifically referred to in the statement of basis.
    (d) Public notice of permit actions and public comment period--(1) 
Scope. (i) The permitting authority shall give public notice that the 
following actions have occurred:
    (A) A permit application has been initially denied under paragraph 
(a) of this section;
    (B) A draft permit has been prepared under paragraph (a) of this 
section;
    (C) A hearing has been scheduled under paragraph (f) of this 
section; and
    (D) A public comment period has been reopened under paragraph (h) of 
this section;
    (E) An appeal has been granted under paragraph (l)(3) of this 
section.
    (ii) No public notice is required when a request for permit 
revision, revocation and reissuance, or termination has been denied 
under paragraph (a)(2) of this section. Written notice of that denial 
shall be given to the requester and to the permittee.
    (iii) Public notices may describe more than one permit or permit 
action.

[[Page 293]]

    (2) Timing. (i) Public notice of the preparation of a draft permit, 
(including a notice of intent to deny a permit application), shall allow 
at least 30 days for public comment.
    (ii) Public notice of a public hearing shall be given at least 30 
days before the hearing. Public notice of the hearing may be given at 
the same time as public notice of the draft permit and the two notices 
may be combined.
    (iii) The permitting authority shall provide such notice and 
opportunity for participation to affected States on or before the time 
that the permitting authority provides this notice to the public.
    (3) Methods. Public notice of activities described in paragraph 
(d)(1)(i) of this section shall be given by the following methods:
    (i) By mailing a copy of a notice to the following persons (any 
person otherwise entitled to receive notice under paragraph (d) of this 
section may waive his or her rights to receive notice for any permit):
    (A) The applicant;
    (B) Affected States;
    (C) Air pollution control agencies of affected States, Tribal and 
local air pollution control agencies which have jurisdiction over the 
area in which the source is located, the chief executives of the city 
and county where the source is located, any comprehensive regional land 
use planning agency and any State or Federal Land Manager whose lands 
may be affected by emissions from the source;
    (D) The local emergency planning committee having jurisdiction over 
the area where the source is located, and State agencies having 
authority under State law with respect to the operation of such source;
    (E) Persons on a mailing list developed by:
    (1) Including those who request in writing to be on the list;
    (2) Soliciting persons for ``area lists'' from participants in past 
permit proceedings in that area; and
    (3) Notifying the public of the opportunity to be put on the mailing 
list through periodic publication in the public press and, where deemed 
appropriate by the permitting authority, in such publications as 
regional and State funded newsletters, environmental bulletins, or State 
law journals. The permitting authority may update the mailing list from 
time to time by requesting written indication of continued interest from 
those listed. The permitting authority may delete from the list the name 
of any person who fails to respond to such a request.
    (ii) By publication of a notice in a daily or weekly newspaper of 
general circulation within the area affected by the source.
    (iii) By any other method reasonably calculated to give actual 
notice of the action in question to the persons potentially affected by 
it, including press releases or any other forum or medium to elicit 
public participation.
    (4) Contents--(i) All public notices. All public notices issued 
under this subpart shall contain the following minimum information:
    (A) The name and address of the permitting authority processing the 
permit;
    (B) The name and address of the permittee or permit applicant and, 
if different, of the facility regulated by the permit, except in the 
case of draft general permits;
    (C) The activity or activities involved in the permit action;
    (D) The emissions change involved in any permit revision;
    (E) The name, address, and telephone number of a person whom 
interested persons may contact for instructions on how to obtain 
additional information, such as a copy of the draft permit, the 
statement of basis, the application, relevant supporting materials, and 
other materials available to the permitting authority that are relevant 
to the permitting decision.
    (F) A brief description of the comment procedures required by 
paragraph (e) of this section, a statement of procedures to request a 
hearing (unless a hearing has already been scheduled) and other 
procedures by which the public may participate in the final permit 
decision;
    (G) The location of the administrative record, the times at which 
the record will be open for public inspection, and a statement that all 
data submitted by the applicant are available

[[Page 294]]

as part of the administrative record; and
    (H) Any additional information considered necessary or proper.
    (ii) Public notices for hearings. Public notice of a hearing may be 
combined with other notices required under paragraph (d)(1) of this 
section. Any public notice of a hearing under paragraph (f) of this 
section shall contain the following information:
    (A) The information described in paragraph (d)(4)(i) of this 
section;
    (B) Reference to the date of previous public notices relating to the 
permit;
    (C) The date, time, and place of the hearing; and
    (D) A brief description of the nature and purpose of the hearing, 
including the applicable rules and the comment procedures.
    (5) All persons identified in paragraphs (d)(3)(i) (A), (B), (C), 
(D), and (E) of this section shall be mailed a copy of the public 
hearing notice described in paragraph (d)(4)(ii) of this section.
    (e) Public comments and requests for public hearings. During the 
public comment period provided under paragraph (a) of this section, any 
interested person may submit written comments on the draft permit and 
may request a public hearing, if no hearing has already been scheduled. 
A request for a public hearing shall be in writing and shall state the 
nature of the issues proposed to be raised at the hearing. All comments 
shall be considered in making the final decision and shall be answered 
as provided in paragraph (j) of this section. The permitting authority 
will keep a record of the commenters and of the issues raised during the 
public participation process, and such records shall be available to the 
public.
    (f) Public hearings. (1) The permitting authority shall hold a 
hearing whenever it finds, on the basis of requests, a significant 
degree of public interest in a draft permit.
    (2) The permitting authority may also hold a public hearing at its 
discretion, whenever, for instance, such a hearing might clarify one or 
more issues involved in the permit decision.
    (3) Public notice of the hearing shall be given as specified in 
paragraph (d) of this section.
    (4) Whenever a public hearing is held, the permitting authority 
shall designate a Presiding Officer for the hearing who shall be 
responsible for its scheduling and orderly conduct.
    (5) Any person may submit oral or written statements and data 
concerning the draft permit. Reasonable limits may be set upon the time 
allowed for oral statements, and the submission of statements in writing 
may be required. The public comment period under paragraph (d) of this 
section shall be automatically extended to the close of any public 
hearing under this section. The hearing officer may also extend the 
comment period by so stating at the hearing.
    (6) A tape recording or written transcript of the hearing shall be 
made available to the public.
    (g) Obligation to raise issues and provide information during the 
public comment period. All persons, including applicants, who believe 
any condition of a draft permit is inappropriate or that the permitting 
authority's initial decision to deny an application, terminate a permit, 
or prepare a draft permit is inappropriate, must raise all reasonably 
ascertainable issues and submit all reasonably ascertainable arguments 
supporting their position by the close of the public comment period 
(including any public hearing). Any supporting materials that are 
submitted shall be included in full and may not be incorporated by 
reference, unless they are already part of the administrative record in 
the same proceeding, or consist of State or Federal statutes and 
regulations, EPA documents of general applicability, or other generally 
available reference materials. In the case of a program delegated 
pursuant to Sec. 71.10, if requested by the Administrator, the 
permitting authority shall make supporting materials not already 
included in the administrative record available to EPA. The permitting 
authority may direct commenters to provide such materials directly to 
EPA. A comment period longer than 30 days may be necessary to give 
commenters a reasonable opportunity to comply with the requirements of 
this section. Additional time shall be granted to the extent that a 
commenter who requests

[[Page 295]]

additional time demonstrates the need for such time.
    (h) Reopening of the public comment period. (1) The permitting 
authority may order the public comment period reopened if the procedures 
of paragraph (h) of this section could expedite the decision making 
process. When the public comment period is reopened under paragraph (h) 
of this section, all persons, including applicants, who believe any 
condition of a draft permit is inappropriate or that the permitting 
authority's initial decision to deny an application, terminate a permit, 
or prepare a draft permit is inappropriate, must submit all reasonably 
available factual grounds supporting their position, including all 
supporting material, by a date not less than 30 days after public notice 
under paragraph (h)(2) of this section, set by the permitting authority. 
Thereafter, any person may file a written response to the material filed 
by any other person, by a date, not less than 20 days after the date set 
for filing of the material, set by the permitting authority.
    (2) Public notice of any comment period under this paragraph (h) 
shall identify the issues to which the requirements of paragraphs (h)(1) 
through (4) of this section shall apply.
    (3) On its own motion or on the request of any person, the 
permitting authority may direct that the requirements of paragraph 
(h)(1) of this section shall apply during the initial comment period 
where it reasonably appears that issuance of the permit will be 
contested and that applying the requirements of paragraph (h)(1) of this 
section will substantially expedite the decision making process. The 
notice of the draft permit shall state whenever this has been done.
    (4) A comment period of longer than 30 days may be necessary in 
complicated proceedings to give commenters a reasonable opportunity to 
comply with the requirements of this section. Commenters may request 
longer comment periods and they may be granted to the extent the 
permitting authority finds it necessary.
    (5) If any data, information, or arguments submitted during the 
public comment period appear to raise substantial new questions 
concerning a permit, the permitting authority may take one or more of 
the following actions:
    (i) Prepare a new draft permit, appropriately modified;
    (ii) Prepare a revised statement of basis, and reopen the comment 
period; or
    (iii) Reopen or extend the comment period to give interested persons 
an opportunity to comment on the information or arguments submitted.
    (6) Comments filed during the reopened comment period shall be 
limited to the substantial new questions that caused the reopening. The 
public notice shall define the scope of the reopening.
    (7) Public notice of any of the above actions shall be issued under 
paragraph (d) of this section.
    (i) Issuance and effective date of permit. (1) After the close of 
the public comment period on a draft permit, the permitting authority 
shall issue a final permit decision. The permitting authority shall 
notify the applicant and each person who has submitted written comments 
or requested notice of the final permit decision. This notice shall 
include reference to the procedures for appealing a decision on a 
permit. For the purposes of this section, a final permit decision means 
a final decision to issue, deny, revise, revoke and reissue, renew, or 
terminate a permit.
    (2) A final permit decision shall become effective 30 days after the 
service of notice of the decision, unless:
    (i) A later effective date is specified in the decision;
    (ii) Review is requested under paragraph (l) of this section (in 
which case the specific terms and conditions of the permit which are the 
subject of the request for review shall be stayed); or
    (iii) No comments requested a change in the draft permit, in which 
case the permit shall become effective immediately upon issuance.
    (j) Response to comments. (1) At the time that any final permit 
decision is issued, the permitting authority shall issue a response to 
comments. This response shall:
    (i) Specify which provisions, if any, of the draft permit have been 
changed in the final permit decision, and the reasons for the change; 
and

