[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5312]


[[Page Unknown]]

[Federal Register: March 16, 1994]


_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 60 et al.




National Emission Standards for Hazardous Air Pollutants for Source 
Categories: General Provisions; Final Rule
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[FRL-4846-7]
RIN 2060-AC98

 
National Emission Standards for Hazardous Air Pollutants for 
Source Categories: General Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On August 11, 1993, the EPA proposed General Provisions for 
national emission standards for hazardous air pollutants (NESHAP) and 
other regulatory requirements pursuant to section 112 of the Clean Air 
Act as amended in 1990 (the Act). This action announces the EPA's final 
decisions on the General Provisions.
    The General Provisions, located in subpart A of part 63, codify 
general procedures and criteria to implement emission standards for 
stationary sources that emit (or have the potential to emit) one or 
more of the 189 substances listed as hazardous air pollutants (HAP) in 
or pursuant to section 112(b) of the Act. Standards for individual 
source categories are being developed separately, and they will be 
codified in other subparts of part 63. When sources become subject to 
standards established for individual source categories in other 
subparts of part 63, these sources also must comply with the 
requirements of the General Provisions, except when specific General 
Provisions are overridden by the standards.
    This action also amends subpart A of parts 60 and 61 to bring them 
up to date with the amended Act and, where appropriate, to make them 
consistent with requirements in subpart A of part 63.

DATES: Effective Date. March 16, 1994.
    Judicial Review. Under section 307(b)(1) of the Act, judicial 
review of NESHAP is available only by filing a petition for review in 
the U. S. Court of Appeals for the District of Columbia Circuit within 
60 days of today's publication of this final rule. Under section 
307(b)(2) of the Act, the requirements that are the subject of today's 
notice may not be challenged later in civil or criminal proceedings 
brought by the EPA to enforce these requirements.
    Incorporation by Reference: The incorporation by reference of 
certain publications in these General Provisions is approved by the 
Director of the Office of the Federal Register as of March 16, 1994.

ADDRESSES: Docket. Docket No. A-91-09, containing information 
considered by the EPA in developing the promulgated General Provisions, 
is available for public inspection and copying between 8 a.m. and 4 
p.m., Monday through Friday, including all non-Government holidays, at 
the EPA's Air and Radiation Docket and Information Center, room M1500, 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460; telephone (202) 260-7548. A reasonable fee may be charged for 
copying.
    Background Information Document. A background information document 
(BID) for the promulgated General Provisions may be obtained from the 
National Technical Information Services, 5285 Port Royal Road, 
Springfield, Virginia 22161; telephone (703) 487-4650. Please refer to 
``General Provisions for 40 CFR Part 63, Background Information for 
Promulgated Regulation'' (EPA-450/3-91-019b). The BID contains: (1) a 
summary of the public comments made on the proposed General Provisions 
and responses to the comments and (2) a summary of the changes made to 
the General Provisions as a result of the Agency's responses to 
comments that are not addressed in this Federal Register notice.

FOR FURTHER INFORMATION CONTACT: Ms. Shirley Tabler, Standards 
Development Branch, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone (919) 541-5256.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:


I. Background
II. Summary of Major Changes Since Proposal
III. Public Participation
IV. Significant Comments and Changes to the Proposed General 
Provisions
    A. Applicability Determinations
    B. Potential to Emit
    C. Relationship of General Provisions to Other Clean Air Act 
Requirements
    D. Monitoring and Performance Testing Requirements
    E. Construction and Reconstruction
    F. Operation and Maintenance Requirements: Startup, Shutdown, 
and Malfunction Plans
    G. Recordkeeping and Reporting Requirements
V. Administrative Requirements

I. Background

    Section 301 of title III of the Clean Air Act Amendments of 1990, 
Public Law 101-549, enacted on November 15, 1990, substantially amended 
section 112 of the Act regarding promulgation of NESHAP. These NESHAP 
are to be established for categories of stationary sources that emit 
one or more of the 189 HAP listed in or pursuant to section 112(b). 
Each standard established for a source category will be codified in a 
subpart (or multiple subparts) of part 63. In order to eliminate the 
repetition of general information and requirements within these 
subparts, General Provisions that are applicable to all sources 
regulated by subsequent standards in part 63 have been developed. The 
General Provisions have the legal force and effect of standards, and 
they may be enforced independently of relevant standards, if 
appropriate.
    The General Provisions codify procedures and criteria that will be 
used to implement all NESHAP promulgated under the Act as amended 
November 15, 1990. The provisions include administrative procedures 
related to applicability determinations (including new versus existing 
and area versus major sources), compliance extensions, and requests to 
use alternative means of compliance. In addition, general requirements 
related to compliance-related activities outline the responsibilities 
of owners and operators to comply with relevant emission standards and 
other requirements. The compliance-related provisions include 
requirements for compliance dates, operation and maintenance 
requirements, methods for determining compliance with standards, 
procedures for performance testing and monitoring, and reporting and 
recordkeeping requirements. Finally, the EPA is promulgating amendments 
to the General Provisions for parts 60 and 61 to address new statutory 
requirements and, where appropriate, to make portions of these existing 
regulations consistent with the part 63 General Provisions.
    Owners or operators who are subject to a subpart promulgated for a 
specific source category under sections 112(d), 112(f), or 112(h) of 
the Act are also subject to the requirements of the General Provisions. 
The General Provisions also will be incorporated, as appropriate, into 
requirements established under other section 112 authorities (e.g., the 
early reduction program and case-by-case control technology 
determinations). Nevertheless, in the development of a part 63 emission 
standard applicable to a specific source category, the EPA may 
determine that it is appropriate that the subpart contain provisions 
that override one or more requirements of the General Provisions. When 
this occurs, the EPA will describe in the subpart exactly which 
requirements of the General Provisions are applicable to the specific 
source category and which requirements have been overridden. If there 
is a conflict between a specific requirement in the General Provisions 
and a specific requirement of another subpart in part 63, the specific 
requirement of the subpart will supersede the General Provisions.

II. Summary of Major Changes Since Proposal

    In response to comments received on the proposed General 
Provisions, numerous changes have been made in the final rule. A 
significant number of these are clarifying changes, designed to make 
the Agency's intent clearer as requested by commenters. In addition, 
many changes have been made in the final rule wherever reasonable to 
reduce the paperwork burden on sources affected by part 63 NESHAP and 
on State agencies that will implement part 63 NESHAP once they have 
been delegated the authority to do so.
    Substantive changes made since proposal which have a broad impact 
on the regulated community that will be subject to the General 
Provisions are summarized in this section of the preamble. These, and 
other substantive changes made since proposal, are described in more 
detail in the following sections. The Agency's responses to public 
comments that are not addressed in this preamble and a summary of 
resulting changes in the final rule are contained in the BID for this 
final rulemaking (see ADDRESSES section of this notice).
    Many comments were received on the timing and content of 
notifications and other reports required by the General Provisions and 
on recordkeeping requirements. Comments from owners or operators of 
facilities potentially subject to part 63 standards (and the General 
Provisions) generally asked for more time to prepare submittals than 
allowed in the proposed rule and for a reduction in the amount of 
information that must be recorded or submitted. State and local 
agencies that will be implementing the rule expressed concern about the 
timing and volume of information that would be submitted to them and 
about their ability to respond to these submittals. These agencies also 
requested flexibility in implementing requirements of the General 
Provisions.
    The Agency made significant changes in the final rule from the 
proposed rule in response to these comments. These changes 
significantly reduce the burden on owners and operators but also 
recognize the need that enforcement agencies have for timely and 
adequate information to assess compliance with emission standards and 
other requirements established under section 112 of the Act. These 
significant changes are discussed below.

Initial Notification

    Under Sec. 63.9(b) of the General Provisions, when a relevant part 
63 standard is promulgated for a source category, owners or operators 
of sources that are subject to the standard must submit a notification. 
In the final rule, the time period allowed for submission of the 
initial notification has been extended from 45 days to 120 days. Also, 
the information required to be submitted with the initial notification 
has been reduced greatly.

Requests for Compliance Extensions

    Changes were made from proposal to Sec. 63.6(i), which deals with 
compliance extension requests, to increase the allowable times for 
Agency review and for owners or operators to provide additional 
information. The EPA also added provisions to the final rule, pursuant 
to section 112(i)(6) of the Act, that establish procedures for a source 
to request a compliance extension if that source has installed best 
available control technology (BACT) or technology to meet a lowest 
achievable emission rate (LAER).

Excess Emission Reports

    A major change was made in the recordkeeping and reporting 
requirements concerning the need for, and frequency of, quarterly 
excess emissions reports. In the proposed rule, if continuous 
monitoring systems (CMS) data were to be used for direct compliance 
determinations, a quarterly report on excess emissions or parameter 
monitoring exceedances was required in Sec. 63.10(e)(3), even if there 
were no occurrences of excess emissions or exceedances during that 
reporting period (``negative reporting''). In the final rule, as long 
as there are no occurrences of excess emissions or parameter monitoring 
exceedances, semiannual reporting is sufficient. In addition, the 
procedures for an affected source to reduce the frequency of required 
reports have been clarified in the final rule.

Performance Tests and Performance Evaluations

    The performance test deadline specified under Sec. 63.7(a)(2) was 
extended from 120 days to 180 days after a source's compliance date. 
Similarly, the Sec. 63.7(b) requirement to provide notice of the date 
of the performance test was reduced from 75 days to 60 days before the 
test. Observation of the test by the EPA (or the delegated State 
agency) is intended to be optional, and this section was revised to 
clarify this point. A similar change was made to Sec. 63.8(e)(2), 
notice of performance evaluation (for CMS), to allow a 60-day 
notification period rather than a 75-day period. Also, Sec. 63.7(g) was 
revised to allow sources 60 days, instead of 45 days, to submit the 
required performance test results to the enforcing agency.
    A major comment related to performance tests concerned the proposed 
requirement that sources submit site-specific performance test plans to 
the Administrator for review and approval before a required performance 
test is conducted. This requirement has been changed in the final rule 
such that the test plan must be developed and made available for 
review, but it does not need to be submitted for approval prior to a 
required performance test unless it is requested by the EPA or 
delegated State agency. A similar change has been made in the final 
rule regarding the development and submittal of site-specific 
performance evaluation test plans under Sec. 63.8(d).
    Some commenters expressed confusion regarding the distinction 
between performance tests and performance evaluations, and the EPA has 
added definitions of ``performance test'' and ``performance 
evaluation'' to the final rule to respond to this confusion. In 
addition, the Agency has defined the phrase ``representative 
performance'' in the final rule for the purpose of clarifying the 
conditions for conducting performance tests.
    Finally, the EPA clarified the situation when a final standard is 
more stringent than a proposed standard and when a source would be 
allowed to (1) conduct an initial performance test to demonstrate 
compliance with the proposed standard and a second test to demonstrate 
compliance with the final standard or (2) conduct an initial 
performance test to demonstrate compliance with the final standard.

Startup, Shutdown, and Malfunction Plan

    Commenters generally objected to the level of detail they perceived 
to be required in the startup, shutdown, and malfunction plan 
(Sec. 63.6(e)). The intent and purpose of the plan is explained further 
in section IV.F.1 of this preamble and clarifying changes have been 
made in the rule. Specifically, the rule has been revised to delete the 
requirement for ``step-by-step'' procedures. Numerous comments were 
received relating to the timing and circumstances of reports of 
deviations from a source's plan. In response to the commenters' 
concerns, the EPA has revised the rule to require reporting of actions 
that are ``not consistent'' (rather than ``not completely consistent'') 
with the plan. The Agency also has increased the time period for 
sources to provide ``immediate'' reports of these actions from 24 hours 
to 2 working days. The follow-up report is required within 7 working 
days.

Other Changes to Reporting and Recordkeeping Requirements

    The final rule includes provisions for EPA Regional Offices to 
waive the duplicate submittal of notifications and reports at their 
discretion. Also, the requirements relating to negotiated schedules 
(i.e., ``mutual agreement provisions'') were revised from proposal to 
more clearly reflect implementing agencies' prerogatives to comply with 
the schedules outlined in the General Provisions. Finally, a 
recordkeeping requirement has been added (in Sec. 63.10(b)(3)) for 
owners and operators of area sources to maintain a record of the 
determination of their area source status when this determination is 
necessary to demonstrate that a relevant standard for major sources 
does not apply to them.
    There were also significant changes in other areas of the rule from 
proposal. These are summarized below.

Monitoring

    Several comments concerned the relevance and applicability of the 
part 63 monitoring provisions to related monitoring provisions 
contained in other parts (e.g., parts 60, 61, 64, and 70), as well as 
the relationship between monitoring provisions in the General 
Provisions and those in other subparts of part 63. The EPA has provided 
additional clarification and made changes to specific provisions as a 
result of these comments.

Repair Period for Continuous Monitoring Systems (CMS)

    The Agency also received many comments on the proposed 7-day repair 
period for CMS. After consideration of these comments, the EPA revised 
Sec. 63.8(c)(1) of the rule to distinguish between routine and 
nonroutine CMS malfunctions. The final rule requires the immediate 
repair of ``routine'' CMS failures. In addition, the owner or operator 
will be required to identify these routine malfunctions in the source's 
startup, shutdown, and malfunction plan. Nonroutine failures of the CMS 
must be reported and repaired within 2 weeks after commencing actions 
inconsistent with the plan unless circumstances beyond the owner or 
operator's control prevent the timely repair or replacement of the CMS.

Construction and Reconstruction

    Many comments were received regarding the administrative procedures 
for reviewing and approving plans for construction or reconstruction, 
and several changes were made to the rule in response to these 
comments. At the request of State and local agencies, the EPA has 
deleted the provision in Sec. 63.5(c) that allowed an owner or operator 
to request that the implementing agency prereview construction or 
reconstruction plans. In addition, the final rule has been revised to 
allow owners and operators of new or reconstructed major affected 
sources greater discretion in the timing of submitting applications for 
approval of construction or reconstruction. The final rule requires 
that these applications be submitted ``as soon as practicable'' before 
the construction or reconstruction is planned to commence, rather than 
180 days in advance, as was proposed. The Agency also revised the 
definition of reconstruction and the ensuing requirements for a 
reconstructed source to clarify their applicability. The Agency 
received several comments regarding reconstruction determinations, 
especially where a source has installed control devices to meet 
emission standards established for existing sources. In response, the 
Agency has explained its policy on these issues and clarified that it 
is not the Agency's intent to penalize sources that make changes to 
comply with existing source maximum achievable control technology 
(MACT) requirements by subjecting them to new source MACT requirements 
to which they otherwise would not be subject.

Applicability

    The rule has been revised in several places to clarify the 
applicability of the General Provisions. Revisions were made to 
Sec. 63.1 of the rule to clarify that a source that is subject to any 
part 63 standard or requirement is also subject to the requirements of 
the General Provisions unless otherwise specified in the General 
Provisions or the relevant standard. Provisions have been added to 
address two situations related to major and area source determinations. 
As noted earlier, the Agency added a recordkeeping requirement in the 
final rule to require sources that determine they are not subject to a 
relevant standard to keep a record of their applicability 
determination. The EPA also added provisions in the final rule to 
address compliance dates for unaffected area sources that increase 
their emissions such that they become major sources that are subject to 
part 63 NESHAP.

Separate Rulemaking on Potential to Emit

    Under section 112, the determination of whether a facility is a 
major source or an area source is made on the basis of the facility's 
``potential to emit'' HAP, ``considering controls.'' This is an 
important determination, because different requirements may be 
established in a part 63 standard for major and area sources, and area 
sources in a source category may not be regulated by some standards. 
The EPA's intended policy for implementing ``potential to emit 
considering controls'' was reflected in the definition proposed in 
Sec. 63.2 of the General Provisions for the term ``potential to emit.'' 
The proposed definition included the requirement that, for a physical 
or operational limitation on HAP emissions (including air pollution 
control devices) to be considered to limit a source's potential to emit 
for the purposes of part 63, the limitation or the effect it would have 
on emissions must be federally enforceable. A definition of ``federally 
enforceable'' was also proposed.
    Many comments were received on the topic of potential to emit. As 
discussed later in this preamble, consistent with past Agency policies 
on potential to emit, the EPA has retained in today's final rule the 
same definition of potential to emit that was proposed. However, 
substantive issues were raised by commenters on the mechanisms and 
timeframe available for establishing the Federal enforceability of 
potential to emit limitations that went beyond the scope of issues 
addressed in the August 11, 1993 proposed rulemaking for the General 
Provisions.
    Because of this, and because of the importance of potential to emit 
to determining the applicability of part 63 standards and other 
requirements, the Agency is planning to propose a separate rulemaking 
to address several specific potential to emit issues. This separate 
notice of proposed rulemaking, which will appear in the near future in 
the Federal Register, would amend the General Provisions to provide 
mechanisms for validating limits on sources' potential to emit HAP 
until permanent mechanisms for creating HAP potential to emit limits 
are in place in States. In addition, this separate rulemaking would 
specify deadlines by which major sources of HAP would be required to 
establish the Federal enforceability of limitations on their potential 
to emit in order to avoid compliance with otherwise applicable emission 
standards or other requirements established in or under part 63.
    The EPA will take final action on this separate proposal after 
receiving and considering public comments. Until the Agency takes final 
action on the proposal, any determination of potential to emit made to 
determine a facility's applicability status under a relevant part 63 
standard should be made according to requirements set forth in the 
relevant standard and in the General Provisions promulgated today.

Cross Referencing in the Rule

    Cross-references to other parts (e.g., regulations in part 71 
establishing a Federal operating permit program) or subparts (e.g., 
subpart C, the list of hazardous air pollutants) were included in the 
proposed General Provisions as a convenience to inform readers where 
they may locate other general information. At present, no rules have 
been proposed or promulgated in either subpart C or in part 71. 
Consequently, these cross-references have been removed from the General 
Provisions.

III. Public Participation

    Prior to proposal of the General Provisions, interested parties 
were advised by public notice in the Federal Register (56 FR 54576, 
October 22, 1991) of a meeting of the National Air Pollution Control 
Techniques Advisory Committee (NAPCTAC) to discuss the draft General 
Provisions. That meeting was held on November 19-21, 1991. In addition, 
a status report on the General Provisions was presented to the NAPCTAC 
during the Committee's November 17-18, 1992 meeting. Both meetings were 
open to the public and each attendee was given an opportunity to 
comment on the draft General Provisions. In addition, numerous meetings 
and correspondence occurred between the Agency and representatives from 
affected industries, environmental groups, and State and local agencies 
during the process of drafting the proposed General Provisions. 
Documentation of these interactions can be found in docket A-91-09.
    The proposed General Provisions were published in the Federal 
Register on August 11, 1993 (58 FR 42760). The preamble to the proposed 
General Provisions discussed the availability of the proposal BID 
(``General Provisions for 40 CFR part 63, Background Information for 
Proposed Regulation'' (EPA-450/3-91-019)), which provides an historical 
perspective on precedents set by the EPA in implementing similar 
General Provisions under the pre-1990 Act. Public comments were 
solicited at the time of proposal, and copies of the BID were 
distributed to interested parties.
    The public comment period officially ended on October 12, 1993. A 
public hearing was not requested; however, seventy-one comment letters 
were received. The comments were carefully considered, and where 
determined to be appropriate by the Administrator, changes were made in 
the final General Provisions.

IV. Significant Comments and Changes to the Proposed General 
Provisions

    Comments on the proposed General Provisions were received from 
industry, State and local air pollution control agencies, Federal 
agencies, trade associations, and environmental groups. A detailed 
discussion of comments and the EPA's responses can be found in the 
promulgation BID, which is referred to in the ADDRESSES section of this 
preamble. The major comments and responses are summarized in this 
preamble.

A. Applicability Determinations

1. Overview
    Sections 112 (c) and (d) of the amended Act require the EPA to list 
and establish emission standards for major and area sources of the HAP 
that are listed in or pursuant to section 112(b). A list of categories 
of sources emitting listed HAP was published in the Federal Register on 
July 16, 1992 (57 FR 31576). Each standard developed by the EPA for a 
source category (referred to as a ``relevant standard'' or a ``source 
category-specific standard'') will be proposed for public comment in 
the Federal Register and when it is finalized, it will be codified in a 
subpart (or multiple subparts) of part 63.
    Each standard promulgated for a source category will apply to major 
sources of HAP that contain equipment or processes that are defined and 
regulated by that standard. Area sources of HAP also may be subject to 
the standard if an area source category has been listed and the 
standard specifies that it applies to area sources. Each standard will 
include requirements for new and existing sources.
    The determination of whether a source is a major source or an area 
source is made on the basis of its ``potential to emit'' HAP. In 
general, sources with a potential to emit, considering controls, 10 
tons per year or more of any one listed HAP or 25 tons per year or more 
of any combination of listed HAP are major sources. For the purposes of 
implementing section 112, the major/area source determination is made 
on a plant-wide basis; that is, HAP emissions from all sources located 
within a contiguous area and under common control are considered in the 
determination, unless specific provisions elsewhere in section 112 
(e.g., for oil and gas wells under section 112(n)(4)) override this 
general rule.
    More than one source category on the EPA's source category list may 
be represented within a plant that is a major source of HAP. This will 
be the case, for example, at a large chemical manufacturing complex. 
The major source determination will be made on the basis of HAP 
emissions from all emission sources within the complex. However, there 
could be many operational units within the complex, with each unit 
producing a different petroleum or chemical product or intermediate. 
The EPA source category list defines many categories on the basis of 
product produced (e.g., polyether polyols production, chlorine 
production). Standards for each of these categories will be developed 
in separate rulemakings. The EPA believes that Congress intended that 
all portions of a major source be subject to MACT regardless of the 
number of source categories into which the facility is divided. Thus, 
the EPA will set one or more MACT standards for a major source, and 
sources within that major source will be covered by the standard(s), 
regardless of whether, when standing alone, each one of those regulated 
sources would be major.
    As described earlier (as well as in the preamble to the proposed 
General Provisions), the General Provisions promulgated with this 
rulemaking are intended to bring together in one place (subpart A of 
part 63) those general requirements applicable to all owners and 
operators who must comply with standards established for the listed 
source categories. The General Provisions for part 63 contain 
provisions that are common to relevant standards such as definitions, 
and requirements for initial notifications, performance testing, 
monitoring, and reporting and recordkeeping. The establishment of 
General Provisions for part 63 standards eliminates the need to repeat 
common elements in each source category-specific standard. It is also 
consistent with the approach taken previously by the EPA in developing 
and implementing new source performance standards (NSPS) under section 
111 of the Act and NESHAP under section 112 of the Act before the 1990 
Clean Air Act Amendments. General Provisions for these programs are 
contained in subpart A of part 60 and subpart A of part 61, 
respectively.
    The basic approach in the General Provisions promulgated today for 
determining applicability (i.e., who is subject to these requirements) 
is the same as was proposed. That is, applicability of the General 
Provisions is determined by the applicability of relevant source 
category-specific standards promulgated in other subparts of part 63. 
Each owner or operator who is subject to a relevant source category-
specific standard in part 63 is also subject to the General Provisions, 
except when the standard specifically overrides a specific General 
Provisions requirement. Section 63.1(b) of the final General 
Provisions, addressing initial applicability determinations for part 
63, has been revised to clarify this approach for determining 
applicability. Section 63.1(b)(1) of the proposed rule stated that the 
owner or operator of any stationary source that is included in the most 
up-to-date source category list and that emits or has the potential to 
emit any HAP is subject to the provisions of part 63. The reference to 
the source category list has been removed from the final rule, and a 
paragraph has been added specifying that part 63 provisions apply to 
any stationary source that ``emits or has the potential to emit any 
hazardous air pollutant listed in or pursuant to section 112(b) of the 
Act and is subject to any standard, limitation, prohibition or other 
federally enforceable requirement established pursuant to [part 63].'' 
This clarifies that belonging to a listed category of sources alone 
does not render a source subject to the provisions of part 63; rather, 
the source must be subject to a part 63 standard or other requirement.
    The term ``affected source'' is established and used in the General 
Provisions to designate the specific ``source,'' or group of 
``sources,'' that is subject to a particular standard. This term is 
analogous to the term ``affected facility'' used in NSPS. Affected 
sources will be defined explicitly in each part 63 standard promulgated 
for a source category or established for a source on a case-by-case 
basis. The individual pieces of equipment, processes, production units, 
or emission points that will be defined as affected sources subject to 
emission limits or other requirements under that relevant standard will 
be determined in the development of the standard for the source 
category or the source. An affected source within a source category 
could be defined, for example, as a storage tank with greater than a 
specified capacity and containing organic liquids with greater than a 
specified vapor pressure. Within a major source, any individual 
``source'' or group of ``sources'' that meets the definition of 
affected source in a relevant standard would be subject to the 
requirements in the standard for major sources.
    In general, the timing of applicability (i.e., when does an owner 
or operator become subject to the General Provisions) is determined by 
when a relevant source category-specific standard is promulgated. The 
effective date for standards promulgated under sections 112(d), 112(h), 
and 112(f) of the Act is the date of promulgation. On the date of 
promulgation of a relevant source category-specific standard, the 
General Provisions also become applicable to owners or operators 
subject to the standard for the source category.
    The EPA received numerous comments relating to various definitions 
of ``source,'' how these definitions relate to one another, and how 
they determine which portions of a HAP-emitting industrial (or 
commercial) facility will be regulated by emission standards or other 
requirements under amended section 112. Some of these comments agreed 
with the EPA's proposed approach to defining these terms, some 
suggested alternative approaches, and many requested clarification on 
these topics. Major comments and the EPA's responses on the definitions 
of ``major source'' and ``area source,'' and on the definition of 
``affected source,'' are discussed below. Comments on the relationship 
of the General Provisions to relevant source category-specific 
standards are discussed in section IV.C.1. Additional responses to 
comments relating to applicability of the General Provisions are 
included in the promulgation BID.
2. Definitions of Major Source and Area Source
    Several commenters noted that the discussion in the proposal 
preamble on ``major source,'' as defined in the proposed rule, suggests 
inclusion of all stationary sources located on contiguous or adjacent 
property. These commenters argue that the EPA's interpretation goes 
beyond the statutory definition of major source in section 112(a)(1), 
which does not use the term ``adjacent.'' Another commenter stated that 
adding ``adjacent'' to the definition adds uncertainty to applicability 
determinations.
    The EPA disagrees with these commenters. First, the use of the term 
``adjacent'' is consistent with the language of the statute. The common 
dictionary definition of ``contiguous'' consists, in part, of ``nearby, 
neighboring, adjacent.'' On this basis, the EPA has historically 
interpreted ``contiguous property'' to mean the same as ``contiguous or 
adjacent property'' in the development of numerous regulations to 
implement the Act. Under this approach, the physical relationship of 
emission units to production processes is irrelevant if the units are 
adjacent geographically and under common ownership or control.
    This approach clarifies, that as a practical matter, the fact that 
all property at a plant site may not be physically touching does not 
mean that separate plant sites exist. For example, it is common for a 
railroad right-of-way or highway to cut across a plant site. However, 
this does not create two separate plant sites. To claim that it does 
would be an artificial distinction, and it is contrary to the intent of 
the statutory definition of major source.
    Many commenters asserted that the definition of ``major source'' in 
the General Provisions should include reference to standard industrial 
classification (SIC) codes as was done in the part 70 permit program 
regulations implementing title V of the Act. However, other comments 
were received that supported the proposed definition of ``major 
source'' and expressed concern that the EPA might adopt the title V 
approach to defining ``major source'' which, according to one 
commenter, would be inconsistent with the definition in section 
112(a)(1) of the Act.
    The EPA believes that, because Congress included a definition for 
``major source'' in section 112 that does not include reference to SIC 
codes, Congress intended that major sources of HAP would encompass 
entire contiguous (or adjacent) plant sites without being subdivided 
according to industrial classifications. The separation of HAP emission 
sources by SIC code would be an artificial division of sources that, in 
reality, all contribute to public exposure around a plant site.
    Furthermore, because of the different objectives of section 112 and 
title V of the Act, and because section 112 contains its own 
definition, the definition for ``major source'' in part 63 need not be 
identical to the definition for ``major source'' currently promulgated 
in part 70. The EPA believes that the definition for major source 
adopted in the General Provisions is appropriate for implementing 
section 112. The EPA will consider whether changes to the definition of 
major source in part 70, as it relates to section 112, are appropriate. 
If the EPA concludes that such changes are needed, the EPA will propose 
changes to part 70 and take comment before reaching a final decision in 
the Federal Register.
    Comments were received that the definition of ``area source'' 
should be changed to ``affected area source.'' Also, commenters 
suggested that the definitions of ``major source'' and ``area source'' 
should be revised to refer to emission units or groups of similar 
emission units that are in a specific category of major sources located 
within a contiguous area under common control and to clarify that area 
sources are not affected by NESHAP established for major sources.
    The EPA believes that it is more appropriate and less confusing to 
define ``major source'' and ``area source'' consistent with the 
definitions in section 112(a) of the Act. Nonetheless, for the purposes 
of implementing section 112, consistent with the applicability 
discussion above, ``area sources'' may be further divided into affected 
area sources and unaffected area sources. An affected area source would 
be a plant site that is not a major source but is subject to a relevant 
part 63 emission standard that regulates area sources in that source 
category.
    One commenter requested that the EPA address the issue of a 
compliance date for area sources that increase their emissions (or 
potential emissions) such that they become major sources and therefore 
subject to a relevant standard. The commenter said that this was a 
particular concern in situations where the area source has not obtained 
a construction permit.
    The commenter is correct that the proposed General Provisions did 
not address area sources that subsequently become major sources and 
therefore subject to a relevant standard. Sections 63.6(b)(7) and 
(c)(5) have been added to the final rule to address this situation.
    Section 63.6(b)(7) states that an unaffected new area source that 
increases its emissions of (or its potential to emit) HAP such that it 
becomes a major source, must comply with the relevant emission standard 
immediately upon becoming a major source. An unaffected existing area 
source that increases its emissions (or its potential to emit) such 
that it becomes a major source, must comply by the date specified for 
such a source in the standard. If such a date is not specified, the 
source would have an equivalent period of time to comply as the period 
specified in the standard for other existing sources. However, if the 
existing area source becomes a major source by the addition of a new 
affected source, or by reconstructing, the portion of the source that 
is new or reconstructed is required to comply with the standard's 
requirements for new sources. These compliance periods apply to area 
sources that become affected major sources regardless of whether the 
new or existing area source was previously affected by that standard.
3. Definition of Affected Source
    The EPA received numerous comments on the usefulness of the term 
``affected source,'' in response to the Agency's specific request for 
comments on this term in the proposal preamble. Comments were received 
that supported the Agency's proposed use of ``affected source,'' and 
others offered suggestions for changes or clarifications.
    Some commenters stated that it is not clear how inclusive 
``affected source'' is meant to be. For example, does it collectively 
cover all equipment associated with the source category?
    Some commenters argued that the definition of ``affected source'' 
in the General Provisions should be narrow, encompassing as few 
emission points as possible. Others argued for a broad definition 
consistent with the EPA's policy on defining the ``affected source'' 
during the development of specific NESHAP.
    Several commenters suggested terms as alternatives to ``affected 
source.'' Terms suggested included ``part 63 source'' and ``regulated 
source.'' Commenters claimed that alternative terms would be more 
appropriate and would reduce confusion about the applicability of a 
variety of EPA regulations including NESHAP under part 61 and the title 
IV acid rain regulations.
    After a review of the suggestions made by commenters, the EPA 
decided to retain the term ``affected source'' in the final rule. No 
comments were received that disputed the need for a separate term to 
designate the units that are subject to requirements in a source 
category-specific standard. Further, the EPA did not find any of the 
arguments for alternative terms compelling. For example, commenters did 
not make it clear how the use of a term such as ``regulated source'' 
would be more descriptive and less confusing than ``affected source.''
    Nevertheless, the EPA has endeavored to address any confusion that 
might arise on a case-by-case basis. For example, the EPA has revised 
the definition for the term ``affected source'' in part 63 to note that 
it should not be confused with the same term used in title IV of the 
Act and the rules developed to implement title IV, the acid rain 
provisions. Despite this revision, the Agency believes States may wish 
to draw a distinction in their regulations to implement the title V 
permit program and in individual sources' title V permits in order to 
avoid the possibility of confusion between the term affected source as 
used in part 63 and the term affected source as used in the title IV 
regulations. For example, the Agency believes it may be appropriate in 
some instances for State permitting authorities, when dealing with 
sources affected by both title IV and part 63 requirements, to refer to 
sources affected by part 63 as ``part 63 affected sources.''
    With regard to those comments that requested narrow or broad 
definitions of the term ``affected source,'' the EPA believes these 
comments would be addressed more appropriately in the context of 
rulemakings that will establish standards for individual source 
categories. The General Provisions merely define a term, ``affected 
source,'' that refers to the collection of processes, equipment, or 
groups of equipment that will be defined in each relevant standard 
under part 63 (including case-by-case MACT standards or ``equivalent 
emission limitations'') for the purposes of defining the scope of 
applicability of that standard. Consistent with the approach of using 
the nonspecific term ``affected source,'' the EPA believes it is 
inappropriate for the General Provisions rule to restrict in advance 
the definition of the affected source that may be developed for the 
purposes of regulation by a particular standard established under part 
63.

