[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2014 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]



          Title 40

Protection of Environment


________________________

Parts 64 to 71

                         Revised as of July 1, 2014

          Containing a codification of documents of general
          applicability and future effect

          As of July 1, 2014
                    Published by the Office of the Federal Register
                    National Archives and Records Administration as a
                    Special Edition of the Federal Register

[[Page ii]]

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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........................     325
      Alphabetical List of Agencies Appearing in the CFR......     345
      List of CFR Sections Affected...........................     355

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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.

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

[[Page v]]



                               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, 2014), 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
dates and effective dates are usually not the same and care must be
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instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
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.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
(LSA). For the convenience of the reader, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
editorially to indicate that a portion of the CFR was left vacant and
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
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
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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
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within
that volume.
    The Federal Register Index is issued monthly in cumulative form.
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.

REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this
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the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
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    Charles A. Barth,
    Director,
    Office of the Federal Register.
    July 1, 2014.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-three
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-
52.2019), part 52 (52.2020-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, parts 85-86, parts 87-
95, parts 96-99, 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, 2014.

    Chapter I--Environmental Protection Agency appears in all thirty-
three 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
John Hyrum Martinez, 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........................         142
67              EPA approval of State noncompliance penalty
                    program.................................         155
68              Chemical accident prevention provisions.....         162
69              Special exemptions from requirements of the
                    Clean Air Act...........................         197
70              State operating permit programs.............         214
71              Federal operating permit programs...........         267


                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)



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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

[[Page 6]]

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 C (0.04 pounds per square inch at 68
F);
    (2) The total concentration of the pure organic compound
constituents having a vapor pressure greater than 0.3 kilopascals at 20
C (0.04 pounds per square inch at 68 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 (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, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, 5 Post Office Square--Suite 100,
Boston, MA 02109-3912
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 Waste
Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
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 (Arizona, California, Hawaii, Nevada; the territories of
American Samoa and Guam; the Commonwealth of the Northern Mariana
Islands; the territories of Baker Island, Howland Island, Jarvis Island,
Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake
Islands; and certain U.S. Government activities in the freely associated
states of the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau), Director, Air Division, U.S.
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA
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 Environmental Quality, 1110 West
Washington Street, Phoenix, AZ 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,
12200-B Airport Road, Jackson, CA 95642.
    (ii) Antelope Valley Air Quality Management District, 43301 Division
Street, Suite 206, Lancaster, CA 93535.
    (iii) Bay Area Air Quality Management District, 939 Ellis Street,
San Francisco, CA 94109.
    (iv) Butte County Air Quality Management District, 2525 Dominic
Drive, Suite J, Chico, CA 95928.
    (v) Calaveras County Air Pollution Control District, 891 Mountain
Ranch Road, San Andreas, CA 95249.
    (vi) Colusa County Air Pollution Control District, 100 Sunrise
Blvd., Suite A-3, Colusa, CA 95932-3246.
    (vii) El Dorado County Air Quality Management District, 2850
Fairlane Court, Bldg. C, Placerville, CA 95667-4100.

[[Page 44]]

    (viii) Eastern Kern Air Pollution Control District, 2700 ``M''
Street, Suite 302, Bakersfield, CA 93301-2370.
    (ix) Feather River Air Quality Management District, 1007 Live Oak
Blvd., Suite B-3, Yuba City, CA 95991.
    (x) Glenn County Air Pollution Control District, 720 N. Colusa
Street, P.O. Box 351, Willows, CA 95988-0351.
    (xi) Great Basin Unified Air Pollution Control District, 157 Short
Street, Suite 6, Bishop, CA 93514-3537.
    (xii) Imperial County Air Pollution Control District, 150 South
Ninth Street, El Centro, CA 92243-2801.
    (xiii) Lake County Air Quality Management District, 885 Lakeport
Blvd., Lakeport, CA 95453-5405.
    (xiv) Lassen County Air Pollution Control District, 707 Nevada
Street, Suite 1, Susanville, CA 96130.
    (xv) Mariposa County Air Pollution Control District, P.O. Box 5,
Mariposa, CA 95338.
    (xvi) Mendocino County Air Quality Management District, 306 E. Gobbi
Street, Ukiah, CA 95482-5511.
    (xvii) Modoc County Air Pollution Control District, 619 North Main
Street, Alturas, CA 96101.
    (xviii) Mojave Desert Air Quality Management District, 14306 Park
Avenue, Victorville, CA 92392-2310.
    (xix) Monterey Bay Unified Air Pollution Control District, 24580
Silver Cloud Court, Monterey, CA 93940.
    (xx) North Coast Unified Air Quality Management District, 2300
Myrtle Avenue, Eureka, CA 95501-3327.
    (xxi) Northern Sierra Air Quality Management District, 200 Litton
Drive, Suite 320, P.O. Box 2509, Grass Valley, CA 95945-2509.
    (xxii) Northern Sonoma County Air Pollution Control District, 150
Matheson Street, Healdsburg, CA 95448-4908.
    (xxiii) Placer County Air Pollution Control District, 3091 County
Center Drive, Suite 240, Auburn, CA 95603.
    (xxiv) Sacramento Metropolitan Air Quality Management District, 777
12th Street, Third Floor, Sacramento, CA 95814-1908.
    (xxv) San Diego County Air Pollution Control District, 10124 Old
Grove Road, San Diego, CA 92131-1649.
    (xxvi) San Joaquin Valley Air Pollution Control District, 1990 E.
Gettysburg, Fresno, CA 93726.
    (xxvii) San Luis Obispo County Air Pollution Control District, 3433
Roberto Court, San Luis Obispo, CA 93401-7126.
    (xxviii) Santa Barbara County Air Pollution Control District, 260
North San Antonio Road, Suite A, Santa Barbara, CA 93110-1315.
    (xxix) Shasta County Air Quality Management District, 1855 Placer
Street, Suite 101, Redding, CA 96001-1759.
    (xxx) Siskiyou County Air Pollution Control District, 525 So.
Foothill Drive, Yreka, CA 96097-3036.
    (xxxi) South Coast Air Quality Management District, 21865 Copley
Drive, Diamond Bar, CA 91765-4182.
    (xxxii) Tehama County Air Pollution Control District, P.O. Box 8069
(1750 Walnut Street), Red Bluff, CA 96080-0038.
    (xxxiii) Tuolumne County Air Pollution Control District, 22365
Airport, Columbia, CA 95310.
    (xxxiv) Ventura County Air Pollution Control District, 669 County
Square Drive, 2nd Floor, Ventura, CA 93003-5417.
    (xxxv) Yolo-Solano Air Quality Management District, 1947 Galileo
Court, Suite 103, Davis, CA 95616-4882.
    (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. Clean Air Branch, Hawaii Department of Health, 919 Ala
Moana Blvd., Suite 203, Honolulu, HI 96814.