[[Page 296]]

    (ii) Briefly describe and respond to all significant comments on the 
draft permit raised during the public comment period, or during any 
hearing.
    (2) Any documents cited in the response to comments shall be 
included in the administrative record for the final permit decision as 
defined in paragraph (k) of this section. If new points are raised or 
new material supplied during the public comment period, the permitting 
authority may document its response to those matters by adding new 
materials to the administrative record.
    (3) The response to comments shall be available to the public.
    (4) The permitting authority will notify in writing any affected 
State of any refusal to accept recommendations for the permit that the 
State submitted during the public or affected State review period.
    (k) Administrative record for final permits. (1) The permitting 
authority shall base final permit decisions on the administrative record 
defined in paragraph (k)(2) of this section.
    (2) The administrative record for any final permit shall consist of:
    (i) All comments received during any public comment period, 
including any extension or reopening;
    (ii) The tape or transcript of any hearing(s) held;
    (iii) Any written material submitted at such a hearing;
    (iv) The response to comments and any new materials placed in the 
record;
    (v) Other documents contained in the supporting file for the permit;
    (vi) The final permit;
    (vii) The application and any supporting data furnished by the 
applicant;
    (viii) The draft permit or notice of intent to deny the application 
or to terminate the permit;
    (ix) The statement of basis for the draft permit;
    (x) All documents cited in the statement of basis;
    (xi) Other documents contained in the supporting file for the draft 
permit.
    (3) The additional documents required under paragraph (k)(2) of this 
section should be added to the record as soon as possible after their 
receipt or publication by the permitting authority. The record shall be 
complete on the date the final permit is issued.
    (4) Material readily available at the permitting authority, or 
published materials which are generally available and which are included 
in the administrative record under the standards of paragraph (j) of 
this section need not be physically included in the same file as the 
rest of the record as long as it is specifically referred to in the 
statement of basis or in the response to comments.
    (l) Appeal of permits. (1) Within 30 days after a final permit 
decision has been issued, any person who filed comments on the draft 
permit or participated in the public hearing may petition the 
Environmental Appeals Board to review any condition of the permit 
decision. Any person who failed to file comments or failed to 
participate in the public hearing on the draft permit may petition for 
administrative review only to the extent of the changes from the draft 
to the final permit decision or other new grounds that were not 
reasonably foreseeable during the public comment period on the draft 
permit. The 30-day period within which a person may request review under 
this section begins with the service of notice of the permitting 
authority's action unless a later date is specified in that notice, 
except that the 30-day period within which a person may request review 
of a minor permit modification or administrative amendment begins upon 
the effective date of such action to revise the permit. The petition 
shall include a statement of the reasons supporting that review, 
including a demonstration that any issues raised were raised during the 
public comment period (including any public hearing) to the extent 
required by these regulations unless the petitioner demonstrates that it 
was impracticable to raise such objections within such period or unless 
the grounds for such objection arose after such period, and, when 
appropriate, a showing that the condition in question is based on:
    (i) A finding of fact or conclusion of law which is clearly 
erroneous; or
    (ii) An exercise of discretion or an important policy consideration 
which the Environmental Appeals Board should, in its discretion, review.

[[Page 297]]

    (2) The Board may also decide on its initiative to review any 
condition of any permit issued under this part. The Board must act under 
paragraph (l) of this section within 30 days of the service date of 
notice of the permitting authority's action.
    (3) Within a reasonable time following the filing of the petition 
for review, the Board shall issue an order either granting or denying 
the petition for review. To the extent review is denied, the conditions 
of the final permit decision become final agency action. Public notice 
of any grant of review by the Board under paragraph (l)(1) or (2) of 
this section shall be given as provided in paragraph (d) of this 
section. Public notice shall set forth a briefing schedule for the 
appeal and shall state that any interested person may file an amicus 
brief. Notice of denial of review shall be sent only to the permit 
applicant and to the person(s) requesting review.
    (4) A petition to the Board under paragraph (l)(1) of this section 
is, under 42 U.S.C. 307(b), a prerequisite to seeking judicial review of 
the final agency action.
    (5) For purposes of judicial review, final agency action occurs when 
a final permit is issued or denied by the permitting authority and 
agency review procedures are exhausted. A final permit decision shall be 
issued by the permitting authority:
    (i) When the Board issues notice to the parties that review has been 
denied;
    (ii) When the Board issues a decision on the merits of the appeal 
and the decision does not include a remand of the proceedings; or
    (iii) Upon the completion of remand proceedings if the proceedings 
are remanded, unless the Board's remand order specifically provides that 
appeal of the remand decision will be required to exhaust administrative 
remedies.
    (6) Motions to reconsider a final order shall be filed within ten 
(10) days after service of the final order. Every such motion must set 
forth the matters claimed to have been erroneously decided and the 
nature of the alleged errors. Motions for reconsideration under this 
provision shall be directed to, and decided by, the Board. Motions for 
reconsideration directed to the Administrator, rather than to the Board, 
will not be considered, except in cases that the Board has referred to 
the Administrator and in which the Administrator has issued the final 
order. A motion for reconsideration shall not stay the effective date of 
the final order unless specifically so ordered by the Board.
    (7) Notice of any final agency action regarding a Federal operating 
permit shall promptly be published in the Federal Register.
    (m) Computation of time. (1) Any time period scheduled to begin on 
the occurrence of an act or event shall begin on the day after the act 
or event.
    (2) Any time period scheduled to begin before the occurrence of an 
act or event shall be computed so that the period ends on the day before 
the act or event, except as otherwise provided.
    (3) If the final day of any time period falls on a weekend or legal 
holiday, the time period shall be extended to the next working day.
    (4) Whenever a party or interested person has the right or is 
required to act within a prescribed period after the service of notice 
or other paper upon him or her by mail, 3 days shall be added to the 
prescribed time.
    (n) Public petitions to the Permitting Authority. (1) Any interested 
person (including the permittee) may petition the permitting authority 
to reopen a permit for cause, and the permitting authority may commence 
a permit reopening on its own initiative. However, the permitting 
authority shall not revise, revoke and reissue, or terminate a permit 
except for the reasons specified in Sec. 71.7(f)(1) or Sec. 
71.6(a)(6)(i). All requests shall be in writing and shall contain facts 
or reasons supporting the request.
    (2) If the permitting authority decides the request is not 
justified, it shall send the requester a brief written response giving a 
reason for the decision. Denials of requests for revision, revocation 
and reissuance, or termination are not subject to public notice, 
comment, or hearings. Denials by the permitting authority may be 
informally appealed to the Environmental Appeals Board by a letter 
briefly setting forth the relevant facts. The

[[Page 298]]

Board may direct the permitting authority to begin revision, revocation 
and reissuance, or termination proceedings under paragraph (n)(3) of 
this section. The appeal shall be considered denied if the Board takes 
no action within 60 days after receiving it. This informal appeal is, 
under 42 U.S.C. 307, a prerequisite to seeking judicial review of EPA 
action in denying a request for revision, revocation and reissuance, or 
termination.
    (3) If the permitting authority decides the request is justified and 
that cause exists to revise, revoke and reissue or terminate a permit, 
it shall initiate proceedings to reopen the permit pursuant to Sec. 
71.7(f) or Sec. 71.7(g).

[61 FR 34228, July 1, 1996, as amended at 64 FR 8263, Feb. 19, 1999]



Sec. 71.12  Prohibited acts.

    Violations of any applicable requirement; any permit term or 
condition; any fee or filing requirement; any duty to allow or carry out 
inspection, entry, or monitoring activities; or any regulation or order 
issued by the permitting authority pursuant to this part are violations 
of the Act and are subject to full Federal enforcement authorities 
available under the Act.



             Subpart B_Permits for Early Reductions Sources



Sec. 71.21  Program overview.