B. Potential to Emit

    The EPA received many comments on the definition of potential to 
emit that appeared in the proposed General Provisions. Many of these 
comments questioned the appropriateness of considering only federally 
enforceable controls or limitations in determining a source's potential 
to emit. The commenters suggested that all operational controls or 
limitations or, alternatively, all legally enforceable controls or 
limitations, should be considered in determining potential to emit, not 
just federally enforceable ones. One commenter further suggested that 
all physical or operational limitations that keep a source below the 
major source threshold are effectively federally enforceable, as any 
operation with HAP emissions above the threshold values would violate 
the title V permit and MACT standard compliance requirements for major 
sources.
    The Agency believes that these comments are similar in all relevant 
respects to arguments the Agency already has considered and responded 
to in a previous rulemaking that dealt with the Federal enforceability 
of emissions controls and limitations at a source. For a thorough 
discussion on this topic, see ``Requirements for the Preparation, 
Adoption, and Submittal of Implementation Plans; Air Quality, New 
Source Review; Final Rules'' that appeared in the Federal Register on 
June 28, 1989 (54 FR 27274). (A copy of this notice has been included 
in the docket for this rulemaking.) After careful consideration during 
that rulemaking, the EPA decided to retain the requirement for Federal 
enforceability. At this time, the Agency sees no reason to rescind its 
decisions described in the June 28, 1989 Federal Register notice. On 
the contrary, the Agency here is affirming the relevance of the Federal 
enforceability requirements set forth in the June 28, 1989 notice in 
the context of determinations of major source status under the new 
Federal air toxics program.
    In the context of implementing the air toxics program under amended 
section 112, the purposes of the Federal enforceability requirements 
are as follows: (1) To make certain that limits on a source's capacity 
are, in fact, part of its physical and operational design, and that any 
claimed limitations will be observed; (2) to ensure that an entity with 
strong enforcement capability (i.e., the Federal government) has legal 
and practical means to make sure that such commitments are actually 
carried out; and (3) to support the goal of the Act that the EPA should 
be able to enforce all relevant features of the air toxics program as 
developed pursuant to section 112. The Agency continues to believe 
that, if sources may avoid the requirements of a Federal air pollution 
control program by relying on State or local limitations, it is 
essential to the integrity of the National air toxics program that such 
limitations be actually and effectively implemented. Thus, Federal 
enforceability is both necessary and appropriate to ensure that such 
limitations and reductions are actually incorporated into a source's 
design and followed in practice. Further, Federal enforceability is 
needed to back up State and local enforcement efforts and to provide 
incentive to source operators to ensure adequate compliance. Federal 
enforceability also enables citizen enforcement under section 304 of 
the Act.
    Thus, in the final General Provisions rulemaking, the Agency is 
retaining the existing Federal enforceability requirement in the 
definition of potential to emit for the purposes of implementing 
section 112 of the Act as amended in 1990.
    In the June 28, 1989 Federal Register notice, the EPA established 
that, to be federally enforceable, emission limitations established for 
a source must be practicably enforceable. To be practicably 
enforceable, the limitations or conditions must ensure adequate 
testing, monitoring, recordkeeping, and reporting to demonstrate 
compliance with the limitations and conditions. Restrictions on 
operation, production, or emissions must reflect the shortest 
practicable time period (generally one month). ``Blanket'' emission 
limitations such as calendar year limits (e.g., tons per year) are not 
considered practicably enforceable. In contrast, hourly, daily, weekly, 
or monthly rolling averages generally are considered acceptable.
    Many of the comments requesting that the EPA credit controls that 
are not federally enforceable in the potential to emit determination 
were based on a concern over the limited mechanisms available by which 
emission controls can qualify as federally enforceable. For example, 
although the EPA will consider terms and conditions in a permit issued 
under title V of the Act to be federally enforceable, approved State 
title V permit programs are not yet in place. This effectively limits 
the mechanisms available to sources subject to early MACT standards. 
Comments were also received requesting further clarification on how the 
Agency's potential to emit policy would be implemented, and on how this 
policy could be implemented with the least burden on both States and 
affected sources.
    As noted earlier in this preamble, the EPA is preparing a separate 
notice of proposed rulemaking to address potential to emit issues. This 
notice will propose for public comment a thorough discussion on the 
Agency's policy with regard to implementing potential to emit in the 
air toxics program. Among other actions, this rulemaking would amend 
the General Provisions to provide an interim mechanism for controls to 
qualify as federally enforceable for HAP until permanent mechanisms are 
in place. The Agency will consider comments on this proposal and take 
final action on an expedited schedule.

C. Relationship of General Provisions to Other Clean Air Act 
Requirements.

1. Relationship to Individual NESHAP.
    The promulgated General Provisions to part 63 are applicable to all 
source categories that will be regulated by part 63 NESHAP. Emissions 
of HAP from all listed source categories eventually will be regulated 
by NESHAP pursuant to section 112 of the Clean Air Act Amendments of 
1990. The General Provisions provide basic, common requirements for all 
sources subject to applicable standards, and they are intended to avoid 
unnecessary duplication of information in all subsequent subparts. All 
parts of the General Provisions apply to an affected source regulated 
by an applicable standard, unless otherwise specified by the particular 
standard.
    The EPA recognizes that in the development of a standard applicable 
to a specific source category, the Agency may determine that certain 
General Provisions of subpart A may not be appropriate. Consequently, 
as mentioned earlier, subpart A allows individual subparts to supersede 
some of the requirements of subpart A. Should there be a conflict 
between the requirements in the General Provisions and specific 
requirements of another subpart in part 63, whether or not the subpart 
explicitly overrides the General Provisions, the requirements of the 
other subpart will prevail.
    The Agency received many comments regarding the proposed 
relationship between the General Provisions and part 63 standards for 
specific source categories. A substantial number of commenters 
expressed the opinion that the EPA should reverse the presumptive 
relationship that the General Provisions apply unless specifically 
overridden in a source category-specific standard. These commenters 
argued that the General Provisions should not be applicable until 
specifically incorporated by an applicable standard. Thus, instead of 
automatic applicability to any regulated source, the General Provisions 
would have no regulatory force until specifically incorporated by 
individual subparts. Specific reasons cited by commenters for 
advocating this approach focused on minimizing the potential for 
conflict between the General Provisions and individual subparts and 
reducing confusion on the part of owners or operators who must 
establish which provisions are applicable. Some commenters also stated 
that only generic requirements should be included in the General 
Provisions, and more specific requirements should be left to individual 
NESHAP.
    The Agency believes that the alternative approach suggested by 
these commenters is not appropriate. Consequently, the proposed 
approach has been retained in the final rule. The Agency's concern is 
that minimum regulatory requirements be established for the control of 
HAP emissions from source categories. The General Provisions as 
promulgated ensure an appropriate baseline level of requirements for 
all sources, and they provide guidance at an early stage to sources 
regarding the types of requirements that will ensue upon promulgation 
of an applicable standard. The EPA believes that the provisions of 
subpart A are the minimum generic requirements necessary for the 
implementation of NESHAP. The EPA's experience with existing General 
Provisions under parts 60 and 61 confirms that such provisions 
eliminate repetition within individual standards. They also improve 
consistency and understanding of the basic requirements for affected 
sources among the regulated community and compliance personnel.
    Despite the preceding discussion, the EPA does recognize the 
potentially confusing task faced by owners and operators who must 
determine which provisions of the General Provisions apply to them, 
which are explicitly superseded by an applicable subpart, and which are 
superseded because they conflict with a requirement in an individual 
standard. Many commenters are concerned about the potential for 
confusion regarding their compliance responsibilities. By establishing 
a mechanism whereby all the provisions of subpart A are applicable to 
an affected source unless otherwise specified, the EPA believes some 
source responsibilities are directly clarified.
    Furthermore, as the Agency continues to develop emission standards 
for specific source categories, the EPA intends to indicate clearly in 
these subsequent rulemakings which requirements of subpart A sources in 
the category are subject to and which requirements are superseded by 
the individual subpart. The public will have the opportunity to review 
and comment on Agency decisions on which requirements of the General 
Provisions are overridden in a source category-specific standard when 
that standard is proposed in the Federal Register.
    Other issues were raised by commenters pertaining to general 
features of the relationship between the General Provisions and 
individual MACT standards. Several commenters expressed concern with 
the potential for a situation where there are conflicting provisions 
between the individual subpart and subpart A, and the individual 
subpart does not specifically supersede the General Provisions 
requirement. Proposed Sec. 63.1(a)(13) stated that individual subparts 
will specify which General Provisions are superseded. Certain 
commenters believe that provisions in individual subparts should 
prevail, even if they do not explicitly state that they supersede 
General Provisions.
    The EPA agrees with these commenters. It is the Agency's intent 
that when there are conflicting requirements in the General Provisions 
and a source category-specific standard, the requirements of the 
standard will supersede the General Provisions. If a specific standard 
does not address a requirement within the General Provisions, then the 
General Provisions must be followed by the owner or operator. The 
Agency intends to review thoroughly the appropriateness of applying the 
General Provisions when developing each source category-specific 
standard and to indicate clearly in the standard any requirements of 
the General Provisions that are overridden. However, the Agency 
appreciates the concerns of the commenters that a conflicting 
requirement may be overlooked and not explicitly identified in the 
standard. Therefore, to avoid confusion should a conflicting 
requirement not be explicitly identified in the standard, the EPA has 
deleted the statement in Sec. 63.1(a)(13) that individual subparts 
always will specify which provisions of subpart A are superseded.
2. Relationship to Section 112(g), Section 112(j), and Section 
112(i)(5) of the Act
    Several comments were received on the relationship of the General 
Provisions for part 63 to requirements under sections 112(g) and 112(j) 
of the Act. Regulations to implement section 112(g) and section 112(j) 
are being developed by the EPA in separate rulemakings. Section 112(g) 
addresses the modification, construction, and reconstruction of major 
sources after the effective date of title V permit programs and 
primarily before source category-specific standards are promulgated. 
Section 112(j) addresses equivalent emission limitations to be 
established by the States through title V permits if the EPA fails to 
promulgate a standard for a category of sources on the schedule 
established under section 112(e).
    Under both of these sections, States may be required to make case-
by-case MACT determinations for sources if the EPA has not yet 
established an applicable emission limitation under section 112. For 
example, under section 112(g)(2), after the effective date of a title V 
permit program in any State, no person may modify a major source of HAP 
in the State, unless the Administrator (or the State) determines that 
the MACT emission limitation under section 112 for existing sources 
will be met. This determination must be made on a case-by-case basis 
where an applicable emission limitation has not been established by the 
EPA. A similar determination involving new source MACT must be made 
before a major source is constructed or reconstructed.
    Several commenters stated that it was unclear if the General 
Provisions are intended to be minimum requirements that would apply to 
sources subject to case-by-case MACT standards established under 
sections 112 (g) and (j).
    The EPA is still considering the most appropriate way to link the 
General Provisions to the case-by-case MACT standards established under 
sections 112 (g) and (j). While the EPA believes that some requirements 
of the General Provisions should apply to any MACT standard established 
under section 112 (including case-by-case MACT standards), the Agency 
also recognizes that there may be situations where blanket application 
of the General Provisions to a particular source or source category may 
not be appropriate. As discussed elsewhere in this preamble and as 
stated in the applicability section of the final rule, an emission 
standard established for a particular source category can override some 
provisions of the General Provisions, as appropriate. The EPA is 
reviewing whether it is appropriate to provide similar authority to 
States with approved title V permit programs to override the General 
Provisions in case-by-case MACT standards established under sections 
112(g) and 112(j) and how such authority should be implemented. In 
general, the EPA believes that the General Provisions provide an 
appropriate framework for many aspects of demonstrating compliance with 
case-by-case MACT determinations. The issue of the relationship of the 
General Provisions to section 112(g) and section 112(j) will be 
addressed in the rulemakings implementing these subsections or in 
future EPA guidance material.
    One commenter wanted the EPA to clarify that the General Provisions 
are superseded by forthcoming subpart B regulations to implement 
section 112(g).
    The EPA disagrees with this commenter. From a general perspective, 
it cannot be stated that the General Provisions would be superseded by 
regulations established under section 112(g). Many definitions and 
requirements of the General Provisions will be appropriate for 
standards established under section 112(g) (e.g., definitions of key 
terms such as ``major source'' and ``HAP''). However, as discussed in 
the response to the previous comment, the EPA is reviewing whether it 
is appropriate to allow case-by-case MACT standards developed under 
section 112(g) to override individual requirements of the General 
Provisions.
    A commenter stated that the definition of ``federally enforceable'' 
in the proposed General Provisions was different from the definition 
proposed in regulations to implement section 112(j) (58 FR 37778, July 
13, 1993). This commenter further stated that only one definition 
should appear, and that it should be in subpart A.
    The EPA agrees with the commenter and intends that the definition 
of federally enforceable in the General Provisions should apply to all 
requirements developed pursuant to section 112 including standards 
developed under section 112(j) and section 112(g). A definition of 
``federally enforceable'' was included in the proposed regulations to 
implement section 112(j) because those regulations were published 
before the proposal date of the General Provisions. The final 
regulations implementing section 112(j) of the Act and forthcoming 
regulations implementing section 112(g) will defer to the definition of 
federally enforceable that is included in the General Provisions.
    One commenter argued that the issue of preconstruction review 
should be left to the rule that will implement section 112(g) of the 
Act. Further, the commenter stated that if the proposed preconstruction 
review requirements in the General Provisions are adopted, they should 
be consistent with procedures in the section 112(g) rule.
    The EPA disagrees with these comments. The requirements for 
preconstruction review included in the General Provisions are intended 
to implement the preconstruction review requirements of section 
112(i)(1) of the Act, which the EPA views as inherently different from 
the preconstruction review requirements of section 112(g). Section 
112(i)(1) requires review by the EPA (or a State with delegated 
authority) prior to the construction or reconstruction of a major 
source of HAP in cases where there is an applicable emission limitation 
that has been promulgated by the EPA under sections 112 (d), (f), or 
(h); that is, a national emission standard has been promulgated. The 
requirements of a national emission standard undergo public review and 
comment during development of the rule.
    In contrast, requirements in section 112(g) for review prior to 
construction, reconstruction, or modification of a major source address 
situations where a national emission standard has not been promulgated 
and MACT must be determined on a case-by-case basis. In this situation, 
there has been no prior opportunity for public review of and comment on 
applicable requirements.
    This basic difference makes it appropriate to have separate 
provisions implementing the preconstruction review requirements of 
sections 112(i)(1) and 112(g) of the Act. In addition, section 112(g) 
does not apply before the effective date of the title V permit program 
in each State, whereas section 112(d) or 112(h) standards may go into 
effect before the permit program and thus need independent regulatory 
provisions governing preconstruction review.
    One commenter said that the EPA should state that after the 
effective date of a MACT standard established by the EPA, compliance 
with that standard by a source would also constitute compliance with 
section 112(g).
    The EPA generally agrees that compliance with an applicable MACT 
standard promulgated by the EPA under section 112(d) or section 112(h) 
also would constitute compliance with section 112(g). Although section 
112(g) requires an administrative determination that MACT will be met 
whenever a major source is constructed, reconstructed, or modified, a 
case-by-case MACT determination is required under section 112(g) only 
when no applicable emission limitations have been established by the 
EPA. The forthcoming rulemaking for section 112(g) will clarify the 
streamlined nature of the section 112(g) administrative requirements 
for major sources subject to already promulgated standards.
    Several commenters were confused by the last sentence in proposed 
Sec. 63.5(b)(6) that ``this paragraph is not intended to implement the 
modification provisions of section 112(g) of the Act.'' One commenter 
asked what this paragraph was intended to implement if not section 
112(g).
    Section 63.5(b) is intended to clarify the general compliance 
requirements imposed by section 112 for sources subject to a relevant 
emission standard that has been promulgated in part 63 (which may be 
major or area sources). The emission units or emission points that are 
subject to a NESHAP in a part 63 subpart applicable to a specific 
source category are defined in each subpart and are designated as the 
affected source. The intent of Sec. 63.5(b)(6) is simply to emphasize 
that changes to an affected source (e.g., process changes or equipment 
additions) that are within the definition of affected source in the 
applicable subpart are considered to be part of that affected source 
and, therefore, they also are subject to the standard. In the final 
rule, additional language was added to Sec. 63.5(b)(6) to further 
clarify that if the change consists of the addition of a new affected 
source, the new affected source would be subject to requirements 
established in the standard for new sources.
    Section 112(g) requirements are much broader and different in that 
they address changes to a major source, regardless of whether a 
relevant emission limitation has been promulgated by the EPA. These 
broader requirements are being addressed in the separate rulemaking to 
implement section 112(g).
    Upon review of the wording of the proposed General Provisions, the 
EPA has concluded that the statement in proposed Sec. 63.5(b)(6) 
indicating that this paragraph is not intended to implement section 
112(g) creates confusion rather than clarifying the Agency's intent. 
Therefore, it has been removed in the final rule.
    The relationship between the General Provisions and section 
112(i)(5) of the Act also has been clarified in the final rule. Section 
112(i)(5) of the Act outlines provisions for extensions of compliance 
for sources that achieve early reductions in HAP emissions. Under these 
provisions, an existing source may comply with an emission limitation 
promulgated pursuant to section 112(d) 6 years after the compliance 
date, provided that the source achieves a 90 percent (95 percent, in 
the case of particulates) reduction in emissions before the otherwise 
applicable standard is first proposed. Regulations implementing section 
112(i)(5) are contained in subpart D of part 63.
    Section 63.1(c)(4) of the General Provisions addresses the 
applicability of the General Provisions to such sources, and it has 
been revised in the final rule. The revision to this section reflects 
the fact that the General Provisions are applicable to other 
requirements established pursuant to section 112 of the Act, except 
when overridden. The proposed language required that an owner or 
operator comply with the requirements of subpart A that are 
specifically addressed in the extension of compliance. In the final 
rule, Sec. 63.1(c)(4) has been revised to state that an owner or 
operator who has received an extension of compliance under the early 
reduction program in subpart D shall comply with all requirements in 
the General Provisions except those requirements that are specifically 
overridden in the extension of compliance. This revision to the rule 
clarifies the Agency's intended relationship between these two subparts 
of part 63.
3. State Options Under Section 112(l) of the Act
    Several comments were received that States should be allowed 
flexibility in implementing the requirements of the General Provisions. 
General flexibility was requested as well as flexibility in 
implementing specific aspects such as frequency of source reporting and 
action timelines that may be impractical for some States. One commenter 
stated that incorporation of the General Provisions into an existing 
State or local program will interfere with the existing program. 
Another commenter stated that existing State procedures and timelines 
for preconstruction review should supersede the General Provisions.
    The EPA believes that the opportunity for States to have 
flexibility in implementing the General Provisions is provided through 
the rulemaking that implements section 112(l) of the Act (see subpart E 
of part 63). Under subpart E of part 63, each State may develop and 
submit to the EPA for approval a program for the implementation and 
enforcement of emission standards and other requirements promulgated 
under section 112. The EPA may approve alternative requirements or 
programs submitted by States as long as the State's alternatives are at 
least as stringent as the Federal programs they replace. Thus, States 
have the opportunity to propose to the EPA, through the subpart E 
process, alternative requirements to the General Provisions. 
Alternative requirements that could be proposed by a State include 
those items (e.g., timelines and provisions for preconstruction review) 
cited by commenters on the proposed General Provisions.
    An alternative requirement to a General Provisions requirement that 
is proposed by a State will be reviewed by the EPA to determine if it 
would accomplish the same objective(s) as the comparable General 
Provisions requirement and not compromise implementation and 
enforcement of part 63 emission standards.
    Subpart E of part 63 was promulgated in the Federal Register on 
November 26, 1993 (58 FR 62262). This final rulemaking describes in 
detail the process for a State to receive approval for alternative 
requirements to those promulgated at the Federal level. Additional 
guidance on this process is available, and information on how to obtain 
it is discussed in section V of the subpart E proposal preamble (58 FR 
29296, May 19, 1993).
    Section 112(d)(7) of the Act and paragraph 63.1(a)(3) of the 
applicability section of the General Provisions clearly indicate that 
an emission limit or other applicable requirement more stringent than 
the General Provisions may be issued under State authority. The EPA 
believes that this, along with the opportunity provided through subpart 
E for a State to propose alternative requirements, provides the 
flexibility that the commenters are seeking without further revision to 
the General Provisions. The EPA plans to supplement the guidance 
developed thus far for implementing section 112(l) with additional 
material to address approval criteria for alternative procedures that 
may be proposed by a State in place of the General Provisions.
    The EPA disagrees with the commenter who stated that existing 
procedures and timelines for preconstruction review in a State should 
automatically supersede the General Provisions. States seeking to 
implement and enforce any provisions of their own programs in lieu of 
regulations established by the EPA under section 112 must receive 
approval under section 112(l).
4. Permitting of Section 112 Sources Under Title V
    Title V of the Act instructs the EPA to establish the minimum 
elements of a national air pollution control operating permit program 
to be implemented by State or local agencies if they qualify. Owners or 
operators are required to obtain a permit when a State's operating 
permit program becomes effective. Furthermore, when sources become 
subject to part 63 regulations, these regulations must be incorporated 
into the permits for these sources. Permit requirements will be drawn 
directly from the requirements in Federal regulations such as NESHAP. 
Thus, the General Provisions in this part will form the basis for 
specific permit conditions, as they form the basis for specific 
requirements under subsequent part 63 rulemakings. The part 70 
regulations implementing the title V permit program, promulgated at 57 
FR 32250 (July 21, 1992), identify when a source of HAP is required to 
obtain a permit. The promulgated General Provisions contain language 
that informs owners or operators of some of the situations in which a 
source of HAP would be required to apply for a permit.
    Section 70.3(a) allows States to defer temporarily the requirement 
to obtain a permit for any sources that are not major sources but would 
otherwise be subject to title V. If the EPA approves a State program 
with such a deferral provision, the EPA will complete a future 
rulemaking to consider the appropriateness of any permanent exemption 
for categories of nonmajor sources. Nonmajor sources subject to a 
section 112 standard are addressed in Sec. 70.3(b), which states that 
the EPA has authority to allow States to exempt or defer these nonmajor 
sources from permitting requirements, and that the EPA will exercise 
this authority, if at all, at the time of promulgation of a section 112 
standard. Consistent with this provision, the EPA will determine in 
each future rulemaking under part 63 that establishes an emission 
standard that affects area sources whether to: (1) Give States the 
option to exclude area sources affected by that standard from the 
requirement to obtain a title V permit (i.e., by exempting the category 
of area sources altogether from the permitting requirement); (2) give 
States the option to defer permitting of area sources in that category 
until the EPA takes a rulemaking action to determine applicability of 
the permitting requirements; or (3) confirm that area sources affected 
by that emission standard are immediately subject to the requirement to 
apply for and obtain a title V permit in all States.
    Although the EPA will decide whether and when to permit regulated 
area sources in each applicable part 63 rulemaking, the Agency 
believes, in general, that it is appropriate for all sources regulated 
under part 63 to undergo the title V permitting process, as this will 
enhance effective implementation and enforcement of the requirements of 
section 112 of the Act. Unless a determination by the EPA is made by 
rule that compliance with permitting requirements by regulated area 
sources would be ``impractical, infeasible, or unnecessarily 
burdensome'' and thus an exemption is appropriate or the EPA allows 
States to exercise their option to defer permitting of area sources, 
all affected sources under part 63, including area sources, will be 
required to obtain a permit. Thus, affected area sources will be 
immediately subject to part 70 when they become subject to a part 63 
emission standard. (When area sources become subject to part 70 they 
will have up to 12 months to apply for a permit.) Section 63.1(c)(2) of 
the final General Provisions has been revised to clarify that emission 
standards established in part 63 will specify what the permitting 
requirements will be for area sources affected by those standards, and 
that if a standard remains silent on these matters, then nonmajor 
sources that are subject to the standard are also subject to the 
requirement to obtain a title V permit without deferral.

D. Monitoring and Performance Testing Requirements

1. Monitoring
    a. Relationship to part 64. Some commenters said that the part 63 
monitoring requirements are duplicative of the part 64 enhanced 
monitoring program. Alternatively, other commenters claimed that all of 
the monitoring requirements should be included in each part 63 subpart.
    The proposed part 64 enhanced monitoring program (58 FR 54648, 
October 22, 1993) applies only to existing regulations and does not 
apply to new regulations being developed under part 63. Furthermore, 
the proposed part 64 provisions only apply to major sources, while the 
General Provisions can apply to area sources as well. The EPA will 
incorporate the concept of enhanced monitoring directly into all new 
rules under part 63. This approach is consistent with the statement in 
the preamble to the part 70 operating permits program (July 21, 1992, 
57 FR 32250) that all future rulemakings will have no gaps in their 
monitoring provisions. The General Provisions include generic 
requirements that apply to all affected sources, while individual 
subparts under part 63 will include additional monitoring provisions 
specific to each source category.
    b. Definition of ``continuous monitoring system.'' Commenters said 
that the definitions for CMS and continuous emission monitoring systems 
(CEMS) are very broad and appear to include total equipment. For 
example, sample systems may be used to serve several analyzers, all of 
which are considered one CMS. If one analyzer fails, the proposed rule 
appears to assume that the entire CMS has failed, and data from 
properly functioning analyzers may not be used because one analyzer has 
failed to function properly.
    Some commenters said that Sec. 63.8(c)(6) should be revised to 
clearly distinguish between CEMS, continuous opacity monitoring systems 
(COMS), and continuous parameter monitors. In particular, the 
measurement devices used to monitor parameters such as temperature, 
flow, and pressure are very stable and do not require frequent or 
ongoing calibration error determinations. One commenter said that 
language should be added that states: ``Continuous parameter monitoring 
systems (CPMS's) must be calibrated prior to installation and checked 
daily for indication that the system is responding. If the CPMS 
includes an internal system check, results must be recorded and checked 
daily for proper operation.''
    One commenter said that the EPA should review Sec. 63.8 to amend 
references to ``continuous monitoring systems'' whenever a requirement 
should not apply to continuous parameter monitoring systems.
    Another commenter said that the EPA should differentiate between 
CMS and continuous parameter monitoring systems when setting 
calibration drift provisions in Sec. 63.8(c)(1).
    After review of these comments, the Administrator determined that 
the definition of ``continuous monitoring system'' should be clarified. 
The definition of CMS has been clarified to include any system used to 
demonstrate compliance with the applicable regulation on a continuous 
basis in accordance with the specifications for that regulation. The 
definition has been changed as follows:

    Continuous monitoring system (CMS) is a comprehensive term that 
may include, but is not limited to, continuous emission monitoring 
systems, continuous opacity monitoring systems, continuous parameter 
monitoring systems, or other manual or automatic monitoring that is 
used for demonstrating compliance with an applicable regulation on a 
continuous basis as defined by the regulation.

This definition is intended to apply to the CMS required by the 
regulation for a regulated pollutant or process parameter. If any 
portion of such a CMS fails (e.g., flow analyzer), the CMS data cannot 
be used for compliance determination and the entire CMS is out of 
control. The repair of the faulty portion of the CMS and a subsequent 
successful performance check of that portion would bring the entire CMS 
back into operation.
    If, for example, the regulation requires a CEMS for each of two 
pollutants (e.g., SO2 and NOx) and the two CEMS share diluent 
analyzers, failure of one of the pollutant analyzers (e.g., the 
SO2 analyzer) would not necessarily put the NOx CEMS into an 
out-of-control situation. The distinction is that these are two CEMS, 
not one. On the other hand, if the diluent analyzer serving both CEMS 
fails, both CEMS are out of control.
    The definition of CMS was revised to include continuous parameter 
monitoring system with the intent that basic performance requirements 
that appear in the General Provisions would apply to all CMS including 
continuous parameter monitoring systems. Responses to other comments 
and subsequent revisions to the regulation further clarify that 
performance specifications relevant to certain types of CMS would be 
proposed and promulgated with accompanying new regulations, and would 
indicate precisely what performance requirements apply and the 
frequency of checks, and other requirements, beyond those in the 
General Provisions.
    The general CMS performance requirements outlined in the General 
Provisions apply to any type of CMS, including continuous parameter 
monitoring systems. The General Provisions sections that define daily 
and other periodic performance checks and requirements for CMS 
consistently refer to applicable performance specifications and 
individual regulations for procedures and other specific requirements. 
Individual regulations may include more or less restrictive performance 
requirements, as appropriate.
    c. Relevance of part 60 performance specifications. According to 
some commenters, Secs. 63.8(c)(2), (c)(3), and (e)(4) of the proposed 
General Provisions require continuous monitoring systems to meet 
existing part 60 performance specifications, which were written for 
criteria pollutant measurement and contain many items that are not 
applicable to HAP. New methods, specific to HAP, should be proposed for 
public comment.
    The EPA agrees with the commenters. Therefore, all references to 
part 60 CEMS performance specifications have been deleted. Specific 
methods to evaluate CEMS performance will be included within the 
individual subparts of part 63. It should be noted that, if 
appropriate, these subparts may refer to Appendix B of part 60. 
However, in all instances, the required performance specifications for 
an individual subpart will be subject to public comment upon proposal.
    d. Repair period for continuous monitoring systems. According to 
some commenters, the proposed 7-day period for the repair of CMS in 
Sec. 63.8(c)(1) is too restrictive, for example, in cases where a major 
component has failed and replacement parts may not be available within 
7 days. In addition, when a critical component fails and is replaced, 
the entire monitoring system may have to undergo another performance 
specification test and/or extensive recalibration. These requirements 
may take up to 14 days to perform. The EPA should clarify that there is 
no violation in situations where the repairs or adjustments require 
more than 7 days, so long as the owner or operator responds with 
reasonable promptness. The adoption of the part 64 approach, which 
requires the submittal of a corrective action plan and schedule in the 
event of a monitor failure, would be more reasonable than specifying a 
specific time period and would increase the consistency between the two 
rules. Alternatively, a longer time period for repair of systems should 
be allowed either in the General Provisions or in each individual 
standard. One commenter said that Sec. 63.8(c) should be revised to 
allow up to 10 days of downtime per quarter. Finally, the EPA could 
establish a minimum level of acceptable data collection frequency 
(e.g., 75 to 95 percent monthly), which would provide up-front time 
flexibility for repairs and adjustments without compromising 
environmental benefit.
    One commenter said that the EPA must provide downtime for routine 
maintenance because proper maintenance of the equipment will extend the 
life of the equipment as well as ensure the quality of data collected 
by the CMS. Section 63.8(c)(4) should be revised to add the exclusion 
of maintenance periods from the operation requirements. Another 
commenter said that the owner or operator should not be required to 
conduct sampling or daily zero and high-level checks if the 
manufacturing process is not in operation, and that process shutdowns 
should be included in the list of ``exempted'' periods under 
Sec. 63.8(c)(4). Finally, one commenter said that Sec. 63.8(c)(4) 
should be revised to include performance evaluations and other quality 
assurance/quality control activities as exceptions to the downtime 
reporting requirements.
    After consideration of these comments, the EPA has revised 
Sec. 63.8(c)(1) to require ``immediate'' repair or replacement of CMS 
parts that are considered ``routine'' or otherwise predictable. The 
startup, shutdown, and malfunction plan required by Sec. 63.6(e)(3) 
will identify those CMS malfunctions that fall into the ``routine'' 
category, and the owner or operator is required to keep the necessary 
parts for repair of the affected equipment readily available. If the 
plan is followed and the CMS repaired immediately, this action can be 
reported in the semiannual startup, shutdown, and malfunction report 
required under Sec. 63.10(d)(5)(i).
    For those events that affect the CMS and are considered atypical 
(i.e., not addressed by the startup, shutdown, and malfunction plan), 
the owner or operator must report actions that are not consistent with 
the startup, shutdown, and malfunction plan within 24 hours after 
commencing actions inconsistent with the plan. The owner or operator 
must send a follow-up report within 2 weeks after commencing 
inconsistent actions that either certifies that corrections have been 
made or includes a corrective action plan and schedule. This approach 
is similar to the approach in 40 CFR part 64 regarding monitor 
failures. The owner or operator should be able to provide proof that 
repair parts have been ordered or any other records that would indicate 
that the delay in making repairs is beyond his or her control. 
Otherwise, it would cause enforcement difficulties to decide when a 
delay is caused in spite of best efforts and when the delay is caused 
by less than best efforts. Therefore, all delays beyond the 2-week 
period may be considered violations. As discussed in section 2.4.8 of 
the promulgation BID, if the delay is caused by a malfunction and the 
source follows its malfunction plan, that is not considered a 
violation.
    The Agency agrees with the commenter that routine maintenance of 
all CMS is necessary and has revised Sec. 63.8(c)(4) to include 
maintenance periods in the list of periods when CMS are excepted from 
the monitoring requirements.
2. Performance Testing
    a. Relationship to other testing requirements. Several commenters 
had concerns regarding the relationship between the requirements in 
Sec. 63.7, Performance testing requirements, and the testing 
requirements that will be contained in other subparts of part 63. One 
commenter noted a discrepancy between proposed Sec. 63.7(e), which 
requires performance testing under representative conditions, and 
Sec. 63.103(b)(3) of the proposed Hazardous Organic NESHAP (HON) 
(December 31, 1992, 57 FR 62690), which requires performance testing at 
``maximum'' representative operating conditions, and the commenter 
asked that the EPA either make the performance test requirements 
consistent for all part 63 subparts or allow sources to defer to the 
HON requirement. Another commenter indicated that performance tests may 
not always be meaningful, particularly in situations where the 
applicable subpart requires the elimination of the use of HAP in the 
process.
    Other commenters stated that methods for performance testing should 
be defined in each individual NESHAP under part 63 and that methods 
under analysis by the EPA should be subject to comment by the regulated 
community. Others objected to reference to methods contained in the 
appendices of part 60 because they are for measuring criteria 
pollutants and not HAP.
    The testing requirements contained in Sec. 63.7 are general and 
represent an infrastructure for performance testing as required by the 
individual standards developed under part 63. The general testing 
requirements contained in Sec. 63.7 specify when the initial 
performance test must be conducted, under what operating conditions the 
test must be conducted, the content of the site-specific test plan, how 
long the Agency has to review the test plan (if review is required--see 
next comment), how many runs are needed, procedures for applying for 
the use of an alternative test method, procedures to request a waiver 
of the performance test, and other general requirements. Each subpart 
will include specific testing requirements, such as the test method 
that must be used to determine compliance, the required duration and 
frequency of testing, and any other testing requirements unique to that 
standard.
    As described in Sec. 63.7(a)(4), subparts may contain testing 
provisions that supersede portions of Sec. 63.7. The example in the 
proposed HON (subpart F) cited by the commenter is a prime illustration 
of this situation. Section 63.103(b)(3) of the proposed subpart F 
states that ``Performance tests shall be conducted according to the 
provisions of Sec. 63.7(e), except that performance tests shall be 
conducted at maximum representative operating conditions for the 
process * * *.'' (December 31, 1992, 57 FR 62690). This section clearly 
states that all of the requirements of Sec. 63.7(e) apply, except that 
the test must be conducted at maximum operating conditions, instead of 
at representative conditions, as required by Sec. 63.7(e). It is also 
possible that the EPA could waive all performance testing requirements 
for a particular standard if it is determined that performance tests 
could not be used for determining compliance with the standard, and 
other procedures, in lieu of performance testing, would be specified 
for the determination of compliance.
    For each subpart, the EPA will evaluate the possibility of using 
existing test methods that are contained in parts 51, 60, and 61. 
However, if a previously promulgated method is not appropriate, the EPA 
will propose a new test method. Any requirement to test for HAP in part 
63, other than the requirements in Sec. 63.7, and any new test 
method(s), will be subject to public comment at the time the standard 
and method are proposed.
    b. Definition of ``representative performance.'' Several commenters 
had concerns regarding the lack of a definition of ``representative 
performance'' required for performance test conditions. One commenter 
said that Sec. 63.7(e) should be revised to reflect maximum design 
operating conditions that the source or control device will normally 
experience. Several commenters stated that the source should be allowed 
to determine representative operating conditions for a performance 
test. One commenter thought that the source should determine 
representative operating conditions, subject to EPA approval. Another 
commenter stated that Sec. 63.7(e)(1) is acceptable as proposed.
    The term ``representative performance'' used in Sec. 63.7(e) means 
performance of the source that represents ``normal operating 
conditions.'' At some facilities, normal operating conditions may 
represent maximum design operating conditions. In any event, 
representative performance or conditions under which the source will 
normally operate are established during the initial performance test 
and will serve as the basis for comparison of representative 
performance during future performance tests. To clarify this intent, a 
phrase has been added in Sec. 63.7(e) to indicate that representative 
performance is that based on normal operating conditions for the 
source.
    c. Two performance tests. Commenters said that, for sources 
constructed with the proposed rule in mind, the EPA should not require 
two performance tests under Sec. 63.7(a)(2)(ix) if one will suffice. As 
proposed, Sec. 63.7(a)(2)(ix) requires that, if the owner or operator 
commences construction or reconstruction after proposal and before 
promulgation of a part 63 standard and if the promulgated standard is 
more stringent than the proposed standard, the owner or operator must 
conduct a performance test to demonstrate compliance with the proposed 
standard within 120 days of the promulgation (i.e., effective) date and 
a second performance test within 3 years and 120 days from the 
effective date of the standard to demonstrate compliance with the 
promulgated standard. The commenter said that if the source can comply 
with the more stringent promulgated standard within 120 days of the 
effective date, it should only be required to perform one test.
    The EPA does not believe that an additional performance test is an 
unreasonable burden, given that the source is allowed an additional 3 
years to come into compliance with the promulgated part 63 standard. 
However, the EPA agrees with the commenter that if the source chooses 
to comply with the promulgated standard within 180 days (changed from 
120 days per the discussion in section IV.G.2.b of this preamble) of 
the effective date, then a second performance test should not be 
required. While this was always the intent of this section, the EPA 
also agrees that this section of the proposed rule could have been 
interpreted to require two source tests in all situations. Therefore, 
Sec. 63.7(a)(2)(ix) has been revised to allow owners or operators of 
new or reconstructed sources the option to comply with the promulgated 
standards within 180 days after the standard's effective date.
    d. Review of site-specific test plans. The provisions pertaining to 
site-specific test plans contained in Sec. 63.7(c)(2) received a great 
deal of attention from commenters. Several commenters indicated that 
the level of detail required in the site-specific test plan would 
create an unreasonable burden. One commenter estimated that it could 
take up to 2 years to prepare a test plan with the level of detail 
required in Sec. 63.7(c)(2). Many suggested that site-specific test 
plans should be required only when there is a deviation from the 
reference methods.
    A number of commenters believe the proposed requirements that every 
site-specific test plan be submitted to the Agency, and then approved 
by the Agency within 15 days, would be extremely burdensome for both 
the owners and operators and regulatory agencies.
    As a result of these comments, significant changes have been made 
to Sec. 63.7(c). Owners or operators still must prepare site-specific 
test plans, and the required elements of such plans are the same as 
those proposed. The EPA believes the requirements of the test plan are 
basic and necessary to ensure that the test will be conducted properly. 
However, the requirement that all site-specific test plans be submitted 
to, and approved by, the Administrator has been deleted. The rationale 
for these decisions is discussed in the following paragraphs.
    The Agency believes that test plans should be prepared for all 
performance tests. The test plan assures that all involved parties 
understand the objectives and details of the test program. A well-
planned test program is vital to ensure that the source is in 
compliance with the standard. The EPA does not believe that the 
preparation of site-specific test plans is overly burdensome to 
facilities. In fact, experienced testing professionals routinely 
prepare site-specific test plans (including quality assurance programs) 
that would meet the performance test requirements of Sec. 63.7(c)(2).
    In addition, the EPA has created a guideline document, 
``Preparation and Review of Site-Specific Test Plans'' (December 1991) 
to assist owners, operators, and testing professionals in the 
preparation of complete site-specific test plans. This guidance can be 
downloaded from the EPA Office of Air Quality Planning and Standards 
bulletin board, the Technology Transfer Network (TTN).
    Upon review of the comments, particularly those from State and 
local agencies, the EPA decided that it was appropriate to make 
significant changes in the provisions requiring submittal and approval 
of site-specific test plans. As noted above, each affected source owner 
or operator must prepare a site-specific test plan. However, owners or 
operators are only required to submit this plan to the Agency for 
review and approval upon request from the Administrator (or delegated 
State). In addition, the provisions relating to the approval of site-
specific test plans have been modified to allow greater flexibility; 
that is, the timelines have been modified to allow more time for 
interim activities performed by both the Administrator and the owner or 
operator.
    In order to be consistent with the changes made regarding 
performance test plans, the EPA has also revised Sec. 63.8(d)(2) of the 
General Provisions, and the submittal of a site-specific performance 
evaluation test plan for the evaluation of CMS performance is also 
optional at the Administrator's request.

