[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Proposed Rules]
[Pages 47840-47852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21672]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 60, 61, and 63
[AD-FRL-5550-9]
RIN 2060-AG30
Recordkeeping and Reporting Burden Reduction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed revisions to rules and notice of public hearing.
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SUMMARY: The proposed revisions result from a thorough review of the
regulations implementing the Clean Air Act. This review was part of a
Government-wide initiative as directed by the President on March 4,
1995. The EPA's goal in this review was to identify and eliminate
unnecessary recordkeeping and reporting burdens. As a result of this
review, the proposed revisions to existing standards would reduce
recordkeeping and reporting burdens by approximately 1 million hours
per year. This burden reduction is the equivalent of returning 25,000
workweeks back to the private sector to boost productivity and profits.
DATES: Comments. Comments must be received on or before October 11,
1996, unless a hearing is requested by September 23, 1996. If a hearing
is requested, written comments must be received by October 28, 1996.
Public Hearing. Anyone requesting a public hearing must contact EPA
no later than September 23, 1996. If a hearing is held, it will take
place on September 26, 1996, beginning at 10:00 a.m.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (LE-131),
Attention, Docket No. A-95-50, U.S. Environmental Protection Agency,
401 M Street SW., Washington, DC 20460. The Agency requests that a
separate copy also be sent to the contact person listed below.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: [email protected].
Electronic comments must be submitted as an ASCII file avoiding the use
of special characters and any form of encryption. Comments and data
will also be accepted on disks in WordPerfect in 5.1 file format or
ASCII file format. All comments and data in electronic form must be
identified by the docket number [A-95-50]. No Confidential Business
Information (CBI) should be submitted
[[Page 47841]]
through e-mail. Electronic comments on this proposed rule may be filed
online at many Federal Depository Libraries.
Public Hearing. If a public hearing is held, it will be held at the
EPA Office of Administration Auditorium in Research Triangle Park,
North Carolina. Persons interested in requesting a hearing, verifying
that a hearing will be held, or wishing to present oral testimony
should contact Ms. Yvonne Chandler, Policy, Planning and Standards
Group (MD-13), U. S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, telephone number (919) 541-5627 by the date
specified above.
Docket. Docket No. A-95-50, containing supporting information used
in developing the proposed amendments to standards, is available for
public inspection and copying from 8 a.m. to 5:30 p.m., Monday through
Friday, at the EPA's Air and Radiation Docket and Information Center,
Waterside Mall, Room M-1500, Ground Floor, 401 M Street, SW.,
Washington, DC 20460. The proposed regulatory text and other materials
related to this rulemaking are available for review in the docket. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For information concerning the
standards or technical aspects, contact Mr. David Markwordt at (919)
541-0837, Chemicals and Petroleum Branch, Emission Standards Division
(MD-13), U. S. Environmental Protection Agency, Research Triangle Park,
North Carolina 27711.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 4, 1995 the President directed all Federal agencies and
departments to conduct a comprehensive review of the rules they
administer to identify those rules that are obsolete or unduly
burdensome. Based on this review, EPA is today amending various rules
to reduce unnecessary recordkeeping and reporting burdens. Today's
action is part of an ongoing effort by the EPA to reduce unnecessary
burdens associated with existing rules. EPA estimates that
approximately 1 million hours of recordkeeping and reporting will be
eliminated with these proposed changes.
II. Rules to be Amended
Table I contains a summary of the rules to be amended, the changes
to the rules, and an estimate of the burden reduction associated with
the proposed changes. The burden reductions are provided as an estimate
of the savings to industries complying with these rules.
Table II contains a summary of existing rules which will be
affected by changes made to the General Provisions (see Table I).
Table I.--Burden Reduction: Action Plan for the Office of Air and Radiation
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Estimate of
Title CFR Cite Description of burden reduction burden
reduction
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General Provisions--Part 60 and 60.7(a), 60.19(b), Change provisions to allow for electronic (\1\)
61. 61.04(b). notifications/reports.