    (a) The regulations in this subpart provide for a limited, Federal, 
title V, permit program to establish alternative emission limitations 
for early reductions sources that have demonstrated qualifying 
reductions of hazardous air pollutants under section 112(i)(5) of the 
Act. A permit issued under this subpart which establishes such an 
enforceable alternative emission limitation shall grant all emissions 
units in the early reductions source a six-year extension from otherwise 
applicable dates of compliance for standards promulgated under section 
112(d) of the Act.
    (b) After approval of a State's comprehensive permit program 
pursuant to title V of the Act, the Administrator may continue to issue 
specialty permits under this subpart only under the following 
circumstances:
    (1) The early reductions source filed a permit application under 
this subpart before the State obtained approval of a comprehensive title 
V permit program but the permit had not been finally issued at the time 
of State program approval; or
    (2) The early reductions source will be required to file an early 
reductions permit application under Sec. 71.24(b) before a 
comprehensive permit application is required by the State under the 
approved program.
    (c) When a circumstance described in paragraph (b)(1) or (b)(2) of 
this section occurs, the primary consideration in the Administrator's 
decision to issue a specialty permit is the degree of delay anticipated 
by deferring to the State for permit issuance.
    (d) A Permit issued to an early reductions source under this subpart 
shall have a term not to exceed five years. Such a specialty permit 
shall be incorporated into a comprehensive title V permit subsequently 
issued to the facility containing the early reductions source, without 
reopening or revision of the specialty permit except as provided in 
Sec. 71.26(e).
    (e) Issuance of a specialty permit under this subpart does not 
relieve a source from an obligation to file a timely and complete 
comprehensive permit application as required under an approved 
comprehensive title V permit program.
    (f) Delegation to other permitting authorities. (1) The 
Administrator may delegate to another permitting authority the 
responsibility to implement this permit program. Under such a 
delegation, the Administrator reserves the right to issue a final permit 
to early reductions sources that filed permit applications with the 
Administrator prior to the permitting authority obtaining delegation.
    (2) Under any delegation, the Administrator will require that the 
permitting authority have enforcement authority substantially equivalent 
to that specified in Sec. 70.11 of this chapter.
    (3) Upon any delegation, administrative appeals of permit decisions 
issuing pursuant to the delegated program

[[Page 299]]

shall continue to be subject to the requirements of Sec. 71.27(l).



Sec. 71.22  Definitions.

    All terms used in this subpart not defined in this section are given 
the same meaning as in the Act or in subpart D of part 63 of this 
chapter.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
    Actual emissions means the actual rate of emissions of a pollutant, 
but does not include excess emissions from a malfunction, or startups 
and shutdowns associated with a malfunction. Actual emissions shall be 
calculated using the early reductions source's actual operating rates, 
and types of materials processed, stored, or combusted during the 
selected time period.
    Affected States are all States:
    (1) Whose air quality may be affected and that are contiguous to the 
State in which a permit, permit modification or permit renewal is being 
proposed; or
    (2) That are within 50 miles of the permitted source.
    Comprehensive title V permit program means a program approved by the 
Administrator under part 70 of this chapter or a program promulgated for 
EPA permit issuance under title V that encompasses all applicable 
requirements of the Clean Air Act.
    Draft permit means the version of a permit for which the 
Administrator offers public participation under Sec. 71.27.
    Early reductions source means a source of hazardous air pollutants 
as defined pursuant to Sec. 63.73 of this chapter.
    Emissions unit means any part or activity of a stationary source 
that emits or has the potential to emit any hazardous air pollutant.
    Enforceable commitment means a document drafted pursuant to section 
112(i)(5)(B) of the Act and signed by a responsible company official 
which commits a company to achieving before January 1, 1994 sufficient 
reductions in hazardous air pollutants from a designated early 
reductions source to qualify such source for a compliance extension 
under section 112(i)(5)(A) of the Act.
    EPA or Administrator means the Administrator of the EPA or his or 
her designee.
    Final permit means the version of a permit issued by the 
Administrator under this subpart that has completed all review 
procedures required by Sec. 71.27.
    Hazardous air pollutant means any air pollutant listed pursuant to 
section 112(b) of the Act.
    Permit means any permit covering an existing early reductions source 
that is issued, amended, or revised pursuant to this subpart.
    Permit revision means any permit modification or administrative 
permit amendment.
    Permitting authority means either of the following:
    (1) The Administrator, in the case of EPA-implemented programs; or
    (2) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under this subpart.
    Post-reduction year means the one year period beginning with the 
date early reductions have to be achieved to qualify for a compliance 
extension under subpart D of part 63 of this chapter, unless a source 
has established with the Administrator an earlier one year period as the 
post-reduction year. For most sources, the post-reduction year would 
begin with the date of proposal of the first section 112(d) standard 
applicable to the early reductions source; however, for sources that 
have made enforceable commitments, it would be the year from January 1, 
1994 through December 31, 1994.
    Responsible official means one of the following:
    (1) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or

[[Page 300]]

    (ii) The delegation of authority to such representative is approved 
in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively; or
    (3) For a municipality, State, Federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA).
    Section 112(d) standard means an emission standard issued by the 
Administrator under section 112(d) of the Clean Air Act, as amended.
    State means any non-Federal permitting authority, including any 
local agency, interstate association, or statewide program. The term 
``State'' also includes the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. Where such meaning is 
clear from the context, ``State'' shall have its conventional meaning.



Sec. 71.23  Applicability.

    (a) Sources covered. The provisions of this subpart apply to an 
owner or operator of an existing source who is seeking a compliance 
extension under section 112(i)(5) of the Act and who, pursuant to part 
63, subpart D, of this chapter, is required to file a permit application 
for the extension prior to the date a comprehensive title V permit 
program is approved for the State in which the existing source is 
located.
    (b) Covered emissions. All hazardous air pollutant emissions from 
the early reductions source shall be included in permit applications and 
part 71 permits issued under this subpart.



Sec. 71.24  Permit applications.

    (a) Where to file. To apply for a compliance extension and an 
alternative emission limitation under this subpart, the owner or 
operator of an early reductions source shall file a complete permit 
application with the appropriate EPA Regional Office. The owner or 
operator shall also send a copy of the application to the appropriate 
State agency; to the EPA Emission Standards Division, Mail Drop 13, 
Research Triangle Park, North Carolina, 27711 (attention: Early 
Reductions Officer); and to the EPA Office of Enforcement, EN-341W, 1200 
Pennsylvania Ave., NW., Washington, DC 20460 (attention: Early 
Reductions Officer).
    (b) Deadlines. (1) Permit applications under this subpart for early 
reductions sources not subject to enforceable commitments shall be 
submitted by the later of the following dates:
    (i) 120 days after proposal of an otherwise applicable standard 
issued under section 112(d) of the Act; or
    (ii) March 21, 1995.
    (2) Permit applications for early reductions sources subject to 
enforceable commitments established pursuant to Sec. 63.75 of this 
chapter shall be filed no later than April 30, 1994.
    (3) If the post-reduction year does not end at least one month 
before the permit application deadline under paragraphs (b)(1) or (b)(2) 
of this section, the source may file the post-reduction emissions 
information required under paragraph (e)(2) of this section later as a 
supplement to the original permit application. In such cases, this 
supplemental information shall be submitted to the Administrator no 
later than one month after the end of the post-reduction year.
    (4) If a source test will be the supporting basis for establishing 
post-reduction emissions for one or more emissions units in the early 
reductions source, the test results shall be submitted by the deadline 
for submittal of a permit application under this section.
    (c) Complete application. To be found complete, an application must 
provide all information required pursuant to paragraph (e) of this 
section, except for the information on post-reduction emissions required 
under paragraph (e)(2) of this section. Applications for permit revision 
need supply the information required under paragraph (e) of this section 
only if it is related to the proposed change. Information submitted 
under paragraph (e) of this section must be sufficient to allow the 
Administrator to determine if the early

[[Page 301]]

reductions source meets the applicable requirements of subpart D of part 
63 of this chapter. Unless the Administrator determines that an 
application is not complete within 45 days of receipt of the 
application, such application shall be deemed to be complete, except as 
otherwise provided in Sec. 71.26(a)(3). If, while processing an 
application that has been determined or deemed to be complete, the 
Administrator determines that additional information is necessary to 
evaluate or take final action on that application, the Administrator may 
request such information in writing and set a reasonable deadline for a 
response.
    (d) Duty to supplement or correct application. Any applicant who 
fails to submit any relevant facts or who has submitted incorrect 
information in a permit application shall, upon becoming aware of such 
failure or incorrect submittal, promptly submit such supplementary facts 
or corrected information. In addition, an applicant shall provide 
additional or revised information as necessary to address any 
requirements of subpart D of part 63 of this chapter (Compliance 
Extensions for Early Reductions) or of this subpart that become 
applicable to the early reductions source after the date it filed a 
complete application but prior to release of a draft permit.
    (e) Required information. The following elements are required 
information for permit applications under this subpart:
    (1) Identifying information, including company name, telephone 
number, and address (or plant name, telephone number, and address if 
different from the company name); owner's name, telephone number, and 
agent; and telephone number(s) and name(s) of plant site manager/
contact;
    (2) All information required in Sec. 63.74 of this chapter, 
including that needed to describe the early reductions source, its base 
year and post-reduction emissions, and supporting basis for the 
emissions;
    (3) A statement of the proposed alternative emission limitation for 
hazardous air pollutants from the early reductions source on an annual 
basis, reflecting the emission reductions required to qualify the early 
reductions source for a compliance extension under subpart D of part 63 
of this chapter;
    (4) Additional emission limiting requirements, such as work practice 
standards or limitations on operation, which are necessary to assure 
proper operation of installed control equipment and compliance with the 
annual alternative emission limitation for the early reductions source;
    (5) Information necessary to define alternative operating scenarios 
for the early reductions source or permit terms and conditions for 
trading hazardous air pollutant increases and decreases under Sec. 
71.25(a)(10), including any associated permit terms and conditions 
needed to assure compliance with the alternative emission limitation 
under the alternative operating scenarios or pollutant trading; and
    (6) Statements related to compliance meeting the following criteria:
    (i) A statement of methods proposed to determine compliance by the 
early reductions source with the proposed alternative emission 
limitation, including a description of monitoring devices and 
activities, emission calculation procedures, recordkeeping, and 
reporting requirements and test methods; and
    (ii) A schedule for submission of compliance certifications during 
the permit term, to be submitted no less frequently than annually.
    (f) Any application form, report, or compliance certification 
submitted pursuant to these regulations shall contain certification by a 
responsible official of truth, accuracy, and completeness. This 
certification and any other certification required under this part shall 
state that, based on information and belief formed after reasonable 
inquiry, the statements and information in the document are true, 
accurate, and complete.