E. Construction and Reconstruction

1. Definition of Reconstruction
    In response to comments, the EPA has revised the definition of 
reconstruction to make it clearer and easier to understand. The revised 
definition clarifies that reconstruction may refer to an affected or a 
previously unaffected source that becomes an affected source upon 
reconstruction. This definition also clarifies that the source must be 
able to meet the relevant standards established by the Administrator or 
by a State. Major affected sources, or previously unaffected major 
sources that reconstruct to become major affected sources, must undergo 
preconstruction review in accordance with procedures described in 
Secs. 63.5 (b)(3) and (d). Affected sources that are nonmajor or 
previously unaffected nonmajor sources that reconstruct must submit a 
notification in accordance with Sec. 63.5(b)(4), but they are not 
required to undergo preconstruction review.
2. Construction/Reconstruction Plan Review
    Comments also were received on the need for procedures governing 
the review of construction and reconstruction plans under proposed 
Sec. 63.5(c). State and local agencies commented that they do not have 
the resources to conduct optional plan reviews at the source's request, 
nor did they feel that this is an appropriate requirement for the 
General Provisions.
    Upon review of these comments, the Agency has decided to delete 
Sec. 63.5(c) from the final rule. While the Agency encourages 
communication between delegated authorities and owners or operators of 
new or reconstructed sources that may be affected by a part 63 standard 
during the preparation of construction/reconstruction applications, the 
Agency has decided to reduce the burden on State and local agencies by 
not mandating the informal review of plans in the General Provisions.
    One State agency indicated that the General Provisions should allow 
existing State construction permit programs to be used as the 
administrative mechanism for performing preconstruction reviews for 
sources subject to part 63 standards. As discussed in greater detail in 
section IV.C.3 of this preamble, States can use existing construction 
permit programs to implement the provisions in Sec. 63.5 if the 
programs are approved under the section 112(l) approval process 
developed in subpart E of part 63.
3. Determination of Reconstruction
    Several commenters had concerns about the manner in which 
reconstruction determinations would be made. One commenter indicated 
that replacements ``in-kind'' and retrofitting should be exempt from a 
reconstruction determination. Other commenters felt that the cost of 
control devices to comply with existing source MACT, reasonably 
available control technology, or any other emissions standard should 
not be included.
    The reconstruction determination formula is based upon factors 
outlined in the rule, including a fixed capital cost comparison between 
a replacement project and a comparable new source. This cost comparison 
may include the cost of control equipment, consistent with the EPA's 
existing policy as stated in the December 16, 1975 Federal Register 
notice (see 40 FR 58416) that deals with modification, notification, 
and reconstruction requirements under 40 CFR part 60. The preamble to 
that regulation states that:

    The term ``fixed capital cost'' is defined as the capital needed 
to provide all the depreciable components and is intended to include 
such things as the costs of engineering, purchase, and installation 
of major process equipment, contractors' fees, instrumentation, 
auxiliary facilities, buildings, and structures. Costs associated 
with the purchase and installation of air pollution control 
equipment (e.g., baghouses, electrostatic precipitators, scrubbers, 
etc.) are not considered in estimating the fixed capital cost of a 
comparable entirely new facility unless that control equipment is 
required as part of the process (e.g., product recovery).

Retrofitting and replacements are the type of activities to which the 
reconstruction provisions are intended to apply. In those instances 
where changes are instigated specifically to comply with a relevant 
part 63 standard, and the changes are integral to the process, it is 
not the EPA's intent to penalize existing sources by subjecting them to 
new source MACT requirements.
4. Application for Approval of Construction or Reconstruction
    Several commenters objected to the requirement that new major 
affected sources submit an application for approval of construction or 
reconstruction 180 days before construction or reconstruction is 
planned to commence.
    Although the EPA does not agree with the commenters' contention 
that the 180-day time period is overly burdensome, Sec. 63.5(d)(1)(i) 
of the final rule has been revised to allow owners and operators of new 
major affected sources greater discretion in the timing of submitting 
applications. The final rule requires owners or operators to submit the 
application ``as soon as practicable'' before the construction or 
reconstruction is planned to commence. The burden is on the owner or 
operator to ensure that the application is submitted in a timely 
fashion, so that adequate review may take place under the procedures 
specified in Sec. 63.5(e) and commencement of construction or 
reconstruction will not be delayed. The EPA believes it is in owners' 
and operators' best interests to submit preconstruction review 
applications as early as is feasible. The requirements in 
Sec. 63.9(b)(4)(i) and Sec. 63.9(b)(5) for a notification of intention 
to construct or reconstruct a new major affected source or a new 
affected source have also been revised to reflect this change in the 
final rule.

F. Operation and Maintenance Requirements: Startup, Shutdown, and 
Malfunction Plans

1. Content of Plans
    Several commenters complained that the Sec. 63.6(e)(3)(i) 
requirement that the startup, shutdown, and malfunction plan contain 
detailed ``step-by-step'' procedures for operating and maintaining the 
source during periods of startup, shutdown, and malfunction'' was 
overly burdensome and did not allow the facility to devise maintenance 
actions that would ensure compliance with the relevant emission 
limitation. In addition, commenters said that the overall level of 
detail required in the startup, shutdown, and malfunction plan was 
excessive.
    Commenters said that the plan should focus only on equipment that 
is actually used to achieve and maintain compliance with a relevant 
standard such as pollution abatement equipment, process equipment used 
as the last piece of recovery equipment if not followed by emission 
control equipment, emission or parameter monitoring equipment, and 
recordkeeping equipment. Also, Sec. 63.6(e)(3)(i) should be revised to 
clarify that the plan requirements apply to: ``malfunctioning process 
and air pollution equipment used to comply with the relevant 
standard.'' Another commenter said that process equipment should not be 
included in the plan because companies already have adequate incentives 
to maintain their process equipment.
    Another comment concerned the timeframe under which the plan must 
be developed and implemented. The commenter noted that 
Sec. 63.6(e)(3)(i) implies that the source might have to develop the 
plan before the compliance date for the relevant standard or startup.
    The EPA intends the startup, shutdown, and malfunction plans to be 
thorough. On the other hand, the EPA expects these plans to be based on 
reasonable evaluations by the owner or operator, and the plans are 
intended to provide flexibility to the owner or operator to act 
appropriately at all times to reduce emissions during these events. The 
requirement for ``step-by-step'' procedures has been deleted because it 
conveys a level of detail that is not always needed. In addition, the 
suggestion to limit the requirements to that equipment that can have an 
effect on compliance with the relevant standard has been adopted as 
well. Process equipment may be included, however, because process 
equipment can affect emissions.
    In general, the level of detail is left to the discretion of the 
owner or operator who must decide how much detail plant personnel need 
in order to ensure proper operation and maintenance of equipment during 
startup, shutdown, and malfunction events. Excess emissions occur 
during these events when air pollution is emitted in quantities greater 
than anticipated by the applicable standard. Excess emissions are often 
determined by compliance monitoring required by the applicable 
standard. If excess emissions are not reasonably anticipated during 
these events, the plans could be very simple. Alternatively, if excess 
emissions are expected to occur during startup, shutdown, or 
malfunction events, the plan needs to be correspondingly detailed to 
ensure that appropriate actions are taken to control the emissions.
    Excess emissions are typically direct indications of noncompliance 
with the emission standard and, therefore, are directly enforceable. 
Without demonstrating that a startup, shutdown, or malfunction event 
caused the excess emissions, the owner or operator cannot certify 
compliance. In such instances where the excess emissions occurred 
during a startup, shutdown, or malfunction, the owner or operator must 
also have followed the plan to certify compliance. If the owner or 
operator prepares a deficient plan, the EPA can request that the plan 
be upgraded and may consider enforcement actions.
    Section 63.6(e)(3)(i) has been revised to clarify that the plan 
must be developed before and implemented by the compliance date for the 
source.
2. Option to Use Standard Operating Procedures
    Commenters supported the use of standard operating procedures (SOP) 
as a surrogate for the development of a separate startup, shutdown, and 
malfunction plan. However, they pointed out two concerns with the use 
of SOP. The first potential problem is that SOP generally are very 
complex (at least at chemical plants), and they are developed to allow 
the operator to respond to a wide variety of process conditions. 
Commenters were concerned that an excessive amount of time could be 
spent in educating permitting agencies regarding the contents of the 
SOP. A second concern is that SOP may contain confidential business 
information. Commenters said that the rules should provide that such 
information will be kept confidential by the Agency.
    One commenter noted that facilities covered by Occupational Health 
and Safety Administration (OSHA) operating requirements should be 
allowed to use the OSHA plan to meet the intent of Sec. 63.6(e), 
Operation and maintenance requirements, and file a notification that 
they are covered by OSHA in place of submitting a startup, shutdown, 
and malfunction plan. Other plans such as hazardous waste emergency 
response plans should be accepted as alternatives, too.
    A few commenters also asked whether it is necessary to maintain a 
separate plan if the startup, shutdown, and malfunction plan becomes 
part of the operating permit. If SOP are used, they could simply be 
referenced in the operating permit. Alternatively, commenters said that 
SOP used for startup, shutdown, and malfunction plans should not be 
required in permits and are not enforceable under part 70.
    The intent of allowing the use of SOP is to provide the owner or 
operator an option of complying with these requirements that may result 
in reduced recordkeeping burden. If the owner or operator determines 
that use of SOP is too cumbersome, he or she should develop a specific 
startup, shutdown, and malfunction plan.
    Because the need for startup, shutdown, and malfunction plans is 
determined by Federal requirements, each plan would be incorporated by 
reference into the source's part 70 operating permit. As such, the 
plans would be considered public information; however, confidential 
business information can be protected according to the procedures in 
part 70 and Sec. 63.15 of the General Provisions. The EPA believes 
that, while an owner or operator should not include confidential 
information in the plan, if certain confidential information is 
necessary for the plan to be used properly, the owner or operator 
should discuss the situation with the enforcing agency.
    Facilities would be allowed to use an OSHA or other plan (or any 
portion thereof) in lieu of a startup, shutdown, and malfunction plan 
only if it meets the requirements in Sec. 63.6(e). The burden is on the 
source owner or operator to demonstrate that any plan not specifically 
developed to comply with the requirements in Sec. 63.6(e) meets the 
intent and all applicable requirements in that section.
3. Reporting Requirements
    Some commenters said that startup, shutdown, and malfunction 
reports should only be required (at least in the case of area sources) 
when excess/reportable emissions to the atmosphere occurred as a direct 
result. Commenters requested that the EPA should encourage sources to 
discover ways not to emit amounts of pollutants in excess of applicable 
standards, or not to exceed established parametric limits, during 
periods of startup, shutdown, and malfunctions by inserting the concept 
of ``emissions in excess of an otherwise applicable standard or 
operation outside of established parametric requirements'' into the 
definitions of startup, shutdown, and malfunction situations. If a 
source does not experience a period where some emission or parameter 
requirement is exceeded, no records or reports should be required, 
according to commenters. In addition, commenters stated that the 
requirement that a responsible corporate official certify a report of 
action taken under a startup, shutdown, and malfunction plan is well 
beyond statutory authority and should be withdrawn.
    As discussed below, the EPA has changed the General Provisions to 
clarify that startup, shutdown, and malfunction reports need only 
address events that cause emissions in excess of an otherwise 
applicable standard or operation outside of an established parametric 
requirement. This change will encourage owners and operators to 
maintain emissions at all times to the levels required by the standard. 
When no excess emissions occur under this approach, no records or 
reports are required. On the other hand, if an owner or operator fails 
to record the necessary information when excess emissions do occur, 
they cannot certify compliance with the startup, shutdown, and 
malfunction plan.
    Section 63.10(d)(5) has been revised to allow the reports to be 
signed by the owner or operator or other responsible official. In some 
cases, ``corporate'' officials may not be located at the plant site. 
Also, smaller companies may not be incorporated and may only have a few 
employees. For example, dry cleaning facilities are generally small 
businesses, in which case the owner must sign the report.
    Commenters also said that the EPA should provide flexibility to 
owners and operators in correcting malfunctions rather than requiring 
that actions be ``completely'' consistent with the source's startup, 
shutdown, and malfunction plan. It is impossible for owners and 
operators to develop plans that address every conceivable malfunction. 
Instead, the EPA should require that actions be ``materially'' 
consistent with the plan.
    One purpose of the startup, shutdown, and malfunction reports is to 
provide an explanation of why the plan was not followed during a 
startup, shutdown, or malfunction. Presumably, an owner or operator 
cannot certify compliance with the standards for such events. In the 
event of a startup, shutdown, or malfunction, the Agency believes there 
is value in receiving these reports for actions that are not consistent 
with the plan. These reports establish an historical record for review 
by the enforcing agency. However, in order to respond to commenters' 
concerns, the regulation has been revised to remove the word 
``completely'' from the phrase ``completely consistent'' in 
Secs. 63.6(e)(3) (iii) and (iv) and Sec. 63.10(b)(2)(v). This revision 
still satisfies the Agency's intent to receive reports for actions that 
are not consistent with the plan.
    Commenters complained that immediate startup, shutdown, and 
malfunction reports required under Sec. 63.10(d)(5)(ii) should not be 
required because they are redundant with respect to reporting 
requirements found in the Superfund Amendments and Reauthorization Act 
(section 304) and the Comprehensive Environmental Response, 
Compensation, and Liability Act (section 103), in the permit rules, and 
in the individual standards themselves.
    The alternate notification systems referred to by the commenter 
generally are concerned with releases in quantities and under 
conditions that may not be consistent with the reporting and compliance 
needs of the authorities delegated the authority to enforce part 63 
requirements. To the extent that other reporting mechanisms provide 
duplicate information, they can be used to satisfy the part 63 
requirements. This information would then be compiled in the source's 
part 70 operating permit.
4. Reporting Timelines
    Several commenters suggested changes to the required timelines in 
Sec. 63.6(e)(3)(iv). In the case of reporting any actions taken that 
are not ``completely consistent with the procedures in the affected 
source's startup, shutdown, and malfunction plan'' within 24 hours, 
commenters suggested that this requirement should be changed to be 
``the next working day.'' Alternatively, the requirement could be 
changed to be consistent with the title V emergency provisions that 
require reporting within 2 working days.
    Commenters suggested that because an event can last for several 
days, the requirement to submit a follow-up report should be revised to 
state that the report is due 7 days ``after the end of the event.'' 
Other commenters said that only deviations that are significant (e.g., 
last more than 24 hours) and which fail to correct or which prolong the 
malfunction should be reportable in writing, and then only within 14 
days of the occurrence. Other commenters said that quarterly reports 
should be sufficient or that no reports should be required if the 
events are recorded in the source's operating log.
    Upon review and consideration of the comments, Secs. 63.6(e)(3)(iv) 
and 63.10(d)(5)(ii) have been revised to require reporting of actions 
that are not consistent with the plan within 2 working days instead of 
within 24 hours. This allows the General Provisions and the operating 
permits program established under title V to be consistent. In 
addition, the regulation has been revised to require that follow-up 
reports for deviations are due ``7 working days after the end of the 
event.''
5. Compliance With Emission Limits
    According to some commenters, the EPA should require that affected 
sources meet otherwise applicable emission limits during startups, 
shutdowns, and malfunctions. Commenters saw the assumption that 
emissions can and will occur as inconsistent with the Agency's approach 
in the part 61 NESHAP, which requires that sources comply with emission 
limitations at all times. Also, some commenters stated that the EPA has 
not shown that exceedance of standards is always necessary during these 
periods or that malfunctions are not avoidable. These commenters 
believed that difficulties in determining violations do not justify 
relaxing standards.
    Other commenters said that sources should take steps to minimize 
emissions during startup, shutdown, and malfunction periods. For 
example, a time limitation on the length of a startup or shutdown could 
be established. Alternatively, the EPA should exempt facilities from 
the requirements associated with the startup, shutdown, and malfunction 
plans if they can comply with the standards during these events. A 
simple notification that the source intends to comply at all times 
rather than develop and implement the provisions of Sec. 63.6(e) (i.e., 
a startup, shutdown, and malfunction plan) should be added to recognize 
this condition.
    In contrast, other commenters wanted to strengthen the assumption 
that excess emissions during these events is not a violation unless 
specified in the relevant standard or a determination is made under 
Sec. 63.6(e)(2) that acceptable operation and maintenance procedures 
are not being followed.
    The EPA believes, as it did at proposal, that the requirement for a 
startup, shutdown, and malfunction plan is a reasonable bridge between 
the difficulty associated with determining compliance with an emission 
standard during these events and a blanket exemption from emission 
limits. The purpose of the plan is for the source to demonstrate how it 
will do its reasonable best to maintain compliance with the standards, 
even during startups, shutdowns, and malfunctions. In addition, 
individual standards may override these requirements in cases where it 
is possible to hold sources to stricter standards. In some cases it may 
be reasonable to require certain source categories to meet the emission 
standards at all times.
    Another point to consider is the beneficial effect of enhanced 
monitoring. Once enhanced monitoring requirements are effective through 
the individual standards, owners and operators will be required to pay 
extremely close attention to the performance of their process and 
emission control systems. If the enhanced monitoring requirements are 
generated reflecting normal operational variations, the number of 
potential noncomplying emissions should be minimized and only truly 
significant malfunctions will need to be addressed in the plan. 
Enhanced monitoring should drive sources to continuous good performance 
that minimizes emissions and, thus, startup, shutdown, and malfunction 
plans can focus on the less common events. In this way, concerns 
regarding excess emissions during startups, shutdowns, or malfunctions 
should lessen.
    The EPA agrees that sources that can demonstrate that compliance 
with the emission standards is not in question during periods of 
startup, shutdown, and malfunctions should not be required to develop 
and implement full-blown startup, shutdown, and malfunction plans. 
Instead, these sources should demonstrate in their startup, shutdown, 
and malfunction plan why standards cannot be exceeded during periods of 
startup, shutdown, and malfunction.
    In a related matter, the EPA has also clarified Sec. 63.6(e)(1)(i) 
to state that sources must minimize emissions ``at least to the levels 
required by all relevant standards'' to respond to a commenter's 
concern that the original language to ``minimize emissions'' could 
exceed the requirements of the Act.

G. Recordkeeping and Reporting Requirements

1. Notification Requirements
    a. Applicability. A significant number of commenters supported the 
proposed requirement that only affected major and area sources within a 
category of sources for which a part 63 standard is promulgated be 
required to submit an initial notification. On the other hand, four 
commenters believe that all sources, affected and unaffected, should be 
required to submit an initial notification to identify sources that may 
be subject to a part 63 standard or other requirement. One of these 
commenters stated that sources claiming that they are below the major 
source threshold should notify both the EPA and the State and should 
submit documentation of their claim (e.g., a copy of the permit showing 
control requirements). One commenter suggested that delegated agencies 
should be responsible for identifying affected sources, rather than 
requiring initial notifications.
    In addition, many commenters complained that the initial 
notification requirement for affected sources was too detailed and 
suggested a few ways to simplify the initial notification: (1) Include 
only notification of name and address of owner or operator, address of 
affected source, and compliance date; or (2) require only a letter of 
notification identifying subject sources.
    The EPA requested comments on the proposed requirement for initial 
notification by only affected sources within a category of sources, 
specifically on whether the proposed requirements offer sufficient 
opportunity for the EPA or delegated agencies to identify sources that 
may be subject to a part 63 standard, or other requirement, and to 
review and confirm a source's determination of its applicability status 
with regard to that standard or requirement. The EPA has evaluated the 
comments received and has decided that the final General Provisions 
will require initial notification by only affected sources within a 
category of sources, the same as proposed. This would reduce the burden 
on area sources, many of which are small businesses. The implementation 
of the parts 70 and 71 permit programs will be the process to bring 
overlooked or noncomplying sources into the regulatory program. In 
addition, the MACT technical support documents defining the source 
categories and well-designed toxics emission inventories also will help 
agencies to identify affected sources. The EPA believes that these 
mechanisms are sufficient for the EPA or delegated agencies to identify 
additional sources that may be subject to a part 63 standard or other 
requirement.
    Although only affected sources will be required to submit an 
initial notification, the EPA has added a requirement for the owner or 
operator of an unregulated source to keep a record of the applicability 
determination made for his or her source. Section 63.10(b)(3) requires 
that an owner or operator who determines that his or her stationary 
source is not subject to a relevant standard or other provision of part 
63 keep a record of this applicability determination. This record must 
include an analysis demonstrating why the source is unaffected. This 
information must be sufficiently detailed to allow the Administrator to 
make a finding about the source's applicability status with respect to 
the relevant part 63 standard or requirement.
    In response to the comments requesting simplification of the 
initial notification requirements for affected sources, the final rule 
provides that some of the information that the proposed rule would have 
required in the initial notification be provided later in the 
notification of compliance status [Sec. 63.9(h)]. The initial 
notification will include only the following information: (1) The name 
and address of the owner or operator; (2) the address (i.e., physical 
location) of the affected source; (3) an identification of the relevant 
standard, or other requirement, that is the basis of the notification 
and the source's compliance date; (4) a brief description of the 
nature, size, design and method of operation of the source, including 
its operating design capacity and an identification of each point of 
emission for each HAP, or if a definitive identification is not yet 
possible, a preliminary identification of each point of emission for 
each HAP; and (5) a statement of whether the affected source is a major 
source or an area source.
    In addition, Sec. 63.9(h), Notification of compliance status, has 
been revised to include the information formerly required in the 
proposed initial notification under Sec. 63.9(b)(2) (v) through (viii).
    b. Duplicate notification submittal. Some commenters said that the 
Sec. 63.9(a)(4)(ii) requirement that sources in a State with an 
approved permit program submit notifications to both the part 70 
permitting authority and the relevant EPA Regional Office is 
unnecessary. A similar requirement is found in Sec. 63.10(a)(4)(ii) 
regarding report submittal. According to these commenters, once a State 
has permitting authority, it should have the full authority to receive 
all notifications and reports.
    The rule has been amended to allow EPA Regional Offices the option 
of waiving the requirement for the source to provide a duplicate copy 
of notifications and reports. The EPA has tried to limit the amount of 
duplicate reporting a source is required to do under part 63. However, 
in some cases it is necessary for both the permitting authority and the 
Regional Office to receive notifications and reports. Even when the EPA 
has delegated a program to a permitting authority, the Regional Offices 
must receive some baseline information to track implementation of the 
programs and provide guidance for national and regional consistency.
    c. Negotiated schedules. Section 63.9(i)(2) of the proposed General 
Provisions, which requires delegated agencies to request in writing a 
source's permission to take additional time to review information, is 
inappropriate according to some commenters. Agencies should not have to 
request additional time to review information.
    Upon review and consideration of this comment, the Administrator 
determined that this proposed provision is in conflict with the 
Administrator's authority to gather and consider information granted 
under section 114 of the Act. As a result, this aspect of the 
negotiated schedule provision has been deleted from the final rule. 
However, the Administrator also believes that reasonable accommodations 
regarding schedule negotiations can and should be made between 
administering agencies and affected sources so long as overall 
environmental goals are achieved. Language has been added to 
Sec. 63.9(i)(4) to require agencies to notify sources of delays in 
schedules and to inform the sources of amended schedules to facilitate 
communication between the two parties.
2. Timeline Issues
    As part of the Agency's evaluation process in developing the final 
rule, timing issues in general were considered, along with individual 
comments from industry, State and local agencies, trade associations, 
and other parties. A summary of the General Provisions as they relate 
to timelines of the individual requirements is presented in Appendix A 
of the promulgation BID for the General Provisions. (This summary is 
too lengthy to include in this preamble.) The Agency considers these 
provisions to be significant because they represent the critical path 
timing constraints to be met by all affected sources.
    a. Compliance extension requests. Because Sec. 63.6(i)(12)(ii) as 
proposed only allows a source 15 days to respond to an EPA request for 
additional information on a compliance extension request, commenters 
said that the EPA should provide additional time to account for times 
when additional testing is needed or there are other circumstances that 
require additional time to prepare a response. Similarly, a 7-day 
deadline for a source to respond to a notice of an intent to deny a 
request for extension (Sec. 63.6(i)(12)(iii)(B)) or a notice that an 
application is incomplete (Sec. 63.6(i)(13)(iii)(B)) is insufficient, 
according to commenters. One commenter said that the time periods 
should be mutually agreed upon by the owner or operator and the 
permitting authority. Another commenter said that a simple mechanism 
for States to alter the timeframes of these and other notification, 
reporting, and recordkeeping provisions should be added.
    Other commenters said that the deadlines for Agency review and 
responses should be increased.
    The majority of the deadlines in Secs. 63.6(i)(12) and (i)(13) have 
been increased to allow additional time for Agency review and for 
owners or operators to provide additional information. In particular, 
Sec. 63.6(i)(13)(i) has been changed to allow the Administrator 30 days 
to notify the owner or operator in writing of approval or intention to 
deny approval of a request for an extension of compliance. Sections 
63.6(i)(12)(i) and (i)(13)(i) have been changed to allow the 
Administrator 30 days and 15 days, respectively, to notify the owner or 
operator of the status of his/her application. Sections 63.6(i)(12)(ii) 
and (i)(13)(ii) have been changed to allow the owner or operator 30 
days and 15 days, respectively, to provide additional information after 
receiving notice of an incomplete application. Sections 
63.6(i)(12)(iii)(B) and (i)(13)(iii)(B) have been changed to allow the 
owner or operator 15 days to provide additional information after 
receiving notice of an intended denial. Finally, Sec. 63.6(i)(13)(iv) 
has been revised to allow the Administrator 30 days to issue a final 
determination.
    The increased time periods for review and response may result in 
some instances where a request for an extension could be denied, 
leaving the source with very little time to demonstrate compliance 
under the existing schedule. This may be an issue for sources subject 
to the section 112(f) residual risk standards, which are to be 
promulgated 8 years after the section 112(d) MACT standards. However, 
the EPA believes that the likelihood of this scenario occurring is 
relatively remote and would only occur under a worst-case situation of 
one or more requests for additional information and both parties using 
the full time period allotted for their individual actions. In 
addition, other changes made to performance test requirements (e.g., a 
decrease in the performance test notification period and the change to 
make submission of site-specific test plans for approval at the 
Agency's discretion) will decrease the lead time required for a source 
to demonstrate compliance, thus limiting the impacts of a ``late'' 
denial of an extension request.
    Furthermore, as part of the section 112(l) approval process, State 
agencies may establish different timelines to allow better coordination 
with existing State programs, with some exceptions such as compliance 
dates. Also, as discussed in Sec. 63.9(i), an owner or operator and the 
permitting agency may mutually agree to schedule changes.
    Commenters also stated that the General Provisions should include 
provisions for a 5-year extension of compliance for installation of 
BACT or technology to attain LAER pursuant to section 112(i)(6) of the 
Act.
    In response to these comments, the EPA has revised the regulation 
to incorporate these compliance extensions. Provisions implementing 
extensions of compliance for installation of BACT or technology to meet 
LAER are included in the final rule in Sec. 63.6(i)(5).
    b. Performance test deadlines. Many commenters said that sources 
should be allowed more than 120 days from startup or other triggering 
milestones to conduct a performance test. Most suggested 180 days as a 
more appropriate time period. Hazardous air pollutant performance 
testing is perceived to be more complicated than performance testing 
for criteria pollutants. An additional argument is that the part 60 
general provisions (Sec. 60.8(a)) provide 180 days in which to conduct 
performance tests after startup and that the part 63 requirements 
should be consistent.
    The Agency agrees that, in many cases, 180 days to conduct 
performance tests may be necessary, and there is also some merit in 
having the performance testing deadlines in parts 60 and 63 be 
consistent. Therefore, the EPA has modified Sec. 63.7(a)(2) to set 
performance test deadlines within 180 days of the effective date of the 
relevant standards, the initial startup date, or the compliance date, 
as applicable.
    c. Notification of performance test. Many commenters felt that the 
Sec. 63.7(b) requirement that owners or operators submit a notification 
of a performance test 75 days before the test is scheduled to begin was 
an excessive period of time. Commenters also said that the observation 
of the test by the EPA should be optional.
    Section 63.7(b) has been revised to reduce the notification period 
to 60 days. This time period should provide sufficient notice given 
that the requirement to submit these plans for review and approval is 
now at the Administrator's discretion (see section IV.D.2.c of this 
preamble). Observation of the test by the EPA is intended to be 
optional, and the section has been revised to clarify this point. A 
similar change was made to Sec. 63.8(e)(2), notice of performance 
evaluation (for CMS) to allow a 60-day period rather than a 75-day 
period.
    In the same general vein of allowing additional time to comply with 
the performance testing requirements, the times allowed for an owner or 
operator to respond to the Administrator's request to review a site-
specific test plan under Sec. 63.7(c) and for the Administrator to 
provide a decision have been changed to allow both parties more time to 
conduct these activities. The same changes were also made to similar 
requirements related to site-specific performance evaluation plans 
under Secs. 63.8(d) and (e).
    d. Test results. Commenters said that Sec. 63.7(g) should be 
revised to allow more than 45 days for sources to submit the results of 
performance tests to the appropriate agencies.
    Section 63.7(g) has been revised to allow sources 60 days to submit 
the required performance test results to the enforcing agency.
    e. Initial notification. Several commenters said that affected 
sources should be given more than 45 days under Sec. 63.9(b) to provide 
an initial notification. In many cases, 45 days will not be enough time 
to learn of the adoption of an emission standard, determine whether the 
standard is applicable to the source, and file the initial 
notification. Many commenters suggested 120 days as a more appropriate 
period. Some noted that the EPA already has proposed under the HON to 
require the initial notification up to 120 days after the effective 
date of that rule.
    The Agency agrees that many sources will require more time than 
allowed at proposal to determine whether they are affected by 
individual standards and to file the initial notification required by 
Sec. 63.9(b). Therefore, the initial notification period in the final 
rule has been increased from 45 days to 120 days after the effective 
date of standards (or after a source becomes subject to a standard). 
For most sources, this change will enhance their ability to meet the 
initial notification requirements and will not affect their ability to 
meet other milestones, such as conducting any required performance 
testing and ensuring that the source is in compliance with the standard 
by the compliance date, which in many cases will be 3 years from the 
effective date. However, in cases where the existing source compliance 
date is considerably shorter than the 3-year maximum allowed period or 
the source in question is a new source that must comply within 180 days 
of the effective date (or startup), a shorter initial notification 
period may be set in the individual standards to accommodate those 
cases where an earlier notification would be desirable from both the 
source's and the permitting agency's perspective. As discussed in 
section IV.G.1.a of this preamble, the requirement to submit several 
pieces of information was removed from the initial notification and 
added to the compliance status report, which decreases the burden and 
time required to develop the initial notification. Therefore, the 
Agency believes that 120 days is adequate for submitting the initial 
notification.
3. Recordkeeping and Reporting
    a. Records retention--length. Several comments were received on 
Sec. 63.10(b)(1) related to the 5-year record retention period. Some 
commenters argued that: (1) The EPA has not established a need for a 5-
year period, (2) there is no statutory requirement for 5 years of 
records retention, and consistency with the part 70 provisions is not 
an adequate basis, and (3) the 5-year records retention requirement is 
in conflict with EPA policy and the Paperwork Reduction Act. Some 
commenters suggested that a 2- or 3-year period would be preferable.
    In contrast, some commenters supported the 5-year period because it 
is consistent with the part 70 provisions.
    The EPA believes that the 5-year records retention requirement is 
reasonable and needed for consistency with the part 70 permit program 
and the 5-year statute of limitations, on which the permit program 
based its requirement. The retention of records for 5 years would allow 
the EPA to establish a source's history and patterns of compliance for 
purposes of determining the appropriate level of enforcement action. 
The EPA believes, based on prior enforcement history, that the most 
flagrant violators frequently have violations extending beyond the 5-
year statute of limitations. Therefore, the EPA should not be 
artificially foreclosed, by allowing the destruction of potential 
evidence of violations, from pursuing the worst violators to the 
fullest extent of the law because of nonexistent records.
    b. Quarterly reports. Some commenters opposed the requirement that 
excess emissions and continuous monitoring systems reports must be 
submitted quarterly when the CMS data are to be used directly for 
compliance determination (Sec. 63.10(e)(3)(i)(B)). Commenters 
especially objected to this provision when ``negative'' reports (that 
show the source is in compliance) would be submitted. Instead, 
commenters believed that the reports should be submitted semiannually, 
which is consistent with the requirements of title V. In cases where 
reporting less frequently than semiannually will not compromise 
enforcement of a relevant emissions standard, commenters said that the 
EPA should allow even less frequent reporting.
    Other commenters suggested that all sources should be required to 
report quarterly. According to these commenters, allowing sources to 
report quarterly at first and later switch to a semiannual or quarterly 
schedule, depending on compliance status and history, would be 
confusing and difficult for States to administer. Furthermore, the 
commenters suggested that only sources that have demonstrated 
compliance with all requirements of the Act should be allowed to reduce 
their reporting frequency.
    Some commenters stated that if the Agency's current approach is 
adopted, any request to reduce the frequency of reporting should be 
deemed approved unless expressly denied within 30 days. Other 
commenters said that the Sec. 63.10(e)(3)(iii) requirement that the 
source provide written notification of a reduction in reporting 
frequency is unwarranted and should be eliminated. Instead, these 
commenters suggested that the reduction should automatically occur 
after a year of compliance.
    One commenter said that 1 year of data is insufficient to use as a 
basis for reducing the frequency of reports, while another said that it 
is inappropriate to use more than the previous year of data collected.
    In consideration of these comments, Sec. 63.10(e)(3)(i) has been 
revised to allow semiannual reports for sources that are using CMS data 
for compliance but have no excess emissions to report. Quarterly 
reports still are required when excess emissions occur at sources that 
use CMS data for compliance, and the frequency of reporting may be 
reduced only through the procedures described in Sec. 63.10(e)(3)(ii). 
The Administrator believes that this change will reduce the number of 
reports and the burden on sources.
    Section 63.10(e)(3)(iii) has been revised to clarify that, in the 
absence of a notice of disapproval of a request to reduce the frequency 
of excess emissions and continuous monitoring systems reports within 45 
days, approval is granted. However, the Administrator believes that 
excess emissions and compliance parameter monitoring reports are a 
critical enforcement tool and that any reductions in their frequency 
should be considered carefully by the implementing agency.
    As for the comment that 1 year of data may be inappropriate to use 
in evaluating a request for a reduction in frequency, the 1-year period 
is the minimum required for a source to submit a request. Up to 5 years 
of data may be considered, at the Administrator's discretion. Because 
of the potential variability among sources and the possible issues 
associated with an individual source's compliance status (e.g., a 
history of noncompliance), it is important to preserve the 
Administrator's discretion in reviewing more extensive data to make a 
determination.
    The EPA is committed to identifying ways to increase industry's 
flexibility to comply with the part 63 General Provisions where it does 
not impair achieving environmental objectives. As such, the provisions 
that allow for a reduction in reporting burden are appropriate. (The 
part 70 operating permit provisions preclude the EPA from allowing 
sources to report less frequently than semiannually.) However, the EPA 
believes that the burden should be on sources to demonstrate ongoing 
compliance with applicable standards prior to considering a request to 
reduce the reporting frequency. While the EPA is sensitive to the 
possible difficulty that sources and States might face in tracking 
varying reporting schedules, the specific conditions in title V 
operating permits are intended, in part, to help address the 
variability among sources.