General Provisions--Part 60 and 60.7(a)(2), Delete notification of anticipated date of ...........
63. 63.9(b)(2)(iv). initial startup.
General Provisions--Part 60 and 60.7(c) and Change quarterly exception reporting to semi- ...........
63. 63.10(e)(3). annual.
General Provisions--Part 60..... 60.8(d)........... Allow 7 days prior notice of any rescheduled ...........
performance test.
General Provisions--Part 60 and 60.7(f) and Allow reduction in retention of raw data (15 ...........
63. 63.10(b)(2). minute recordings) for continuous emission
monitoring, where 95% data availability is
achieved (retain hourly averages).
NESHAP for Coke By-Product 61.130 (subpart L) Change frequency of quarterly reports to (\2\)
Recovery Plants. semiannual reports. For carbon absorbers and
incinerators, remove the requirement to
develop and record a plan for proper
operation and maintenance of the control
device [61.139(i)(l)(ii)].
NESHAP for Asbestos............. 61.140 (subpart M) Change quarterly reporting for exceedances to (\2\)
semiannual reporting for exceedances for
milling, manufacturing and fabricating
processes at all asbestos processing
facilities.
Standards of Performance for the 60.400 (subpart Change quarterly reporting of scrubber (\2\)
Phosphate Rock Plants. NN). exceedances to semi-annual..
NSPS for Magnetic Tape Coating 60.714 and 60.717 1) Change frequency of quarterly reports to (\2\)
Facilities. (subpart SSS). semiannual. 2) For determining compliance
with the cutoff applicability for controls,
delete semiannual estimate of projected
annual solvent use. Rely upon already
required records of actual solvent usage. 3)
Also delete requirement to report the first
semiannual estimate in which annual use
would exceed cutoff.
NSPS for Bulk Gasoline Terminals 60.502(e)(3) and Terminals may check tank truck vapor- (\2\)
(4) (subpart XX). tightness documentation less frequently
(than within 2 weeks of loading now
required) so that if: (1) less than 1 truck
per month over 26 weeks is loaded without
documentation, cross check is quarterly, or
(2) less than 1 truck per month over 52
weeks is loaded without documentation, cross
check is semi-annually.
MACT for Gasoline Distribution.. 63.420 (subpart R) Subpart R requires compliance with Subpart XX 19,000
60.502(e)(3) and (4) (see above). Changes in
Subpart XX result in a burden reduction in
Subpart R.
[[Page 47842]]
NSPS for Glass Manufacturing 60.290 (subpart Change monitoring to: install and operate (\2\)
Plants. CC). continuous opacity monitors or approved
alternative continuous parametric monitors
that represent 99% confidence level of
average opacity valued determined during
performance testing. (This reflects a change
in confidence level from 97.5% to 99%.) 2)
Change reporting to: For the purpose of 60.7
report all periods during which the average
opacity exceeds the 99% confidence level.
(This reflects a change in confidence level
from 97.5% to 99%).
NESHAP for Arsenic from Glass 61.160 (subpart N) Change monitoring to: determine the opacity (\2\)
Manufacturing Plants. value corresponding to the 99% confidence
level and calculate the 15 minute averages
of gas temperature entering control device.
(This reflects a change in confidence level
from 97.5% to 99%.).
NSPS for Municipal Waste 60.50a (subpart This action would revise the CEMS reporting 2,300
Combustors. Ea). requirements under the 1991 NSPS (Subpart
Ea) to be consistent with the 1995 NSPS
(Subpart Eb) and Guideline (Subpart Cb). The
CEMS reporting requirements for SO2, NOx,
and CO would be revised from quarterly
reporting to annual with semiannual
exception reporting.
NSPS for Fossil-Fuel Fired Steam 60.40-60.47 Change quarterly excess emission reports to 1,300
Generators for which (subpart D). semiannual.
construction is commenced after
8/17/71 and before 9/19/78.