Sec. 71.25  Permit content.

    (a) Standard permit requirements. Each permit issued under this 
subpart shall include the following elements:
    (1) Alternative emission limitation. An annual alternative emission 
limitation for hazardous air pollutants from the early reductions source 
reflecting the 90 percent reduction (95 percent for

[[Page 302]]

hazardous air pollutants which are particulate matter) which qualified 
the early reductions source for a compliance extension under subpart D 
of part 63 of this chapter.
    (2) Additional limitations. Additional emission limiting 
requirements, such as limitations on operation, work practice standards, 
and any other emission limiting requirements for the early reductions 
source necessary to assure compliance with the alternative emission 
limitation.
    (3) Monitoring requirements. Each permit shall contain the following 
monitoring requirements:
    (i) All emissions monitoring and analysis procedures or test methods 
necessary to assure compliance with the emission limitations established 
under paragraphs (a)(1) and (a)(2) of this section. Such monitoring or 
testing shall be consistent with the demonstration made pursuant to 
Sec. 63.74 of this chapter and any procedures and methods promulgated 
pursuant to sections 114(a)(3) or 504(b) of the Act;
    (ii) Periodic monitoring or testing sufficient to yield reliable 
data from the relevant time period that are representative of the early 
reductions source's compliance with the permit. Such monitoring 
requirements shall assure use of terms, test methods, units, averaging 
periods, and other statistical conventions consistent with the 
demonstration made pursuant to Sec. 63.74 of this chapter. 
Recordkeeping provisions may be sufficient to meet the requirements of 
this paragraph (a)(3)(ii); and
    (iii) As necessary, requirements concerning the use, maintenance, 
and, where appropriate, installation of monitoring equipment or methods.
    (4) Recordkeeping requirements. The permit shall contain 
recordkeeping requirements including the following, as applicable:
    (i) Records of required monitoring information that include the 
following:
    (A) The date, place as defined in the permit, and time of sampling 
or measurements;
    (B) The date(s) analyses were performed;
    (C) The company or entity that performed the analyses;
    (D) The analytical techniques or methods used;
    (E) The results of such analyses; and
    (F) The operating conditions as existing at the time of sampling or 
measurement;
    (ii) Retention of records of all required monitoring data and 
support information for a period of at least 5 years from the date of 
the monitoring sample, measurement, report, or application. Support 
information includes all calibration and maintenance records and all 
original strip-chart recordings for continuous monitoring 
instrumentation, and copies of all reports required by the permit.
    (5) Reporting requirements. The permit shall require the following:
    (i) Submittal of reports of all required monitoring at least every 6 
months. All instances of deviations from permit requirements must be 
clearly identified in such reports; and
    (ii) Prompt reporting of any deviations from permit requirements, 
including those attributable to upset conditions as defined in the 
permit. Such reports shall include the probable cause of such deviations 
and any corrective actions or preventive measures taken. The 
Administrator will define ``prompt'' in the permit for each situation 
and will do so in relation to the degree and type of deviation likely to 
occur.
    (6) A severability clause to ensure the continued validity of the 
various permit requirements in the event of a challenge to any portions 
of the permit.
    (7) Provisions stating the following:
    (i) The permittee must comply with all conditions of part 71 permit 
issued under this subpart. A violation of an alternative emission 
limitation, as well as any other requirement established in a permit 
issued under this subpart, is enforceable pursuant to the authority of 
section 113 of the Act, notwithstanding any demonstration of continuing 
90 percent (95 percent in the case of hazardous air pollutants which are 
particulates) emission reduction over the entire early reductions 
source. Any permit noncompliance constitutes a violation of the Act and 
is grounds for enforcement action or for permit

[[Page 303]]

termination, revocation and reissuance, or modification;
    (ii) Need to halt or reduce activity not a defense. It shall not be 
a defense for a permittee in an enforcement action that it would have 
been necessary to halt or reduce the permitted activity in order to 
maintain compliance with the conditions of this permit;
    (iii) The permit may be revised, revoked, reopened, and reissued, or 
terminated for cause. The filing of a request by the permittee for a 
permit revision, revocation and reissuance, or termination, or of a 
notification of planned changes or anticipated noncompliance does not 
stay any permit condition;
    (iv) The permit does not convey any property rights of any sort, or 
any exclusive privilege; and
    (v) The permittee shall furnish to the Administrator, within a 
reasonable time, any information that the Administrator may request in 
writing to determine whether cause exists for revising the permit, 
revoking and reissuing, or terminating the permit or to determine 
compliance with the permit. Upon request, the permittee shall also 
furnish to the Administrator copies of records required to be kept by 
the permitee.
    (8) Terms and conditions for reasonably anticipated operating 
scenarios identified by the early reductions source in its application 
as approved by the Administrator. Such terms and conditions:
    (i) Shall require the early reductions source, contemporaneously 
with making a change from one operating scenario to another, to record 
in a log at the permitted facility a record of the scenario under which 
it is operating. Provided that an emitting unit is monitored in a way 
that provides contemporaneous identification that a change to a 
particular alternate scenario has occurred, no notice to the 
Administrator is required. Otherwise, when such a change is made, the 
permittee at the beginning of the following week shall place in regular 
mail to the Administrator notice that a change to a particular alternate 
operating scenario has occurred; and
    (ii) Must ensure that the terms and conditions of each such 
alternative scenario meet the alternative emission limitation and the 
requirements of this subpart.
    (9) Terms and conditions, if the permit applicant requests them, for 
the trading of hazardous air pollutant emissions increases and decreases 
among emissions units within the early reductions source without permit 
revision or case-by-case approval of each emissions trade, provided 
that:
    (i) Such terms and conditions include all terms required under 
paragraphs (a) and (c) of this section to determine compliance;
    (ii) The changes in hazardous air pollutant emissions do not exceed 
the emissions allowable under the permit;
    (iii) The changes in hazardous air pollutant emissions are not 
modifications under any provision of title I of the Act;
    (iv) The Administrator determines that the emissions are 
quantifiable and that replicable procedures or other practical means 
exist to enforce the emission trades; and
    (v) The early reductions source owner or operator provides the 
Administrator written notification at least 7 days in advance of the 
proposed changes and includes in the notification a description of the 
change in emissions that will occur, when the change will occur, and how 
the increases and decreases in emissions will comply with the 
alternative emission limitation and other terms and conditions of the 
permit.
    (b) Federally enforceable requirements. All terms and conditions in 
a permit issued under this subpart are enforceable by the Administrator 
and citizens under the Act.
    (c) Compliance requirements. All permits issued under this subpart 
shall contain the following elements with respect to compliance:
    (1) Consistent with paragraphs (a)(3), (a)(4), and (a)(5) of this 
section, testing, monitoring, recordkeeping, and reporting requirements 
sufficient to assure compliance with the terms and conditions of the 
permit. Any document (including reports) required to be submitted by a 
permit shall contain a certification by a responsible official that 
meets the requirements of Sec. 71.24(f).
    (2) Inspection and entry provisions that require that, upon 
presentation of

[[Page 304]]

credentials and other documents as may be required by law, the permittee 
shall allow the Administrator or an authorized representative to perform 
the following:
    (i) Enter upon the permittee's premises where the early reductions 
source is located or emissions-related activity is conducted, or where 
required records are kept;
    (ii) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of the permit;
    (iii) Inspect at reasonable times any facilities, equipment 
(including monitoring and air pollution control equipment), practices, 
or operations regulated or required under the permit; and
    (iv) Sample or monitor at reasonable times substances or parameters 
for the purpose of determining compliance with the permit.
    (3) Requirements for compliance certification with terms and 
conditions contained in the permit, including the alternative emission 
limitation. Permits shall include each of the following:
    (i) The frequency (not less than annually) of submissions of 
compliance certifications;
    (ii) Consistent with paragraph (a)(3) of this section, a means for 
monitoring the compliance of the early reductions source with its 
alternative emission limitation;
    (iii) A requirement that the compliance certification include the 
following:
    (A) The identification of each term or condition of the permit that 
is the basis of the certification;
    (B) The compliance status;
    (C) Whether compliance was continuous or intermittent;
    (D) The method(s) used for determining the compliance status of the 
early reductions source, currently and over the reporting period 
consistent with paragraph (a)(3) of this section; and
    (E) Such other facts as the Administrator may require to determine 
the compliance status of the early reductions source;
    (iv) A requirement that all compliance certifications be submitted 
to the Administrator or the Administrator's designated agent; and
    (v) Such additional requirements as may be specified pursuant to 
sections 114(a)(3) and 504(b) of the Act.
    (4) Such other provisions as the Administrator may require.
    (d) Permit shield. (1) The Administrator will expressly include in a 
permit issued pursuant to this subpart a provision stating that 
compliance with the conditions of the permit shall be deemed compliance 
with part 63, subpart D, of this chapter (the Early Reductions Rule), as 
of the date of permit issuance.
    (2) A permit shield may be extended to all permit terms and 
conditions for alternate operating scenarios pursuant to paragraph 
(a)(9) of this section or that allow increases and decreases in 
hazardous air pollutant emissions pursuant to paragraph (a)(10) of this 
section.
    (3) Nothing in this paragraph (d) or in any permit issued pursuant 
to this subpart shall alter or affect the following:
    (i) The provisions of sections 112(r) and 303 of the Act (emergency 
orders);
    (ii) The liability of an owner or operator of an early reductions 
source for any violation of applicable requirements prior to or at the 
time of permit issuance; or
    (iii) The ability of the Administrator to obtain information from an 
early reductions source pursuant to section 114 of the Act.
    (e) Emergency provision--(1) Definition. An ``emergency'' means any 
situation arising from sudden and reasonably unforeseeable events beyond 
the control of the early reductions source, including acts of God, which 
situation requires immediate corrective action to restore normal 
operation, and that causes the early reductions source to exceed an 
emission limitation under the permit, due to unavoidable increases in 
emissions attributable to the emergency. An emergency shall not include 
noncompliance to the extent caused by improperly designed equipment, 
lack of preventative maintenance, careless or improper operation, or 
operator error.