[[Page 45]]

    (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 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 Division of Environmental Protection, 901 South
Stewart Street, Suite 4001, Carson City, NV 89701-5249.
    (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.

[[Page 46]]

    (38) Pennsylvania. Department of Environmental Resources, Post
Office Box 2063, Harrisburg, Pennsylvania 17120.
    (39) Rhode Island. Division of Air and Hazardous Materials,
Department of 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.

[65 FR 78285, Dec. 14, 2000, as amended at 75 FR 69353, Nov. 12, 2010;
76 FR 49673, Aug. 11, 2011; 78 FR 37977, June 25, 2013]



Sec. Sec. 65.15-65.19  [Reserved]

[[Page 47]]



 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.



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


[[Page 48]]



   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.
    (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.

[[Page 49]]

    (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:
    (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.

[[Page 50]]

    (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 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

[[Page 51]]

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 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

[[Page 52]]

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.
    (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.

[[Page 53]]

    (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).
    (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

[[Page 54]]

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 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

[[Page 55]]

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.
    (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

[[Page 56]]

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 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

[[Page 57]]

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.
    (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.

[[Page 58]]

    (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).
    (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

[[Page 59]]

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
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

[[Page 60]]

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 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

[[Page 61]]

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 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 C (68 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


[[Page 62]]


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 C and 760 millimeters of
          mercury, but the standard temperature for determining the
          volume corresponding to 1 mole is 20 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 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 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 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 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 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:

[[Page 63]]

[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 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 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.

    (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.

[[Page 64]]

    (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;
    (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

[[Page 65]]

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 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).

[[Page 66]]

    (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 67]]

  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
                                                 18.83.5
                                                 14.2<=Q <=18.8          1/ETOC            18.84466  0.26742Q         -0.200440Q\0.88\       0                  0.01025Q\0.5\                  9
                                                 18.83.6
                                                 Q =14.2 and  1/ETOC             6.67868  0                0.02220Q\0.88\H\0.88\  -0.00707QH         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=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=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 69]]



                        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 70]]

    (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 71]]

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 72]]

    (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 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 73]]



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 74]]

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 75]]

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 76]]

    (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 77]]

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 78]]

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 79]]

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 80]]

    (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 81]]

    (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 82]]

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 83]]

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

[[Page 84]]

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.
    (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

[[Page 85]]

comply with the requirements of paragraphs (b)(3)(iv) and (v) of this
section. 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:

[[Page 86]]

    (A) Buried;
    (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 87]]

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 88]]



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 89]]



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 90]]

    (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 C (1400 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 91]]

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 92]]

    (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 93]]

    (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 94]]

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 95]]

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 96]]

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:

\(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 97]]

    (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 98]]

    (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 99]]

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 100]]

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 101]]



    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 102]]

    (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 103]]

    (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 104]]

    (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 105]]

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 106]]

    (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 107]]

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 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 108]]

    (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 109]]

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 110]]

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 111]]

[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 C and 760 millimeters of mercury
          (30 inches of mercury), but the standard temperature for
          determining the volume corresponding to 1 mole is 20 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 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 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.


[[Page 112]]


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

[[Page 113]]

    (ii) Where a catalytic incinerator is used, temperature monitoring
devices 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).

[[Page 114]]

    (c) Boiler and process heater monitoring requirements. (1) Where a
boiler or process heater of less than 44 megawatts (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

[[Page 115]]

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 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.

[[Page 116]]



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 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.

[[Page 117]]



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.
    (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

[[Page 118]]

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 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.

[[Page 119]]

    (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 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.

[[Page 120]]

    (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
    (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

[[Page 121]]

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.
    (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

[[Page 122]]

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.
    (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

[[Page 123]]

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 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,

[[Page 124]]

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
    (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

[[Page 125]]

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 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.


[[Page 126]]


    (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):
    (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 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 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

[[Page 127]]

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.
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 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

[[Page 128]]

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 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).