NSPS for Fossil-Fuel Fired Steam 60.40a-60.49a Change quarterly excess emission reports for 1,300
Generators for which (subpart Da). opacity and quarterly compliance reports for
construction is commenced after SO2 and NOx to semiannual.
8/17/71 and before 9/19/78.
NSPS for Fuel Gas Combustion 60.100-60.109 Change catalytic cracking units quarterly 1,500
Devices. (subpart J). compliance reports for opacity, CO, and SO2
to semiannual. Change fuel gas combustion
devices quarterly compliance reports for SO2
and H2S to semiannual. Change quarterly
claus sulfur recovery units compliance
reports for SO2 and reduced sulfur compounds
and H2S to semiannual.
NSPS for Industrial-Commercial 60.40b-60.49b Change all quarterly reporting requirements 35,000
Institutional Steam Generating (subpart Db). to semiannual.
Units.
NSPS for Industrial-Commercial 60.40c-60.48c Change all quarterly reporting requirements 1,700
Institutional Steam Generating (subpart Dc). to semiannual.
Units.
Reports Source Emissions and 51.322 (subpart Q) Reduce the number of sources that are 1,700
State Action Reporting. required to report due to the amount of
emissions they currently emit: raise the
reporting threshold for SO2, NOx, PM10, and
VOC from 100 tons/year to 200 tons/year and
for CO from 1000 tons/year to 2000 tons/year.
NSPS for New Residential Wood 60.531 Correction to 60.531 reduces resources needed (\2\)
Heaters. 60.536(f)(3) to determine whether a given woodburning
60.538 (subpart appliance is covered by the regulation.
AAA). Clarification of 60.536(f)(3) eliminates the
requirement that a manufacturer of a coal-
only heater perform an emissions test.
Removal of 60.538 eliminates confusion as to
how regulation should be applied.
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\1\ 780,000 (total for all GP revisions).
\2\ Negligible.
Table II.--Existing Regulations Impacted by Changes to General Provisions
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TITLE SUBPART ICR NO. OMB NO.
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NSPS SECONDARY BRASS & BRONZE PROD. M....................................... 1604.04 2060.0110
PLANTS.
NESHAP: BENZENE WASTE OPERATIONS........ FF...................................... 1541.04 2060.0183
NSPS: PORTLAND CEMENT PLANTS............ F....................................... 1051 2060-0025
NESHAP: CHROM. EMIS. FROM HARD & N....................................... 1161.02 2060-0327
DECORATIVE CHROM. ELECTRO. & CHROM
ANODIZING TANKS.
NITRITIC ACID PLANTS.................... G....................................... 1056.05 2060-0019
[[Page 47843]]
STD. FOR PERFORMANCE FOR NEW STATIONARY H....................................... 1057.06 2060-0041
SOURCES, SULFURIC ACID PLANTS.
ELECTRIC ARC FURNACES & ARGON-OXYGEN AA & AAA................................ 1060.07 2060-0038
DECARBURIZATION VESS. INFO.
REQUIREMENTS.
NSPS FOR PHOSPHATE FERTILLIZER IND...... T,U,V,W, & X............................ 1061.06 2060-0037
NAPA: COAL PREPARATION PLANTS........... B ?..................................... 1062 2060-0122
NSPS FOR SEWAGE TREATMENT PLANT INCIN... O....................................... 1063.06 2060-0035
STD. OF PERF. FOR IRON & STEEL PLANTS N, NA................................... 1069.04 2060-0029
(BASIC PROC. FURNACES).
NSPS FOR AUTOMOBILE & LIGHT DUTY TRUCK MM...................................... 1064.06 2060-0034
SURFACE COAT. OPRS..
NSPA FOR STATIONARY GAS TURBINES INF. GG...................................... 1071.05 2060-0028
REQ..
NSPS RECORDKEEPING & REPORTING REQ. FOR KK...................................... 1072.04 2060-0081
LEAD-ACID BATTERY MFG..