V. Administrative Requirements

A. Docket

    The docket for this rulemaking is A-91-09. The docket is an 
organized and complete file of all the information submitted to or 
otherwise considered by the EPA in the development of this rulemaking. 
The principal purposes of the docket are: (1) To allow interested 
parties a means to identify and locate documents so that they can 
effectively participate in the rulemaking process; and (2) to serve as 
the record in case of judicial review (except for interagency review 
materials) (section 307(d)(7)(A) of the Act). The docket is available 
for public inspection at the EPA's Air and Radiation Docket and 
Information Center, the location of which is given in the ADDRESSES 
section of this notice.

B. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether a regulation is ``significant'' and therefore 
subject to Office of Management and Budget (OMB) review and the 
requirements of the Executive Order. The criteria set forth in section 
1 of the Order for determining whether a regulation is a significant 
rule are as follows:
    (1) Is likely to have an annual effect on the economy of $100 
million or more, or adversely and materially affect a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Is likely to create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency;
    (3) Is likely to materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligation of recipients thereof; or
    (4) Is likely to raise novel or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, the OMB has 
notified the EPA that this action is a ``significant regulatory 
action'' within the meaning of the Executive Order. For this reason, 
this action was submitted to the OMB for review. Changes made in 
response to the OMB suggestions or recommendations will be documented 
in the public record.
    Any written comments from the OMB to the EPA and any written EPA 
response to any of those comments will be included in the docket listed 
at the beginning of today's notice under ADDRESSES. The docket is 
available for public inspection at the EPA's Air and Radiation Docket 
and Information Center, (6102), ATTN: Docket No. A-91-09, U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.

C. Paperwork Reduction Act

    As required by the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., the OMB must clear any reporting and recordkeeping requirements 
that qualify as an ``information collection request'' under the PRA. 
Approval of an information collection request is not required for this 
rulemaking because, for sources affected by section 112 only, the 
General Provisions do not require any activities until source category-
specific standards have been promulgated or until title V permit 
programs become effective. The actual recordkeeping and reporting 
burden that would be imposed by the General Provisions for each source 
category covered by part 63 will be estimated when a standard 
applicable to such category is promulgated.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires that a Regulatory 
Flexibility Analysis be performed for all rules that have ``significant 
impact on a substantial number of small entities.'' Small entities are 
small businesses, organizations, and governmental jurisdictions. This 
analysis is not necessary for this rulemaking, however, because it is 
unknown at this time which requirements from the General Provisions 
will be applicable to any particular source category, whether such 
category includes small businesses, and how significant the impacts of 
those requirements would be on small businesses. Impacts on small 
entities associated with the General Provisions will be assessed when 
emission standards affecting those sources are developed.

List of Subjects

40 CFR Part 60

    Environmental Protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Incorporation by reference.

40 CFR Part 61

    Air pollution control, Hazardous substances, Reporting and 
recordkeeping requirements, Incorporation by reference.

40 CFR Part 63

    Environmental Protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Incorporation by reference, Reporting and recordkeeping 
requirements.


    Dated: February 28, 1994.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, chapter I of title 40 of 
the Code of Federal Regulations is amended as follows.


PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

    1. The authority citation for part 60 continues to read as follows:

    Authority: Sections 101, 111, 114, 116, and 301 of the Clean Air 
Act as amended (42 U.S.C. 7401, 7411, 7414, 7416, 7601).

    2. Section 60.1 is amended by adding paragraph (c) to read as 
follows:


Sec. 60.1  Applicability.

* * * * *
    (c) In addition to complying with the provisions of this part, the 
owner or operator of an affected facility may be required to obtain an 
operating permit issued to stationary sources by an authorized State 
air pollution control agency or by the Administrator of the U.S. 
Environmental Protection Agency (EPA) pursuant to title V of the Clean 
Air Act (Act) as amended November 15, 1990 (42 U.S.C. 7661). For more 
information about obtaining an operating permit see part 70 of this 
chapter.
    3. Section 60.2 is amended by revising the definitions of ``Act'' 
and ``Malfunction'' and by adding in alphabetical order the definitions 
``Approved permit program,'' ``Issuance,'' ``Part 70 permit,'' ``Permit 
program,'' ``Permitting authority,'' ``State,'' ``Stationary source,'' 
and ``Title V permit'' to read as follows:


Sec. 60.2  Definitions.

* * * * *
    Act means the Clean Air Act (42 U.S.C. 7401 et seq.)
* * * * *
    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).
* * * * *
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When 
the EPA is the permitting authority, issuance of a title V permit 
occurs immediately after the EPA takes final action on the final 
permit.
* * * * *
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused in part by poor maintenance or careless 
operation are not malfunctions.
* * * * *
    Part 70 permit means any permit issued, renewed, or revised 
pursuant to part 70 of this chapter.
* * * * *
    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 Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
    Permitting authority means:
    (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).
* * * * *
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement: (1) The provisions of this part; and/or (2) the 
permit program established under part 70 of this chapter. The term 
State shall have its conventional meaning where clear from the context.
    Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant.
* * * * *
    Title V permit means any permit issued, renewed, or revised 
pursuant to Federal or State regulations established to implement title 
V of the Act (42 U.S.C. 7661). A title V permit issued by a State 
permitting authority is called a part 70 permit in this part.
* * * * *
    4. In Sec. 60.7, paragraphs (e), (f), and (g) are redesignated as 
paragraphs (f), (g), and (h), respectively, and new paragraph (e) is 
added to read as follows:


Sec. 60.7  Notification and recordkeeping.

* * * * *
    (e)(1) Notwithstanding the frequency of reporting requirements 
specified in paragraph (c) of this section, an owner or operator who is 
required by an applicable subpart to submit excess emissions and 
monitoring systems performance reports (and summary reports) on a 
quarterly (or more frequent) basis may reduce the frequency of 
reporting for that standard to semiannual if the following conditions 
are met:
    (i) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods) the affected facility's excess emissions and monitoring 
systems reports submitted to comply with a standard under this part 
continually demonstrate that the facility is in compliance with the 
applicable standard;
    (ii) The owner or operator continues to comply with all 
recordkeeping and monitoring requirements specified in this subpart and 
the applicable standard; and
    (iii) The Administrator does not object to a reduced frequency of 
reporting for the affected facility, as provided in paragraph (e)(2) of 
this section.
    (2) The frequency of reporting of excess emissions and monitoring 
systems performance (and summary) reports may be reduced only after the 
owner or operator notifies the Administrator in writing of his or her 
intention to make such a change and the Administrator does not object 
to the intended change. In deciding whether to approve a reduced 
frequency of reporting, the Administrator may review information 
concerning the source's entire previous performance history during the 
required recordkeeping period prior to the intended change, including 
performance test results, monitoring data, and evaluations of an owner 
or operator's conformance with operation and maintenance requirements. 
Such information may be used by the Administrator to make a judgment 
about the source's potential for noncompliance in the future. If the 
Administrator disapproves the owner or operator's request to reduce the 
frequency of reporting, the Administrator will notify the owner or 
operator in writing within 45 days after receiving notice of the owner 
or operator's intention. The notification from the Administrator to the 
owner or operator will specify the grounds on which the disapproval is 
based. In the absence of a notice of disapproval within 45 days, 
approval is automatically granted.
    (3) As soon as monitoring data indicate that the affected facility 
is not in compliance with any emission limitation or operating 
parameter specified in the applicable standard, the frequency of 
reporting shall revert to the frequency specified in the applicable 
standard, and the owner or operator shall submit an excess emissions 
and monitoring systems performance report (and summary report, if 
required) at the next appropriate reporting period following the 
noncomplying event. After demonstrating compliance with the applicable 
standard for another full year, the owner or operator may again request 
approval from the Administrator to reduce the frequency of reporting 
for that standard as provided for in paragraphs (e)(1) and (e)(2) of 
this section.
    5. Section 60.19 is added to subpart A to read as follows:


Sec. 60.19  General notification and reporting requirements.

    (a) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (b) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, report, or other written communication to 
the Administrator, the owner or operator shall postmark the submittal 
on or before the number of days specified in the applicable 
requirement. For example, if a notification must be submitted 15 days 
before a particular event is scheduled to take place, the notification 
shall be postmarked on or before 15 days preceding the event; likewise, 
if a notification must be submitted 15 days after a particular event 
takes place, the notification shall be delivered or postmarked on or 
before 15 days following the end of the event. The use of reliable non-
Government mail carriers that provide indications of verifiable 
delivery of information required to be submitted to the Administrator, 
similar to the postmark provided by the U.S. Postal Service, or 
alternative means of delivery agreed to by the permitting authority, is 
acceptable.
    (c) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in paragraph (f) of this section.
    (d) If an owner or operator of an affected facility in a State with 
delegated authority is required to submit periodic reports under this 
part to the State, and if the State has an established timeline for the 
submission of periodic reports that is consistent with the reporting 
frequency(ies) specified for such facility under this part, the owner 
or operator may change the dates by which periodic reports under this 
part shall be submitted (without changing the frequency of reporting) 
to be consistent with the State's schedule by mutual agreement between 
the owner or operator and the State. The allowance in the previous 
sentence applies in each State beginning 1 year after the affected 
facility is required to be in compliance with the applicable subpart in 
this part. Procedures governing the implementation of this provision 
are specified in paragraph (f) of this section.
    (e) If an owner or operator supervises one or more stationary 
sources affected by standards set under this part and standards set 
under part 61, part 63, or both such parts of this chapter, he/she may 
arrange by mutual agreement between the owner or operator and the 
Administrator (or the State with an approved permit program) a common 
schedule on which periodic reports required by each applicable standard 
shall be submitted throughout the year. The allowance in the previous 
sentence applies in each State beginning 1 year after the stationary 
source is required to be in compliance with the applicable subpart in 
this part, or 1 year after the stationary source is required to be in 
compliance with the applicable 40 CFR part 61 or part 63 of this 
chapter standard, whichever is latest. Procedures governing the 
implementation of this provision are specified in paragraph (f) of this 
section.
    (f)(1)(i) Until an adjustment of a time period or postmark deadline 
has been approved by the Administrator under paragraphs (f)(2) and 
(f)(3) of this section, the owner or operator of an affected facility 
remains strictly subject to the requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (f)(2) and (f)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 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 practicable 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.
    (3) 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 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) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

    6. The authority citation for part 61 continues to read as follows:

    Authority: Sections 101, 112, 114, 116, and 301 of the Clean Air 
Act as amended (42 U.S.C. 7401, 7412, 7414, 7416, 7601).

    7. Section 61.01 is amended by adding paragraph (d) to read as 
follows:


Sec. 61.01  List of pollutants and applicability of part 61.

* * * * *
    (d) In addition to complying with the provisions of this part, the 
owner or operator of a stationary source subject to a standard in this 
part may be required to obtain an operating permit issued to stationary 
sources by an authorized State air pollution control agency or by the 
Administrator of the U.S. Environmental Protection Agency (EPA) 
pursuant to title V of the Clean Air Act (Act) as amended November 15, 
1990 (42 U.S.C. 7661). For more information about obtaining an 
operating permit see part 70 of this chapter.
* * * * *
    8. Section 61.02 is amended by adding in alphabetical order the 
definitions ``Approved permit program,'' ``Issuance,'' ``Part 70 
permit,'' ``Permit program,'' ``Permitting authority,'' ``State,'' and 
``Title V permit'' to read as follows:


Sec. 61.02  Definitions.

* * * * *
    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).
* * * * *
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When 
the EPA is the permitting authority, issuance of a title V permit 
occurs immediately after the EPA takes final action on the final 
permit.
* * * * *
    Part 70 permit means any permit issued, renewed, or revised 
pursuant to part 70 of this chapter.
* * * * *
    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 Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
* * * * *
    Permitting authority means:
    (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).
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement:
    (1) The provisions of this part; and/or
    (2) The permit program established under part 70 of this chapter. 
The term State shall have its conventional meaning where clear from the 
context.
* * * * *
    Title V permit means any permit issued, renewed, or revised 
pursuant to Federal or State regulations established to implement title 
V of the Act (42 U.S.C. 7661). A title V permit issued by a State 
permitting authority is called a part 70 permit in this part.
* * * * *
    9. Section 61.10 is amended by adding paragraphs (e) through (j) to 
read as follows:


Sec. 61.10  Source reporting and waiver request.

* * * * *
    (e) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (f) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, report, or other written communication to 
the Administrator, the owner or operator shall postmark the submittal 
on or before the number of days specified in the applicable 
requirement. For example, if a notification must be submitted 15 days 
before a particular event is scheduled to take place, the notification 
shall be postmarked on or before 15 days preceding the event; likewise, 
if a notification must be submitted 15 days after a particular event 
takes place, the notification shall be postmarked on or before 15 days 
following the end of the event. The use of reliable non-Government mail 
carriers that provide indications of verifiable delivery of information 
required to be submitted to the Administrator, similar to the postmark 
provided by the U.S. Postal Service, or alternative means of delivery 
agreed to by the permitting authority, is acceptable.
    (g) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in paragraph (j) of this section.
    (h) If an owner or operator of a stationary source in a State with 
delegated authority is required to submit reports under this part to 
the State, and if the State has an established timeline for the 
submission of reports that is consistent with the reporting 
frequency(ies) specified for such source under this part, the owner or 
operator may change the dates by which reports under this part shall be 
submitted (without changing the frequency of reporting) to be 
consistent with the State's schedule by mutual agreement between the 
owner or operator and the State. The allowance in the previous sentence 
applies in each State beginning 1 year after the source is required to 
be in compliance with the applicable subpart in this part. Procedures 
governing the implementation of this provision are specified in 
paragraph (j) of this section.
    (i) If an owner or operator supervises one or more stationary 
sources affected by standards set under this part and standards set 
under part 60, part 63, or both such parts of this chapter, he/she may 
arrange by mutual agreement between the owner or operator and the 
Administrator (or the State with an approved permit program) a common 
schedule on which reports required by each applicable standard shall be 
submitted throughout the year. The allowance in the previous sentence 
applies in each State beginning 1 year after the source is required to 
be in compliance with the applicable subpart in this part, or 1 year 
after the source is required to be in compliance with the applicable 
part 60 or part 63 standard, whichever is latest. Procedures governing 
the implementation of this provision are specified in paragraph (j) of 
this section.
    (j)(1)(i) Until an adjustment of a time period or postmark deadline 
has been approved by the Administrator under paragraphs (j)(2) and 
(j)(3) of this section, the owner or operator of an affected source 
remains strictly subject to the requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (j)(2) and (j)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 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 practicable 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.
    (3) 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 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) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

    Authority: Sections 101, 112, 114, 116, and 301 of the Clean Air 
Act as amended by Pub. L. 101-549 (42 U.S.C. 7401, 7412, 7414, 7416, 
7601).

    11. Part 63 is amended by adding subpart A to read as follows:

Subpart A--General Provisions

Sec.
63.1  Applicability.
63.2  Definitions.
63.3  Units and abbreviations.
63.4  Prohibited activities and circumvention.
63.5  Construction and reconstruction.
63.6  Compliance with standards and maintenance requirements.
63.7  Performance testing requirements.
63.8  Monitoring requirements.
63.9  Notification requirements.
63.10  Recordkeeping and reporting requirements.
63.11  Control device requirements.
63.12  State authority and delegations.
63.13  Addresses of State air pollution control agencies and EPA 
Regional Offices.
63.14  Incorporations by reference.
63.15  Availability of information and confidentiality.

Subpart A--General Provisions


Sec. 63.1  Applicability.

    (a) General. (1) Terms used throughout this part are defined in 
Sec. 63.2 or in the Clean Air Act (Act) as amended in 1990, except that 
individual subparts of this part may include specific definitions in 
addition to or that supersede definitions in Sec. 63.2.
    (2) This part contains national emission standards for hazardous 
air pollutants (NESHAP) established pursuant to section 112 of the Act 
as amended November 15, 1990. These standards regulate specific 
categories of stationary sources that emit (or have the potential to 
emit) one or more hazardous air pollutants listed in this part pursuant 
to section 112(b) of the Act. This section explains the applicability 
of such standards to sources affected by them. The standards in this 
part are independent of NESHAP contained in 40 CFR part 61. The NESHAP 
in part 61 promulgated by signature of the Administrator before 
November 15, 1990 (i.e., the date of enactment of the Clean Air Act 
Amendments of 1990) remain in effect until they are amended, if 
appropriate, and added to this part.
    (3) No emission standard or other requirement established under 
this part shall be interpreted, construed, or applied to diminish or 
replace the requirements of a more stringent emission limitation or 
other applicable requirement established by the Administrator pursuant 
to other authority of the Act (including those requirements in part 60 
of this chapter), or a standard issued under State authority.
    (4) The provisions of this subpart (i.e., subpart A of this part) 
apply to owners or operators who are subject to subsequent subparts of 
this part, except when otherwise specified in a particular subpart or 
in a relevant standard. The general provisions in subpart A eliminate 
the repetition of requirements applicable to all owners or operators 
affected by this part. The general provisions in subpart A do not apply 
to regulations developed pursuant to section 112(r) of the amended Act, 
unless otherwise specified in those regulations.
    (5) [Reserved]
    (6) To obtain the most current list of categories of sources to be 
regulated under section 112 of the Act, or to obtain the most recent 
regulation promulgation schedule established pursuant to section 112(e) 
of the Act, contact the Office of the Director, Emission Standards 
Division, Office of Air Quality Planning and Standards, U.S. EPA (MD-
13), Research Triangle Park, North Carolina 27711.
    (7) Subpart D of this part contains regulations that address 
procedures for an owner or operator to obtain an extension of 
compliance with a relevant standard through an early reduction of 
emissions of hazardous air pollutants pursuant to section 112(i)(5) of 
the Act.
    (8) Subpart E of this part contains regulations that provide for 
the establishment of procedures consistent with section 112(l) of the 
Act for the approval of State rules or programs to implement and 
enforce applicable Federal rules promulgated under the authority of 
section 112. Subpart E also establishes procedures for the review and 
withdrawal of section 112 implementation and enforcement authorities 
granted through a section 112(l) approval.
    (9) [Reserved]
    (10) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (11) For the purposes of this part, if an explicit postmark 
deadline is not specified in an applicable requirement for the 
submittal of a notification, application, test plan, report, or other 
written communication to the Administrator, the owner or operator shall 
postmark the submittal on or before the number of days specified in the 
applicable requirement. For example, if a notification must be 
submitted 15 days before a particular event is scheduled to take place, 
the notification shall be postmarked on or before 15 days preceding the 
event; likewise, if a notification must be submitted 15 days after a 
particular event takes place, the notification shall be postmarked on 
or before 15 days following the end of the event. The use of reliable 
non-Government mail carriers that provide indications of verifiable 
delivery of information required to be submitted to the Administrator, 
similar to the postmark provided by the U.S. Postal Service, or 
alternative means of delivery agreed to by the permitting authority, is 
acceptable.
    (12) Notwithstanding time periods or postmark deadlines specified 
in this part for the submittal of information to the Administrator by 
an owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in Sec. 63.9(i).
    (13) Special provisions set forth under an applicable subpart of 
this part or in a relevant standard established under this part shall 
supersede any conflicting provisions of this subpart.
    (14) Any standards, limitations, prohibitions, or other federally 
enforceable requirements established pursuant to procedural regulations 
in this part [including, but not limited to, equivalent emission 
limitations established pursuant to section 112(g) of the Act] shall 
have the force and effect of requirements promulgated in this part and 
shall be subject to the provisions of this subpart, except when 
explicitly specified otherwise.
    (b) Initial applicability determination for this part. (1) The 
provisions of this part apply to the owner or operator of any 
stationary source that--
    (i) Emits or has the potential to emit any hazardous air pollutant 
listed in or pursuant to section 112(b) of the Act; and
    (ii) Is subject to any standard, limitation, prohibition, or other 
federally enforceable requirement established pursuant to this part.
    (2) In addition to complying with the provisions of this part, the 
owner or operator of any such source may be required to obtain an 
operating permit issued to stationary sources by an authorized State 
air pollution control agency or by the Administrator of the U.S. 
Environmental Protection Agency (EPA) pursuant to title V of the Act 
(42 U.S.C. 7661). For more information about obtaining an operating 
permit, see part 70 of this chapter.
    (3) An owner or operator of a stationary source that emits (or has 
the potential to emit, without considering controls) one or more 
hazardous air pollutants who determines that the source is not subject 
to a relevant standard or other requirement established under this 
part, shall keep a record of the applicability determination as 
specified in Sec. 63.10(b)(3) of this subpart.
    (c) Applicability of this part after a relevant standard has been 
set under this part. (1) If a relevant standard has been established 
under this part, the owner or operator of an affected source shall 
comply with the provisions of this subpart and the provisions of that 
standard, except as specified otherwise in this subpart or that 
standard.
    (2) If a relevant standard has been established under this part, 
the owner or operator of an affected source may be required to obtain a 
title V permit from the permitting authority in the State in which the 
source is located. Emission standards promulgated in this part for area 
sources will specify whether--
    (i) States will have the option to exclude area sources affected by 
that standard from the requirement to obtain a title V permit (i.e., 
the standard will exempt the category of area sources altogether from 
the permitting requirement);
    (ii) States will have the option to defer permitting of area 
sources in that category until the Administrator takes rulemaking 
action to determine applicability of the permitting requirements; or
    (iii) Area sources affected by that emission standard are 
immediately subject to the requirement to apply for and obtain a title 
V permit in all States. If a standard fails to specify what the 
permitting requirements will be for area sources affected by that 
standard, then area sources that are subject to the standard will be 
subject to the requirement to obtain a title V permit without deferral. 
If the owner or operator is required to obtain a title V permit, he or 
she shall apply for such permit in accordance with part 70 of this 
chapter and applicable State regulations, or in accordance with the 
regulations contained in this chapter to implement the Federal title V 
permit program (42 U.S.C. 7661), whichever regulations are applicable.
    (3) [Reserved]
    (4) If the owner or operator of an existing source obtains an 
extension of compliance for such source in accordance with the 
provisions of subpart D of this part, the owner or operator shall 
comply with all requirements of this subpart except those requirements 
that are specifically overridden in the extension of compliance for 
that source.
    (5) If an area source that otherwise would be subject to an 
emission standard or other requirement established under this part if 
it were a major source subsequently increases its emissions of 
hazardous air pollutants (or its potential to emit hazardous air 
pollutants) such that the source is a major source that is subject to 
the emission standard or other requirement, such source also shall be 
subject to the notification requirements of this subpart.
    (d) [Reserved]
    (e) Applicability of permit program before a relevant standard has 
been set under this part. After the effective date of an approved 
permit program in the State in which a stationary source is (or would 
be) located, the owner or operator of such source may be required to 
obtain a title V permit from the permitting authority in that State (or 
revise such a permit if one has already been issued to the source) 
before a relevant standard is established under this part. If the owner 
or operator is required to obtain (or revise) a title V permit, he/she 
shall apply to obtain (or revise) such permit in accordance with the 
regulations contained in part 70 of this chapter and applicable State 
regulations, or the regulations codified in this chapter to implement 
the Federal title V permit program (42 U.S.C. 7661), whichever 
regulations are applicable.