[[Page 129]]

    (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 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

[[Page 130]]

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 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

[[Page 131]]

    (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 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

[[Page 132]]

(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 C on a boiler)
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.
    (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

[[Page 133]]

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 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,

[[Page 134]]

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) 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.

[[Page 135]]

    (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.
    (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

[[Page 136]]

(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, 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

[[Page 137]]

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.
    (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.

[[Page 138]]

    (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:
    (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

[[Page 139]]

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 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

[[Page 140]]

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.
    (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

[[Page 141]]

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 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

[[Page 142]]

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), 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.

[[Page 143]]


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.
    (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

[[Page 144]]

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 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,

[[Page 145]]

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 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

[[Page 146]]

    (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 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

[[Page 147]]

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.
    (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

[[Page 148]]

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 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

[[Page 149]]

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 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

[[Page 150]]

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 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

[[Page 151]]

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]



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

[[Page 152]]

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 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

[[Page 153]]

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 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.

[[Page 154]]



                         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.
    (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

[[Page 155]]

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 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.

[[Page 156]]

     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.



                       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:

[[Page 157]]

    (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 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

[[Page 158]]

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 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

[[Page 159]]

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).
    (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).

[[Page 160]]

    (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 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

[[Page 161]]

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 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

[[Page 162]]

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]



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.

[[Page 163]]



                            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.)
    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

[[Page 164]]

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.
    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

[[Page 165]]

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, 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

[[Page 166]]

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.
    (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

[[Page 167]]

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 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
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

[[Page 168]]

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 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

[[Page 169]]

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 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

[[Page 170]]

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 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.

[[Page 171]]

    (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 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

[[Page 172]]

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 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

[[Page 173]]

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.
    (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.

[[Page 174]]

    (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, 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:

[[Page 175]]

    (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 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

[[Page 176]]

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.



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

[[Page 177]]

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.



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,

[[Page 178]]

    (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.



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.

[[Page 179]]



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.



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.

[[Page 180]]



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 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

[[Page 181]]

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 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

[[Page 182]]

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 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;

[[Page 183]]

    (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 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-].

[[Page 184]]


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
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

[[Page 185]]


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-].
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].

[[Page 186]]


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)-].
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-].

[[Page 187]]


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
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 188]]


  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 189]]


 \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 190]]

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 191]]

    (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 192]]

    (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 193]]

    (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 194]]

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 195]]



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 196]]

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 197]]


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.
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 198]]

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 199]]

    (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 200]]

    (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 201]]

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 202]]

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 203]]

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 204]]

    (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 205]]

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 206]]

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.

    (a) Change to Major Source Baseline Date and Trigger Date. Pursuant
to section 325(a) of the Clean Air Act and a petition submitted by the
Governor of the Commonwealth of the Northern Mariana Islands, EPA grants
an exemption to the major source baseline dates and trigger dates for
sulfur dioxide, PM10, and nitrogen dioxide under 40 CFR
52.21, and establishes January 13, 1997 as the major source baseline
date and trigger date for these pollutants in the Commonwealth of the
Northern Mariana Islands. This exemption applies solely to the PSD major
source baseline date and trigger date in the Commonwealth of the
Northern Mariana Islands. Owners and operators of air pollutant sources
are required to

[[Page 207]]

comply with all other applicable requirements of the Clean Air Act. For
purposes of complying with any applicable requirement that is triggered
by, implemented or calculated from the PSD major source baseline date,
such requirement, increment, or calculation shall, for sources located
within the Commonwealth of the Northern Mariana Islands, use January 13,
1997 as the PSD major source baseline date and trigger date for sulfur
dioxide, PM10, and nitrogen dioxide.
    (b) [Reserved]

[79 FR 22035, Apr. 22, 2014]



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.
    (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.

[[Page 208]]

    (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, 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

[[Page 209]]

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.
    (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

[[Page 210]]

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.
    (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.

[[Page 211]]

    (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 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

[[Page 212]]

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:

      ``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

[[Page 213]]

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.''
    (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

[[Page 214]]

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 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.
70.12 Enforceable commitments for further actions addressing greenhouse
          gases (GHGs).

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.

[[Page 215]]

    (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.
    Affected unit shall have the meaning given to it in the regulations
promulgated under title IV of the Act.
    Alternative operating scenario (AOS) means a scenario authorized in
a part 70 permit that involves a change at the part 70 source for a
particular emissions unit, and that either results in the unit being
subject to one or more applicable requirements which differ from those
applicable to the emissions unit prior to implementation of the change
or renders inapplicable one or more requirements previously applicable
to the emissions unit prior to implementation of the change.
    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.
    Approved replicable methodology (ARM) means part 70 permit terms
that:
    (1) Specify a protocol which is consistent with and implements an
applicable requirement, or requirement of this part, such that the
protocol is

[[Page 216]]

based on sound scientific and/or mathematical principles and provides
reproducible results using the same inputs; and
    (2) Require the results of that protocol to be recorded and used for
assuring compliance with such applicable requirement, any other
applicable requirement implicated by implementation of the ARM, or
requirement of this part, including where an ARM is used for determining
applicability of a specific requirement to a particular change.
    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 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 subject to regulation
(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

[[Page 217]]

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 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

[[Page 218]]

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 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

[[Page 219]]