[[Page 305]]

    (2) Effect of an emergency. An emergency constitutes an affirmative 
defense to an action brought for noncompliance with such an emission 
limitation if the conditions of paragraph (e)(3) of this section are 
met.
    (3) The affirmative defense of emergency shall be demonstrated 
through properly signed, contemporaneous operating logs, or other 
relevant evidence that:
    (i) An emergency occurred and that the permittee can identify the 
cause(s) of the emergency;
    (ii) The permitted facility was at the time being properly operated;
    (iii) During the period of the emergency the permittee took all 
reasonable steps to minimize levels of emissions that exceeded the 
emission limitation, or other requirements in the permit; and
    (iv) The permittee submitted notice of the emergency to the 
Administrator within 2 working days of the time when emission 
limitations were exceeded due to the emergency. This notice fulfills the 
requirement of paragraph (a)(5)(ii) of this section. This notice must 
contain a description of the emergency, any steps taken to mitigate 
emissions, and corrective actions taken.
    (4) In any enforcement proceeding, the permittee seeking to 
establish the occurrence of an emergency has the burden of proof.



Sec. 71.26  Permit issuance, reopenings, and revisions.

    (a) Action on application. (1) A permit or permit revision may be 
issued only if all of the following conditions have been met:
    (i) The Administrator has received a complete application for a 
permit or permit revision;
    (ii) The requirements for public participation under Sec. 71.27 
have been followed; and
    (iii) The conditions of the proposed permit or permit revision meet 
all the requirements of Sec. 71.25 and provide for compliance with an 
alternative emission limitation reflecting the emissions reduction which 
qualified the early reductions source for a compliance extension under 
part 63, subpart D, of this chapter.
    (2) The Administrator will take final action on each permit 
application (including a request for permit revision) within 12 months 
after receiving a complete application, except that final action may be 
delayed where an applicant fails to provide additional information in a 
timely manner as requested by the Administrator under Sec. 71.24(c).
    (3) The Administrator will promptly provide notice to the applicant 
of whether the application is complete. Unless the Administrator 
requests additional information or otherwise notifies the applicant of 
incompleteness within 45 days of receipt of an application, the 
application shall be deemed complete. For revisions that qualify as 
administrative amendments and are processed through the procedures of 
paragraph (c) of this section, a completeness determination need not be 
made.
    (4) If a source submits a timely and complete application for permit 
issuance, the source's failure to have a title V permit for purposes of 
any requirements under section 112 pertaining to the early reductions 
source is not a violation of this part until the Administrator takes 
final action on the permit application. This protection shall cease to 
apply if, subsequent to the completeness determination made pursuant to 
paragraph (a)(3) of this section, and as required by Sec. 71.24(d), the 
applicant fails to submit by the deadline specified in writing by the 
Administrator any additional information identified as being needed to 
process the application.
    (b) Permit renewal and expiration. (1) Permits issued under this 
subpart shall not be renewed. Permit renewal for expiring permits issued 
under this subpart shall be accomplished according to the requirements 
of title V of the Act for comprehensive permits for the facility 
containing the early reductions source.
    (2) Except as specified in paragraph (b)(3) of this section, permit 
expiration terminates the early reductions source's right to operate.
    (3) If, consistent with the requirements of title V of the Act, a 
timely

[[Page 306]]

and complete application for a comprehensive title V permit for the 
facility containing the early reductions source has been submitted but 
the permitting authority has failed to issue or deny the comprehensive 
permit prior to expiration of a permit issued under this subpart, then 
the existing permit for the early reductions source shall not expire 
until the comprehensive title V permit for the facility has been issued 
or denied.
    (c) Administrative permit amendments. (1) An ``administrative permit 
amendment'' is a permit revision that:
    (i) Corrects typographical errors;
    (ii) Identifies a change in the name, address, or phone number of 
any person identified in the permit, or provides a similar minor 
administrative change at the source;
    (iii) Requires more frequent monitoring or reporting by the 
permittee;
    (iv) Allows for a change in ownership or operational control of an 
early reductions source where the permitting authority determines that 
no other change in the permit is necessary, provided that a written 
agreement containing a specific date for transfer of permit 
responsibility, coverage, and liability between the current and new 
permittee has been submitted to the permitting authority; or
    (v) Incorporates any other type of change which the Administrator 
has determined to be ministerial in nature and, therefore, similar to 
those in paragraphs (c)(1)(i) through (c)(1)(iv) of this section.
    (2) Administrative permit amendment procedures. Administrative 
permit amendments may be made to a permit issued under this subpart 
using the following procedures:
    (i) The source shall submit to the Administrator an application 
containing a proposed addendum to the source's permit. The application 
shall demonstrate how the proposed change meets one of the criteria for 
administrative amendments set forth in paragraphs (c)(1)(i) through 
(c)(1)(iv) of this section, and include certification by the responsible 
official consistent with Sec. 71.24(f) that the change is eligible for 
administrative amendment procedures. The addendum shall:
    (A) Identify the terms of the part 71, subpart B permit the source 
proposes to change;
    (B) Propose new permit terms consistent with the provisions of this 
subpart applicable to the change;
    (C) Designate the addendum as having been processed under the 
procedures of this paragraph (c); and
    (D) Specify that the addendum will be effective 60 days from the 
date of the Administrator's receipt, unless the Administrator 
disapproves the change within such period.
    (ii) The Administrator will allow the source to implement the 
requested change immediately upon making all required submittals, 
including the proposed addendum.
    (iii) The proposed addendum will become effective 60 days after the 
Administrator receives the submittal, provided the Administrator has not 
disapproved the request in writing before the end of the 60-day period. 
The Administrator shall record the change by attaching a copy of the 
addendum to the part 71, subpart B permit.
    (iv) If the Administrator disapproves the change, he or she shall 
notify the source of the reasons for the disapproval in a timely manner. 
Upon receiving such notice, the source shall comply with the terms of 
the permit that it had proposed to change, and thereafter the proposed 
addendum shall not take effect.
    (v) The process in this paragraph (c) may also be used for changes 
initiated by the Administrator that meet the criteria under paragraphs 
(c)(1) (i), (ii), and (iv) of this section. For such changes, the 
Administrator will notify the source of the proposed change and its 
effective date, and shall attach a copy of the change to the existing 
permit. On the effective date of the proposed change, the source shall 
comply with the provisions of the proposed change.
    (vi) The permit shield under Sec. 71.25(d) may not extend to 
administrative amendments processed under this paragraph (c)(2).
    (d) Permit revision procedures--(1) Criteria. Permit revision 
procedures shall be used for applications requesting permit revisions 
that do not qualify as administrative amendments. Nothing in

[[Page 307]]

this paragraph (d) shall be construed to preclude the permittee from 
making changes consistent with this subpart that would render existing 
permit compliance terms and conditions irrelevant.
    (2) Permit revisions shall meet all requirements of this subpart, 
including those for applications, public participation, and review by 
affected States, as they apply to permit issuance. The Administrator 
will complete review on permit revisions within 9 months after receipt 
of a complete application.
    (e) Reopening for cause. (1) Each issued permit shall include 
provisions specifying the conditions under which the permit will be 
reopened. A permit shall be reopened and revised under any of the 
following circumstances:
    (i) The Administrator determines that the permit contains a material 
mistake or that inaccurate statements were made in establishing the 
emission limits or other terms or conditions of the permit.
    (ii) The Administrator determines that the permit must be revised to 
assure compliance with the alternative emission limitation.
    (2) Proceedings to reopen and issue a permit shall follow the same 
procedures as apply to initial permit issuance and shall affect only 
those parts of the permit for which cause to reopen exists.
    (3) Reopenings under paragraph (e)(1) of this section shall not be 
initiated before a notice of such intent is provided to the early 
reductions source by the Administrator. Such notice will be provided at 
least 30 days in advance of the date that the permit is to be reopened, 
except that the Administrator may provide a shorter time period in the 
case of an emergency.
    (f) EPA review under State programs for issuing specialty permits. 
(1) If the Administrator approves a State program for the implementation 
of this subpart, the State program shall require that the Administrator 
receive a copy of each permit application (including any application for 
permit revision) each proposed permit, and each final permit issued 
pursuant to this subpart. The State program may require that the 
applicant provide a copy of any permit application directly to the 
Administrator.
    (2) The Administrator will object to the issuance of any proposed 
permit determined by the Administrator not to be in compliance with 
requirements under this subpart or part 63 of this chapter. If the 
Administrator objects in writing within 45 days of receipt of a proposed 
permit and all necessary supporting documentation, the State shall not 
issue the permit.
    (3) Any EPA objection to a proposed permit will include a statement 
of the Administrator's reasons for objection and a description of the 
terms and conditions that the permit must include to respond to the 
objections. The Administrator will provide the permit applicant a copy 
of the objection.
    (4) Failure of the State to do any of the following also shall 
constitute grounds for an objection:
    (i) Comply with paragraph (f)(1) of this section;
    (ii) Submit any information necessary to review adequately the 
proposed permit; or
    (iii) Process the permit under procedures approved to meet paragraph 
(f) of this section.
    (5) If the State fails, within 90 days after the date of an 
objection under paragraph (f)(2) of this section, to revise and submit a 
proposed permit in response to the objection, the Administrator will 
issue or deny the permit in accordance with the requirements of this 
subpart.
    (6) Public petitions to the Administrator. Within 60 days after 
expiration of the Administrator's 45-day review period, any person may 
petition the Administrator in writing to make an objection. Any such 
petition shall be based only on objections to the permit that were 
raised with reasonable specificity during the public comment period 
provided for and consistent with Sec. 71.27, unless the petitioner 
demonstrates that it was impracticable to raise such objections within 
such period, or unless the grounds for such objection arose after such 
period. If the Administrator objects to the permit as a result of a 
petition filed under this paragraph, the permitting authority shall not 
issue the permit until EPA's objection has been resolved, except

[[Page 308]]

that a petition for review does not stay the effectiveness of a permit 
or its requirements if the permit was issued after the end of the 45-day 
review period and prior to an objection. If the permitting authority has 
issued a permit prior to receipt of an EPA objection under this 
paragraph, the Administrator will revise, terminate, or revoke such 
permit, and shall do so consistent with the procedures in 40 CFR 
70.7(g)(4) or (g)(5)(i) except in unusual circumstances, and the 
permitting authority may thereafter issue only a revised permit that 
satisfies EPA's objection. In any case, the source will not be in 
violation of the requirement to have submitted a timely and complete 
application.