NSPS: NON-METALLIC MINERAL PROCES. PLANT OOO..................................... 1084 2060-0050
(NSPS) FOR ONSHORE NATURAL GAS PROCESS. KKK/LLL................................. 1086.03 2060-0120
PLANT/EQUIP. LEAKS OF VOC & EMISS. OF
SC2--REPORTING/ RECORDKEEPING.
NESHAP--BERYLLIUM....................... C....................................... 193 2060-0092
NSPS FOR METAL FURN. SURFACE COATING.... EE...................................... 0649.05 2060-0106
NSPS: GRAPHIC ARTS INDUSTRY............. ........................................ 657 2060-0105
NSPS FOR PRESSURE SENS TAPE & LABEL RR...................................... 0658.05 2060-0004
SURFACE COATING INF. REQUIR..
NSPS FOR SURFACE COAT. OF LARGE SS...................................... 0659.06 2060-0108
APPLIANCES, INF. & REQUIREMENTS.
NSPS FOR METAL COIL SURFACE COATING TT...................................... 0660.05 2060-0107
INFORMATION & REQUIREMENTS.
NSPS: ASPHALT PROCESS. & ASPHALT ROOF ........................................ 661 2060-0002
MFG..
NSPS FOR BEVERAGE CAN SURFACE COATING, WW...................................... 0663.05 2060-0001
INFORMATION REQUIREMENTS.
NSPS FOR CALCINERS & DRYERS IN MINERAL ........................................ 0746.02 2060-0251
INDS. REPORT/RECORD-KEEPING.
STDS. OF PERF. FOR NEW STATIONARY LL...................................... 0982.04 2060-0016
SOURCES METALLIC MIN. PROCESSING PLANTS.
NSPS FOR EQUIP. LEAKS OF VOC IN GGG..................................... 0983.04 2060-0067
PETROLEUM REFIN. INF. REQUIREMENTS.
NSPS FOR PETROLEUM DRY CLEANERS, INF. & JJJ..................................... 0997.04 2060-0079
REQUIREMENTS.
STORAGE VESSELS FOR PETROLEUM LIQUIDS-- KA...................................... 1050.05 2060-0121
STDS OF PERF. FOR NEW STATIONARY
SOURCES.
NESHAP FOR ETHYLENE OXIDE COMMERCIAL O....................................... 1666.02 2060-0283
STERILIZATION & FUMIGATION OPERATIONS.
NESHAP FOR CHROMIUM EMISSIONS FROM IND. ........................................ 1625.02 2060-0268
PROCESS COOLING TOWERS.
NEW RESIDENTIAL WOOD HEATERS, RPT & AAA..................................... 1176.04 2060-0161
RECORDKEEPING REQUIREMENTS.
NSPS: POLYMERIC COATING OF SUPPORTING ........................................ 1284 2060-0181
SUBSTRATES FACILITIES.
COKE OVEN BATTERY NATIONAL EMISSION ........................................ 1362.02 2060-0253
STANDARDS.
NESHAP FOR DRY CLEANING FACILITIES/ ........................................ 1415.02 2060-234
PERCHLORO-ETHYLENE (PCE).
PROHIBITION OF HEXAVALENT CHROMIUM ........................................ 1420.03 2060-0193
CHEMICALS IN COMFORT COOLING TOWERS,
INF. REQ..
NSPS FOR STARCH PROD PLANTS............. XXX..................................... 1706.01 2060-0310
NSPS FOR WOOL FIBERGLASS INSULATION MFG. PPP..................................... 1160.04 2060-0114
NSPS LIME MFG. IND. INF. REQUIREMENT.... HH...................................... 1167.04 2060-0063
NESHAP FOR BENZENE EMISSIONS FROM BULK BB...................................... 1154.03 2060-0182
OPRS..
NSPS SYNTHETIC FIBER PROD. FACIL. INFOR. HHH..................................... 1156.06 2060-0059
REQUEST.