Sec. 63.2  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Pub. L. 101-549, 104 Stat. 2399).
    Actual emissions is defined in subpart D of this part for the 
purpose of granting a compliance extension for an early reduction of 
hazardous air pollutants.
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this part).
    Affected source, for the purposes of this part, means 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 section 112 of the Act. Each 
relevant standard will define the ``affected source'' for the purposes 
of that standard. The term ``affected source,'' as used in this part, 
is separate and distinct from any other use of that term in EPA 
regulations such as those implementing title IV of the Act. Sources 
regulated under part 60 or part 61 of this chapter are not affected 
sources for the purposes of part 63.
    Alternative emission limitation means conditions established 
pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the 
Administrator or by a State with an approved permit program.
    Alternative emission standard means an alternative means of 
emission limitation that, after notice and opportunity for public 
comment, has been demonstrated by an owner or operator to the 
Administrator's satisfaction to achieve a reduction in emissions of any 
air pollutant at least equivalent to the reduction in emissions of such 
pollutant achieved under a relevant design, equipment, work practice, 
or operational emission standard, or combination thereof, established 
under this part pursuant to section 112(h) of the Act.
    Alternative test method means any method of sampling and analyzing 
for an air pollutant that is not a test method in this chapter and that 
has been demonstrated to the Administrator's satisfaction, using Method 
301 in Appendix A of this part, to produce results adequate for the 
Administrator's determination that it may be used in place of a test 
method specified in 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).
    Area source means any stationary source of hazardous air pollutants 
that is not a major source as defined in this part.
    Commenced means, with respect to construction or reconstruction of 
a stationary source, that an owner or operator has undertaken a 
continuous program of construction or reconstruction or that an owner 
or operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of 
construction or reconstruction.
    Compliance date means the date by which an affected 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 section 112 of the Act.
    Compliance plan means a plan that contains all of the following:
    (1) A description of the compliance status of the affected source 
with respect to all applicable requirements established under this 
part;
    (2) A description as follows: (i) For applicable requirements for 
which the source is in compliance, a statement that the source will 
continue to comply with such requirements;
    (ii) For applicable requirements that the source is required to 
comply with by a future date, a statement that the source will meet 
such requirements on a timely basis;
    (iii) For applicable requirements for which the source is not in 
compliance, a narrative description of how the source will achieve 
compliance with such requirements on a timely basis;
    (3) A compliance schedule, as defined in this section; and
    (4) A schedule for the submission of certified progress reports no 
less frequently than every 6 months for affected sources required to 
have a schedule of compliance to remedy a violation.
    Compliance schedule means: (1) In the case of an affected source 
that is in compliance with all applicable requirements established 
under this part, a statement that the source will continue to comply 
with such requirements; or
    (2) In the case of an affected source that is required to comply 
with applicable requirements by a future date, a statement that the 
source will meet such requirements on a timely basis and, if required 
by an applicable requirement, a detailed schedule of the dates by which 
each step toward compliance will be reached; or
    (3) In the case of an affected source not in compliance with all 
applicable requirements established under this part, a schedule of 
remedial measures, including an enforceable sequence of actions or 
operations with milestones and a schedule for the submission of 
certified progress reports, where applicable, leading to compliance 
with a relevant standard, limitation, prohibition, or any federally 
enforceable requirement established pursuant to section 112 of the Act 
for which the affected source is not in compliance. 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.
    Construction means the on-site fabrication, erection, or 
installation of an affected source.
    Continuous emission monitoring system (CEMS) 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 emissions.
    Continuous monitoring system (CMS) is a comprehensive term that may 
include, but is not limited to, continuous emission monitoring systems, 
continuous opacity monitoring systems, continuous parameter monitoring 
systems, or other manual or automatic monitoring that is used for 
demonstrating compliance with an applicable regulation on a continuous 
basis as defined by the regulation.
    Continuous opacity monitoring system (COMS) means a continuous 
monitoring system that measures the opacity of emissions.
    Continuous parameter monitoring system 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.
    Effective date means: (1) With regard to an emission standard 
established under this part, the date of promulgation in the Federal 
Register of such standard; or
    (2) With regard to an alternative emission limitation or equivalent 
emission limitation determined by the Administrator (or a State with an 
approved permit program), the date that the alternative emission 
limitation or equivalent emission limitation becomes effective 
according to the provisions of this part. The effective date of a 
permit program established under title V of the Act (42 U.S.C. 7661) is 
determined according to the regulations in this chapter establishing 
such programs.
    Emission standard means a national standard, limitation, 
prohibition, or other regulation promulgated in a subpart of this part 
pursuant to sections 112(d), 112(h), or 112(f) of the Act.
    Emissions averaging is a way to comply with the emission 
limitations specified in a relevant standard, whereby an affected 
source, if allowed under a subpart of this part, may create emission 
credits by reducing emissions from specific points to a level below 
that required by the relevant standard, and those credits are used to 
offset emissions from points that are not controlled to the level 
required by the relevant standard.
    EPA means the United States Environmental Protection Agency.
    Equivalent emission limitation means the maximum achievable control 
technology emission limitation (MACT emission limitation) for hazardous 
air pollutants that the Administrator (or a State with an approved 
permit program) determines on a case-by-case basis, pursuant to section 
112(g) or section 112(j) of the Act, to be equivalent to the emission 
standard that would apply to an affected source if such standard had 
been promulgated by the Administrator under this part pursuant to 
section 112(d) or section 112(h) of the Act.
    Excess emissions and continuous monitoring system performance 
report is a report that must be submitted periodically by an affected 
source in order to provide data on its compliance with relevant 
emission limits, operating parameters, and the performance of its 
continuous parameter monitoring systems.
    Existing source means any affected source that is not a new source.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator and citizens under the Act or that are 
enforceable under other statutes administered by the Administrator. 
Examples of federally enforceable limitations and conditions include, 
but are not limited to:
    (1) Emission standards, alternative emission standards, alternative 
emission limitations, and equivalent emission limitations established 
pursuant to section 112 of the Act as amended in 1990;
    (2) New source performance standards established pursuant to 
section 111 of the Act, and emission standards established pursuant to 
section 112 of the Act before it was amended in 1990;
    (3) All terms and conditions in a title V permit, including any 
provisions that limit a source's potential to emit, unless expressly 
designated as not federally enforceable;
    (4) Limitations and conditions that are part of an approved State 
Implementation Plan (SIP) or a Federal Implementation Plan (FIP);
    (5) Limitations and conditions that are part of a Federal 
construction permit issued under 40 CFR 52.21 or any construction 
permit issued under regulations approved by the EPA in accordance with 
40 CFR part 51;
    (6) Limitations and conditions that are part of an operating permit 
issued pursuant to a program approved by the EPA into a SIP as meeting 
the EPA's minimum criteria for Federal enforceability, including 
adequate notice and opportunity for EPA and public comment prior to 
issuance of the final permit and practicable enforceability;
    (7) Limitations and conditions in a State rule or program that has 
been approved by the EPA under subpart E of this part for the purposes 
of implementing and enforcing section 112; and
    (8) Individual consent agreements that the EPA has legal authority 
to create.
    Fixed capital cost means the capital needed to provide all the 
depreciable components of an existing source.
    Fugitive emissions means those emissions from a stationary source 
that could not reasonably pass through a stack, chimney, vent, or other 
functionally equivalent opening. Under section 112 of the Act, all 
fugitive emissions are to be considered in determining whether a 
stationary source is a major source.
    Hazardous air pollutant means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When 
the EPA is the permitting authority, issuance of a title V permit 
occurs immediately after the EPA takes final action on the final 
permit.
    Lesser quantity means a quantity of a hazardous air pollutant that 
is or may be emitted by a stationary source that the Administrator 
establishes in order to define a major source under an applicable 
subpart of this part.
    Major source means 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 considering controls, in the 
aggregate, 10 tons per year or more of any hazardous air pollutant or 
25 tons per year or more of any combination of hazardous air 
pollutants, unless the Administrator establishes a lesser quantity, or 
in the case of radionuclides, different criteria from those specified 
in this sentence.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused in part by poor maintenance or careless 
operation are not malfunctions.
    New source means any affected source the construction or 
reconstruction of which is commenced after the Administrator first 
proposes a relevant emission standard under this part.
    One-hour period, unless otherwise defined in an applicable subpart, 
means any 60-minute period commencing on the hour.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background. For 
continuous opacity monitoring systems, opacity means the fraction of 
incident light that is attenuated by an optical medium.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a stationary source.
    Part 70 permit means any permit issued, renewed, or revised 
pursuant to part 70 of this chapter.
    Performance audit means a procedure to analyze blind samples, the 
content of which is known by the Administrator, simultaneously with the 
analysis of performance test samples in order to provide a measure of 
test data quality.
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    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 modification means a change to a title V permit as defined 
in regulations codified in this chapter to implement title V of the Act 
(42 U.S.C. 7661).
    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 Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
    Permit revision means any permit modification or administrative 
permit amendment to a title V permit as defined in regulations codified 
in this chapter to implement title V of the Act (42 U.S.C. 7661).
    Permitting authority means: (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).
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a 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 or the effect it would have on emissions 
is federally enforceable.
    Reconstruction means the replacement of components of an affected 
or a previously unaffected stationary source to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the relevant standard(s) established by 
the Administrator (or a State) pursuant to section 112 of the Act. Upon 
reconstruction, an affected source, or a stationary source that becomes 
an affected source, is subject to relevant standards for new sources, 
including compliance dates, irrespective of any change in emissions of 
hazardous air pollutants from that source.
    Regulation promulgation schedule means the schedule for the 
promulgation of emission standards under this part, established by the 
Administrator pursuant to section 112(e) of the Act and published in 
the Federal Register.
    Relevant standard means:
    (1) An emission standard;
    (2) An alternative emission standard;
    (3) An alternative emission limitation; or
    (4) An equivalent emission limitation established pursuant to 
section 112 of the Act that applies to the stationary source, the group 
of stationary sources, or the portion of a stationary source regulated 
by such standard or limitation.

A relevant standard may include or consist of a design, equipment, work 
practice, or operational requirement, or other measure, process, 
method, system, or technique (including prohibition of emissions) that 
the Administrator (or a State) establishes for new or existing sources 
to which such standard or limitation applies. Every relevant standard 
established pursuant to section 112 of the Act includes subpart A of 
this part and all applicable appendices of this part or of other parts 
of this chapter that are referenced in that standard.
    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 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 Administrator.
    (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 the EPA).
    (4) For affected sources (as defined in this part) applying for or 
subject to a title V permit: ``responsible official'' shall have the 
same meaning as defined in part 70 or Federal title V regulations in 
this chapter (42 U.S.C. 7661), whichever is applicable.
    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.
    Shutdown means the cessation of operation of an affected source for 
any purpose.
    Six-minute period means, with respect to opacity determinations, 
any one of the 10 equal parts of a 1-hour period.
    Standard conditions means a temperature of 293 K (68 deg. F) and a 
pressure of 101.3 kilopascals (29.92 in. Hg).
    Startup means the setting in operation of an affected source for 
any purpose.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement: (1) The provisions of this part and/or (2) the 
permit program established under part 70 of this chapter. The term 
State shall have its conventional meaning where clear from the context.
    Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant.
    Test method means the validated procedure for sampling, preparing, 
and analyzing for an air pollutant specified in a relevant standard as 
the performance test procedure. The test method may include methods 
described in an appendix of this chapter, test methods incorporated by 
reference in this part, or methods validated for an application through 
procedures in Method 301 of Appendix A of this part.
    Title V permit means any permit issued, renewed, or revised 
pursuant to Federal or State regulations established to implement title 
V of the Act (42 U.S.C. 7661). A title V permit issued by a State 
permitting authority is called a part 70 permit in this part.
    Visible emission means the observation of an emission of opacity or 
optical density above the threshold of vision.


Sec. 63.3   Units and abbreviations.

    Used in this part are abbreviations and symbols of units of 
measure. These are defined as follows:
    (a) System International (SI) units of measure:

A = ampere
g = gram
Hz = hertz
J = joule
 deg.K = degree Kelvin
kg = kilogram
l = liter
m = meter
m\3\ = cubic meter
mg = milligram = 10-3 gram
ml = milliliter = 10-3 liter
mm = millimeter = 10-3 meter
Mg = megagram = 10\6\ gram = metric ton
MJ = megajoule
mol = mole
N = newton
ng = nanogram = 10-9 gram
nm = nanometer = 10-9 meter
Pa = pascal
s = second
V = volt
W = watt
 = ohm
g = microgram = 10-6 gram
l = microliter = 10-6 liter

    (b) Other units of measure:

Btu = British thermal unit
 deg.C = degree Celsius (centigrade)
cal = calorie
cfm = cubic feet per minute
cc = cubic centimeter
cu ft = cubic feet
d = day
dcf = dry cubic feet
dcm = dry cubic meter
dscf = dry cubic feet at standard conditions
dscm = dry cubic meter at standard conditions
eq = equivalent
 deg.F = degree Fahrenheit
ft = feet
ft\2\ = square feet
ft\3\ = cubic feet
gal = gallon
gr = grain
g-eq = gram equivalent
g-mole = gram mole
hr = hour
in. = inch
in. H2O = inches of water
K = 1,000
kcal = kilocalorie
lb = pound
lpm = liter per minute
meq = milliequivalent
min = minute
MW = molecular weight
oz = ounces
ppb = parts per billion
ppbw = parts per billion by weight
ppbv = parts per billion by volume
ppm = parts per million
ppmw = parts per million by weight
ppmv = parts per million by volume
psia = pounds per square inch absolute
psig = pounds per square inch gage
 deg.R = degree Rankine
scf = cubic feet at standard conditions
scfh = cubic feet at standard conditions per hour
scm = cubic meter at standard conditions
sec = second
sq ft = square feet
std = at standard conditions
v/v = volume per volume
yd\2\ = square yards
yr = year

    (c) Miscellaneous:

act = actual
avg = average
I.D. = inside diameter
M = molar
N = normal
O.D. = outside diameter
% = percent


Sec. 63.4  Prohibited activities and circumvention.

    (a) Prohibited activities. (1) No owner or operator subject to the 
provisions of this part shall operate any affected source in violation 
of the requirements of this part except under--
    (i) An extension of compliance granted by the Administrator under 
this part; or
    (ii) An extension of compliance granted under this 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) No owner or operator subject to the provisions of this part 
shall fail to keep records, notify, report, or revise reports as 
required under this part.
    (3) After the effective date of an approved permit program in a 
State, no owner or operator of an affected source in that State who is 
required under this 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.
    (4) [Reserved]
    (5) An owner or operator of an affected source who is subject to an 
emission standard promulgated under this part shall comply with the 
requirements of that standard by the date(s) established in the 
applicable subpart(s) of this part (including this subpart) regardless 
of whether--
    (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.
    (b) Circumvention. 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 would otherwise 
constitute noncompliance with a relevant standard. Such concealment 
includes, but is not limited to--
    (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;
    (2) The use of gaseous diluents to achieve compliance with a 
relevant standard for visible emissions; and
    (3) The fragmentation of an operation such that the operation 
avoids regulation by a relevant 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. 63.5  Construction and reconstruction.

    (a) Applicability. (1) This section implements the preconstruction 
review requirements of section 112(i)(1) for sources subject to a 
relevant emission standard that has been promulgated in this part. In 
addition, this section includes other requirements for constructed and 
reconstructed stationary sources that are or become subject to a 
relevant promulgated emission standard.
    (2) After the effective date of a relevant standard promulgated 
under this part, the requirements in this section apply to owners or 
operators who construct a new source or reconstruct a source after the 
proposal date of that standard. New or reconstructed sources that start 
up before the standard's effective date are not subject to the 
preconstruction review requirements specified in paragraphs (b)(3), 
(d), and (e) of this section.
    (b) Requirements for existing, newly constructed, and reconstructed 
sources. (1) Upon construction an affected source is subject to 
relevant standards for new sources, including compliance dates. Upon 
reconstruction, an affected source is subject to relevant standards for 
new sources, including compliance dates, irrespective of any change in 
emissions of hazardous air pollutants from that source.
    (2) [Reserved]
    (3) After the effective date of any relevant standard promulgated 
by the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is (or 
would be) located, no person may construct a new major affected source 
or reconstruct a major affected source subject to such standard, or 
reconstruct a major source such that the source becomes a major 
affected source subject to the standard, without obtaining written 
approval, in advance, from the Administrator in accordance with the 
procedures specified in paragraphs (d) and (e) of this section.
    (4) After the effective date of any relevant standard promulgated 
by the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is (or 
would be) located, no person may construct a new affected source or 
reconstruct an affected source subject to such standard, or reconstruct 
a source such that the source becomes an affected source subject to the 
standard, without notifying the Administrator of the intended 
construction or reconstruction. The notification shall be submitted in 
accordance with the procedures in Sec. 63.9(b) and shall include all 
the information required for an application for approval of 
construction or reconstruction as specified in paragraph (d) of this 
section. For major sources, the application for approval of 
construction or reconstruction may be used to fulfill the notification 
requirements of this paragraph.
    (5) After the effective date of any relevant standard promulgated 
by the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is 
located, no person may operate such source without complying with the 
provisions of this subpart and the relevant standard unless that person 
has received an extension of compliance or an exemption from compliance 
under Sec. 63.6(i) or Sec. 63.6(j) of this subpart.
    (6) After the effective date of any relevant standard promulgated 
by the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is 
located, equipment added (or a process change) to an affected source 
that is within the scope of the definition of affected source under the 
relevant standard shall be considered part of the affected source and 
subject to all provisions of the relevant standard established for that 
affected source. If a new affected source is added to the facility, the 
new affected source shall be subject to all the provisions of the 
relevant standard that are established for new sources including 
compliance dates.
    (c) [Reserved]
    (d) Application for approval of construction or reconstruction. The 
provisions of this paragraph implement section 112(i)(1) of the Act.
    (1) General application requirements. (i) An owner or operator who 
is subject to the requirements of paragraph (b)(3) of this section 
shall submit to the Administrator an application for approval of the 
construction of a new major affected source, the reconstruction of a 
major affected source, or the reconstruction of a major source such 
that the source becomes a major affected source subject to the 
standard. The application shall be submitted as soon as practicable 
before the construction or reconstruction is planned to commence (but 
no sooner than the effective date of the relevant standard) if the 
construction or reconstruction commences after the effective date of a 
relevant standard promulgated in this part. The application shall be 
submitted as soon as practicable before startup but no later than 60 
days after the effective date of a relevant standard promulgated in 
this part if the construction or reconstruction had commenced and 
initial startup had not occurred before the standard's effective date. 
The application for approval of construction or reconstruction may be 
used to fulfill the initial notification requirements of 
Sec. 63.9(b)(5) of this subpart. The owner or operator may submit the 
application for approval well in advance of the date construction or 
reconstruction is planned to commence in order to ensure a timely 
review by the Administrator and that the planned commencement date will 
not be delayed.
    (ii) A separate application shall be submitted for each 
construction or reconstruction. Each application for approval of 
construction or reconstruction shall include at a minimum:
    (A) The applicant's name and address;
    (B) A notification of intention to construct a new major affected 
source or make any physical or operational change to a major affected 
source that may meet or has been determined to meet the criteria for a 
reconstruction, as defined in Sec. 63.2;
    (C) The address (i.e., physical location) or proposed address of 
the source;
    (D) An identification of the relevant standard that is the basis of 
the application;
    (E) The expected commencement date of the construction or 
reconstruction;
    (F) The expected completion date of the construction or 
reconstruction;
    (G) The anticipated date of (initial) startup of the source;
    (H) The type and quantity of hazardous air pollutants emitted by 
the source, reported in units and averaging times and in accordance 
with the test methods specified in the relevant standard, or if actual 
emissions data are not yet available, an estimate of the type and 
quantity of hazardous air pollutants expected to be emitted by the 
source reported in units and averaging times specified in the relevant 
standard. The owner or operator may submit percent reduction 
information if a relevant standard is established in terms of percent 
reduction. However, operating parameters, such as flow rate, shall be 
included in the submission to the extent that they demonstrate 
performance and compliance; and
    (I) [Reserved]
    (J) Other information as specified in paragraphs (d)(2) and (d)(3) 
of this section.
    (iii) An owner or operator who submits estimates or preliminary 
information in place of the actual emissions data and analysis required 
in paragraphs (d)(1)(ii)(H) and (d)(2) of this section shall submit the 
actual, measured emissions data and other correct information as soon 
as available but no later than with the notification of compliance 
status required in Sec. 63.9(h) [see Sec. 63.9(h)(5)].
    (2) Application for approval of construction. Each application for 
approval of construction shall include, in addition to the information 
required in paragraph (d)(1)(ii) of this section, technical information 
describing the proposed nature, size, design, operating design 
capacity, and method of operation of the source, including an 
identification of each point of emission for each hazardous air 
pollutant that is emitted (or could be emitted) and a description of 
the planned air pollution control system (equipment or method) for each 
emission point. The description of the equipment to be used for the 
control of emissions shall include each control device for each 
hazardous air pollutant and the estimated control efficiency (percent) 
for each control device. The description of the method to be used for 
the control of emissions shall include an estimated control efficiency 
(percent) for that method. Such technical information shall include 
calculations of emission estimates in sufficient detail to permit 
assessment of the validity of the calculations. An owner or operator 
who submits approximations of control efficiencies under this 
subparagraph shall submit the actual control efficiencies as specified 
in paragraph (d)(1)(iii) of this section.
    (3) Application for approval of reconstruction. Each application 
for approval of reconstruction shall include, in addition to the 
information required in paragraph (d)(1)(ii) of this section--
    (i) A brief description of the affected source and the components 
that are to be replaced;
    (ii) A description of present and proposed emission control systems 
(i.e., equipment or methods). The description of the equipment to be 
used for the control of emissions shall include each control device for 
each hazardous air pollutant and the estimated control efficiency 
(percent) for each control device. The description of the method to be 
used for the control of emissions shall include an estimated control 
efficiency (percent) for that method. Such technical information shall 
include calculations of emission estimates in sufficient detail to 
permit assessment of the validity of the calculations;
    (iii) An estimate of the fixed capital cost of the replacements and 
of constructing a comparable entirely new source;
    (iv) The estimated life of the affected source after the 
replacements; and
    (v) A discussion of any economic or technical limitations the 
source may have in complying with relevant standards or other 
requirements after the proposed replacements. The discussion shall be 
sufficiently detailed to demonstrate to the Administrator's 
satisfaction that the technical or economic limitations affect the 
source's ability to comply with the relevant standard and how they do 
so.
    (vi) If in the application for approval of reconstruction the owner 
or operator designates the affected source as a reconstructed source 
and declares that there are no economic or technical limitations to 
prevent the source from complying with all relevant standards or other 
requirements, the owner or operator need not submit the information 
required in subparagraphs (d)(3) (iii) through (v) of this section, 
above.
    (4) Additional information. The Administrator may request 
additional relevant information after the submittal of an application 
for approval of construction or reconstruction.
    (e) Approval of construction or reconstruction. (1)(i) If the 
Administrator determines that, if properly constructed, or 
reconstructed, and operated, a new or existing source for which an 
application under paragraph (d) of this section was submitted will not 
cause emissions in violation of the relevant standard(s) and any other 
federally enforceable requirements, the Administrator will approve the 
construction or reconstruction.
    (ii) In addition, in the case of reconstruction, the 
Administrator's determination under this paragraph will be based on:
    (A) The fixed capital cost of the replacements in comparison to the 
fixed capital cost that would be required to construct a comparable 
entirely new source;
    (B) The estimated life of the source after the replacements 
compared to the life of a comparable entirely new source;
    (C) The extent to which the components being replaced cause or 
contribute to the emissions from the source; and
    (D) Any economic or technical limitations on compliance with 
relevant standards that are inherent in the proposed replacements.
    (2)(i) The Administrator will notify the owner or operator in 
writing of approval or intention to deny approval of construction or 
reconstruction within 60 calendar days after receipt of sufficient 
information to evaluate an application submitted under paragraph (d) of 
this section. The 60-day approval or denial period will begin after the 
owner or operator has been notified in writing that his/her application 
is complete. The Administrator will notify the owner or operator in 
writing of the status of his/her application, that is, whether the 
application contains sufficient information to make a determination, 
within 30 calendar days after receipt of the original application and 
within 30 calendar days after receipt of any supplementary information 
that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (3) Before denying any application for approval of construction or 
reconstruction, the Administrator will notify the applicant of the 
Administrator's intention to issue the denial together with--
    (i) Notice of the information and findings on which the intended 
denial is based; and
    (ii) Notice of opportunity for the applicant to present, in 
writing, within 30 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator to enable further action on the application.
    (4) A final determination to deny any application for approval will 
be in writing and will specify the grounds on which the denial is 
based. The final determination will be made within 60 calendar days of 
presentation of additional information or arguments (if the application 
is complete), or within 60 calendar days after the final date specified 
for presentation if no presentation is made.
    (5) Neither the submission of an application for approval nor the 
Administrator's approval of construction or reconstruction shall--
    (i) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any 
other applicable Federal, State, or local requirement; or
    (ii) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (f) Approval of construction or reconstruction based on prior State 
preconstruction review. (1) The Administrator may approve an 
application for construction or reconstruction specified in paragraphs 
(b)(3) and (d) of this section if the owner or operator of a new or 
reconstructed source who is subject to such requirement demonstrates to 
the Administrator's satisfaction that the following conditions have 
been (or will be) met:
    (i) The owner or operator of the new or reconstructed source has 
undergone a preconstruction review and approval process in the State in 
which the source is (or would be) located before the promulgation date 
of the relevant standard and has received a federally enforceable 
construction permit that contains a finding that the source will meet 
the relevant emission standard as proposed, if the source is properly 
built and operated;
    (ii) In making its finding, the State has considered factors 
substantially equivalent to those specified in paragraph (e)(1) of this 
section; and either
    (iii) The promulgated standard is no more stringent than the 
proposed standard in any relevant aspect that would affect the 
Administrator's decision to approve or disapprove an application for 
approval of construction or reconstruction under this section; or
    (iv) The promulgated standard is more stringent than the proposed 
standard but the owner or operator will comply with the standard as 
proposed during the 3-year period immediately following the effective 
date of the standard as allowed for in Sec. 63.6(b)(3) of this subpart.
    (2) The owner or operator shall submit to the Administrator the 
request for approval of construction or reconstruction under this 
paragraph no later than the application deadline specified in paragraph 
(d)(1) of this section [see also Sec. 63.9(b)(2) of this subpart]. The 
owner or operator shall include in the request information sufficient 
for the Administrator's determination. The Administrator will evaluate 
the owner or operator's request in accordance with the procedures 
specified in paragraph (e) of this section. The Administrator may 
request additional relevant information after the submittal of a 
request for approval of construction or reconstruction under this 
paragraph.


Sec. 63.6  Compliance with standards and maintenance requirements.