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.
    Subject to regulation means, for any air pollutant, that the
pollutant is subject to either a provision in the Clean Air Act, or a
nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the
quantity of emissions of that pollutant, and that such a control
requirement has taken effect and is operative to control, limit or
restrict the quantity of emissions of that pollutant released from the
regulated activity. Except that:
    (1) Greenhouse gases (GHGs), the air pollutant defined in Sec.
86.1818-12(a) of this chapter as the aggregate group of six greenhouse
gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride, shall not be subject to
regulation unless, as of July 1, 2011, the GHG emissions are at a
stationary source emitting or having the potential to emit 100,000 tpy
CO2 equivalent emissions.
    (2) The term tpy CO2 equivalent emissions (CO2e) shall represent an
amount of GHGs emitted, and shall be computed by multiplying the mass
amount of emissions (tpy), for each of the six greenhouse gases in the
pollutant GHGs, by the gas's associated global warming potential
published at Table A-1 to subpart A of part 98 of this chapter--Global
Warming Potentials, and summing the resultant value for each to compute
a tpy CO2e. For purposes of this paragraph, prior to July 21,
2014, the mass of the greenhouse gas carbon dioxide shall not include
carbon dioxide emissions resulting from the combustion or decomposition
of non-fossilized and biodegradable organic material originating from
plants, animals, or micro-organisms (including products, by-products,
residues and waste from agriculture, forestry and related industries as
well as the non-fossilized and biodegradable organic fractions of
industrial and municipal wastes, including gases and liquids recovered
from the decomposition of non-fossilized and biodegradable organic
material).
    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; 74 FR 51438, Oct.
6, 2009; 75 FR 31607, June 3, 2010; 76 FR 43507, July 20, 2011]

[[Page 220]]



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 221]]

    (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 222]]

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 223]]

    (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 224]]

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 225]]

    (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 226]]

    (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) Approval of AOSs. The program submittal must include provisions
to insure that AOSs requested by the source as approved by the
permitting authority are included in the part 70 permit pursuant to
Sec. 70.6(a)(9).
    (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 227]]

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 228]]

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; 74 FR 51438, Oct.
6, 2009]



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

[[Page 229]]

otherwise provided in Sec. 70.7(a)(4) of this 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 (SIC) Code) including those
associated with any proposed AOS 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. For emissions units subject to an annual emissions cap, tpy
can be reported as part of the aggregate emissions associated with the
cap, except where more specific information is needed, including where
necessary to determine and/or assure compliance with an applicable
requirement.

[[Page 230]]

    (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 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 proposed AOSs identified by the source
pursuant to Sec. 70.6(a)(9) of this part or to define permit terms and
conditions implementing any AOS under Sec. 70.6(a)(9) or implementing
Sec. 70.4(b)(12) or Sec. 70.6(a)(10) of this part. The permit
application shall include documentation demonstrating that the source
has obtained all authorization(s) required under the applicable
requirements relevant to any proposed AOSs, or a certification that the
source has submitted all relevant materials to the appropriate
permitting authority for obtaining such authorization(s).
    (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.
    (D) For applicable requirements associated with a proposed AOS, a
statement that the source will meet such requirements upon
implementation of the AOS. If a proposed AOS would implicate an
applicable requirement that will become effective during the permit
term, a statement that the source will meet such requirements on a
timely basis.
    (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

[[Page 231]]

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.
    (D) For applicable requirements associated with a proposed AOS, a
statement that the source will meet such requirements upon
implementation of the AOS. If a proposed AOS would implicate an
applicable requirement 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
will satisfy this provision, unless a more detailed schedule is
expressly required by the applicable requirement.
    (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:
    (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.

[57 FR 32295, July 21, 1992, as amended at 74 FR 51438, Oct. 6, 2009]



Sec. 70.6  Permit content.

    (a) Standard permit requirements. Each permit issued under this part
shall include the following elements:
    (1) Emissions limitations and standards, including those operational
requirements and limitations that assure compliance with all applicable
requirements at the time of permit issuance. Such requirements and
limitations may include ARMs identified by the source in its part 70
permit application as approved by the permitting authority, provided
that no ARM shall contravene any terms needed to comply with any
otherwise applicable requirement or requirement of this part or
circumvent any applicable requirement that would apply as a result of
implementing the ARM.
    (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.

[[Page 232]]

    (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 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

[[Page 233]]

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 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 AOSs 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 AOS 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 AOS; and
    (iii) Must ensure that the terms and conditions of each AOS meet all
applicable requirements and the requirements of this part. The
permitting authority shall not approve a proposed AOS into the part 70
permit until the source has obtained all authorizations required under
any applicable requirement relevant to that AOS.
    (10) Terms and conditions, if the permit applicant requests them,
for the trading of emissions increases and decreases in the permitted
facility, to the

[[Page 234]]

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;
    (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;

[[Page 235]]

    (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 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

[[Page 236]]

    (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:
    (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; 74 FR 51439, Oct. 6, 2009]



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;

[[Page 237]]

    (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.
    (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;

[[Page 238]]

    (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.
    (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

[[Page 239]]

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 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

[[Page 240]]

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 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

[[Page 241]]

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.
    (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

[[Page 242]]

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);
    (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

[[Page 243]]

    (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 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

[[Page 244]]

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, 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).

[[Page 245]]

    (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.
    (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

[[Page 246]]

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, 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;

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    (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.
    (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. 70.12  Enforceable commitments for further actions addressing
greenhouse gases (GHGs).