NSPS FLEXIBLE VINYL & URETHANE COATING & FFF..................................... 1157.04 2060-0073
PRINTING INF. REQUIREMENT.
TIRE MFG. INDUSTRY...................... BBB..................................... 1158 2060-0156
FED. STDS. FOR MARINE TANK VESSEL ........................................ 1679.01 2060-0289
LOADING & UNLOAD. OPRS. & NESHAP/
MARINE VESSEL LOADING.
NESHAP: EPOXY RESIN & NON-NYLON ........................................ 1681 2060-0290
POLYAMIDE RESIN PRODUCTION.
NESHAP SHIPBLDG. & SHIP REPAIR SURF. II...................................... 1712.01 2060-0330
COATING.
NESHAP FOR WOOD FURN. MFG. OPRS......... JJ...................................... 1716.01 2060-0324
NESHAP FOR OFF-SITE WASTE OPRS.......... DD...................................... 1717.01 2060-0313
NSPS FOR SURFACE COATING OF PLASTIC TTT..................................... 1093.04 2060-0162
PARTS FOR BUSINESS MACHINES.
INF. COLLECT. REQUIREMENT FOR HOT MIX I....................................... 1127.04 2060-0083
ASPHALT FACILITIES (NSPS).
SECONDARY LEAD SMELTERS................. L....................................... 1128.04 2060-0080
GRAIN ELEVATORS (NSPS).................. DD...................................... 1130.04 2060-0082
NSPS FOR VOLATILE ORGANIC STORAGE KB...................................... 1132.04 2060-0074
VESSELS.
NSPS POLYMER MFG. IND. RECORDKEEPING & DDD..................................... 1150.03 2060-0145
RPT REQUIREMENT.
NESHAP: HALOGENATED SOLVENT CLEANERS/ T....................................... 1652 2060-0273
HALOGENATED (HAP).
NES SOURCE PERFORMANCE STDS. (NSPS) FOR BB...................................... 1055.04 2060-0021
KRAFT PULP MILLS.
NES FOR MAGNETIC TAPE MFG. OPRS......... EE...................................... 1055.04 2060-0326
[[Page 47844]]
NSPS FOR VOLATILE VOC EMISSIONS FROM ........................................ 1697.01 2060-0311
SYNTHETIC ORGANIC CHEM. IND. WASTEWATER.
NESHAP FOR BENZENE EQUIPMENT LEAKS, INF. V....................................... 1153.05 2060-0068
REQUIR..
NESHAP: RADIONUCLIDES................... ........................................ 1100.07 2060-0191
NESHAP: RADIOUNCLIDES................... ........................................ 1100.06 2060-0191
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III. Rationale
Changes to General Provisions
In the General Provisions for new source performance standards
(NSPS) and national emission standards for hazardous air pollutants
(NESHAP) rules, 40 CFR Parts 60, 61, and 63, EPA is proposing to change
any requirement for quarterly reporting to a semiannual reporting
requirement. These changes would conform the reporting requirements in
the General Provisions to the reporting requirements of recently
promulgated NSPS and NESHAP rules. If these revisions to the General
Provisions were promulgated, reporting frequencies in specific NSPS and
NESHAP rules could be more or less frequent than semiannual as deemed
appropriate for those particular rules under the Clean Air Act.
In 1985, EPA published in the Federal Register a general policy
regarding NSPS and NESHAP reporting frequencies (50 FR 46464 (Nov. 8,
1985)). The policy recommended quarterly reporting of all direct
compliance information 1 showing exceedances, and allowed
reporting of this information on a semiannual basis where no exceedance
occurred. Further, the policy generally suggested semiannual reporting
of all other information required in NSPS rules and quarterly reporting
of all other information required in NESHAP rules.
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\1\ The 1985 Federal Register notice described ``direct
compliance information'' as data which may be used by an enforcement
agency as the sole evidence of a violation of the standard (see 50
FR 46467).