    (a) Applicability. (1) The requirements in this section apply to 
owners or operators of affected sources for which any relevant standard 
has been established pursuant to section 112 of the Act unless--
    (i) The Administrator (or a State with an approved permit program) 
has granted an extension of compliance consistent with paragraph (i) of 
this section; or
    (ii) The President has granted an exemption from compliance with 
any relevant standard in accordance with section 112(i)(4) of the Act.
    (2) If an area source that otherwise would be subject to an 
emission standard or other requirement established under this part if 
it were a major source subsequently increases its emissions of 
hazardous air pollutants (or its potential to emit hazardous air 
pollutants) such that the source is a major source, such source shall 
be subject to the relevant emission standard or other requirement.
    (b) Compliance dates for new and reconstructed sources. (1) Except 
as specified in paragraphs (b)(3) and (b)(4) of this section, the owner 
or operator of a new or reconstructed source that has an initial 
startup before the effective date of a relevant standard established 
under this part pursuant to sections 112(d), 112(f), or 112(h) of the 
Act shall comply with such standard not later than the standard's 
effective date.
    (2) Except as specified in paragraphs (b)(3) and (b)(4) of this 
section, the owner or operator of a new or reconstructed source that 
has an initial startup after the effective date of a relevant standard 
established under this part pursuant to sections 112(d), 112(f), or 
112(h) of the Act shall comply with such standard upon startup of the 
source.
    (3) The owner or operator of an affected source for which 
construction or reconstruction is commenced after the proposal date of 
a relevant standard established under this part pursuant to sections 
112(d), 112(f), or 112(h) of the Act but before the effective date 
(that is, promulgation) of such standard shall comply with the relevant 
emission standard not later than the date 3 years after the effective 
date if:
    (i) The promulgated standard (that is, the relevant standard) is 
more stringent than the proposed standard; and
    (ii) The owner or operator complies with the standard as proposed 
during the 3-year period immediately after the effective date.
    (4) The owner or operator of an affected source 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 a relevant standard established 
pursuant to section 112(f) shall comply with the emission standard 
under section 112(f) not later than the date 10 years after the date 
construction or reconstruction is commenced, except that, if the 
section 112(f) standard is promulgated more than 10 years after 
construction or reconstruction is commenced, the owner or operator 
shall comply with the standard as provided in paragraphs (b)(1) and 
(b)(2) of this section.
    (5) The owner or operator of a new source that is subject to the 
compliance requirements of paragraph (b)(3) or paragraph (b)(4) of this 
section shall notify the Administrator in accordance with Sec. 63.9(d) 
of this subpart.
    (6) [Reserved]
    (7) After the effective date of an emission standard promulgated 
under this part, the owner or operator of an unaffected new area source 
(i.e., an area source for which construction or reconstruction was 
commenced after the proposal date of the standard) that increases its 
emissions of (or its potential to emit) hazardous air pollutants such 
that the source becomes a major source that is subject to the emission 
standard, shall comply with the relevant emission standard immediately 
upon becoming a major source. This compliance date shall apply to new 
area sources that become affected major sources regardless of whether 
the new area source previously was affected by that standard. The new 
affected major source shall comply with all requirements of that 
standard that affect new sources.
    (c) Compliance dates for existing sources. (1) After the effective 
date of a relevant standard established under this part pursuant to 
section 112(d) or 112(h) of the Act, the owner or operator of an 
existing source shall comply with such standard by the compliance date 
established by the Administrator in the applicable subpart(s) of this 
part. Except as otherwise provided for in section 112 of the Act, in no 
case will the compliance date established for an existing source in an 
applicable subpart of this part exceed 3 years after the effective date 
of such standard.
    (2) After the effective date of a relevant standard established 
under this part pursuant to section 112(f) of the Act, the owner or 
operator of an existing source shall comply with such standard not 
later than 90 days after the standard's effective date unless the 
Administrator has granted an extension to the source under paragraph 
(i)(4)(ii) of this section.
    (3)-(4) [Reserved]
     (5) After the effective date of an emission standard promulgated 
under this part, the owner or operator of an unaffected existing area 
source that increases its emissions of (or its potential to emit) 
hazardous air pollutants such that the source becomes a major source 
that is subject to the emission standard shall comply by the date 
specified in the standard for existing area sources that become major 
sources. If no such compliance date is specified in the standard, the 
source shall have a period of time to comply with the relevant emission 
standard that is equivalent to the compliance period specified in that 
standard for other existing sources. This compliance period shall apply 
to existing area sources that become affected major sources regardless 
of whether the existing area source previously was affected by that 
standard. Notwithstanding the previous two sentences, however, if the 
existing area source becomes a major source by the addition of a new 
affected source or by reconstructing, the portion of the existing 
facility that is a new affected source or a reconstructed source shall 
comply with all requirements of that standard that affect new sources, 
including the compliance date for new sources.
    (d) [Reserved]
    (e) Operation and maintenance requirements. (1)(i) At all times, 
including periods of startup, shutdown, and malfunction, owners or 
operators shall operate and maintain any affected source, including 
associated air pollution control equipment, in a manner consistent with 
good air pollution control practices for minimizing emissions at least 
to the levels required by all relevant standards.
    (ii) Malfunctions shall be corrected as soon as practicable after 
their occurrence in accordance with the startup, shutdown, and 
malfunction plan required in paragraph (e)(3) of this section.
    (iii) Operation and maintenance requirements established pursuant 
to section 112 of the Act are enforceable independent of emissions 
limitations or other requirements in relevant standards.
    (2) Determination of whether acceptable 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 (e)(3) of 
this section], review of operation and maintenance records, and 
inspection of the source.
    (3) Startup, Shutdown, and Malfunction Plan. (i) The owner or 
operator of an affected source shall develop and implement a written 
startup, shutdown, and malfunction plan that describes, in detail, 
procedures for operating and maintaining the 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. As required under 
Sec. 63.8(c)(1)(i), the plan shall identify all routine or otherwise 
predictable CMS malfunctions. This plan shall be developed by the owner 
or operator by the source's compliance date for that relevant standard. 
The plan shall be incorporated by reference into the source's title V 
permit. The purpose of the startup, shutdown, and malfunction plan is 
to--
    (A) Ensure that, at all times, owners or operators operate and 
maintain affected sources, including associated air pollution control 
equipment, in a manner consistent with good air pollution control 
practices for minimizing emissions at least to the levels required by 
all relevant standards;
    (B) Ensure that owners or operators are prepared to correct 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions of hazardous air pollutants; and
    (C) 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).
    (ii) During periods of startup, shutdown, and malfunction, the 
owner or operator of an affected source shall operate and maintain such 
source (including associated air pollution control equipment) in 
accordance with the procedures specified in the startup, shutdown, and 
malfunction plan developed under paragraph (e)(3)(i) of this section.
    (iii) When actions taken by the owner or operator during a startup, 
shutdown, or malfunction (including actions taken to correct a 
malfunction) are consistent with the procedures specified in the 
affected source's startup, shutdown, and malfunction plan, the owner or 
operator shall keep records for that event that demonstrate that the 
procedures specified in the plan were followed. These records may take 
the form of a ``checklist,'' or other effective form of recordkeeping, 
that confirms conformance with the startup, shutdown, and malfunction 
plan for that event. In addition, the owner or operator shall keep 
records of these events as specified in Sec. 63.10(b) (and elsewhere in 
this part), including records of the occurrence and duration of each 
startup, shutdown, or malfunction of operation and each malfunction of 
the air pollution control equipment. Furthermore, the owner or operator 
shall confirm that actions taken during the relevant reporting period 
during periods of startup, shutdown, and malfunction were consistent 
with the affected source's startup, shutdown and malfunction plan in 
the semiannual (or more frequent) startup, shutdown, and malfunction 
report required in Sec. 63.10(d)(5).
    (iv) If an action taken by the owner or operator during a startup, 
shutdown, or malfunction (including an action taken to correct a 
malfunction) is not consistent with the procedures specified in the 
affected source's startup, shutdown, and malfunction plan, the owner or 
operator shall record the actions taken for that event and shall report 
such actions within 2 working days after commencing actions 
inconsistent with the plan, followed by a letter within 7 working days 
after the end of the event, in accordance with Sec. 63.10(d)(5) (unless 
the owner or operator makes alternative reporting arrangements, in 
advance, with the Administrator [see Sec. 63.10(d)(5)(ii)].
    (v) The owner or operator shall keep the written startup, shutdown, 
and malfunction plan on record after it is developed to be made 
available for inspection, upon request, by the Administrator for the 
life of the affected source or until the affected source is no longer 
subject to the provisions of this part. In addition, if the startup, 
shutdown, and malfunction plan is revised, the owner or operator shall 
keep previous (i.e., superseded) versions of the startup, shutdown, and 
malfunction plan on record, to be made available for inspection, upon 
request, by the Administrator, for a period of 5 years after each 
revision to the plan.
    (vi) To satisfy the requirements of this section to develop a 
startup, shutdown, and malfunction plan, the owner or operator may use 
the affected 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.
    (vii) Based on the results of a determination made under paragraph 
(e)(2) of this section, the Administrator may require that an owner or 
operator of an affected 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:
    (A) Does not address a startup, shutdown, or malfunction event that 
has occurred;
    (B) Fails to provide for the operation of the source (including 
associated air pollution control equipment) during a startup, shutdown, 
or malfunction event in a manner consistent with good air pollution 
control practices for minimizing emissions at least to the levels 
required by all relevant standards; or
    (C) Does not provide adequate procedures for correcting 
malfunctioning process and/or air pollution control equipment as 
quickly as practicable.
    (viii) 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 source 
during similar malfunction events and a program of corrective action 
for similar malfunctions of process or air pollution control equipment.
    (f) Compliance with nonopacity emission standards--(1) 
Applicability. The nonopacity emission standards set forth in this part 
shall apply at all times except during periods of startup, shutdown, 
and malfunction, and as otherwise specified in an applicable subpart.
    (2) Methods for determining compliance. (i) The Administrator will 
determine compliance with nonopacity emission standards in this part 
based on the results of performance tests conducted according to the 
procedures in Sec. 63.7, unless otherwise specified in an applicable 
subpart of this part.
    (ii) The Administrator will determine compliance with nonopacity 
emission standards in 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 Sec. 63.6(e) and 
applicable subparts of this part.
    (iii) If an affected source conducts performance testing at startup 
to obtain an operating permit in the State in which the source is 
located, the results of such testing may be used to demonstrate 
compliance with a relevant standard if--
    (A) The performance test was conducted within a reasonable amount 
of time before an initial performance test is required to be conducted 
under the relevant standard;
    (B) The performance test was conducted under representative 
operating conditions for the source;
    (C) The performance test was conducted and the resulting data were 
reduced using EPA-approved test methods and procedures, as specified in 
Sec. 63.7(e) of this subpart; and
    (D) The performance test was appropriately quality-assured, as 
specified in Sec. 63.7(c) of this subpart.
    (iv) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards in this 
part by review of records, inspection of the source, and other 
procedures specified in applicable subparts of this part.
    (v) The Administrator will determine compliance with design, 
equipment, work practice, or operational emission standards in this 
part by evaluation of an owner or operator's conformance with operation 
and maintenance requirements, as specified in paragraph (e) of this 
section and applicable subparts of this part.
    (3) Finding of compliance. The Administrator will make a finding 
concerning an affected source's compliance with a nonopacity emission 
standard, as specified in paragraphs (f)(1) and (f)(2) 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.
    (g) Use of an alternative nonopacity emission standard. (1) If, in 
the Administrator's judgment, an owner or operator of an affected 
source has established that an alternative means of emission limitation 
will achieve a reduction in emissions of a hazardous air pollutant from 
an affected source at least equivalent to the reduction in emissions of 
that pollutant from that source achieved under any design, equipment, 
work practice, or operational emission standard, or combination 
thereof, established under this part pursuant to section 112(h) of the 
Act, the Administrator will publish in the Federal Register a notice 
permitting the use of the alternative emission standard for purposes of 
compliance with the promulgated standard. Any Federal Register notice 
under this paragraph shall be published only after the public is 
notified and given the opportunity to comment. Such notice will 
restrict the permission to the stationary source(s) or category(ies) of 
sources from which the alternative emission standard will achieve 
equivalent emission reductions. The Administrator will condition 
permission in such notice on requirements to assure the proper 
operation and maintenance of equipment and practices required for 
compliance with the alternative emission standard and other 
requirements, including appropriate quality assurance and quality 
control requirements, that are deemed necessary.
    (2) An owner or operator requesting permission under this paragraph 
shall, unless otherwise specified in an applicable subpart, submit a 
proposed test plan or the results of testing and monitoring in 
accordance with Sec. 63.7 and Sec. 63.8, a description of the 
procedures followed in testing or monitoring, and a description of 
pertinent conditions during testing or monitoring. Any testing or 
monitoring conducted to request permission to use an alternative 
nonopacity emission standard shall be appropriately quality assured and 
quality controlled, as specified in Sec. 63.7 and Sec. 63.8.
    (3) The Administrator may establish general procedures in an 
applicable subpart that accomplish the requirements of paragraphs 
(g)(1) and (g)(2) of this section.
    (h) Compliance with opacity and visible emission standards--(1) 
Applicability. The opacity and visible emission standards set forth in 
this part shall apply at all times except during periods of startup, 
shutdown, and malfunction, and as otherwise specified in an applicable 
subpart.
    (2) Methods for determining compliance. (i) The Administrator will 
determine compliance with opacity and visible emission standards in 
this part based on the results of the test method specified in an 
applicable subpart. Whenever a continuous opacity monitoring system 
(COMS) is required to be installed to determine compliance with 
numerical opacity emission standards in this part, compliance with 
opacity emission standards in this part shall be determined by using 
the results from the COMS. Whenever an opacity emission test method is 
not specified, compliance with opacity emission standards in this part 
shall be determined by conducting observations in accordance with Test 
Method 9 in appendix A of part 60 of this chapter or the method 
specified in paragraph (h)(7)(ii) of this section. Whenever a visible 
emission test method is not specified, compliance with visible emission 
standards in this part shall be determined by conducting observations 
in accordance with Test Method 22 in appendix A of part 60 of this 
chapter.
    (ii) [Reserved]
    (iii) If an affected source undergoes opacity or visible emission 
testing at startup to obtain an operating permit in the State in which 
the source is located, the results of such testing may be used to 
demonstrate compliance with a relevant standard if--
    (A) The opacity or visible emission test was conducted within a 
reasonable amount of time before a performance test is required to be 
conducted under the relevant standard;
    (B) The opacity or visible emission test was conducted under 
representative operating conditions for the source;
    (C) The opacity or visible emission test was conducted and the 
resulting data were reduced using EPA-approved test methods and 
procedures, as specified in Sec. 63.7(e) of this subpart; and
    (D) The opacity or visible emission test was appropriately quality-
assured, as specified in Sec. 63.7(c) of this section.
    (3) [Reserved]
    (4) Notification of opacity or visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting opacity or visible 
emission observations in accordance with Sec. 63.9(f), if such 
observations are required for the source by a relevant standard.
    (5) Conduct of opacity or visible emission observations. When a 
relevant standard under this part includes an opacity or visible 
emission standard, the owner or operator of an affected source shall 
comply with the following:
    (i) For the purpose of demonstrating initial compliance, opacity or 
visible emission observations shall be conducted concurrently with the 
initial performance test required in Sec. 63.7 unless one of the 
following conditions applies:
    (A) If no performance test under Sec. 63.7 is required, opacity or 
visible emission observations shall be conducted within 60 days after 
achieving the maximum production rate at which a new or reconstructed 
source will be operated, but not later than 120 days after initial 
startup of the source, or within 120 days after the effective date of 
the relevant standard in the case of new sources that start up before 
the standard's effective date. If no performance test under Sec. 63.7 
is required, opacity or visible emission observations shall be 
conducted within 120 days after the compliance date for an existing or 
modified source; or
    (B) If visibility or other conditions prevent the opacity or 
visible emission observations from being conducted concurrently with 
the initial performance test required under Sec. 63.7, or within the 
time period specified in paragraph (h)(5)(i)(A) of this section, the 
source's owner or operator shall reschedule the opacity or visible 
emission observations as soon after the initial performance test, or 
time period, as possible, but not later than 30 days thereafter, and 
shall advise the Administrator of the rescheduled date. The rescheduled 
opacity or visible emission observations shall be conducted (to the 
extent possible) under the same operating conditions that existed 
during the initial performance test conducted under Sec. 63.7. The 
visible emissions observer shall determine whether visibility or other 
conditions prevent the opacity or visible emission observations from 
being made concurrently with the initial performance test in accordance 
with procedures contained in Test Method 9 or Test Method 22 in 
Appendix A of part 60 of this chapter.
    (ii) For the purpose of demonstrating initial compliance, the 
minimum total time of opacity observations shall be 3 hours (30 6-
minute averages) for the performance test or other required set of 
observations (e.g., for fugitive-type emission sources subject only to 
an opacity emission standard).
    (iii) The owner or operator of an affected source to which an 
opacity or visible emission standard in this part applies shall conduct 
opacity or visible emission observations in accordance with the 
provisions of this section, record the results of the evaluation of 
emissions, and report to the Administrator the opacity or visible 
emission results in accordance with the provisions of Sec. 63.10(d).
    (iv) [Reserved]
    (v) Opacity readings of portions of plumes that contain condensed, 
uncombined water vapor shall not be used for purposes of determining 
compliance with opacity emission standards.
    (6) Availability of records. The owner or operator of an affected 
source shall make available, upon request by the Administrator, such 
records that the Administrator deems necessary to determine the 
conditions under which the visual observations were made and shall 
provide evidence indicating proof of current visible observer emission 
certification.
    (7) Use of a continuous opacity monitoring system.
    (i) The owner or operator of an affected source required to use a 
continuous opacity monitoring system (COMS) shall record the monitoring 
data produced during a performance test required under Sec. 63.7 and 
shall furnish the Administrator a written report of the monitoring 
results in accordance with the provisions of Sec. 63.10(e)(4).
    (ii) Whenever an opacity emission test method has not been 
specified in an applicable subpart, or an owner or operator of an 
affected source is required to conduct Test Method 9 observations (see 
Appendix A of part 60 of this chapter), the owner or operator may 
submit, for compliance purposes, COMS data results produced during any 
performance test required under Sec. 63.7 in lieu of Method 9 data. If 
the owner or operator elects to submit COMS data for compliance with 
the opacity emission standard, he or she shall notify the Administrator 
of that decision, in writing, simultaneously with the notification 
under Sec. 63.7(b) of the date the performance test is scheduled to 
begin. Once the owner or operator of an affected source has notified 
the Administrator to that effect, the COMS data results will be used to 
determine opacity compliance during subsequent performance tests 
required under Sec. 63.7, unless the owner or operator notifies the 
Administrator in writing to the contrary not later than with the 
notification under Sec. 63.7(b) of the date the subsequent performance 
test is scheduled to begin.
    (iii) For the purposes of determining compliance with the opacity 
emission standard during a performance test required under Sec. 63.7 
using COMS data, the COMS data shall be reduced to 6-minute averages 
over the duration of the mass emission performance test.
    (iv) The owner or operator of an affected source using a COMS for 
compliance purposes is responsible for demonstrating that he/she has 
complied with the performance evaluation requirements of Sec. 63.8(e), 
that the COMS has been properly maintained, operated, and data quality-
assured, as specified in Sec. 63.8(c) and Sec. 63.8(d), and that the 
resulting data have not been altered in any way.
    (v) Except as provided in paragraph (h)(7)(ii) of this section, the 
results of continuous monitoring by a COMS that indicate that the 
opacity at the time visual observations were made was not in excess of 
the emission standard are probative but not conclusive evidence of the 
actual opacity of an emission, provided that the affected source proves 
that, at the time of the alleged violation, the instrument used was 
properly maintained, as specified in Sec. 63.8(c), and met Performance 
Specification 1 in Appendix B of part 60 of this chapter, and that the 
resulting data have not been altered in any way.
    (8) Finding of compliance. The Administrator will make a finding 
concerning an affected source's compliance with an opacity or visible 
emission standard upon obtaining all the compliance information 
required by the relevant standard (including the written reports of the 
results of the performance tests required by Sec. 63.7, the results of 
Test Method 9 or another required opacity or visible emission test 
method, the observer certification required by paragraph (h)(6) of this 
section, and the continuous opacity monitoring system results, 
whichever is/are applicable) and any information available to the 
Administrator needed to determine whether proper operation and 
maintenance practices are being used.
    (9) Adjustment to an opacity emission standard.
    (i) If the Administrator finds under paragraph (h)(8) of this 
section that an affected source is in compliance with all relevant 
standards for which initial performance tests were conducted under 
Sec. 63.7, but during the time such performance tests were conducted 
fails to meet any relevant opacity emission standard, the owner or 
operator of such source may petition the Administrator to make 
appropriate adjustment to the opacity emission standard for the 
affected source. Until the Administrator notifies the owner or operator 
of the appropriate adjustment, the relevant opacity emission standard 
remains applicable.
    (ii) The Administrator may grant such a petition upon a 
demonstration by the owner or operator that--
    (A) The affected source and its associated air pollution control 
equipment were operated and maintained in a manner to minimize the 
opacity of emissions during the performance tests;
    (B) The performance tests were performed under the conditions 
established by the Administrator; and
    (C) The affected source and its associated air pollution control 
equipment were incapable of being adjusted or operated to meet the 
relevant opacity emission standard.
    (iii) The Administrator will establish an adjusted opacity emission 
standard for the affected source meeting the above requirements at a 
level at which the source will be able, as indicated by the performance 
and opacity tests, to meet the opacity emission standard at all times 
during which the source is meeting the mass or concentration emission 
standard. The Administrator will promulgate the new opacity emission 
standard in the Federal Register.
    (iv) After the Administrator promulgates an adjusted opacity 
emission standard for an affected source, the owner or operator of such 
source shall be subject to the new opacity emission standard, and the 
new opacity emission standard shall apply to such source during any 
subsequent performance tests.
    (i) Extension of compliance with emission standards. (1) Until an 
extension of compliance has been granted by the Administrator (or a 
State with an approved permit program) under this paragraph, the owner 
or operator of an affected source subject to the requirements of this 
section shall comply with all applicable requirements of this part.
    (2) Extension of compliance for early reductions and other 
reductions--(i) Early reductions. Pursuant to section 112(i)(5) of the 
Act, if the owner or operator of an existing source demonstrates that 
the source has achieved a reduction in emissions of hazardous air 
pollutants in accordance with the provisions of subpart D of this part, 
the Administrator (or the State with an approved permit program) will 
grant the owner or operator an extension of compliance with specific 
requirements of this part, as specified in subpart D.
    (ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if 
the owner or operator of an existing source has installed best 
available control technology (BACT) [as defined in section 169(3) of 
the Act] or technology required to meet a lowest achievable emission 
rate (LAER) (as defined in section 171 of the Act) prior to the 
promulgation of an emission standard in this part applicable to such 
source and the same pollutant (or stream of pollutants) controlled 
pursuant to the BACT or LAER installation, the Administrator will grant 
the owner or operator an extension of compliance with such emission 
standard that will apply until the date 5 years after the date on which 
such installation was achieved, as determined by the Administrator.
    (3) Request for extension of compliance. Paragraphs (i)(4) through 
(i)(7) of this section concern requests for an extension of compliance 
with a relevant standard under this part [except requests for an 
extension of compliance under paragraph (i)(2)(i) of this section will 
be handled through procedures specified in subpart D of this part].
    (4)(i)(A) The owner or operator of an existing source who is unable 
to comply with a relevant standard established under this part pursuant 
to section 112(d) of the Act may request that the Administrator (or a 
State, when the State has an approved part 70 permit program and the 
source is required to obtain a part 70 permit under that program, or a 
State, when the State has been delegated the authority to implement and 
enforce the emission standard for that source) grant an extension 
allowing the source up to 1 additional year to comply with the 
standard, if such additional period is necessary for the installation 
of controls. An additional extension of up to 3 years may be added for 
mining waste operations, if the 1-year extension of compliance is 
insufficient to dry and cover mining waste in order to reduce emissions 
of any hazardous air pollutant. The owner or operator of an affected 
source who has requested an extension of compliance under this 
paragraph and who is otherwise required to obtain a title V permit 
shall apply for such permit or apply to have the source's title V 
permit revised to incorporate the conditions of the extension of 
compliance. The conditions of an extension of compliance granted under 
this paragraph will be incorporated into the affected source's title V 
permit according to the provisions of part 70 or Federal title V 
regulations in this chapter (42 U.S.C. 7661), whichever are applicable.
    (B) Any request under this paragraph for an extension of compliance 
with a relevant standard shall be submitted in writing to the 
appropriate authority not later than 12 months before the affected 
source's compliance date [as specified in paragraphs (b) and (c) of 
this section] for sources that are not including emission points in an 
emissions average, or not later than 18 months before the affected 
source's compliance date [as specified in paragraphs (b) and (c) of 
this section] for sources that are including emission points in an 
emissions average. Emission standards established under this part may 
specify alternative dates for the submittal of requests for an 
extension of compliance if alternatives are appropriate for the source 
categories affected by those standards, e.g., a compliance date 
specified by the standard is less than 12 (or 18) months after the 
standard's effective date.
    (ii) The owner or operator of an existing source unable to comply 
with a relevant standard established under this part pursuant to 
section 112(f) of the Act may request that the Administrator grant an 
extension allowing the source up to 2 years after the standard's 
effective date to comply with the standard. The Administrator may grant 
such an extension if he/she finds that such additional period is 
necessary for the installation of controls and that steps will be taken 
during the period of the extension to assure that the health of persons 
will be protected from imminent endangerment. Any request for an 
extension of compliance with a relevant standard under this paragraph 
shall be submitted in writing to the Administrator not later than 15 
calendar days after the effective date of the relevant standard.
    (5) The owner or operator of an existing source that has installed 
BACT or technology required to meet LAER [as specified in paragraph 
(i)(2)(ii) of this section] prior to the promulgation of a relevant 
emission standard in this part may request that the Administrator grant 
an extension allowing the source 5 years from the date on which such 
installation was achieved, as determined by the Administrator, to 
comply with the standard. Any request for an extension of compliance 
with a relevant standard under this paragraph shall be submitted in 
writing to the Administrator not later than 120 days after the 
promulgation date of the standard. The Administrator may grant such an 
extension if he or she finds that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (6)(i) The request for a compliance extension under paragraph 
(i)(4) of this section shall include the following information:
    (A) A description of the controls to be installed to comply with 
the standard;
    (B) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates 
shall include:
    (1) The date by which contracts for emission control systems or 
process changes for emission control will be awarded, or the date by 
which orders will be issued for the purchase of component parts to 
accomplish emission control or process changes;
    (2) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be initiated;
    (3) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be completed; and
    (4) The date by which final compliance is to be achieved;
    (C) A description of interim emission control steps that will be 
taken during the extension period, including milestones to assure 
proper operation and maintenance of emission control and process 
equipment; and
    (D) Whether the owner or operator is also requesting an extension 
of other applicable requirements (e.g., performance testing 
requirements).
    (ii) The request for a compliance extension under paragraph (i)(5) 
of this section shall include all information needed to demonstrate to 
the Administrator's satisfaction that the installation of BACT or 
technology to meet LAER controls the same pollutant (or stream of 
pollutants) that would be controlled at that source by the relevant 
emission standard.
    (7) Advice on requesting an extension of compliance may be obtained 
from the Administrator (or the State with an approved permit program).
    (8) Approval of request for extension of compliance. Paragraphs 
(i)(9) through (i)(14) of this section concern approval of an extension 
of compliance requested under paragraphs (i)(4) through (i)(6) of this 
section.
    (9) Based on the information provided in any request made under 
paragraphs (i)(4) through (i)(6) of this section, or other information, 
the Administrator (or the State with an approved permit program) may 
grant an extension of compliance with an emission standard, as 
specified in paragraphs (i)(4) and (i)(5) of this section.
    (10) The extension will be in writing and will--
    (i) Identify each affected source covered by the extension;
    (ii) Specify the termination date of the extension;
    (iii) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;
    (iv) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests); and
    (v)(A) Under paragraph (i)(4), specify any additional conditions 
that the Administrator (or the State) deems necessary to assure 
installation of the necessary controls and protection of the health of 
persons during the extension period; or
    (B) Under paragraph (i)(5), specify any additional conditions that 
the Administrator deems necessary to assure the proper operation and 
maintenance of the installed controls during the extension period.
    (11) The owner or operator of an existing source that has been 
granted an extension of compliance under paragraph (i)(10) of this 
section may be required to submit to the Administrator (or the State 
with an approved permit program) progress reports indicating whether 
the steps toward compliance outlined in the compliance schedule have 
been reached. The contents of the progress reports and the dates by 
which they shall be submitted will be specified in the written 
extension of compliance granted under paragraph (i)(10) of this 
section.
    (12)(i) The Administrator (or the State with an approved permit 
program) will notify the owner or operator in writing of approval or 
intention to deny approval of a request for an extension of compliance 
within 30 calendar days after receipt of sufficient information to 
evaluate a request submitted under paragraph (i)(4)(i) or (i)(5) of 
this section. The 30-day approval or denial period will begin after the 
owner or operator has been notified in writing that his/her application 
is complete. The Administrator (or the State) will notify the owner or 
operator in writing of the status of his/her application, that is, 
whether the application contains sufficient information to make a 
determination, within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, 
the Administrator (or the State with an approved permit program) will 
notify the owner or operator in writing of the Administrator's (or the 
State's) intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator (or the State) before further action on the request.
    (iv) The Administrator's final determination to deny any request 
for an extension will be in writing and will set forth the specific 
grounds on which the denial is based. The final determination will be 
made within 30 calendar days after presentation of additional 
information or argument (if the application is complete), or within 30 
calendar days after the final date specified for the presentation if no 
presentation is made.
    (13)(i) The Administrator will notify the owner or operator in 
writing of approval or intention to deny approval of a request for an 
extension of compliance within 30 calendar days after receipt of 
sufficient information to evaluate a request submitted under paragraph 
(i)(4)(ii) of this section. The 30-day approval or denial period will 
begin after the owner or operator has been notified in writing that 
his/her application is complete. The Administrator (or the State) will 
notify the owner or operator in writing of the status of his/her 
application, that is, whether the application contains sufficient 
information to make a determination, within 15 calendar days after 
receipt of the original application and within 15 calendar days after 
receipt of any supplementary information that is submitted.
    (ii) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 15 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (iii) Before denying any request for an extension of compliance, 
the Administrator will notify the owner or operator in writing of the 
Administrator's intention to issue the denial, together with--
    (A) Notice of the information and findings on which the intended 
denial is based; and
    (B) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator before further action on the request.
    (iv) A final determination to deny any request for an extension 
will be in writing and will set forth the specific grounds on which the 
denial is based. The final determination will be made within 30 
calendar days after presentation of additional information or argument 
(if the application is complete), or within 30 calendar days after the 
final date specified for the presentation if no presentation is made.
    (14) The Administrator (or the State with an approved permit 
program) may terminate an extension of compliance at an earlier date 
than specified if any specification under paragraphs (i)(10)(iii) or 
(i)(10)(iv) of this section is not met.
    (15) [Reserved]
    (16) The granting of an extension under this section shall not 
abrogate the Administrator's authority under section 114 of the Act.
    (j) Exemption from compliance with emission standards. The 
President may exempt any stationary source from compliance with any 
relevant standard established pursuant to section 112 of the Act for a 
period of not more than 2 years if the President determines that the 
technology to implement such standard is not available and that it is 
in the national security interests of the United States to do so. An 
exemption under this paragraph may be extended for 1 or more additional 
periods, each period not to exceed 2 years.


Sec. 63.7   Performance testing requirements.

    (a) Applicability and performance test dates. (1) Unless otherwise 
specified, this section applies to the owner or operator of an affected 
source required to do performance testing, or another form of 
compliance demonstration, under a relevant standard.
    (2) If required to do performance testing by a relevant standard, 
and unless a waiver of performance testing is obtained under this 
section or the conditions of paragraph (c)(3)(ii)(B) of this section 
apply, the owner or operator of the affected source shall perform such 
tests as follows--
    (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; 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 an 
applicable subpart of this part for an existing source subject to an 
emission standard established pursuant to section 112(d) of the Act, or 
within 180 days after startup of an existing source if the source 
begins operation after the effective date of the relevant 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 for an existing source that obtains an 
extension of compliance under Sec. 63.6(i); 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) [see Sec. 63.6(b)(4)]; 
or
    (vii) [Reserved]; or
    (viii) [Reserved]; or
    (ix) When an emission standard promulgated under this part is more 
stringent than the standard proposed [see Sec. 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 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.
    (3) The Administrator may require an owner or operator to conduct 
performance tests at the affected source at any other time when the 
action is authorized by section 114 of the Act.
    (b) Notification of performance test. (1) The owner or operator of 
an affected source shall notify the Administrator in writing of his or 
her intention to conduct a performance test at least 60 calendar days 
before the performance test is scheduled to begin to allow the 
Administrator, upon request, to review and approve the site-specific 
test plan required under paragraph (c) of this section and to have an 
observer present during the test. Observation of the performance test 
by the Administrator is optional.
    (2) In the event the owner or operator is unable to conduct the 
performance test on the date specified in the notification requirement 
specified in paragraph (b)(1) of this section, due to unforeseeable 
circumstances beyond his or her control, the owner or operator shall 
notify the Administrator within 5 days prior to the scheduled 
performance test date and specify the date when the performance test is 
rescheduled. This notification of delay in conducting the performance 
test shall not relieve the owner or operator of legal responsibility 
for compliance with any other applicable provisions of this part or 
with any other applicable Federal, State, or local requirement, nor 
will it prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (c) Quality assurance program. (1) The results of the quality 
assurance program required in this paragraph will be considered by the 
Administrator when he/she determines the validity of a performance 
test.
    (2)(i) Submission of site-specific test plan. Before conducting a 
required performance test, the owner or operator of an affected source 
shall develop and, if requested by the Administrator, shall submit a 
site-specific test plan to the Administrator for approval. The test 
plan shall include a test program summary, the test schedule, data 
quality objectives, and both an internal and external quality assurance 
(QA) program. Data quality objectives are the pretest expectations of 
precision, accuracy, and completeness of data.
    (ii) The internal QA program shall include, at a minimum, the 
activities planned by routine operators and analysts to provide an 
assessment of test data precision; an example of internal QA is the 
sampling and analysis of replicate samples.
    (iii) The external QA program shall include, at a minimum, 
application of plans for a test method performance audit (PA) during 
the performance test. The PA's consist of blind audit samples provided 
by the Administrator and analyzed during the performance test in order 
to provide a measure of test data bias. The external QA program may 
also include systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (iv) The owner or operator of an affected source shall submit the 
site-specific test plan to the Administrator upon the Administrator's 
request at least 60 calendar days before the performance test is 
scheduled to take place, that is, simultaneously with the notification 
of intention to conduct a performance test required under paragraph (b) 
of this section, or on a mutually agreed upon date.
    (v) The Administrator may request additional relevant information 
after the submittal of a site-specific test plan.
     (3) Approval of site-specific test plan. (i) The Administrator 
will notify the owner or operator of approval or intention to deny 
approval of the site-specific test plan (if review of the site-specific 
test plan is requested) within 30 calendar days after receipt of the 
original plan and within 30 calendar days after receipt of any 
supplementary information that is submitted under paragraph 
(c)(3)(i)(B) of this section. Before disapproving any site-specific 
test plan, the Administrator will notify the applicant of the 
Administrator's intention to disapprove the plan together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present, 
within 30 calendar days after he/she is notified of the intended 
disapproval, additional information to the Administrator before final 
action on the plan.
    (ii) In the event that the Administrator fails to approve or 
disapprove the site-specific test plan within the time period specified 
in paragraph (c)(3)(i) of this section, the following conditions shall 
apply:
    (A) If the owner or operator intends to demonstrate compliance 
using the test method(s) specified in the relevant standard, the owner 
or operator shall conduct the performance test within the time 
specified in this section using the specified method(s);
    (B) If the owner or operator intends to demonstrate compliance by 
using an alternative to any test method specified in the relevant 
standard, the owner or operator shall refrain from conducting the 
performance test until the Administrator approves the use of the 
alternative method when the Administrator approves the site-specific 
test plan (if review of the site-specific test plan is requested) or 
until after the alternative method is approved [see paragraph (f) of 
this section]. If the Administrator does not approve the site-specific 
test plan (if review is requested) or the use of the alternative method 
within 30 days before the test is scheduled to begin, the performance 
test dates specified in paragraph (a) of this section may be extended 
such that the owner or operator shall conduct the performance test 
within 60 calendar days after the Administrator approves the site-
specific test plan or after use of the alternative method is approved. 
Notwithstanding the requirements in the preceding two sentences, the 
owner or operator may proceed to conduct the performance test as 
required in this section (without the Administrator's prior approval of 
the site-specific test plan) if he/she subsequently chooses to use the 
specified testing and monitoring methods instead of an alternative.
    (iii) Neither the submission of a site-specific test plan for 
approval, nor the Administrator's approval or disapproval of a plan, 
nor the Administrator's failure to approve or disapprove a plan in a 
timely manner shall--
    (A) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any 
other applicable Federal, State, or local requirement; or
    (B) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (4)(i) Performance test method audit program. The owner or operator 
shall analyze performance audit (PA) samples during each performance 
test. The owner or operator shall request performance audit materials 
45 days prior to the test date. Cylinder audit gases may be obtained by 
contacting the Cylinder Audit Coordinator, Quality Assurance Division 
(MD-77B), Atmospheric Research and Exposure Assessment Laboratory 
(AREAL), U.S. EPA, Research Triangle Park, North Carolina 27711. All 
other audit materials may be obtained by contacting the Source Test 
Audit Coordinator, Quality Assurance Division (MD-77B), AREAL, U.S. 
EPA, Research Triangle Park, North Carolina 27711.
    (ii) The Administrator will have sole discretion to require any 
subsequent remedial actions of the owner or operator based on the PA 
results.
    (iii) If the Administrator fails to provide required PA materials 
to an owner or operator of an affected source in time to analyze the PA 
samples during a performance test, the requirement to conduct a PA 
under this paragraph shall be waived for such source for that 
performance test. Waiver under this paragraph of the requirement to 
conduct a PA for a particular performance test does not constitute a 
waiver of the requirement to conduct a PA for future required 
performance tests.
     (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new source and, at the request 
of the Administrator, the owner or operator of each existing source, 
shall provide performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes:
    (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.
    (e) Conduct of performance tests. (1) Performance tests shall be 
conducted under such conditions as the Administrator specifies to the 
owner or operator based on representative performance (i.e., 
performance based on normal operating conditions) of the affected 
source. Operations during periods of startup, shutdown, and malfunction 
shall not constitute representative conditions for the purpose of a 
performance test, nor shall emissions in excess of the level of the 
relevant standard during periods of startup, shutdown, and malfunction 
be considered a violation of the relevant standard unless otherwise 
specified in the relevant standard or a determination of noncompliance 
is made under Sec. 63.6(e). 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.
    (2) Performance tests shall be conducted and data shall be reduced 
in accordance with the test methods and procedures set forth in this 
section, in each relevant standard, and, if required, in applicable 
appendices of parts 51, 60, 61, and 63 of this chapter unless the 
Administrator--
    (i) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology; or
    (ii) Approves the use of an alternative test method, the results of 
which the Administrator has determined to be adequate for indicating 
whether a specific affected source is in compliance; or
    (iii) Approves shorter sampling times and smaller sample volumes 
when necessitated by process variables or other factors; or
    (iv) Waives the requirement for performance tests because the owner 
or operator of an affected source has demonstrated by other means to 
the Administrator's satisfaction that the affected source is in 
compliance with the relevant standard.
    (3) Unless otherwise specified in a relevant standard or test 
method, each performance test shall consist of three separate runs 
using the applicable test method. Each run shall be conducted for the 
time and under the conditions specified in the relevant standard. For 
the purpose of determining compliance with a relevant standard, the 
arithmetic mean of the results of the three runs shall apply. Upon 
receiving approval from the Administrator, results of a test run may be 
replaced with results of an additional test run in the event that--
    (i) A sample is accidentally lost after the testing team leaves the 
site; or
    (ii) Conditions occur in which one of the three runs must be 
discontinued because of forced shutdown; or
    (iii) Extreme meteorological conditions occur; or
    (iv) Other circumstances occur that are beyond the owner or 
operator's control.
     (4) Nothing in paragraphs (e)(1) through (e)(3) of this section 
shall be construed to abrogate the Administrator's authority to require 
testing under section 114 of the Act.
    (f) Use of an alternative test method--(1) General. Until 
permission to use an alternative test method has been granted by the 
Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section and 
the relevant standard.
    (2) The owner or operator of an affected source required to do 
performance testing by a relevant standard may use an alternative test 
method from that specified in the standard provided that the owner or 
operator--
    (i) Notifies the Administrator of his or her intention to use an 
alternative test method not later than with the submittal of the site-
specific test plan (if requested by the Administrator) or at least 60 
days before the performance test is scheduled to begin if a site-
specific test plan is not submitted;
    (ii) Uses Method 301 in Appendix A of this part to validate the 
alternative test method; and
    (iii) Submits the results of the Method 301 validation process 
along with the notification of intention and the justification for not 
using the specified test method. The owner or operator may submit the 
information required in this paragraph well in advance of the deadline 
specified in paragraph (f)(2)(i) of this section to ensure a timely 
review by the Administrator in order to meet the performance test date 
specified in this section or the relevant standard.
    (3) The Administrator will determine whether the owner or 
operator's validation of the proposed alternative test method is 
adequate when the Administrator approves or disapproves the site-
specific test plan required under paragraph (c) of this section. If the 
Administrator finds reasonable grounds to dispute the results obtained 
by the Method 301 validation process, the Administrator may require the 
use of a test method specified in a relevant standard.
    (4) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative test method for the purposes of 
demonstrating compliance with a relevant standard, the Administrator 
may require the use of a test method specified in a relevant standard.
    (5) If the owner or operator uses an alternative test method for an 
affected source during a required performance test, the owner or 
operator of such source shall continue to use the alternative test 
method for subsequent performance tests at that affected source until 
he or she receives approval from the Administrator to use another test 
method as allowed under Sec. 63.7(f).
    (6) Neither the validation and approval process nor the failure to 
validate an alternative test method shall abrogate the owner or 
operator's responsibility to comply with the requirements of this part.
    (g) Data analysis, recordkeeping, and reporting. (1) Unless 
otherwise specified in a relevant standard or test method, or as 
otherwise approved by the Administrator in writing, results of a 
performance test shall include the analysis of samples, determination 
of emissions, and raw data. A performance test is ``completed'' when 
field sample collection is terminated. The owner or operator of an 
affected source shall report the results of the performance test to the 
Administrator before the close of business on the 60th day following 
the completion of the performance test, unless specified otherwise in a 
relevant standard or as approved otherwise in writing by the 
Administrator [see Sec. 63.9(i)]. The results of the performance test 
shall be submitted as part of the notification of compliance status 
required under Sec. 63.9(h). Before a title V permit has been issued to 
the owner or operator of an affected source, the owner or operator 
shall send the results of the performance test to the Administrator. 
After a title V permit has been issued to the owner or operator of an 
affected source, the owner or operator shall send the results of the 
performance test to the appropriate permitting authority.
    (2) [Reserved]
     (3) For a minimum of 5 years after a performance test is 
conducted, the owner or operator shall retain and make available, upon 
request, for inspection by the Administrator the records or results of 
such performance test and other data needed to determine emissions from 
an affected source.
    (h) Waiver of performance tests.  (1) Until a waiver of a 
performance testing requirement has been granted by the Administrator 
under this paragraph, the owner or operator of an affected source 
remains subject to the requirements of this section.
    (2) Individual performance tests may be waived upon written 
application to the Administrator 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, or 
the owner or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) Request to waive a performance test. (i) If a request is made 
for an extension of compliance under Sec. 63.6(i), the application for 
a waiver of an initial performance test shall accompany the information 
required for the request for an extension of compliance. If no 
extension of compliance is requested or if the owner or operator has 
requested an extension of compliance and the Administrator is still 
considering that request, the application for a waiver of an initial 
performance test shall be submitted at least 60 days before the 
performance test if the site-specific test plan under paragraph (c) of 
this section is not submitted.
    (ii) If an application for a waiver of a subsequent performance 
test is made, the application may accompany any required compliance 
progress report, compliance status report, or excess emissions and 
continuous monitoring system performance report [such as those required 
under Sec. 63.6(i), Sec. 63.9(h), and Sec. 63.10(e) or specified in a 
relevant standard or in the source's title V permit], but it shall be 
submitted at least 60 days before the performance test if the site-
specific test plan required under paragraph (c) of this section is not 
submitted.
    (iii) Any application for a waiver of a performance test 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 affected source performing the required test.
    (4) Approval of request to waive performance test. The 
Administrator will approve or deny a request for a waiver of a 
performance test made under paragraph (h)(3) of this section when he/
she--
    (i) Approves or denies an extension of compliance under 
Sec. 63.6(i)(8); or
    (ii) Approves or disapproves a site-specific test plan under 
Sec. 63.7(c)(3); or
    (iii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iv) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) 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 affected source.