    (a) Definitions. (1) Greenhouse Gases (GHGs) means the air pollutant
as defined in Sec. 86.1818-12(a) of this chapter as the aggregate group
of six greenhouse gases: carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons,

[[Page 248]]

perfluorocarbons, and sulfur hexafluoride.
    (2) All other terms used in this section shall have the meaning
given in Sec. 70.2.
    (b) Further action to regulate GHGs under the title V program--(1)
Near term action on GHGs. The Administrator shall solicit comment, under
section 307(b) of the Act, on promulgating lower GHGs thresholds for
applicability under Sec. 70.2. Such action shall be finalized by July
1, 2012 and become effective July 1, 2013.
    (2) Further study and action on GHGs. (i) No later than April 30,
2015 the Administrator shall complete a study projecting the
administrative burdens that remain with respect to stationary sources
for which GHGs do not constitute a pollutant subject to regulation. Such
study shall account, among other things, for permitting authorities
ability to secure resources, hire and train staff; experiences
associated with GHG permitting for new types of sources and
technologies; and, the success of streamlining measures developed by EPA
(and adopted by the states) for reducing the permitting burden
associated with such stationary sources.
    (ii) Based on the results of the study described in paragraph
(b)(2)(i) of this section, the Administrator shall propose a rule
addressing the permitting obligations of such stationary sources under
Sec. 70.2. The Administrator shall take final action on such a rule no
later than April 30, 2016.
    (iii) Before completing the rule described in paragraph (b)(2)(ii)
of this section, the Administrator shall take no action to make the
pollutant GHGs subject to regulation at stationary sources that emit or
have the potential to emit less than 50,000 tpy CO2e (as
determined using the methodology described in Sec. 70.2.)

[75 FR 31607, June 3, 2010]



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.
    (d) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

[[Page 249]]

                                 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)

                                 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

[[Page 250]]

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:
    (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.

[[Page 251]]

    (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.
    (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.
    (5) Revisions were submitted on November 7, 2011. Approval became
effective on October 5, 2012.
    (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.

[[Page 252]]

    (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.
    (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.
    (5) Revisions were submitted on August 19, 2011. Approval became
effective on October 5, 2012.
    (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

[[Page 253]]

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.
    (5) Revisions were submitted on April 21, 2011. Approval became
effective on October 5, 2012.
    (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.
    (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.
    (5) Revisions were submitted on November 5, 2010. Approval became
effective on October 5, 2012.
    (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.
    (5) Revisions were submitted on August 19, 2011. Approval became
effective on October 5, 2012.
    (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.

[[Page 254]]

    (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.
    (jj) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                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.
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                               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.
    (d) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                 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,

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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.
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                 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.
    (d) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                  Idaho

    (a) Idaho Division of Environmental Quality: submitted on January
20, 1995, and supplemented on July 14, 1995, September 15, 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.
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                 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.

[[Page 256]]

                                  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.
    (k) The Iowa Department of Natural Resources submitted for program
approval rules 567-22.100, 567-22.105(1)``a'', except subparagraph (9);
new subrules 567-22.105(5) and 567-22.106(8); 567-22.110, and 567-22.116
on November 18, 2008. The state effective dates were October 15, 2008.
These revisions to the Iowa program are approved effective March 1,
2010.
    (l) The Iowa Department of Natural Resources submitted for program
approval a revision to rule 567-22.106(1) on February 20, 2009. The
State effective date was February 4, 2009. This revision to the Iowa
program is approved effective April 30, 2010.
    (m) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.
    (n) The Iowa Department of Natural Resources submitted for program
approval a revision to 567-22.105(1) on January 11, 2010. The State
effective date was November 11, 2009. These revisions to the Iowa
program, are approved effective December 24, 2013.
    (o) The Iowa Department of Natural Resources submitted for program
approval revisions to 567-22.100(455B) to adopt by reference the
definition of ``EPA reference method''. Also adopted by reference is the
revised version of the Title V ``Periodic Monitoring Guidance'' at 567-
22.108. These revisions to the Iowa program are approved effective March
17, 2014.

                                 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

[[Page 257]]

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.
    (e) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.
    (f) The Kansas Department of Health and Environment submitted
revisions to Kansas Administrative Record (KAR) 28-19-202 and 28-19-517
on April 15, 2011; approval of section (c) effective March 28, 2014.

                                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]
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                  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]
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                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.
    (d) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

[[Page 258]]

                              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)

                                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]
    (d) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                               Mississippi

    (a) Department of Environmental Quality: submitted on November 15,
1993; full approval effective on January 27, 1995.
    (b) [Reserved]
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                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

[[Page 259]]

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.
    (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.
    (x) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.
    (y) 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 30, 2008; approval
of section (3)(D) effective March 25, 2011.
    (z) 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 August 31, 2010; approval of
section (3)(A) effective February 13, 2012.
    (aa) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common
Reference Tables'' on December 15, 2010. The state effective date is
December 30, 2010. This revision is effective June 3, 2013.
    (bb) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common
Reference Tables'' on February 11, 2013. The state effective date is
February 28, 2013. This revision is effective May 16, 2014.