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The Agency now believes that the semiannual reporting frequencies
contained in recently promulgated NSPS and NESHAP regulations and
proposed in this rulemaking for all types of information are generally
appropriate. EPA's experience over the past ten years with a variety of
NSPS and NESHAP rulemakings covering industries of all types suggests
that semiannual reporting provides sufficiently timely information to
both ensure compliance and enable adequate enforcement of applicable
requirements, while imposing less burden on the affected industry than
would quarterly reporting. Recent NSPS and NESHAP rulemakings have
moved almost exclusively to semiannual reporting as a standard
approach. See, e.g., NSPS--40 CFR Part 60 Subpart UUU--Standards of
Performance for Calciners and Dryers in Mineral Industries and NESHAP--
40 CFR Part 63 Subpart O--Ethylene Oxide Emissions Standards for
Sterilization Facilities.
EPA sees no reason to retain different reporting frequencies in the
NSPS and NESHAP General Provisions compared to the reporting
frequencies contained in recently promulgated rules. Accordingly, EPA
is proposing changes to the General Provisions to conform to recently
promulgated NSPS and NESHAP regulations. For a typical rule, the change
from quarterly to semiannual reporting results in a 20 percent
reduction in reporting burden or 6 percent of the overall burden. For
the approximately 3.6 million burden hours resulting from the 60 rules
affected by this provision, this will result in a reduction of
approximately 215,000 hours.
EPA is proposing to allow the use of electronic data submission of
notifications and reports within the General Provisions of 40 CFR Part
60, Part 61, and Part 63 as soon as a system is developed. The use of
electronic means by EPA for receiving notifications and reports would
greatly reduce the volume of paperwork and increase the efficiency in
receiving notifications and reports. For a typical rule, the burden
associated with notifications is approximately 7.0 percent; it is
assumed allowing electronic data submission will reduce notification
burden by 10 percent. For the approximately 3.6 million burden hours
resulting from the 60 rules affected by this provision, this will
result in a reduction of approximately 25,000 hours.
The agency is also proposing that a source may reduce the amount of
records required to be maintained by the source based on the
completeness of the records that ensure all exceedances are recorded
and representative compliance measurements (a subset of total
measurements) are recorded. This is a performance based scheme that
would allow sources with data availability greater than 95% to reduce
the amount of records required under the General Provisions. For
example, 40 CFR Sec. 63.8(b)(4)(ii) requires sources with CEMS to
complete a minimum of one cycle of operation for each successive 15-
minute period, and 40 CFR Sec. 63.8(g)(2) requires the CEMS data to be
reduced to 1-hour averages. The source currently must keep all required
CEMS measurements. If a source achieved 95% data availability for all
1-hour averages within a day, the Agency is proposing to allow the
source to discard the records of the 15-minute periods and retain the
1-hour averages at the end of each day. The Agency believes that this
type of an approach would encourage sources to achieve a high data
availability. The Agency is also exploring what level of data
availability is appropriate for other types of continuous monitoring
systems such as continuous parameter monitoring systems (CPMS) (e.g.
temperature monitors), and is taking comment on expanding this proposal
to other CMS requirements. The Agency is also exploring how the
source's compliance status and how the need to verify correct
calculation of valid hours should affect the extent or application of
this proposal. For a typical rule that requires CMS, the recordkeeping
burden for CMS data is approximately 47 percent of the overall
recordkeeping burden or 20 percent of the overall burden. Approximately
75 percent of the rules require CMSs. For the approximately 3.6 million
burden hours, this will result in a reduction of approximately 540,000
hours.