Sec. 71.27  Public participation and appeal.

    All permit proceedings, including preparation of draft permits, 
initial permit issuance, permit revisions, and granted appeals, shall 
provide adequate procedures for public participation, including notice, 
opportunity for comment, a hearing if requested, and administrative 
appeal. Specific procedures shall include the following:
    (a) Revision, revocation and reissuance, or termination of permits. 
(1) Permits may be revised, revoked and reissued, or terminated either 
at the request of any interested person (including the permittee) or 
upon the Administrator's initiative. However, permits may only be 
revised, revoked and reissued, or terminated for the reasons specified 
in Sec. Sec. 71.25(a)(7) and 71.26(e). All requests shall be in writing 
and shall contain facts or reasons supporting the request.
    (2) If the Administrator decides the request is not justified, he or 
she shall send the requester a brief written response giving a reason 
for the decision. Denials of requests for revision, revocation and 
reissuance, or termination are not subject to public notice, comment, or 
hearings. Denials by the Administrator may be informally appealed to the 
Environmental Appeals Board by a letter briefly setting forth the 
relevant facts. The Board may direct the Administrator to begin 
revision, revocation and reissuance, or termination proceedings under 
paragraph (a)(3) of this section. The appeal shall be considered denied 
if the Board takes no action within 60 days after receiving it. This 
informal appeal is, under 42 U.S.C. 307, a prerequisite to seeking 
judicial review of EPA action in denying a request for revision, 
revocation and reissuance, or termination.
    (3)(i) Except in the case of administrative amendment of a permit, 
if the Administrator tentatively decides to revise or revoke and reissue 
a permit under Sec. Sec. 71.25(a)(7) and 71.26(e), he or she shall 
prepare a draft permit under paragraph (b) of this section incorporating 
the proposed changes. The Administrator may request additional 
information and, in the case of a revised permit, shall require the 
submission of an updated application. In the case of revoked and 
reissued permits, the Administrator shall require the submission of a 
new application.
    (ii) In a permit revision under this subsection, only those 
conditions to be revised shall be reopened when a new draft permit is 
prepared. All other aspects of the existing permit shall remain in 
effect for the duration of the unrevised permit. When a permit is 
revoked and reissued under this subsection, the entire permit is 
reopened just as if the permit had expired and was being reissued. 
During any revocation and reissuance proceeding the permittee shall 
comply with all conditions of the existing permit until a new final 
permit is reissued.
    (4) If the Administrator tentatively decides to terminate a permit 
under Sec. Sec. 71.25(a)(7) and 71.26(e), he or she shall issue a 
notice of intent to terminate. A notice of intent to terminate is a type 
of draft permit which follows the same procedures as any draft permit 
prepared under paragraph (b) of this section. A notice of intent to 
terminate shall not be issued if the Administrator and the permittee 
agree to termination in the course of transferring permit responsibility 
to an approved State under Sec. 71.21(e).
    (5) Any request by the permittee for revision to an existing permit 
shall be treated as a permit application and shall be processed in 
accordance with all requirements of Sec. 71.24.
    (b) Draft permits. (1) Once an application is complete, the 
Administrator

[[Page 309]]

shall tentatively decide whether to prepare a draft permit or to deny 
the application.
    (2) If the Administrator tentatively decides to deny the permit 
application, he or she shall issue a notice of intent to deny. A notice 
of intent to deny the permit application is a type of draft permit which 
follows the same procedures as any draft permit prepared under this 
subsection. If the Administrator's final decision is that the tentative 
decision to deny the permit application was incorrect, he or she shall 
withdraw the notice of intent to deny and proceed to prepare a draft 
permit under paragraph (b)(4) of this section.
    (3) If the Administrator decides to prepare a draft permit, he or 
she shall prepare a draft permit that contains the permit conditions 
under Sec. 71.25.
    (4) All draft permits prepared under this subsection shall be 
publicly noticed and made available for public comment. The 
Administrator shall give notice of opportunity for a public hearing, 
issue a final decision and respond to comments. For all early reductions 
permits, an appeal may be taken under paragraph (l) of this section.
    (c) Statement of basis. The Administrator shall prepare a statement 
of basis for every draft permit. The statement of basis shall briefly 
describe the derivation of the conditions of the draft permit and the 
reasons for them or, in the case of notices of intent to deny or 
terminate, reasons supporting the tentative decision. The statement of 
basis shall be sent to the applicant and, on request, to any other 
person.
    (d) Public notice of permit actions and public comment period--(1) 
Scope. (i) The Administrator shall give public notice that the following 
actions have occurred:
    (A) A permit application has been tentatively denied under paragraph 
(b)(2) of this section;
    (B) A draft permit has been prepared under paragraph (b)(3) of this 
section;
    (C) A hearing has been scheduled under paragraph (f) of this 
section;
    (D) An appeal has been granted under paragraph (l)(3) of this 
section.
    (ii) No public notice is required in the case of administrative 
permit amendments, or when a request for permit revision, revocation and 
reissuance, or termination has been denied under paragraph (a)(2) of 
this section. Written notice of that denial shall be given to the 
requester and to the permittee.
    (iii) Public notices may describe more than one permit or permit 
action.
    (2) Timing. (i) Public notice of the preparation of a draft permit 
or permit revision (including a notice of intent to deny a permit or 
permit revision application) shall allow at least 30 days for public 
comment.
    (ii) Public notice of a public hearing shall be given at least 30 
days before the hearing. (Public notice of the hearing may be given at 
the same time as public notice of the draft permit or permit revision 
and the two notices may be combined.)
    (iii) The Administrator shall provide such notice and opportunity 
for participation to Affected States on or before the time that the 
Administrator provides this notice to the public.
    (3) Methods. Public notice of activities described in paragraph 
(d)(1)(i) of this section shall be given by the following methods:
    (i) By mailing a copy of a notice to the following persons (any 
person otherwise entitled to receive notice under this paragraph (d) may 
waive his or her rights to receive notice for any permit):
    (A) The applicant;
    (B) Any other agency which the Administrator knows has issued or is 
required to issue any other permit under the Clean Air Act for the same 
facility or activity;
    (C) Affected States and Indian Tribes;
    (D) Affected State and local air pollution control agencies, the 
chief executives of the city and county where the early reductions 
source is located, any comprehensive regional land use planning agency 
and any State, Federal Land Manager, or Indian Governing Body whose 
lands may be affected by emissions from the regulated activity;
    (E) Persons on a mailing list developed by:
    (1) Including those who request in writing to be on the list;
    (2) Soliciting persons for ``area lists'' from participants in past 
permit proceedings in that area; and

[[Page 310]]