Sec. 63.8   Monitoring requirements.

    (a) Applicability. (1)(i) Unless otherwise specified in a relevant 
standard, this section applies to the owner or operator of an affected 
source required to do monitoring under that standard.
    (ii) Relevant standards established under this part will specify 
monitoring systems, methods, or procedures, monitoring frequency, and 
other pertinent requirements for source(s) regulated by those 
standards. This section specifies general monitoring requirements such 
as those governing the conduct of monitoring and requests to use 
alternative monitoring methods. In addition, this section specifies 
detailed requirements that apply to affected sources required to use 
continuous monitoring systems (CMS) under a relevant standard.
    (2) For the purposes of this part, all CMS required under relevant 
standards shall be subject to the provisions of this section upon 
promulgation of performance specifications for CMS as specified in the 
relevant standard or otherwise by the Administrator.
    (3) [Reserved]
    (4) Additional monitoring requirements for control devices used to 
comply with provisions in relevant standards of this part are specified 
in Sec. 63.11.
    (b) Conduct of monitoring. (1) Monitoring shall be conducted as set 
forth in this section and the relevant standard(s) unless the 
Administrator--
    (i) Specifies or approves the use of minor changes in methodology 
for the specified monitoring requirements and procedures; or
    (ii) Approves the use of alternatives to any monitoring 
requirements or procedures.
    (iii) Owners or operators with flares subject to Sec. 63.11(b) are 
not subject to the requirements of this section unless otherwise 
specified in the relevant standard.
    (2)(i) When the effluents from a single affected source, or from 
two or more affected sources, are combined before being released to the 
atmosphere, the owner or operator shall install an applicable CMS on 
each effluent.
    (ii) If the relevant standard is a mass emission standard and the 
effluent from one affected source is released to the atmosphere through 
more than one point, the owner or operator shall install an applicable 
CMS at each emission point unless the installation of fewer systems 
is--
    (A) Approved by the Administrator; or
    (B) Provided for in a relevant standard (e.g., instead of requiring 
that a CMS be installed at each emission point before the effluents 
from those points are channeled to a common control device, the 
standard specifies that only one CMS is required to be installed at the 
vent of the control device).
    (3) When more than one CMS is used to measure the emissions from 
one affected source (e.g., multiple breechings, multiple outlets), the 
owner or operator shall report the results as required for each CMS. 
However, when one CMS is used as a backup to another CMS, the owner or 
operator shall report the results from the CMS used to meet the 
monitoring requirements of this part. If both such CMS 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 CMS for the relevant compliance period.
    (c) Operation and maintenance of continuous monitoring systems. (1) 
The owner or operator of an affected source shall maintain and operate 
each CMS as specified in this section, or in a relevant standard, and 
in a manner consistent with good air pollution control practices.
    (i) The owner or operator of an affected source shall ensure the 
immediate repair or replacement of CMS parts to correct ``routine'' or 
otherwise predictable CMS malfunctions as defined in the source's 
startup, shutdown, and malfunction plan required by Sec. 63.6(e)(3). 
The owner or operator shall keep the necessary parts for routine 
repairs of the affected equipment readily available. If the plan is 
followed and the CMS repaired immediately, this action shall be 
reported in the semiannual startup, shutdown, and malfunction report 
required under Sec. 63.10(d)(5)(i).
    (ii) For those malfunctions or other events that affect the CMS and 
are not addressed by the startup, shutdown, and malfunction plan, the 
owner or operator shall report actions that are not consistent with the 
startup, shutdown, and malfunction plan within 24 hours after 
commencing actions inconsistent with the plan. The owner or operator 
shall send a follow-up report within 2 weeks after commencing actions 
inconsistent with the plan that either certifies that corrections have 
been made or includes a corrective action plan and schedule. The owner 
or operator shall provide proof that repair parts have been ordered or 
any other records that would indicate that the delay in making repairs 
is beyond his or her control.
    (iii) The Administrator's determination of whether acceptable 
operation and maintenance procedures are being used will be based on 
information that may include, but is not limited to, review of 
operation and maintenance procedures, operation and maintenance 
records, manufacturing recommendations and specifications, and 
inspection of the CMS. Operation and maintenance procedures written by 
the CMS manufacturer and other guidance also can be used to maintain 
and operate each CMS.
    (2) All CMS shall be installed such that representative 
measurements of emissions or process parameters from the affected 
source are obtained. In addition, CEMS shall be located according to 
procedures contained in the applicable performance specification(s).
    (3) All CMS shall be installed, operational, and the data verified 
as specified in the relevant standard either prior to or in conjunction 
with conducting performance tests under Sec. 63.7. 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.
    (4) Except for system breakdowns, out-of-control periods, repairs, 
maintenance periods, calibration checks, and zero (low-level) and high-
level calibration drift adjustments, all CMS, including COMS and CEMS, 
shall be in continuous operation and shall meet minimum frequency of 
operation requirements as follows:
    (i) All COMS shall complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (ii) All CEMS for measuring emissions other than opacity shall 
complete a minimum of one cycle of operation (sampling, analyzing, and 
data recording) for each successive 15-minute period.
    (5) Unless otherwise approved by the Administrator, minimum 
procedures for COMS shall include a method for producing a simulated 
zero opacity condition and an upscale (high-level) opacity condition 
using a certified neutral density filter or other related technique to 
produce a known obscuration of the light beam. Such procedures shall 
provide a system check of all the analyzer's internal optical surfaces 
and all electronic circuitry, including the lamp and photodetector 
assembly normally used in the measurement of opacity.
    (6) The owner or operator of a CMS installed in accordance with the 
provisions of this part and the applicable CMS performance 
specification(s) shall check the zero (low-level) and high-level 
calibration drifts at least once daily in accordance with the written 
procedure specified in the performance evaluation plan developed under 
paragraphs (e)(3)(i) and (e)(3)(ii) of this section. The zero (low-
level) and high-level calibration drifts shall be adjusted, at a 
minimum, whenever the 24-hour zero (low-level) drift exceeds two times 
the limits of the applicable performance specification(s) specified in 
the relevant standard. The system must allow the amount of excess zero 
(low-level) and high-level drift measured at the 24-hour interval 
checks to be recorded and quantified, whenever specified. For COMS, all 
optical and instrumental surfaces exposed to the effluent gases shall 
be cleaned prior to performing the zero (low-level) and high-level 
drift adjustments; the optical surfaces and instrumental surfaces shall 
be cleaned when the cumulative automatic zero compensation, if 
applicable, exceeds 4 percent opacity.
    (7)(i) A CMS is out of control if--
    (A) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift (CD) exceeds two times the applicable CD 
specification in the applicable performance specification or in the 
relevant standard; or
    (B) The CMS fails a performance test audit (e.g., cylinder gas 
audit), relative accuracy audit, relative accuracy test audit, or 
linearity test audit; or
    (C) The COMS CD exceeds two times the limit in the applicable 
performance specification in the relevant standard.
    (ii) When the CMS is out of control, the owner or operator of the 
affected source shall take the necessary corrective action and shall 
repeat all necessary tests which indicate that the system is out of 
control. The owner or operator shall take corrective action and conduct 
retesting until the performance requirements are below the applicable 
limits. The beginning of the out-of-control period is the hour the 
owner or operator conducts a performance check (e.g., calibration 
drift) that indicates an exceedance of the performance requirements 
established under this part. The end of the out-of-control period is 
the hour following the completion of corrective action and successful 
demonstration that the system is within the allowable limits. During 
the period the CMS is out of control, recorded data shall not be used 
in data averages and calculations, or to meet any data availability 
requirement established under this part.
    (8) The owner or operator of a CMS that is out of control as 
defined in paragraph (c)(7) of this section shall submit all 
information concerning out-of-control periods, including start and end 
dates and hours and descriptions of corrective actions taken, in the 
excess emissions and continuous monitoring system performance report 
required in Sec. 63.10(e)(3).
    (d) Quality control program. (1) The results of the quality control 
program required in this paragraph will be considered by the 
Administrator when he/she determines the validity of monitoring data.
    (2) The owner or operator of an affected source that is required to 
use a CMS and is subject to the monitoring requirements of this section 
and a relevant standard shall develop and implement a CMS quality 
control program. As part of the quality control program, the owner or 
operator shall develop and submit to the Administrator for approval 
upon request a site-specific performance evaluation test plan for the 
CMS performance evaluation required in paragraph (e)(3)(i) of this 
section, according to the procedures specified in paragraph (e). In 
addition, each quality control program shall include, at a minimum, a 
written protocol that describes procedures for each of the following 
operations:
    (i) Initial and any subsequent calibration of the CMS;
    (ii) Determination and adjustment of the calibration drift of the 
CMS;
    (iii) Preventive maintenance of the CMS, including spare parts 
inventory;
    (iv) Data recording, calculations, and reporting;
    (v) Accuracy audit procedures, including sampling and analysis 
methods; and
    (vi) Program of corrective action for a malfunctioning CMS.
    (3) The owner or operator shall keep these written procedures on 
record for the life of the affected source or until the affected source 
is no longer subject to the provisions of this part, to be made 
available for inspection, upon request, by the Administrator. If the 
performance evaluation plan is revised, the owner or operator shall 
keep previous (i.e., superseded) versions of the performance evaluation 
plan on record to be made available for inspection, upon request, by 
the Administrator, for a period of 5 years after each revision to the 
plan. Where relevant, e.g., program of corrective action for a 
malfunctioning CMS, these written procedures may be incorporated as 
part of the affected source's startup, shutdown, and malfunction plan 
to avoid duplication of planning and recordkeeping efforts.
    (e) Performance evaluation of continuous monitoring systems--(1) 
General. When required by a relevant standard, and at any other time 
the Administrator may require under section 114 of the Act, the owner 
or operator of an affected source being monitored shall conduct a 
performance evaluation of the CMS. Such performance evaluation shall be 
conducted according to the applicable specifications and procedures 
described in this section or in the relevant standard.
    (2) Notification of performance evaluation. The owner or operator 
shall notify the Administrator in writing of the date of the 
performance evaluation simultaneously with the notification of the 
performance test date required under Sec. 63.7(b) or at least 60 days 
prior to the date the performance evaluation is scheduled to begin if 
no performance test is required.
    (3)(i) Submission of site-specific performance evaluation test 
plan. Before conducting a required CMS performance evaluation, the 
owner or operator of an affected source shall develop and submit a 
site-specific performance evaluation test plan to the Administrator for 
approval upon request. The performance evaluation test plan shall 
include the evaluation program objectives, an evaluation program 
summary, the performance evaluation schedule, data quality objectives, 
and both an internal and external QA program. Data quality objectives 
are the pre-evaluation expectations of precision, accuracy, and 
completeness of data.
    (ii) The internal QA program shall include, at a minimum, the 
activities planned by routine operators and analysts to provide an 
assessment of CMS performance. The external QA program shall include, 
at a minimum, systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (iii) The owner or operator of an affected source shall submit the 
site-specific performance evaluation test plan to the Administrator (if 
requested) at least 60 days before the performance test or performance 
evaluation is scheduled to begin, or on a mutually agreed upon date, 
and review and approval of the performance evaluation test plan by the 
Administrator will occur with the review and approval of the site-
specific test plan (if review of the site-specific test plan is 
requested).
    (iv) The Administrator may request additional relevant information 
after the submittal of a site-specific performance evaluation test 
plan.
    (v) In the event that the Administrator fails to approve or 
disapprove the site-specific performance evaluation test plan within 
the time period specified in Sec. 63.7(c)(3), the following conditions 
shall apply:
    (A) If the owner or operator intends to demonstrate compliance 
using the monitoring method(s) specified in the relevant standard, the 
owner or operator shall conduct the performance evaluation within the 
time specified in this subpart using the specified method(s);
    (B) If the owner or operator intends to demonstrate compliance by 
using an alternative to a monitoring method specified in the relevant 
standard, the owner or operator shall refrain from conducting the 
performance evaluation until the Administrator approves the use of the 
alternative method. If the Administrator does not approve the use of 
the alternative method within 30 days before the performance evaluation 
is scheduled to begin, the performance evaluation deadlines specified 
in paragraph (e)(4) of this section may be extended such that the owner 
or operator shall conduct the performance evaluation within 60 calendar 
days after the Administrator approves the use of the alternative 
method. Notwithstanding the requirements in the preceding two 
sentences, the owner or operator may proceed to conduct the performance 
evaluation as required in this section (without the Administrator's 
prior approval of the site-specific performance evaluation test plan) 
if he/she subsequently chooses to use the specified monitoring 
method(s) instead of an alternative.
    (vi) Neither the submission of a site-specific performance 
evaluation test plan for approval, nor the Administrator's approval or 
disapproval of a plan, nor the Administrator' failure to approve or 
disapprove a plan in a timely manner shall--
    (A) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any 
other applicable Federal, State, or local requirement; or
    (B) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (4) Conduct of performance evaluation and performance evaluation 
dates. The owner or operator of an affected source shall conduct a 
performance evaluation of a required CMS during any performance test 
required under Sec. 63.7 in accordance with the applicable performance 
specification as specified in the relevant standard. Notwithstanding 
the requirement in the previous sentence, if the owner or operator of 
an affected source elects to submit COMS data for compliance with a 
relevant opacity emission standard as provided under Sec. 63.6(h)(7), 
he/she shall conduct a performance evaluation of the COMS as specified 
in the relevant standard, before the performance test required under 
Sec. 63.7 is conducted in time to submit the results of the performance 
evaluation as specified in paragraph (e)(5)(ii) of this section. If a 
performance test is not required, or the requirement for a performance 
test has been waived under Sec. 63.7(h), the owner or operator of an 
affected source shall conduct the performance evaluation not later than 
180 days after the appropriate compliance date for the affected source, 
as specified in Sec. 63.7(a), or as otherwise specified in the relevant 
standard.
    (5) Reporting performance evaluation results. (i) The owner or 
operator shall furnish the Administrator a copy of a written report of 
the results of the performance evaluation simultaneously with the 
results of the performance test required under Sec. 63.7 or within 60 
days of completion of the performance evaluation if no test is 
required, unless otherwise specified in a relevant standard. The 
Administrator may request that the owner or operator submit the raw 
data from a performance evaluation in the report of the performance 
evaluation results.
    (ii) The owner or operator of an affected source using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the 
Administrator two or, upon request, three copies of a written report of 
the results of the COMS performance evaluation under this paragraph. 
The copies shall be provided at least 15 calendar days before the 
performance test required under Sec. 63.7 is conducted.
    (f) Use of an alternative monitoring method--(1) General. Until 
permission to use an alternative monitoring method has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section and 
the relevant standard.
    (2) After receipt and consideration of written application, the 
Administrator may approve alternatives to any monitoring methods or 
procedures of this part including, but not limited to, the following:
    (i) Alternative monitoring requirements when installation of a CMS 
specified by a relevant standard would not provide accurate 
measurements due to liquid water or other interferences caused by 
substances within the effluent gases;
    (ii) Alternative monitoring requirements when the affected source 
is infrequently operated;
    (iii) Alternative monitoring requirements to accommodate CEMS that 
require additional measurements to correct for stack moisture 
conditions;
    (iv) Alternative locations for installing CMS when the owner or 
operator can demonstrate that installation at alternate locations will 
enable accurate and representative measurements;
    (v) Alternate methods for converting pollutant concentration 
measurements to units of the relevant standard;
    (vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases 
or test cells;
    (vii) Alternatives to the American Society for Testing and 
Materials (ASTM) test methods or sampling procedures specified by any 
relevant standard;
    (viii) Alternative CMS that do not meet the design or performance 
requirements in this part, but adequately demonstrate a definite and 
consistent relationship between their measurements and the measurements 
of opacity by a system complying with the requirements as specified in 
the relevant standard. The Administrator may require that such 
demonstration be performed for each affected source; or
    (ix) Alternative monitoring requirements when the effluent from a 
single affected source or the combined effluent from two or more 
affected sources is released to the atmosphere through more than one 
point.
    (3) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, requirement, or 
procedure, the Administrator may require the use of a method, 
requirement, or procedure specified in this section or in the relevant 
standard. If the results of the specified and alternative method, 
requirement, or procedure do not agree, the results obtained by the 
specified method, requirement, or procedure shall prevail.
    (4)(i) Request to use alternative monitoring method. An owner or 
operator who wishes to use an alternative monitoring method shall 
submit an application to the Administrator as described in paragraph 
(f)(4)(ii) of this section, below. The application may be submitted at 
any time provided that the monitoring method is not used to demonstrate 
compliance with a relevant standard or other requirement. If the 
alternative monitoring method is to be used to demonstrate compliance 
with a relevant standard, the application shall be submitted not later 
than with the site-specific test plan required in Sec. 63.7(c) (if 
requested) or with the site-specific performance evaluation plan (if 
requested) or at least 60 days before the performance evaluation is 
scheduled to begin.
    (ii) The application shall contain a description of the proposed 
alternative monitoring system and a performance evaluation test plan, 
if required, as specified in paragraph (e)(3) of this section. 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 affected source using the required method.
    (iii) The owner or operator may submit the information required in 
this paragraph well in advance of the submittal dates specified in 
paragraph (f)(4)(i) above to ensure a timely review by the 
Administrator in order to meet the compliance demonstration date 
specified in this section or the relevant standard.
    (5) Approval of request to use alternative monitoring method. (i) 
The Administrator will notify the owner or operator of approval or 
intention to deny approval of the request to use an alternative 
monitoring method within 30 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 monitoring method, the Administrator will notify the 
applicant of the Administrator's intention to disapprove the request 
together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
     (B) 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 his or 
her 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.
    (ii) The Administrator may establish general procedures and 
criteria in a relevant standard to accomplish the requirements of 
paragraph (f)(5)(i) of this section.
    (iii) If the Administrator approves the use of an alternative 
monitoring method for an affected source under paragraph (f)(5)(i) of 
this section, the owner or operator of such source shall continue to 
use the alternative monitoring method until he or she receives approval 
from the Administrator to use another monitoring method as allowed by 
Sec. 63.8(f).
    (6) Alternative to the relative accuracy test. An alternative to 
the relative accuracy test for CEMS specified in a relevant standard 
may be requested as follows:
    (i) Criteria for approval of alternative procedures. An alternative 
to the test method for determining relative accuracy is available for 
affected sources with emission rates demonstrated to be less than 50 
percent of the relevant standard. The owner or operator of an affected 
source may petition the Administrator under paragraph (f)(6)(ii) of 
this section to substitute the relative accuracy test in section 7 of 
Performance Specification 2 with the procedures in section 10 if the 
results of a performance test conducted according to the requirements 
in Sec. 63.7, or other tests performed following the criteria in 
Sec. 63.7, demonstrate that the emission rate of the pollutant of 
interest in the units of the relevant standard is less than 50 percent 
of the relevant standard. For affected sources subject to emission 
limitations expressed as control efficiency levels, the owner or 
operator may petition the Administrator to substitute the relative 
accuracy test with the procedures in section 10 of Performance 
Specification 2 if the control device exhaust emission rate is less 
than 50 percent of the level needed to meet the control efficiency 
requirement. The alternative procedures do not apply if the CEMS is 
used continuously to determine compliance with the relevant standard.
    (ii) Petition to use alternative to relative accuracy test. The 
petition to use an alternative to the relative accuracy test shall 
include a detailed description of the procedures to be applied, the 
location and the procedure for conducting the alternative, the 
concentration or response levels of the alternative relative accuracy 
materials, and the other equipment checks included in the alternative 
procedure(s). The Administrator will review the petition for 
completeness and applicability. The Administrator's determination to 
approve an alternative will depend on the intended use of the CEMS data 
and may require specifications more stringent than in Performance 
Specification 2.
    (iii) Rescission of approval to use alternative to relative 
accuracy test. The Administrator will review the permission to use an 
alternative to the CEMS relative accuracy test and may rescind such 
permission if the CEMS data from a successful completion of the 
alternative relative accuracy procedure indicate that the affected 
source's emissions are approaching the level of the relevant standard. 
The criterion for reviewing the permission is that the collection of 
CEMS data shows that emissions have exceeded 70 percent of the relevant 
standard for any averaging period, as specified in the relevant 
standard. For affected sources subject to emission limitations 
expressed as control efficiency levels, the criterion for reviewing the 
permission is that the collection of CEMS data shows that exhaust 
emissions have exceeded 70 percent of the level needed to meet the 
control efficiency requirement for any averaging period, as specified 
in the relevant standard. The owner or operator of the affected source 
shall maintain records and determine the level of emissions relative to 
the criterion for permission to use an alternative for relative 
accuracy testing. If this criterion is exceeded, the owner or operator 
shall notify the Administrator within 10 days of such occurrence and 
include a description of the nature and cause of the increased 
emissions. The Administrator will review the notification and may 
rescind permission to use an alternative and require the owner or 
operator to conduct a relative accuracy test of the CEMS as specified 
in section 7 of Performance Specification 2.
    (g) Reduction of monitoring data. (1) The owner or operator of each 
CMS shall reduce the monitoring data as specified in this paragraph. In 
addition, each relevant standard may contain additional requirements 
for reducing monitoring data. When additional requirements are 
specified in a relevant standard, the standard will identify any 
unnecessary or duplicated requirements in this paragraph that the owner 
or operator need not comply with.
    (2) The owner or operator of each COMS shall reduce all data to 6-
minute averages calculated from 36 or more data points equally spaced 
over each 6-minute period. Data from CEMS for measurement other than 
opacity, unless otherwise specified in the relevant standard, shall be 
reduced to 1-hour averages computed from four or more data points 
equally spaced over each 1-hour period, except during periods when 
calibration, quality assurance, or maintenance activities pursuant to 
provisions of this part are being performed. During these periods, a 
valid hourly average shall consist of at least two data points with 
each representing a 15-minute period. Alternatively, an arithmetic or 
integrated 1-hour average of CEMS data may be used. Time periods for 
averaging are defined in Sec. 63.2.
    (3) The data may be recorded in reduced or nonreduced form (e.g., 
ppm pollutant and percent O2 or ng/J of pollutant).
    (4) All emission data shall be converted into units of the relevant 
standard for reporting purposes using the conversion procedures 
specified in that standard. After conversion into units of the relevant 
standard, the data may be rounded to the same number of significant 
digits as used in that standard to specify the emission limit (e.g., 
rounded to the nearest 1 percent opacity).
    (5) Monitoring data recorded during periods of unavoidable CMS 
breakdowns, out-of-control periods, repairs, maintenance periods, 
calibration checks, and zero (low-level) and high-level adjustments 
shall not be included in any data average computed under this part.


Sec. 63.9  Notification requirements.

    (a) Applicability and general information. (1) The requirements in 
this section apply to owners and operators of affected sources that are 
subject to the provisions of this part, unless specified otherwise in a 
relevant standard.
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.
    (3) If any State requires a notice that contains all the 
information required in a notification listed in this section, the 
owner or operator may send the Administrator a copy of the notice sent 
to the State to satisfy the requirements of this section for that 
notification.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce notification requirements established under this part, the 
owner or operator of an affected source in such State subject to such 
requirements shall submit notifications to the appropriate Regional 
Office of the EPA (to the attention of the Director of the Division 
indicated in the list of the EPA Regional Offices in Sec. 63.13).
    (ii) After a State has been delegated the authority to implement 
and enforce notification requirements established under this part, the 
owner or operator of an affected source in such State subject to such 
requirements shall submit notifications to the delegated State 
authority (which may be the same as the permitting authority). In 
addition, if the delegated (permitting) authority is the State, the 
owner or operator shall send a copy of each notification submitted to 
the State to the appropriate Regional Office of the EPA, as specified 
in paragraph (a)(4)(i) of this section. The Regional Office may waive 
this requirement for any notifications at its discretion.
    (b) Initial notifications. (1)(i) The requirements of this 
paragraph apply to the owner or operator of an affected source when 
such source becomes subject to a relevant standard.
    (ii) If an area source that otherwise would be subject to an 
emission standard or other requirement established under this part if 
it were a major source subsequently increases its emissions of 
hazardous air pollutants (or its potential to emit hazardous air 
pollutants) such that the source is a major source that is subject to 
the emission standard or other requirement, such source shall be 
subject to the notification requirements of this section.
    (iii) Affected sources that are required under this paragraph to 
submit an initial notification may use the application for approval of 
construction or reconstruction under Sec. 63.5(d) of this subpart, if 
relevant, to fulfill the initial notification requirements of this 
paragraph.
    (2) The owner or operator of an affected source that has an initial 
startup before the effective date of a relevant standard under this 
part shall notify the Administrator in writing that the source is 
subject to the relevant standard. The notification, which shall be 
submitted not later than 120 calendar days after the effective date of 
the relevant standard (or within 120 calendar days after the source 
becomes subject to the relevant standard), shall provide the following 
information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the affected source;
    (iii) An identification of the relevant standard, or other 
requirement, that is the basis of the notification and the source's 
compliance date;
    (iv) A brief description of the nature, size, design, and method of 
operation of the source, including its operating design capacity and an 
identification of each point of emission for each hazardous air 
pollutant, or if a definitive identification is not yet possible, a 
preliminary identification of each point of emission for each hazardous 
air pollutant; and
    (v) A statement of whether the affected source is a major source or 
an area source.
    (3) The owner or operator of a new or reconstructed affected 
source, or a source that has been reconstructed such that it is an 
affected source, that has an initial startup after the effective date 
of a relevant standard under this part and for which an application for 
approval of construction or reconstruction is not required under 
Sec. 63.5(d), shall notify the Administrator in writing that the source 
is subject to the relevant standard no later than 120 days after 
initial startup. The notification shall provide all the information 
required in paragraphs (b)(2)(i) through (b)(2)(v) of this section, 
delivered or postmarked with the notification required in paragraph 
(b)(5).
    (4) The owner or operator of a new or reconstructed major affected 
source that has an initial startup after the effective date of a 
relevant standard under this part and for which an application for 
approval of construction or reconstruction is required under 
Sec. 63.5(d) shall provide the following information in writing to the 
Administrator:
    (i) A notification of intention to construct a new major affected 
source, reconstruct a major affected source, or reconstruct a major 
source such that the source becomes a major affected source with the 
application for approval of construction or reconstruction as specified 
in Sec. 63.5(d)(1)(i);
    (ii) A notification of the date when construction or reconstruction 
was commenced, submitted simultaneously with the application for 
approval of construction or reconstruction, if construction or 
reconstruction was commenced before the effective date of the relevant 
standard;
    (iii) A notification of the date when construction or 
reconstruction was commenced, delivered or postmarked not later than 30 
days after such date, if construction or reconstruction was commenced 
after the effective date of the relevant standard;
    (iv) A notification of the anticipated date of startup of the 
source, delivered or postmarked not more than 60 days nor less than 30 
days before such date; and
    (v) A notification of the actual date of startup of the source, 
delivered or postmarked within 15 calendar days after that date.
    (5) After the effective date of any relevant standard established 
by the Administrator under this part, whether or not an approved permit 
program is effective in the State in which an affected source is (or 
would be) located, an owner or operator who intends to construct a new 
affected source or reconstruct an affected source subject to such 
standard, or reconstruct a source such that it becomes an affected 
source subject to such standard, shall notify the Administrator, in 
writing, of the intended construction or reconstruction. The 
notification shall be submitted as soon as practicable before the 
construction or reconstruction is planned to commence (but no sooner 
than the effective date of the relevant standard) if the construction 
or reconstruction commences after the effective date of a relevant 
standard promulgated in this part. The notification shall be submitted 
as soon as practicable before startup but no later than 60 days after 
the effective date of a relevant standard promulgated in this part if 
the construction or reconstruction had commenced and initial startup 
had not occurred before the standard's effective date. The notification 
shall include all the information required for an application for 
approval of construction or reconstruction as specified in 
Sec. 63.5(d). For major sources, the application for approval of 
construction or reconstruction may be used to fulfill the requirements 
of this paragraph.
    (c) Request for extension of compliance. If the owner or operator 
of an affected source cannot comply with a relevant standard by the 
applicable compliance date for that source, or if the owner or operator 
has installed BACT or technology to meet LAER consistent with 
Sec. 63.6(i)(5) of this subpart, he/she may submit to the Administrator 
(or the State with an approved permit program) a request for an 
extension of compliance as specified in Sec. 63.6(i)(4) through 
Sec. 63.6(i)(6).
    (d) Notification that source is subject to special compliance 
requirements. An owner or operator of a new source that is subject to 
special compliance requirements as specified in Sec. 63.6(b)(3) and 
Sec. 63.6(b)(4) shall notify the Administrator of his/her compliance 
obligations not later than the notification dates established in 
paragraph (b) of this section for new sources that are not subject to 
the special provisions.
    (e) Notification of performance test. The owner or operator of an 
affected source shall notify the Administrator in writing of his or her 
intention to conduct a performance test at least 60 calendar days 
before the performance test is scheduled to begin to allow the 
Administrator to review and approve the site-specific test plan 
required under Sec. 63.7(c), if requested by the Administrator, and to 
have an observer present during the test.
    (f) Notification of opacity and visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting the opacity or 
visible emission observations specified in Sec. 63.6(h)(5), if such 
observations are required for the source by a relevant standard. The 
notification shall be submitted with the notification of the 
performance test date, as specified in paragraph (e) of this section, 
or if no performance test is required or visibility or other conditions 
prevent the opacity or visible emission observations from being 
conducted concurrently with the initial performance test required under 
Sec. 63.7, the owner or operator shall deliver or postmark the 
notification not less than 30 days before the opacity or visible 
emission observations are scheduled to take place.
    (g) Additional notification requirements for sources with 
continuous monitoring systems. The owner or operator of an affected 
source required to use a CMS by a relevant standard shall furnish the 
Administrator written notification as follows:
    (1) A notification of the date the CMS performance evaluation under 
Sec. 63.8(e) is scheduled to begin, submitted simultaneously with the 
notification of the performance test date required under Sec. 63.7(b). 
If no performance test is required, or if the requirement to conduct a 
performance test has been waived for an affected source under 
Sec. 63.7(h), the owner or operator shall notify the Administrator in 
writing of the date of the performance evaluation at least 60 calendar 
days before the evaluation is scheduled to begin;
    (2) A notification that COMS data results will be used to determine 
compliance with the applicable opacity emission standard during a 
performance test required by Sec. 63.7 in lieu of Method 9 or other 
opacity emissions test method data, as allowed by Sec. 63.6(h)(7)(ii), 
if compliance with an opacity emission standard is required for the 
source by a relevant standard. The notification shall be submitted at 
least 60 calendar days before the performance test is scheduled to 
begin; and
    (3) A notification that the criterion necessary to continue use of 
an alternative to relative accuracy testing, as provided by 
Sec. 63.8(f)(6), has been exceeded. The notification shall be delivered 
or postmarked not later than 10 days after the occurrence of such 
exceedance, and it shall include a description of the nature and cause 
of the increased emissions.
    (h) Notification of compliance status. (1) The requirements of 
paragraphs (h)(2) through (h)(4) of this section apply when an affected 
source becomes subject to a relevant standard.
    (2)(i) Before a title V permit has been issued to the owner or 
operator of an affected source, and each time a notification of 
compliance status is required under this part, the owner or operator of 
such source shall submit to the Administrator a notification of 
compliance status, signed by the responsible official who shall certify 
its accuracy, attesting to whether the source has complied with the 
relevant standard. The notification shall list--
    (A) The methods that were used to determine compliance;
    (B) The results of any performance tests, opacity or visible 
emission observations, continuous monitoring system (CMS) performance 
evaluations, and/or other monitoring procedures or methods that were 
conducted;
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods;
    (D) The type and quantity of hazardous air pollutants emitted by 
the source (or surrogate pollutants if specified in the relevant 
standard), reported in units and averaging times and in accordance with 
the test methods specified in the relevant standard;
    (E) An analysis demonstrating whether the affected source is a 
major source or an area source (using the emissions data generated for 
this notification);
    (F) A description of the air pollution control equipment (or 
method) for each emission point, including each control device (or 
method) for each hazardous air pollutant and the control efficiency 
(percent) for each control device (or method); and
    (G) A statement by the owner or operator of the affected existing, 
new, or reconstructed source as to whether the source has complied with 
the relevant standard or other requirements.
    (ii) The notification shall be sent before the close of business on 
the 60th day following the completion of the relevant compliance 
demonstration activity specified in the relevant standard (unless a 
different reporting period is specified in a relevant standard, in 
which case the letter shall be sent before the close of business on the 
day the report of the relevant testing or monitoring results is 
required to be delivered or postmarked). For example, the notification 
shall be sent before close of business on the 60th (or other required) 
day following completion of the initial performance test and again 
before the close of business on the 60th (or other required) day 
following the completion of any subsequent required performance test. 
If no performance test is required but opacity or visible emission 
observations are required to demonstrate compliance with an opacity or 
visible emission standard under this part, the notification of 
compliance status shall be sent before close of business on the 30th 
day following the completion of opacity or visible emission 
observations.
    (3) After a title V permit has been issued to the owner or operator 
of an affected source, the owner or operator of such source shall 
comply with all requirements for compliance status reports contained in 
the source's title V permit, including reports required under this 
part. After a title V permit has been issued to the owner or operator 
of an affected source, and each time a notification of compliance 
status is required under this part, the owner or operator of such 
source shall submit the notification of compliance status to the 
appropriate permitting authority following completion of the relevant 
compliance demonstration activity specified in the relevant standard.
    (4) [Reserved]
    (5) If an owner or operator of an affected source submits estimates 
or preliminary information in the application for approval of 
construction or reconstruction required in Sec. 63.5(d) in place of the 
actual emissions data or control efficiencies required in paragraphs 
(d)(1)(ii)(H) and (d)(2) of Sec. 63.5, the owner or operator shall 
submit the actual emissions data and other correct information as soon 
as available but no later than with the initial notification of 
compliance status required in this section.
    (6) Advice on a notification of compliance status may be obtained 
from the Administrator.
    (i) Adjustment to time periods or postmark deadlines for submittal 
and review of required communications. (1)(i) Until an adjustment of a 
time period or postmark deadline has been approved by the Administrator 
under paragraphs (i)(2) and (i)(3) of this section, the owner or 
operator of an affected source remains strictly subject to the 
requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (i)(2) and (i)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 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 practicable 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.
    (3) 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 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) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.
    (j) Change in information already provided. Any change in the 
information already provided under this section shall be provided to 
the Administrator in writing within 15 calendar days after the change.