The General Provisions [Part 60 section 60.8(d)] require 30 days
prior notice of any performance test, ``. . . except as specified under
other subparts. . . .'' In cases where a performance test must be
rescheduled, due to operational problems, etc., it is not always
reasonable or necessary to provide 30 days prior notice to EPA or the
State of the new date of the performance test. Based on conversations
with personnel who are affected by the notification of the new date of
the performance test (i.e., personnel at EPA Regional Offices and
[[Page 47845]]
State agencies), the EPA has determined that after the initial 30-day
notification, then notice provided 7 days prior to a rescheduled test
is sufficient time to provide the Regional, State or Local agencies the
opportunity to have an observer present. Therefore, section 60.8(d) has
been revised to reflect this allowance.
The General Provisions [Part 60 section 60.7(a)(2) and Part 63
section 63.9(b)(2)(iv)] also require a notification of the anticipated
date of initial startup for new affected facilities. After reviewing
this requirement, the EPA has determined that this notification can be
waived for owners and operators of affected facilities without
affecting the enforcement of this regulation. The deletion of this
reporting requirement is being made for purposes of streamlining and
further reduction of the reporting burden on both large and small plant
owners or operators.
Reduction in Reporting Frequencies
40 CFR Part 60 Subparts D, Da, Db, Dc, J, NN, and SSS
40 CFR Part 61 Subparts L and M
EPA is proposing to make the reporting frequency in these listed
NSPS and NESHAP subparts semiannual. As explained above in reference to
proposed revisions to the General Provisions, EPA now believes that
semiannual reporting is generally appropriate for NSPS and NESHAP
rules. The Agency's experience over the past ten years suggests that
semiannual reporting provides sufficiently timely information to both
ensure compliance and enable adequate enforcement of applicable
requirements, while imposing less burden on the affected industry than
would more frequent reporting. EPA sees no reason not to revise these
existing NSPS and NESHAP regulations to conform to the semiannual
reporting frequency proposed for the General Provisions.
Approximately 1,400 facilities will save about 30 hours per year
per facility resulting in an annual savings of approximately 42,000
hours per year.
40 CFR Part 61 Subpart L
The standard includes particular provisions for benzene emission
sources controlled with a carbon adsorber or vapor incinerator,
although these are not the typical control measures found at coke by-
product recovery plants. The rule requires the owner or operator to
develop and record a plan for proper operation, maintenance and
corrective action of the carbon adsorber or vapor incinerator to
achieve 98 percent control [40 CFR 61.139(i)(1)(ii)]. The EPA proposes
to delete this requirement because the monitoring and work practice
standards that are also required are sufficient to ensure the desired
control efficiency.
The monitoring required for the incinerator is temperature. For the
carbon adsorber, concentration levels of emissions are required to be
monitored. Furthermore, work practice standards specify when a fresh
carbon bed is required, based on the results of the monitoring.
Deviations from the requirements are to be recorded and reported. The
Agency believes these requirements alone are sufficient to assure
proper operation and maintenance, without the required development of a
plan. However, facilities with these controls may still choose to have
a plan for internal planning purposes.
40 CFR Part 60 Subpart SSS
The NSPS for magnetic tape manufacturing facilities has a solvent
usage cutoff for the applicability of controls. A facility using less
solvent than the cutoff has certain recordkeeping and reporting
requirements, but is not required to meet the emission limitations.
The rule currently requires owners or operators to which the cutoff
applies to make and record semiannual estimates of the projected annual
amount of solvent to be used in magnetic tape manufacturing for the
calendar year [40 CFR 60.714(a)(1)], as well as record the actual
amount solvent used in a year [40 CFR 60.714(a)(2)]. The owner or
operator is also required to report the first semiannual estimate in
which the annual solvent use as well as the exceedances based on the
actual solvent used [60.717(c)(1)] would exceed the solvent usage
cutoff [40 CFR 60.717(c)(1)]. The EPA proposes to delete the
requirements for estimating and reporting the projected annual solvent
use. Since there are already recordkeeping and reporting requirements
related to the actual solvent use, the EPA believes it is unnecessary
to require semiannual estimates of projected use. These records related
to actual solvent use would be sufficient for identifying facilities
that are potentially subject to the control requirements because of
exceeding the cutoff. Further, the requirement at 40 CFR 60.710(b) that
sources exceeding the applicability threshold remain subject to the
emission controls and related requirements, effectively prevents
circumvention of the control requirements, and is a more effective
means of assuring timely application of emission controls than the
projected semiannual estimates. Even if these estimates were not
required to be recorded and reported, it may be in the best interest of
the owner or operator to develop such estimates for planning purposes,
to ensure compliance with standards.