                                 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,

[[Page 260]]

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.
    (j) The Nebraska Department of Environmental Quality approved a
revision to NDEQ Title 129, Chapter 1 on June 2, 2005, which became
effective September 25, 2005. This revision was submitted on May 27,
2009. We are approving this program revision effective October 12, 2010.
    (k) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                 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.
    (d) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                              New Hampshire

    (a) Department of Environmental Services: submitted on October 26,
1995; interim approval effective on December 1, 2001.
    (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.
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources

[[Page 261]]

for purposes of title V, EPA approves such provisions only to the extent
they require permits for such sources where the source emits or has the
potential to emit at least 100,000 tpy CO2e, as well as 100
tpy on a mass basis, as of July 1, 2011.

                               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.
    (e) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                             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

[[Page 262]]

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, 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.
    (d) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                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.
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                 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;

[[Page 263]]

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.
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                               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]
    (c) The Puerto Rico Environmental Quality Board submitted a revision
to its operating permits program on July 13, 2011. The revision includes
a change to the Puerto Regulations for the Control of Atmospheric
Pollution, Rule 609(g), ``Confidential Information,'' effective on
February 18, 2011. The reference to Puerto Rico's Environmental Public
Policy Act, Law No. 9 of June 18, 1970, is replaced with Law 416 of
September 22, 2004.

                              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.
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                             South Carolina

    (a) Department of Health and Environmental Control: submitted on
November 12, 1993; full approval effective on July 26, 1995.
    (b) [Reserved]
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                              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]
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

    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.

                        Southern Ute Indian Tribe

    (a) The Southern Ute Indian Tribe submitted an operating permits
program on January 20, 2009 with supplements on September 28, 2010 and
January 30, 2012; full approval effective on March 2, 2012.
    (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,

[[Page 264]]

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.
    (f) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                  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
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]
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                 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]
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such

[[Page 265]]

provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                             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)
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                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.
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

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

[[Page 266]]

    (j) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                              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.
    (f) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                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]
    (c) For any permitting program located in the State, insofar as the
permitting threshold provisions concern the treatment of sources of GHG
emissions as major sources for purposes of title V, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2e, as well as 100 tpy on a mass basis, as of July 1, 2011.

                                 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 at www.fdsys.gov.

    Effective Date Note: At 79 FR 27493, Mayr 14, 2014, appendix A to
part 70 was amended by adding paragraph (p) under ``Iowa'', effective
July 14, 2014. For the convenience of the user, the added text is set
forth as follows:



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

                                * * * * *

                                  Iowa

                                * * * * *

    (p) The Iowa Department of Natural Resources submitted for program
approval revisions to 567-22.103(455B) revised insignificant activities
which must be included in Title V

[[Page 267]]

Operating permit applications. These revisions to the Iowa program are
approved effective July 14, 2014.

                                * * * * *



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.
71.13 Enforceable commitments for further actions addressing greenhouse
          gases (GHGs).

             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.



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

[[Page 268]]

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.
    Alternative operating scenario (AOS) means a scenario authorized in
a part 71 permit that involves a change at the part 71 source for a
particular emissions unit, and that either results in the unit being
subject to one or more applicable requirements which differ from those
applicable to the emissions unit prior to implementation of the change
or renders inapplicable one or more requirements previously applicable
to the emissions unit prior to implementation of the change.
    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;
    (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.
    Approved replicable methodology (ARM) means part 71 permit terms
that:
    (1) Specify a protocol which is consistent with and implements an
applicable requirement, or requirement of this part, such that the
protocol is based on sound scientific and/or mathematical principles and
provides reproducible results using the same inputs; and
    (2) Require the results of that protocol to be recorded and used for
assuring compliance with such applicable requirement, any other
applicable requirement implicated by implementation of the ARM, or
requirement of this part, including where an ARM is used for determining
applicability of a specific requirement to a particular change.
    Delegate agency means the State air pollution control agency, local
agency, other State agency, Tribal agency, or

[[Page 269]]

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 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

[[Page 270]]

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 subject to regulation
(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 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

[[Page 271]]

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 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

[[Page 272]]

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.
    Subject to regulation means, for any air pollutant, that the
pollutant is subject to either a provision in the Clean Air Act, or a
nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the
quantity of emissions of that pollutant, and that such a control
requirement has taken effect and is operative to control, limit or
restrict the quantity of emissions of that pollutant released from the
regulated activity. Except that:
    (1) Greenhouse gases (GHGs), the air pollutant defined in Sec.
86.1818-12(a) of this chapter as the aggregate group of six greenhouse
gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride, shall not be subject to
regulation unless, as of July 1, 2011, the GHG emissions are at a
stationary source emitting or having the potential to emit 100,000 tpy
CO2 equivalent emissions.
    (2) The term tpy CO2 equivalent emissions (CO2e) shall
represent an amount of GHGs emitted, and shall be computed by
multiplying the mass amount of emissions (tpy), for each of the six
greenhouse gases in the pollutant GHGs, by the gas's associated global
warming potential published at Table A-1 to subpart A of part 98 of this
chapter--Global Warming Potentials, and summing the resultant value for
each to compute a tpy CO2e. For purposes of this paragraph,
prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide
shall not include carbon dioxide emissions resulting from the combustion
or decomposition of non-fossilized and biodegradable organic material
originating from plants, animals, or micro-organisms (including
products, by-products, residues and waste from agriculture, forestry and
related industries as well as the non-fossilized and biodegradable
organic fractions of

[[Page 273]]

industrial and municipal wastes, including gases and liquids recovered
from the decomposition of non-fossilized and biodegradable organic
material).