    (3) Notifying the public of the opportunity to be put on the mailing 
list through periodic publication in the public press and in such 
publications as Regional and State funded newsletters, environmental 
bulletins, or State law journals. (The Administrator may update the 
mailing list from time to time by requesting written indication of 
continued interest from those listed. The Administrator may delete from 
the list the name of any person who fails to respond to such a 
request.);
    (F) Any unit of local government with authority for regulating air 
pollution and having jurisdiction over the area where the early 
reductions source is located and to each State agency having any 
authority for regulating air pollution under State law with respect to 
the operation of such source.
    (ii) By publication of a notice in a daily or weekly newspaper of 
general circulation within the area affected by the early reductions 
source.
    (iii) By any other method reasonably calculated to give actual 
notice of the action in question to the persons potentially affected by 
it, including press releases or any other forum or medium to elicit 
public participation.
    (4) Contents--(i) All public notices. All public notices issued 
under this subpart shall contain the following minimum information:
    (A) The name and address of the Administrator or the Administrator's 
designated agent processing the permit;
    (B) The name and address of the permittee or permit applicant and, 
if different, of the facility regulated by the permit;
    (C) The activity or activities involved in the permit action;
    (D) The emissions change involved in any permit revision;
    (E) The name, address and telephone number of a person from whom 
interested persons may obtain additional information, including copies 
of the draft permit, the application, all relevant supporting materials, 
and all other materials available to the Administrator that are relevant 
to the permit decision;
    (F) A brief description of the comment procedures required by 
paragraphs (e) and (f) of this section and the time and place of any 
hearing that will be held, including a statement of procedures to 
request a hearing (unless a hearing has already been scheduled) and 
other procedures by which the public may participate in the final permit 
decision; and
    (G) Any additional information considered necessary or proper.
    (ii) Public notices for hearings. In addition to the general public 
notice described in paragraph (d)(4)(i) of this section, the public 
notice of a hearing under paragraph (f) of this section shall contain 
the following information:
    (A) Reference to the date of previous public notices relating to the 
permit;
    (B) Date, time, and place of the hearing; and
    (C) A brief description of the nature and purpose of the hearing, 
including the applicable rules and procedures.
    (5) In addition to the general public notice described in paragraph 
(d)(4)(i) of this section, all persons identified in paragraphs 
(d)(3)(i)(A), (B), and (C) of this section shall be mailed a copy of the 
fact sheet or statement of basis, the permit application (if any), and 
the draft permit (if any).
    (e) Public comments and requests for public hearings. During the 
public comment period provided under paragraph (a) of this section, any 
interested person may submit written comments on the draft permit or 
permit revision and may request a public hearing, if no hearing has 
already been scheduled. A request for a public hearing shall be in 
writing and shall state the nature of the issues proposed to be raised 
at the hearing. All comments shall be considered in making the final 
decision and shall be answered as provided in paragraph (j) of this 
section. The Administrator will keep a record of the commenters and of 
the issues raised during the public participation process, and such 
records shall be available to the public.
    (f) Public hearings. (1)(i) The Administrator shall hold a hearing 
whenever he or she finds, on the basis of requests, a significant degree 
of public interest in a draft permit or permit revision.
    (ii) The Administrator may also hold a public hearing at his or her 
discretion, whenever, for instance, such a hearing might clarify one or 
more issues involved in the permit decision.

[[Page 311]]

    (iii) Public notice of the hearing shall be given as specified in 
paragraph (d) of this section.
    (2) Whenever a public hearing is held, the Administrator shall 
designate a Presiding Officer for the hearing who shall be responsible 
for its scheduling and orderly conduct.
    (3) Any person may submit oral or written statements and data 
concerning the draft permit or permit revision. Reasonable limits may be 
set upon the time allowed for oral statements, and the submission of 
statements in writing may be required. The public comment period under 
paragraph (d) of this section shall be automatically extended to the 
close of any public hearing under this subsection. The hearing officer 
may also extend the comment period by so stating at the hearing.
    (4) A tape recording or written transcript of the hearing shall be 
made available to the public.
    (g) Obligation to raise issues and provide information during the 
public comment period. All persons, including applicants, who believe 
any condition of a draft permit is inappropriate or that the 
Administrator's tentative decision to deny an application, terminate a 
permit, or prepare a draft permit is inappropriate, must raise all 
reasonably ascertainable issues and submit all reasonably ascertainable 
arguments supporting their position by the close of the public comment 
period (including any public hearing). Any supporting materials which 
are submitted shall be included in full and may not be incorporated by 
reference, unless they are already part of the administrative record in 
the same proceeding, or consist of State or Federal statutes and 
regulations, EPA documents of general applicability, or other generally 
available reference materials. Commenters shall make supporting 
materials not already included in the administrative record available to 
EPA as directed by the Administrator. (A comment period longer than 30 
days may be necessary to give commenters a reasonable opportunity to 
comply with the requirements of this paragraph (g). Additional time 
shall be granted to the extent that a commenter who requests additional 
time demonstrates the need for such time.)
    (h) Reopening of the public comment period. (1)(i) The Administrator 
may order the public comment period reopened if the procedures of this 
paragraph (h) could expedite the decisionmaking process. When the public 
comment period is reopened under this paragraph (h), all persons, 
including applicants, who believe any condition of a draft permit is 
inappropriate or that the Administrator's tentative decision to deny an 
application, terminate a permit, or prepare a draft permit is 
inappropriate, must submit all reasonably available factual grounds 
supporting their position, including all supporting material, by a date, 
not less than 60 days after public notice under paragraph (h)(1)(ii) of 
this section, set by the Administrator. Thereafter, any person may file 
a written response to the material filed by any other person, by a date, 
not less than 20 days after the date set for filing of the material, set 
by the Administrator.
    (ii) Public notice of any comment period under this paragraph shall 
identify the issues to which the requirements of paragraph (h)(1)(i) of 
this section shall apply.
    (iii) On his or her own motion or on the request of any person, the 
Administrator may direct that the requirements of paragraph (h)(1)(i) of 
this section shall apply during the initial comment period where it 
reasonably appears that issuance of the permit will be contested and 
that applying the requirements of paragraph (h)(1)(i) of this section 
will substantially expedite the decisionmaking process. The notice of 
the draft permit shall state whenever this has been done.
    (iv) A comment period of longer than 60 days will often be necessary 
in complicated proceedings to give commenters a reasonable opportunity 
to comply with the requirements of this subsection. Commenters may 
request longer comment periods and they shall be granted to the extent 
they appear necessary.
    (2) If any data, information, or arguments submitted during the 
public comment period appear to raise substantial new questions 
concerning a

[[Page 312]]

permit, the Administrator may take one or more of the following actions:
    (i) Prepare a new draft permit, appropriately modified;
    (ii) Prepare a revised statement of basis, a fact sheet or revised 
fact sheet, and reopen the comment period; or
    (iii) Reopen or extend the comment period to give interested persons 
an opportunity to comment on the information or arguments submitted.
    (3) Comments filed during the reopened comment period shall be 
limited to the substantial new questions that caused its reopening. The 
public notice shall define the scope of the reopening.
    (4) Public notice of any of the above actions shall be issued under 
paragraph (d) of this section.
    (i) Issuance and effective date of permit. (1) After the close of 
the public comment period on a draft permit, the Administrator shall 
issue a final permit decision. The Administrator shall notify the 
applicant and each person who has submitted written comments or 
requested notice of the final permit decision. This notice shall include 
reference to the procedures for appealing a decision on a permit. For 
the purposes of this paragraph (i), a final permit decision means a 
final decision to issue, deny, revise, revoke and reissue, or terminate 
a permit.
    (2) A final permit decision shall become effective 30 days after the 
service of notice of the decision unless:
    (i) A later effective date is specified in the decision; or
    (ii) No comments requested a change in the draft permit, in which 
case the permit shall become effective immediately upon issuance.
    (j) Response to comments. (1) At the time that any final permit 
decision is issued, the Administrator shall issue a response to 
comments. This response shall:
    (i) Specify which provisions, if any, of the draft permit have been 
changed in the final permit decision, and the reasons for the change; 
and
    (ii) Briefly describe and respond to all significant comments on the 
draft permit raised during the public comment period, or during any 
hearing.
    (2) Any documents cited in the response to comments shall be 
included in the administrative record for the final permit decision as 
defined in paragraph (k) of this section. If new points are raised or 
new material supplied during the public comment period, EPA may document 
its response to those matters by adding new materials to the 
administrative record.
    (3) The response to comments shall be available to the public.
    (4) The Administrator will notify in writing any Affected State of 
any refusal to accept recommendations for the permit that the State 
submitted during the public or Affected State review period.
    (k) Administrative record for final permit. (1) The Administrator 
shall base final permit decisions on the administrative record defined 
in this paragraph (k).
    (2) The administrative record for any final permit shall consist of:
    (i) All comments received during the public comment period, 
including any extension or reopening;
    (ii) The tape or transcript of any hearing(s) held;
    (iii) Any written material submitted at such a hearing;
    (iv) The response to comments required by paragraph (j) of this 
section and any new materials placed in the record under paragraph (j) 
of this section;
    (v) Other documents contained in the supporting file for the permit;
    (vi) The final permit;
    (vii) The application and any supporting data furnished by the 
applicant;
    (viii) The draft permit or notice of intent to deny the application 
or to terminate the permit;
    (ix) The statement of basis for the draft permit;
    (x) All documents cited in the statement of basis; and
    (xi) Other documents contained in the supporting file for the draft 
permit.
    (3) The additional documents required under paragraph (k)(2) of this 
section should be added to the record as soon as possible after their 
receipt or publication by EPA. The record shall be complete on the date 
the final permit is issued.
    (4) This section applies to all final permits.

[[Page 313]]