Sec. 63.10  Recordkeeping and reporting requirements.

    (a) Applicability and general information. (1) The requirements of 
this section apply to owners or operators of affected sources who are 
subject to the provisions of this part, unless specified otherwise in a 
relevant standard.
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.
    (3) If any State requires a report that contains all the 
information required in a report listed in this section, an owner or 
operator may send the Administrator a copy of the report sent to the 
State to satisfy the requirements of this section for that report.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce recordkeeping and reporting requirements established under 
this part, the owner or operator of an affected source in such State 
subject to such requirements shall submit reports to the appropriate 
Regional Office of the EPA (to the attention of the Director of the 
Division indicated in the list of the EPA Regional Offices in 
Sec. 63.13).
    (ii) After a State has been delegated the authority to implement 
and enforce recordkeeping and reporting requirements established under 
this part, the owner or operator of an affected source in such State 
subject to such requirements shall submit reports to the delegated 
State authority (which may be the same as the permitting authority). In 
addition, if the delegated (permitting) authority is the State, the 
owner or operator shall send a copy of each report submitted to the 
State to the appropriate Regional Office of the EPA, as specified in 
paragraph (a)(4)(i) of this section. The Regional Office may waive this 
requirement for any reports at its discretion.
    (5) If an owner or operator of an affected source in a State with 
delegated authority is required to submit periodic reports under this 
part to the State, and if the State has an established timeline for the 
submission of periodic reports that is consistent with the reporting 
frequency(ies) specified for such source under this part, the owner or 
operator may change the dates by which periodic reports under this part 
shall be submitted (without changing the frequency of reporting) to be 
consistent with the State's schedule by mutual agreement between the 
owner or operator and the State. For each relevant standard established 
pursuant to section 112 of the Act, the allowance in the previous 
sentence applies in each State beginning 1 year after the affected 
source's compliance date for that standard. Procedures governing the 
implementation of this provision are specified in Sec. 63.9(i).
    (6) If an owner or operator supervises one or more stationary 
sources affected by more than one standard established pursuant to 
section 112 of the Act, he/she may arrange by mutual agreement between 
the owner or operator and the Administrator (or the State permitting 
authority) a common schedule on which periodic reports required for 
each source shall be submitted throughout the year. The allowance in 
the previous sentence applies in each State beginning 1 year after the 
latest compliance date for any relevant standard established pursuant 
to section 112 of the Act for any such affected source(s). Procedures 
governing the implementation of this provision are specified in 
Sec. 63.9(i).
    (7) If an owner or operator supervises one or more stationary 
sources affected by standards established pursuant to section 112 of 
the Act (as amended November 15, 1990) and standards set under part 60, 
part 61, or both such parts of this chapter, he/she may arrange by 
mutual agreement between the owner or operator and the Administrator 
(or the State permitting authority) a common schedule on which periodic 
reports required by each relevant (i.e., applicable) standard shall be 
submitted throughout the year. The allowance in the previous sentence 
applies in each State beginning 1 year after the stationary source is 
required to be in compliance with the relevant section 112 standard, or 
1 year after the stationary source is required to be in compliance with 
the applicable part 60 or part 61 standard, whichever is latest. 
Procedures governing the implementation of this provision are specified 
in Sec. 63.9(i).
    (b) General recordkeeping requirements. (1) The owner or operator 
of an affected source subject to the provisions of this part shall 
maintain files of all information (including all reports and 
notifications) required by this part recorded in a form suitable and 
readily available for expeditious inspection and review. The files 
shall be retained for at least 5 years following the date of each 
occurrence, measurement, maintenance, corrective action, report, or 
record. At a minimum, the most recent 2 years of data shall be retained 
on site. The remaining 3 years of data may be retained off site. Such 
files may be maintained on microfilm, on a computer, on computer floppy 
disks, on magnetic tape disks, or on microfiche.
    (2) The owner or operator of an affected source subject to the 
provisions of this part shall maintain relevant records for such source 
of--
    (i) The occurrence and duration of each startup, shutdown, or 
malfunction of operation (i.e., process equipment);
    (ii) The occurrence and duration of each malfunction of the air 
pollution control equipment;
    (iii) All maintenance performed on the air pollution control 
equipment;
    (iv) Actions taken during periods of startup, shutdown, and 
malfunction (including corrective actions to restore malfunctioning 
process and air pollution control equipment to its normal or usual 
manner of operation) when such actions are different from the 
procedures specified in the affected source's startup, shutdown, and 
malfunction plan [see Sec. 63.6(e)(3)];
    (v) All information necessary to demonstrate conformance with the 
affected source's startup, shutdown, and malfunction plan [see 
Sec. 63.6(e)(3)] when all actions taken during periods of startup, 
shutdown, and malfunction (including corrective actions to restore 
malfunctioning process and air pollution control equipment to its 
normal or usual manner of operation) are consistent with the procedures 
specified in such plan. (The information needed to demonstrate 
conformance with the startup, shutdown, and malfunction plan may be 
recorded using a ``checklist,'' or some other effective form of 
recordkeeping, in order to minimize the recordkeeping burden for 
conforming events);
    (vi) Each period during which a CMS is malfunctioning or 
inoperative (including out-of-control periods);
    (vii) All required measurements needed to demonstrate compliance 
with a relevant standard (including, but not limited to, 15-minute 
averages of CMS data, raw performance testing measurements, and raw 
performance evaluation measurements, that support data that the source 
is required to report);
    (viii) All results of performance tests, CMS performance 
evaluations, and opacity and visible emission observations;
    (ix) All measurements as may be necessary to determine the 
conditions of performance tests and performance evaluations;
    (x) All CMS calibration checks;
    (xi) All adjustments and maintenance performed on CMS;
    (xii) Any information demonstrating whether a source is meeting the 
requirements for a waiver of recordkeeping or reporting requirements 
under this part, if the source has been granted a waiver under 
paragraph (f) of this section;
    (xiii) All emission levels relative to the criterion for obtaining 
permission to use an alternative to the relative accuracy test, if the 
source has been granted such permission under Sec. 63.8(f)(6); and
    (xiv) All documentation supporting initial notifications and 
notifications of compliance status under Sec. 63.9.
    (3) Recordkeeping requirement for applicability determinations. If 
an owner or operator determines that his or her stationary source that 
emits (or has the potential to emit, without considering controls) one 
or more hazardous air pollutants is not subject to a relevant standard 
or other requirement established under this part, the owner or operator 
shall keep a record of the applicability determination on site at the 
source for a period of 5 years after the determination, or until the 
source changes its operations to become an affected source, whichever 
comes first. The record of the applicability determination shall 
include an analysis (or other information) that demonstrates why the 
owner or operator believes the source is unaffected (e.g., because the 
source is an area source). The analysis (or other information) shall be 
sufficiently detailed to allow the Administrator to make a finding 
about the source's applicability status with regard to the relevant 
standard or other requirement. If relevant, the analysis shall be 
performed in accordance with requirements established in subparts of 
this part for this purpose for particular categories of stationary 
sources. If relevant, the analysis should be performed in accordance 
with EPA guidance materials published to assist sources in making 
applicability determinations under section 112, if any.
    (c) Additional recordkeeping requirements for sources with 
continuous monitoring systems. In addition to complying with the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section, 
the owner or operator of an affected source required to install a CMS 
by a relevant standard shall maintain records for such source of--
    (1) All required CMS measurements (including monitoring data 
recorded during unavoidable CMS breakdowns and out-of-control periods);
    (2)-(4) [Reserved]
    (5) The date and time identifying each period during which the CMS 
was inoperative except for zero (low-level) and high-level checks;
    (6) The date and time identifying each period during which the CMS 
was out of control, as defined in Sec. 63.8(c)(7);
    (7) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions and 
parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during startups, shutdowns, and malfunctions 
of the affected source;
    (8) The specific identification (i.e., the date and time of 
commencement and completion) of each time period of excess emissions 
and parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during periods other than startups, shutdowns, 
and malfunctions of the affected source;
    (9) [Reserved]
    (10) The nature and cause of any malfunction (if known);
    (11) The corrective action taken or preventive measures adopted;
    (12) The nature of the repairs or adjustments to the CMS that was 
inoperative or out of control;
    (13) The total process operating time during the reporting period; 
and
    (14) All procedures that are part of a quality control program 
developed and implemented for CMS under Sec. 63.8(d).
    (15) In order to satisfy the requirements of paragraphs (c)(10) 
through (c)(12) of this section and to avoid duplicative recordkeeping 
efforts, the owner or operator may use the affected source's startup, 
shutdown, and malfunction plan or records kept to satisfy the 
recordkeeping requirements of the startup, shutdown, and malfunction 
plan specified in Sec. 63.6(e), provided that such plan and records 
adequately address the requirements of paragraphs (c)(10) through 
(c)(12).
    (d) General reporting requirements. (1) Notwithstanding the 
requirements in this paragraph or paragraph (e) of this section, the 
owner or operator of an affected source subject to reporting 
requirements under this part shall submit reports to the Administrator 
in accordance with the reporting requirements in the relevant 
standard(s).
    (2) Reporting results of performance tests. Before a title V permit 
has been issued to the owner or operator of an affected source, the 
owner or operator shall report the results of any performance test 
under Sec. 63.7 to the Administrator. After a title V permit has been 
issued to the owner or operator of an affected source, the owner or 
operator shall report the results of a required performance test to the 
appropriate permitting authority. The owner or operator of an affected 
source shall report the results of the performance test to the 
Administrator (or the State with an approved permit program) before the 
close of business on the 60th day following the completion of the 
performance test, unless specified otherwise in a relevant standard or 
as approved otherwise in writing by the Administrator. The results of 
the performance test shall be submitted as part of the notification of 
compliance status required under Sec. 63.9(h).
    (3) Reporting results of opacity or visible emission observations. 
The owner or operator of an affected source required to conduct opacity 
or visible emission observations by a relevant standard shall report 
the opacity or visible emission results (produced using Test Method 9 
or Test Method 22, or an alternative to these test methods) along with 
the results of the performance test required under Sec. 63.7. If no 
performance test is required, or if visibility or other conditions 
prevent the opacity or visible emission observations from being 
conducted concurrently with the performance test required under 
Sec. 63.7, the owner or operator shall report the opacity or visible 
emission results before the close of business on the 30th day following 
the completion of the opacity or visible emission observations.
    (4) Progress reports. The owner or operator of an affected source 
who is required to submit progress reports as a condition of receiving 
an extension of compliance under Sec. 63.6(i) shall submit such reports 
to the Administrator (or the State with an approved permit program) by 
the dates specified in the written extension of compliance.
    (5)(i) Periodic startup, shutdown, and malfunction reports. If 
actions taken by an owner or operator during a startup, shutdown, or 
malfunction of an affected source (including actions taken to correct a 
malfunction) are consistent with the procedures specified in the 
source's startup, shutdown, and malfunction plan [see Sec. 63.6(e)(3)], 
the owner or operator shall state such information in a startup, 
shutdown, and malfunction report. Reports shall only be required if a 
startup, shutdown, or malfunction occurred during the reporting period. 
The startup, shutdown, and malfunction report shall consist of a 
letter, containing the name, title, and signature of the owner or 
operator or other responsible official who is certifying its accuracy, 
that shall be submitted to the Administrator semiannually (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). If 
the owner or operator is required to submit excess emissions and 
continuous monitoring system performance (or other periodic) reports 
under this part, the startup, shutdown, and malfunction reports 
required under this paragraph may be submitted simultaneously with the 
excess emissions and continuous monitoring system performance (or 
other) reports. If startup, shutdown, and malfunction reports are 
submitted with excess emissions and continuous monitoring system 
performance (or other periodic) reports, and the owner or operator 
receives approval to reduce the frequency of reporting for the latter 
under paragraph (e) of this section, the frequency of reporting for the 
startup, shutdown, and malfunction reports also may be reduced if the 
Administrator does not object to the intended change. The procedures to 
implement the allowance in the preceding sentence shall be the same as 
the procedures specified in paragraph (e)(3) of this section.
    (ii) Immediate startup, shutdown, and malfunction reports. 
Notwithstanding the allowance to reduce the frequency of reporting for 
periodic startup, shutdown, and malfunction reports under paragraph 
(d)(5)(i) of this section, any time an action taken by an owner or 
operator during a startup, shutdown, or malfunction (including actions 
taken to correct a malfunction) is not consistent with the procedures 
specified in the affected source's startup, shutdown, and malfunction 
plan, the owner or operator shall report the actions taken for that 
event within 2 working days after commencing actions inconsistent with 
the plan followed by a letter within 7 working days after the end of 
the event. The immediate report required under this paragraph shall 
consist of a telephone call (or facsimile [FAX] transmission) to the 
Administrator within 2 working days after commencing actions 
inconsistent with the plan, and it shall be followed by a letter, 
delivered or postmarked within 7 working days after the end of the 
event, that contains the name, title, and signature of the owner or 
operator or other responsible official who is certifying its accuracy, 
explaining 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. Notwithstanding the requirements of the previous 
sentence, after the effective date of an approved permit program in the 
State in which an affected source is located, the owner or operator may 
make alternative reporting arrangements, in advance, with the 
permitting authority in that State. Procedures governing the 
arrangement of alternative reporting requirements under this paragraph 
are specified in Sec. 63.9(i).
    (e) Additional reporting requirements for sources with continuous 
monitoring systems--(1) General. When more than one CEMS is used to 
measure the emissions from one affected source (e.g., multiple 
breechings, multiple outlets), the owner or operator shall report the 
results as required for each CEMS.
    (2) Reporting results of continuous monitoring system performance 
evaluations. (i) The owner or operator of an affected source required 
to install a CMS by a relevant standard shall furnish the Administrator 
a copy of a written report of the results of the CMS performance 
evaluation, as required under Sec. 63.8(e), simultaneously with the 
results of the performance test required under Sec. 63.7, unless 
otherwise specified in the relevant standard.
    (ii) The owner or operator of an affected source using a COMS to 
determine opacity compliance during any performance test required under 
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the 
Administrator two or, upon request, three copies of a written report of 
the results of the COMS performance evaluation conducted under 
Sec. 63.8(e). The copies shall be furnished at least 15 calendar days 
before the performance test required under Sec. 63.7 is conducted.
    (3) Excess emissions and continuous monitoring system performance 
report and summary report. (i) Excess emissions and parameter 
monitoring exceedances are defined in relevant standards. The owner or 
operator of an affected source required to install a CMS by a relevant 
standard shall submit an excess emissions and continuous monitoring 
system performance report and/or a summary report to the Administrator 
semiannually, except when--
    (A) More frequent reporting is specifically required by a relevant 
standard;
    (B) The Administrator determines on a case-by-case basis that more 
frequent reporting is necessary to accurately assess the compliance 
status of the source; or
    (C) The CMS data are to be used directly for compliance 
determination and the source experienced excess emissions, in which 
case quarterly reports shall be submitted. Once a source reports excess 
emissions, the source shall follow a quarterly reporting format until a 
request to reduce reporting frequency under paragraph (e)(3)(ii) of 
this section is approved.
     (ii) Request to reduce frequency of excess emissions and 
continuous monitoring system performance reports. Notwithstanding the 
frequency of reporting requirements specified in paragraph (e)(3)(i) of 
this section, an owner or operator who is required by a relevant 
standard to submit excess emissions and continuous monitoring system 
performance (and summary) reports on a quarterly (or more frequent) 
basis may reduce the frequency of reporting for that standard to 
semiannual if the following conditions are met:
     (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods) the affected source's excess emissions and continuous 
monitoring system performance reports continually demonstrate that the 
source is in compliance with the relevant standard;
    (B) The owner or operator continues to comply with all 
recordkeeping and monitoring requirements specified in this subpart and 
the relevant standard; and
    (C) The Administrator does not object to a reduced frequency of 
reporting for the affected source, as provided in paragraph (e)(3)(iii) 
of this section.
    (iii) The frequency of reporting of excess emissions and continuous 
monitoring system performance (and summary) reports required to comply 
with a relevant standard may be reduced only after the owner or 
operator notifies the Administrator in writing of his or her intention 
to make such a change and the Administrator does not object to the 
intended change. In deciding whether to approve a reduced frequency of 
reporting, the Administrator may review information concerning the 
source's entire previous performance history during the 5-year 
recordkeeping period prior to the intended change, including 
performance test results, monitoring data, and evaluations of an owner 
or operator's conformance with operation and maintenance requirements. 
Such information may be used by the Administrator to make a judgment 
about the source's potential for noncompliance in the future. If the 
Administrator disapproves the owner or operator's request to reduce the 
frequency of reporting, the Administrator will notify the owner or 
operator in writing within 45 days after receiving notice of the owner 
or operator's intention. The notification from the Administrator to the 
owner or operator will specify the grounds on which the disapproval is 
based. In the absence of a notice of disapproval within 45 days, 
approval is automatically granted.
    (iv) As soon as CMS data indicate that the source is not in 
compliance with any emission limitation or operating parameter 
specified in the relevant standard, the frequency of reporting shall 
revert to the frequency specified in the relevant standard, and the 
owner or operator shall submit an excess emissions and continuous 
monitoring system performance (and summary) report for the noncomplying 
emission points at the next appropriate reporting period following the 
noncomplying event. After demonstrating ongoing compliance with the 
relevant standard for another full year, the owner or operator may 
again request approval from the Administrator to reduce the frequency 
of reporting for that standard, as provided for in paragraphs 
(e)(3)(ii) and (e)(3)(iii) of this section.
    (v) Content and submittal dates for excess emissions and monitoring 
system performance reports. All excess emissions and monitoring system 
performance reports and all summary reports, if required, shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half or quarter, as appropriate. Written reports of excess 
emissions or exceedances of process or control system parameters shall 
include all the information required in paragraphs (c)(5) through 
(c)(13) of this section, in Sec. 63.8(c)(7) and Sec. 63.8(c)(8), and in 
the relevant standard, and they shall contain the name, title, and 
signature of the responsible official who is certifying the accuracy of 
the report. When no excess emissions or exceedances of a parameter have 
occurred, or a CMS has not been inoperative, out of control, repaired, 
or adjusted, such information shall be stated in the report.
    (vi) Summary report. As required under paragraphs (e)(3)(vii) and 
(e)(3)(viii) of this section, one summary report shall be submitted for 
the hazardous air pollutants monitored at each affected source (unless 
the relevant standard specifies that more than one summary report is 
required, e.g., one summary report for each hazardous air pollutant 
monitored). The summary report shall be entitled ``Summary Report--
Gaseous and Opacity Excess Emission and Continuous Monitoring System 
Performance'' and shall contain the following information:
    (A) The company name and address of the affected source;
    (B) An identification of each hazardous air pollutant monitored at 
the affected source;
    (C) The beginning and ending dates of the reporting period;
    (D) A brief description of the process units;
    (E) The emission and operating parameter limitations specified in 
the relevant standard(s);
    (F) The monitoring equipment manufacturer(s) and model number(s);
    (G) The date of the latest CMS certification or audit;
    (H) The total operating time of the affected source during the 
reporting period;
    (I) An emission data summary (or similar summary if the owner or 
operator monitors control system parameters), including the total 
duration of excess emissions during the reporting period (recorded in 
minutes for opacity and hours for gases), the total duration of excess 
emissions expressed as a percent of the total source operating time 
during that reporting period, and a breakdown of the total duration of 
excess emissions during the reporting period into those that are due to 
startup/shutdown, control equipment problems, process problems, other 
known causes, and other unknown causes;
    (J) A CMS performance summary (or similar summary if the owner or 
operator monitors control system parameters), including the total CMS 
downtime during the reporting period (recorded in minutes for opacity 
and hours for gases), the total duration of CMS downtime expressed as a 
percent of the total source operating time during that reporting 
period, and a breakdown of the total CMS downtime during the reporting 
period into periods that are due to monitoring equipment malfunctions, 
nonmonitoring equipment malfunctions, quality assurance/quality control 
calibrations, other known causes, and other unknown causes;
    (K) A description of any changes in CMS, processes, or controls 
since the last reporting period;
    (L) The name, title, and signature of the responsible official who 
is certifying the accuracy of the report; and
    (M) The date of the report.
    (vii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is less 
than 1 percent of the total operating time for the reporting period, 
and CMS downtime for the reporting period is less than 5 percent of the 
total operating time for the reporting period, only the summary report 
shall be submitted, and the full excess emissions and continuous 
monitoring system performance report need not be submitted unless 
required by the Administrator.
    (viii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is 1 
percent or greater of the total operating time for the reporting 
period, or the total CMS downtime for the reporting period is 5 percent 
or greater of the total operating time for the reporting period, both 
the summary report and the excess emissions and continuous monitoring 
system performance report shall be submitted.
    (4) Reporting continuous opacity monitoring system data produced 
during a performance test. The owner or operator of an affected source 
required to use a COMS shall record the monitoring data produced during 
a performance test required under Sec. 63.7 and shall furnish the 
Administrator a written report of the monitoring results. The report of 
COMS data shall be submitted simultaneously with the report of the 
performance test results required in paragraph (d)(2) of this section.
    (f) Waiver of recordkeeping or reporting requirements. (1) Until a 
waiver of a recordkeeping or reporting requirement has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section.
    (2) Recordkeeping or reporting requirements may be waived upon 
written application to the Administrator if, in the Administrator's 
judgment, the affected source is achieving the relevant standard(s), or 
the source is operating under an extension of compliance, or the owner 
or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) If an application for a waiver of recordkeeping or reporting is 
made, the application shall accompany the request for an extension of 
compliance under Sec. 63.6(i), any required compliance progress report 
or compliance status report required under this part [such as under 
Sec. 63.6(i) and Sec. 63.9(h)] or in the source's title V permit, or an 
excess emissions and continuous monitoring system performance report 
required under paragraph (e) of this section, 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.
    (4) The Administrator will approve or deny a request for a waiver 
of recordkeeping or reporting requirements under this paragraph when 
he/she--
    (i) Approves or denies an extension of compliance; or
    (ii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iii) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) A waiver of any recordkeeping or reporting requirement granted 
under this paragraph may be conditioned on other recordkeeping or 
reporting requirements deemed necessary by the Administrator.
    (6) 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 affected source.


Sec. 63.11  Control device requirements.

    (a) Applicability. This section contains requirements for control 
devices used to comply with provisions in relevant standards. These 
requirements apply only to affected sources covered by relevant 
standards referring directly or indirectly to this section.
    (b) Flares. (1) Owners or operators using flares to comply with the 
provisions of this part shall monitor these control devices to assure 
that they are operated and maintained in conformance with their 
designs. Applicable subparts will provide provisions stating how owners 
or operators using flares shall monitor these control devices.
    (2) Flares shall be steam-assisted, air-assisted, or non-assisted.
    (3) Flares shall be operated at all times when emissions may be 
vented to them.
    (4) Flares shall be designed for and operated with no visible 
emissions, except for periods not to exceed a total of 5 minutes during 
any 2 consecutive hours. Test Method 22 in Appendix A of part 60 of 
this chapter shall be used to determine the compliance of flares with 
the visible emission provisions of this part. The observation period is 
2 hours and shall be used according to Method 22.
    (5) Flares shall be operated with a flame present at all times. The 
presence of a flare pilot flame shall be monitored using a thermocouple 
or any other equivalent device to detect the presence of a flame.
    (6) Flares shall be used only with the net heating value of the gas 
being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is 
steam-assisted or air-assisted; or with the net heating value of the 
gas being combusted at 7.45 MJ/scm (200 Btu/scf) or greater if the 
flare is non-assisted. The net heating value of the gas being combusted 
in a flare shall be calculated using the following equation:

TR16MR94.000

Where:
HT=Net heating value of the sample, MJ/scm; where the net enthalpy 
per mole of offgas is based on combustion at 25 deg.C and 760 mm Hg, 
but the standard temperature for determining the volume corresponding 
to one mole is 20 deg.C.

K=Constant =

TR16MR94.001

where the standard temperature for (g-mole/scm) is 20 deg.C.

Ci=Concentration of sample component i in ppmv on a wet basis, as 
measured for organics by Test Method 18 and measured for hydrogen and 
carbon monoxide by American Society for Testing and Materials (ASTM) 
D1946-77 (incorporated by reference as specified in Sec. 63.14).

Hi=Net heat of combustion of sample component i, kcal/g-mole at 
25 deg.C and 760 mm Hg. The heats of combustion may be determined using 
ASTM D2382-76 (incorporated by reference as specified in Sec. 63.14) if 
published values are not available or cannot be calculated.

n=Number of sample components.

    (7)(i) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity less than 18.3 m/sec (60 ft/sec), 
except as provided in paragraphs (b)(7)(ii) and (b)(7)(iii) of this 
section. The actual exit velocity of a flare shall be determined by 
dividing by the volumetric flow rate of gas being combusted (in units 
of emission standard temperature and pressure), as determined by Test 
Methods 2, 2A, 2C, or 2D in Appendix A to 40 CFR part 60 of this 
chapter, as appropriate, by the unobstructed (free) cross-sectional 
area of the flare tip.
    (ii) Steam-assisted and nonassisted flares designed for and 
operated with an exit velocity, as determined by the method specified 
in paragraph (b)(7)(i) of this section, equal to or greater than 18.3 
m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if 
the net heating value of the gas being combusted is greater than 37.3 
MJ/scm (1,000 Btu/scf).
    (iii) Steam-assisted and nonassisted flares designed for and 
operated with an exit velocity, as determined by the method specified 
in paragraph (b)(7)(i) of this section, less than the velocity 
Vmax, as determined by the method specified in this paragraph, but 
less than 122 m/sec (400 ft/sec) are allowed. The maximum permitted 
velocity, Vmax, for flares complying with this paragraph shall be 
determined by the following equation:

Log10(Vmax)=(HT+28.8)/31.7

Where:
Vmax=Maximum permitted velocity, m/sec.
28.8=Constant.
31.7=Constant.
HT=The net heating value as determined in paragraph (b)(6) of this 
section.

    (8) Air-assisted flares shall be designed and operated with an exit 
velocity less than the velocity Vmax. The maximum permitted 
velocity, Vmax, for air-assisted flares shall be determined by the 
following equation:

Vmax=8.706+0.7084(HT)

Where:
Vmax=Maximum permitted velocity, m/sec.
8.706=Constant.
0.7084=Constant.
HT=The net heating value as determined in paragraph (b)(6) of this 
section.


Sec. 63.12  State authority and delegations.

    (a) The provisions of this part shall not be construed in any 
manner to preclude any State or political subdivision thereof from--
    (1) Adopting and enforcing any standard, limitation, prohibition, 
or other regulation applicable to an affected source subject to the 
requirements of this part, provided that such standard, limitation, 
prohibition, or regulation is not less stringent than any requirement 
applicable to such source established under this part;
    (2) Requiring the owner or operator of an affected source to obtain 
permits, licenses, or approvals prior to initiating construction, 
reconstruction, modification, or operation of such source; or
    (3) Requiring emission reductions in excess of those specified in 
subpart D of this part as a condition for granting the extension of 
compliance authorized by section 112(i)(5) of the Act.
    (b)(1) Section 112(l) of the Act directs the Administrator to 
delegate to each State, when appropriate, the authority to implement 
and enforce standards and other requirements pursuant to section 112 
for stationary sources located in that State. Because of the unique 
nature of radioactive material, delegation of authority to implement 
and enforce standards that control radionuclides may require separate 
approval.
    (2) Subpart E of this part establishes procedures consistent with 
section 112(l) for the approval of State rules or programs to implement 
and enforce applicable Federal rules promulgated under the authority of 
section 112. Subpart E also establishes procedures for the review and 
withdrawal of section 112 implementation and enforcement authorities 
granted through a section 112(l) approval.
    (c) All information required to be submitted to the EPA under this 
part also shall be submitted to the appropriate State agency of any 
State to which authority has been delegated under section 112(l) of the 
Act, provided that each specific delegation may exempt sources from a 
certain Federal or State reporting requirement. The Administrator may 
permit all or some of the information to be submitted to the 
appropriate State agency only, instead of to the EPA and the State 
agency.


Sec. 63.13  Addresses of State air pollution control agencies and EPA 
Regional Offices.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted to the appropriate Regional Office of the U.S. Environmental 
Protection Agency indicated in the following list of EPA Regional 
Offices.

    EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont), Director, Air, Pesticides and Toxics 
Division, J.F.K. Federal Building, Boston, MA 02203-2211.
    EPA Region II (New Jersey, New York, Puerto Rico, Virgin 
Islands), Director, Air and Waste Management Division, 26 Federal 
Plaza, New York, NY 10278.
    EPA Region III (Delaware, District of Columbia, Maryland, 
Pennsylvania, Virginia, West Virginia), Director, Air, Radiation and 
Toxics Division, 841 Chestnut Street, Philadelphia, PA 19107.
    EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, Tennessee), Director, Air, 
Pesticides and Toxics, Management Division, 345 Courtland Street, 
NE., Atlanta, GA 30365.
    EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin), Director, Air and Radiation Division, 77 West Jackson 
Blvd., Chicago, IL 60604-3507.
    EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, 
Texas), Director, Air, Pesticides and Toxics, 1445 Ross Avenue, 
Dallas, TX 75202-2733.
    EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air 
and Toxics Division, 726 Minnesota Avenue, Kansas City, KS 66101.
    EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, 
Utah, Wyoming), Director, Air and Toxics Division, 999 18th Street, 
1 Denver Place, Suite 500, Denver, CO 80202-2405.
    EPA Region IX (Arizona, California, Hawaii, Nevada, American 
Samoa, Guam), Director, Air and Toxics Division, 75 Hawthorne 
Street, San Francisco, CA 94105.
    EPA Region X (Alaska, Idaho, Oregon, Washington), Director, Air 
and Toxics Division, 1200 Sixth Avenue, Seattle, WA 98101.

    (b) All information required to be submitted to the Administrator 
under this part also shall be submitted to the appropriate State agency 
of any State to which authority has been delegated under section 112(l) 
of the Act. The owner or operator of an affected source may contact the 
appropriate EPA Regional Office for the mailing addresses for those 
States whose delegation requests have been approved.
    (c) If any State requires a submittal that contains all the 
information required in an application, notification, request, report, 
statement, or other communication required in this part, an owner or 
operator may send the appropriate Regional Office of the EPA a copy of 
that submittal to satisfy the requirements of this part for that 
communication.


Sec. 63.14  Incorporations 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 below, and all are available for inspection at the 
Office of the Federal Register, 800 North Capital Street, NW, suite 
700, Washington, DC, 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 below 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 for Sec. 63.11(b)(6).
    (2) ASTM D2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb 
Calorimeter [High-Precision Method], IBR approved for Sec. 63.11(b)(6).


Sec. 63.15  Availability of information and confidentiality.

    (a) Availability of information. (1) With the exception of 
information protected through 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), notification of compliance status, excess emissions and 
continuous monitoring systems performance report, and title V permit is 
available to the public, consistent with protections recognized in 
section 503(e) of the Act.
    (2) 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.
    (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.

[FR Doc. 94-5312 Filed 3-15-94; 8:45 am]
BILLING CODE 6560-50-P