[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; 74 FR 51439, Oct. 6,
2009; 75 FR 31608, June 3, 2010; 76 FR 43507, July 20, 2011]



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;
    (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.

[[Page 274]]

    (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:
    (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

[[Page 275]]

    (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 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.

[[Page 276]]

    (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 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

[[Page 277]]

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 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

[[Page 278]]

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 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 SIC
Code) including those associated with any proposed AOS 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. For emissions units subject to an annual emissions cap, tpy
can be reported as part of the aggregate emissions associated with the
cap, except where more specific information is needed, including where
necessary to determine and/or assure compliance with an applicable
requirement.
    (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

[[Page 279]]

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 proposed AOSs identified by the source
pursuant to Sec. 71.6(a)(9) or to define permit terms and conditions
implementing any AOS under Sec. 71.6(a)(9) or implementing Sec.
71.6(a)(10) or Sec. 71.6(a)(13). The permit application shall include
documentation demonstrating that the source has obtained all
authorization(s) required under the applicable requirements relevant to
any proposed AOSs, or a certification that the source has submitted all
relevant materials to the appropriate permitting authority for obtaining
such authorization(s).
    (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.
    (D) For applicable requirements associated with a proposed AOS, a
statement that the source will meet such requirements upon
implementation of the AOS. If a proposed AOS would implicate an
applicable requirement that will become effective during the permit
term, a statement that the source will meet such requirements on a
timely basis.
    (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.
    (D) For applicable requirements associated with a proposed AOS, a
statement that the source will meet such requirements upon
implementation of the AOS. If a proposed AOS would implicate an
applicable requirement 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

[[Page 280]]

meet in a timely manner applicable requirements that become effective
during the permit term will satisfy this provision, unless a more
detailed schedule is expressly required by the applicable requirement.
    (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 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

[[Page 281]]

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.

[61 FR 34228, July 1, 1996, as amended at 74 FR 51439, Oct. 6, 2009]



Sec. 71.6  Permit content.

    (a) Standard permit requirements. Each permit issued under this part
shall include the following elements:
    (1) Emissions limitations and standards, including those operational
requirements and limitations that assure compliance with all applicable
requirements at the time of permit issuance. Such requirements and
limitations may include ARMs identified by the source in its part 71
permit application as approved by the permitting authority, provided
that no ARM shall contravene any terms needed to comply with any
otherwise applicable requirement or requirement of this part or
circumvent any applicable requirement that would apply as a result of
implementing the ARM.
    (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 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

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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 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,

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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 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 AOSs 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 AOS 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 AOS; and

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    (iii) Must ensure that the terms and conditions of each AOS meet all
applicable requirements and the requirements of this part. The
permitting authority shall not approve a proposed AOS into the part 71
permit until the source has obtained all authorizations required under
any applicable requirement relevant to that AOS.
    (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 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).

[[Page 285]]

    (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 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;

[[Page 286]]

    (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
    (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

[[Page 287]]

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 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

[[Page 288]]

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; 74 FR 51440, Oct. 6, 2009]



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 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

[[Page 289]]

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
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

[[Page 290]]

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:
    (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

[[Page 291]]

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 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

[[Page 292]]

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 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

[[Page 293]]

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 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:

[[Page 294]]

    (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 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:

[[Page 295]]

    (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 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

[[Page 296]]

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 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.

[[Page 297]]

    (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. 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

[[Page 298]]

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 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

[[Page 299]]

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]



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

[[Page 300]]

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.
    (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

[[Page 301]]

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 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

[[Page 302]]

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 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

[[Page 303]]

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
    (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;

[[Page 304]]

    (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.
    (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;

[[Page 305]]

    (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 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.



Sec. 71.13  Enforceable commitments for further actions addressing
greenhouse gases (GHGs).

    (a) Definitions--(1) Greenhouse Gases (GHGs) means the air pollutant
as defined in Sec. 86.1818-12(a) of this chapter as the aggregate group
of six greenhouse

[[Page 306]]

gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
    (2) All other terms used in this section shall have the meaning
given in Sec. 71.2.
    (b) Further action to regulate GHGs under the title V program--(1)
Near term action on GHGs. The Administrator shall solicit comment, under
section 307(b) of the Act, on promulgating lower GHGs thresholds for
applicability under Sec. 71.2. Such action shall be finalized by July
1, 2012 and become effective July 1, 2013.
    (2) Further study and action on GHGs. (i) No later than April 30,
2015, the Administrator shall complete a study projecting the
administrative burdens that remain with respect to stationary sources
for which GHGs do not constitute a pollutant subject to regulation. Such
study shall account, among other things, for permitting authorities
ability to secure resources, hire and train staff; experiences
associated with GHG permitting for new types of sources and
technologies; and, the success of streamlining measures developed by EPA
(and adopted by the states) for reducing the permitting burden
associated with such stationary sources.
    (ii) Based on the results of the study described in paragraph
(b)(2)(i) of this section, the Administrator shall propose a rule
addressing the permitting obligations of such stationary sources under
Sec. 71.2. The Administrator shall take final action on such a rule no
later than April 30, 2016.
    (iii) Before completing the rule described in paragraph (b)(2)(ii)
of this section, the Administrator shall take no action to make the
pollutant GHGs subject to regulation at stationary sources that emit or
have the potential to emit less than 50,000 tpy CO2e, (as
determined using the methodology described in Sec. 71.2.)