    (5) Material readily available at the issuing Regional Office, or 
published materials which are generally available and which are included 
in the administrative record under the standards of paragraph (j) of 
this section (``response to comments''), need not be physically included 
in the same file as the rest of the record as long as it is specifically 
referred to in the statement of basis or fact sheet or in the response 
to comments.
    (l) Appeal of permits. (1) Within 30 days after a final permit 
decision has been issued, any person who filed comments on the draft 
permit or participated in the public hearing may petition the 
Environmental Appeals Board to review any condition of the permit 
decision. Any person who failed to file comments or failed to 
participate in the public hearing on the draft permit may petition for 
administrative review only to the extent of the changes from the draft 
to the final permit decision. The 30-day period within which a person 
may request review under this subsection begins with the service of 
notice of the Administrator's action unless a later date is specified in 
that notice. The petition shall include a statement of the reasons 
supporting that review, including a demonstration that any issues raised 
were raised during the public comment period (including any public 
hearing) to the extent required by these regulations unless the 
petitioner demonstrates that it was impracticable to raise such 
objections within such period or unless the grounds for such objection 
arose after such period, and, when appropriate, a showing that the 
condition in question is based on:
    (i) A finding of fact or conclusion of law which is clearly 
erroneous; or
    (ii) An exercise of discretion or an important policy consideration 
which the Environmental Appeals Board should, in its discretion, review.
    (2) The Board may also decide on its initiative to review any 
condition of any permit issued under this subpart. The Board must act 
under this paragraph within 30 days of the service date of notice of the 
Administrator's action.
    (3) Within a reasonable time following the filing of the petition 
for review, the Board shall issue an order either granting or denying 
the petition for review. To the extent review is denied, the conditions 
of the final permit decision become final agency action. Public notice 
of any grant of review by the Board under paragraph (l) (1) or (2) of 
this section shall be given as provided in paragraph (d) of this 
section. Public notice shall set forth a briefing schedule for the 
appeal and shall state that any interested person may file an amicus 
brief. Notice of denial of review shall be sent only to applicant and to 
the person(s) requesting review.
    (4) A petition to the Board under paragraph (l)(1) of this section 
is, under 42 U.S.C. 307(b), a prerequisite to the seeking of judicial 
review of the final agency action.
    (5) For purposes of judicial review, final agency action occurs when 
a final permit is issued or denied by EPA and agency review procedures 
are exhausted. A final permit decision shall be issued by the 
Administrator:
    (i) When the Board issues notice to the parties that review has been 
denied;
    (ii) When the Board issues a decision on the merits of the appeal 
and the decision does not include a remand of the proceedings; or
    (iii) Upon the completion of remand proceedings if the proceedings 
are remanded, unless the Board's remand order specifically provides that 
appeal of the remand decision will be required to exhaust administrative 
remedies.
    (6) Neither the filing of a petition for review of any condition of 
the permit or permit decision nor the granting of an appeal by the 
Environmental Appeals Board shall stay the effect of any contested 
permit or permit condition.
    (m) Computation of time. (1) Any time period scheduled to begin on 
the occurrence of an act or event shall begin on the day after the act 
or event.
    (2) Any time period scheduled to begin before the occurrence of an 
act or event shall be computed so that the period ends on the day before 
the act or event, except as otherwise provided.
    (3) If the final day of any time period falls on a weekend or legal 
holiday, the time period shall be extended to the next working day.
    (4) Whenever a party or interested person has the right or is 
required to

[[Page 314]]

act within a prescribed period after the service of notice or other 
paper upon him or her by mail, 3 days shall be added to the prescribed 
time.


[[Page 315]]



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  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 317]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2009)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)

[[Page 318]]

      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)

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     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 320]]

         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)

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    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

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                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

[[Page 323]]

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)

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      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)

[[Page 325]]

         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)

[[Page 326]]

      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)

[[Page 327]]

       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)

[[Page 328]]

       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 329]]

        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

[[Page 330]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Chapters 62--100 [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
            Chapters 103--104 [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 331]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 332]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899) 
                [Reserved]
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)

[[Page 333]]

        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement [Reserved]

[[Page 334]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)

[[Page 335]]

         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 337]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2009)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 338]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 339]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99

[[Page 340]]

  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II

[[Page 341]]

General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII

[[Page 342]]

Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V

[[Page 343]]

  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII

[[Page 344]]

National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
   National Security Council
[[Page 345]]

Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8

[[Page 346]]

Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 347]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
Title 40 was established at 36 FR 12213, June 29, 1971. For the period 
before January 1, 2001, see the ``List of CFR Sections Affected, 1964-
1972, 1964-1972, 1973-1985, and 1986-2000'' published in 10 separate 
volumes.

                                  2001

40 CFR
                                                                   66 FR
                                                                    Page
Chapter I
Chapter I Nomenclature change......................................34375
67.11 (b)(3) amended...............................................34376
69 Authority citation revised.......................................5134
69.51 Revised.......................................................5134
70.2 Amended.......................................................59166
70.4 (d)(2) revised................................................27010
70.6 (c)(5)(iii)(C) revised.................................12876, 55884
70 Appendix amended........21, 15639, 16140, 38946, 40903, 42441, 45943, 
         48808, 49544, 49839, 49841, 50325, 50329, 50575, 51317, 51320, 
         51585, 52544, 52876, 54446, 54955, 55115, 57000, 59537, 62946, 
         62949, 62951, 62954, 62960, 62967, 62969, 62972, 63168, 63170, 
                         63175, 63180, 63184, 63188, 63192, 63331, 63510
    Regulation at 66 FR 21 withdrawn; Appendix A amended...........17512
    Regulation at 66 FR 15639 withdrawn............................24061
    Regulation at 66 FR 38946 withdrawn............................48357
    Regulation at 66 FR 51581 withdrawn............................58400
    Regulation at 66 FR 52544 withdrawn............................58952
71.6 (c)(5)(iii)(C) revised.................................12876, 55885

                                  2002

40 CFR
                                                                   67 FR
                                                                    Page
Chapter I
70 Technical correction.............................................4673
70.6 (c)(1) suspended; eff. 9-17-02 through 11-18-02; interim......58536
    70 Appendix A amended...5217, 7965, 7976, 9596, 11581, 31974, 55131, 
                                                     63563, 70322, 71481
    Appendix A amended; eff. 7-15-02...............................34848
    Appendix A amended; eff. 7-29-02...............................37328
    Appendix A amended; eff. 8-9-02................................39632
71.4 (b) introductory text amended.................................38330
71.6 (c)(1) suspended; eff. 9-17-02 through 11-18-02; interim......58536
71.9 (p) removed...................................................38330

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
69.13 (f) added.....................................................1167
69.41 (h) added....................................................75784
70 Actions on petitions............................................14163
    Federal and State operating permit approvals...................52517
70.6 (c)(5)(iii)(B) and (C) revised................................38523
70 Appendix A amended....1985, 10972, 18550, 40531, 46491, 52695, 54172, 
                                 54369, 54377, 63737,65403, 65639, 74873
71 Policy statement................................................45167
71.6 (c)(5)(iii)(B) and (C) revised................................38523
71.9 (f)(5) added..................................................25512

[[Page 348]]

    Regulation at 68 FR 25512 withdrawn............................38197

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803
Chapter I
68 Authority citation revised......................................18831
68.2 Removed.......................................................18831
68.42 (b)(11) revised..............................................18831
68.150 (c), (d) and (e) redesignated as (d), (e) and (f); new (c) 
        added; (a) and new (d) revised.............................18831
68.155 (c) removed; (d) through (g) redesignated as (c) through 
        (f)........................................................18831
68.160 (b)(5) and (6) revised; (b)(14) through (18) redesignated 
        as (b)(15) through (19); new (b)(14) and (20) added........18831
68.190 (a), (b)(1) and (c) revised.................................18832
68.195 Added.......................................................18832
69 Technical correction............................................12199
69.41 Regulation at 68 FR 75784 withdrawn...........................9216
    (h) added......................................................10335
69.51 Revised; eff. 8-30-04........................................39165
69.52 Added; eff. 8-30-04..........................................39165
70 Federal and State operating permit approvals.......3202, 9557, 10167, 
                                                                   45596
    Actions on petitions...........................................34301
70.2 (7) through (12) redesignated as (8) through (13); new (7) 
        added; eff. 7-6-04.........................................31505
70 Appendix A amended............2513, 45277, 45278, 46108, 54247, 75481
71 Federal and State operating permit approvals.....................3202
71.2 (7) through (12) redesignated as (8) through (13); new (7) 
        added; eff. 7-6-04.........................................31505

                                  2005

40 CFR
                                                                   70 FR
                                                                    Page
Chapter I
69.13 (b)(1)(v) added..............................................59887
69.22 (b)(1)(v) added..............................................59887
69.32 (b)(1)(v) added..............................................59887
70 Deficiency notice...............................................32243
70.1 (f) added.....................................................59887
70.3 (a) introductory text and (b)(4) introductory text revised; 
        (b)(3) removed.............................................75346
70 Appendix A amended..................16141, 16430, 22603, 22606, 75403
71.3 (b)(3) removed................................................75346
71.10 (a) amended..................................................59887

                                  2006

40 CFR
                                                                   71 FR
                                                                    Page
Chapter I
65.2 Amended.......................................................20471
65.3 (a)(3) and (4) amended; (b)(2)(i) revised.....................20471
65.6 (b)(1) introductory text amended; (b)(2) and (c)(3) revised 
                                                                   20471
65.115 (b)(1) and (2) amended......................................20472
65.156 (d)(3)(i) and (ii) revised..................................20472
65.161 (e)(2)(iv)(A) revised.......................................20472
65.163 (c)(2) revised..............................................20472
69.13 (f) revised...................................................9719
69.51 Revised; eff. 7-6-06.........................................32462
69.52 (a)(4) and (h) added; (c)(1), (2), (f) and (g) revised; eff. 
        7-6-06.....................................................32463
70 State operating permit programs..................................9720
    Policy statement........................................67061, 75422
70 Appendix A amended; eff. 7-11-06................................27631
    Appendix A amended.................38780, 39001, 70471, 70667, 75422
71 Policy statement................................................75422
40 CFR
                                                                   72 FR
                                                                    Page
Chapter I
65 Actions on petitions............................................19385
65.2 Amended.......................................................48942
65.157 (c) introductory text revised; (c)(1)(viii) through (xi) 
        added......................................................48942
    (c) introductory text correctly added..........................73626
70.2 Amended; eff. 7-2-07..........................................24078
70 Appendix A amended......7832, 8283, 10616, 19806, 20429, 41026, 58538
71.2 Amended; eff. 7-2-07..........................................24078

[[Page 349]]

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
65.7 Heading revised; (b) amended; (e), (f) and (g) added..........78217
65.1--65.19 (Subpart A) Table 3 added..............................78219
70 Actions on petitions............................................24174
70 Appendix A amended...........................4475, 7472, 49955, 53140
71 Actions on petitions............................................24174

                                  2009

   (Regulations published from January 1, 2009, through July 1, 2009)

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
70 Appendix A amended..............................................17089


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