[75 FR 31608, June 3, 2010]



             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

[[Page 307]]

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 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

[[Page 308]]

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
    (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

[[Page 309]]

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 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

[[Page 310]]

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 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

[[Page 311]]

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 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

[[Page 312]]

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 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);

[[Page 313]]

    (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.
    (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

[[Page 314]]

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 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

[[Page 315]]

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 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

[[Page 316]]

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 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

[[Page 317]]

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 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;

[[Page 318]]

    (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
    (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

[[Page 319]]

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.
    (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.

[[Page 320]]

    (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 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

[[Page 321]]

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.
    (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

[[Page 322]]

    (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 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 323]]



                              FINDING AIDS




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

  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 325]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2014)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        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 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      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 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      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)

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       XXX  Department of Homeland Security (Parts 3000--3099)
      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)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   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)

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    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        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)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         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)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      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)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)

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    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
     XCVII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--99)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         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)

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      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)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and 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)

                    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)

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        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 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--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)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      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)

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               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--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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)

[[Page 332]]

                    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)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. 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  U.S. 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  Office of Workers' Compensation Programs, 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)

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                       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)
         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  Millennium 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)

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        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, 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)
      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)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099)
       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)

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        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--End)

           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)
       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)

[[Page 336]]

      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  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)

[[Page 337]]

         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)
        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 Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  National Institute for Literacy (Parts 1100--1199)
       XII  National Council on Disability (Parts 1200--1299)

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                          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)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       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)

[[Page 339]]

       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 A--Federal Procurement Regulations System 
                [Note]
            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)
   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)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       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)
  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--599)

[[Page 340]]

         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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             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)

                       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)
         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)

[[Page 341]]

       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)
        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)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           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  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)

[[Page 342]]

        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 (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (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)

[[Page 343]]

         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 (Parts 1400--1499) 
                [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)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 345]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2014)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     22, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, 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
  National Institute of Food and Agriculture      7, XXXIV
  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

[[Page 346]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
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
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
Bureau of Ocean Energy Management, Regulation,    30, II
     and Enforcement
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  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
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       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 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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, 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    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I

[[Page 347]]

Defense Contract Audit Agency                     32, I
Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  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
  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          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 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                    2, LVIII; 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                             2, IX; 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                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 348]]

  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                       5, XXXVII; 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                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
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

[[Page 349]]

Forest Service                                    36, II
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                  2, XXX; 6, I; 8, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  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 Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V

[[Page 350]]

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, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Bureau of Ocean Energy Management, Regulation,  30, II
       and Enforcement
  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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  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 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, XXVIII; 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
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI

[[Page 351]]

  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
  Office of Workers' Compensation Programs        20, VII
  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 Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
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   2, XXII; 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              5, LXXXVI; 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; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Food and Agriculture        7, XXXIV
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
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 352]]

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, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
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                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Offices of Independent Counsel                    28, VI
Office of Workers' Compensation Programs          20, VII
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                                       2, XXXVII; 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, 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
Privacy and Civil Liberties Oversight Board       6, X
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
Recovery Accountability and Transparency Board    4, II
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

[[Page 353]]

Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 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 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
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; 47, IV; 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                   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
  Financial Crimes Enforcement Network            31, X
  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
U.S. Copyright Office                             37, II

[[Page 354]]

Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
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 355]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2009 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2009

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
70.2 Amended.......................................................51438
70.4 (d)(3)(xi) revised............................................51438
70.5 (c)(2), (3)(iii) and (7) revised; (c)(8)(ii)(D) and (iii)(D) 
        added......................................................51438
70.6 (a)(1) introductory text and (9) revised......................51439
70 Appendix A amended.......................................17089, 68696
71.2 Amended.......................................................51439
71.5 (c)(2), (3)(iii) and (7) revised; (c)(8)(ii)(D) and (iii)(D) 
        added......................................................51439
71.6 (a)(1) introductory text and (9) revised......................51440

                                  2010

40 CFR
                                                                   75 FR
                                                                    Page
Chapter I
65.14 (a) amended; (b)(3), (5), (11) and (28) revised..............69352
70 Policy statement................................................17004
70.2 Amended; eff. 8-2-10..........................................31607
70.12 Added; eff. 8-2-10...........................................31607
70 Appendix A amended.................................9107, 48585, 82267
71 Policy statement................................................17004
71.2 Amended; eff. 8-2-10..........................................31608
71.13 Added; eff. 8-2-10...........................................31608

                                  2011

40 CFR
                                                                   76 FR
                                                                    Page
Chapter I
65.14 (a) amended..................................................49673
70.2 Amended.......................................................43507
70 Appendix A amended........................................4078, 77703
71.2 Amended.......................................................43507

                                  2012

40 CFR
                                                                   77 FR
                                                                    Page
Chapter I
70 Appendix A amended.........................11750, 15273, 16679, 54383
    Regulation at 77 FR 16679 withdrawn............................31499

                                  2013

40 CFR
                                                                   78 FR
                                                                    Page
Chapter I
65.14 (a) amended..................................................37977
70 Appendix A amended.......................................19605, 63892

                                  2014

   (Regulations published from January 1, 2014, through July 1, 2014)

40 CFR
                                                                   79 FR
                                                                    Page
Chapter I
69.31 Added........................................................22035

[[Page 356]]

70 Appendix A amended..................................2789, 4276, 14616
    Appendix A amended; eff. 7-14-14...............................27493


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