40 CFR Part 60 Subpart XX and Part 63 Subpart R
Loading of gasoline into gasoline tank trucks and cargo tanks at
bulk gasoline terminals under the NSPS (40 CFR 60.502(e) and 60.505)
and MACT (40 CFR 63.420), respectively, is limited to vapor tight tanks
which have been annually tested for vapor-tightness. Documentation of
the test must be on file at the terminal. To implement this
requirement, terminal owners and operators must cross check the
gasoline tanks loaded against the test documentation on file within two
weeks of loading of the tank. If proper documentation is lacking,
terminal operators must take steps to assure that any tank will not be
reloaded until test documentation is obtained. The change proposed in
this action will reduce the frequency of cross checks if facilities
have and continue to have a low number of cargo tanks or gasoline tank
trucks without test documentation. Two reduced levels of monitoring
frequency are proposed for terminals which exhibit very high compliance
rates with the tank testing requirements. For terminals with less than
an average of one gasoline tank per month over the past 26 weeks
without documentation, the documentation cross check can be reduced
from biweekly to quarterly. Terminals with even higher compliance
rates, such that less than an average of one gasoline tank per month is
loaded over the past 52 weeks without documentation need only cross
check the vapor tightness documentation semiannually. The proposed
revision does not change the level of the standard and EPA believes
this action allows for reduced cross-checking without significant
increased risk of excess emissions occurring, because this proposal
would limit reductions in cross-checking frequency only for sources
with high compliance rates. If these proposed conditions are not
maintained by the terminal as determined by the next quarterly or
semiannual cross-check, then the original cross-check monitoring
frequency (every two weeks) is then required. Only changes in the
regulatory text in the NSPS are required because the MACT cross-
references the provisions in the NSPS.
Approximately 100 facilities will save about 190 hours per year
resulting in a
[[Page 47846]]
total reduction in burden of approximately 19,000 hours per year.
40 CFR Part 60 Subpart CC and Part 61 Subpart N
Currently, 40 CFR Part 60 Subpart CC section 60.293(c) and Part 61
Subpart N section 61.263 require the installation of a CEM to measure
opacity from the affected facility. During initial performance testing
for PM emissions, 6-minute opacity averages are calculated. Based on
the 6-minute averages, the corresponding 97.5 upper percentile is
determined. After that, for the purpose of reporting excess emissions,
all 6-minute periods with an average opacity greater than the 97.5
upper percentile are reported as excess emissions.
The recommended revision is to change the upper percentile
determination from 97.5 percent to 99.0 percent. Since even the opacity
levels corresponding to the 99th percentile were recorded when
compliance with the particulate standard was achieved, this revision
focuses the excess emission reports on the opacity levels more likely
to be associated with exceedance of the particulate standard. The rule
would then read, for the purpose of reporting excess emissions, all 6-
minute periods with an average opacity greater than the 99.0 upper
percentile are reported as excess emissions. The revision does not
change the particulate emission limits in either rule, but would simply
reduce the probability of reporting opacity levels which do not
correspond to excess particulate emissions, and would therefore
decrease reporting burden.
Although the level of reporting is slightly reduced, if a
significant problem occurred the excess emissions report would still be
triggered. Therefore, an adequate level of control is still maintained.
40 CFR Part 60 Subpart Ea
Today's action also proposes to change the reporting requirements
included in the NSPS for Municipal Waste Combustors (MWCs) Subpart Ea
from quarterly to annual with semiannual exception reporting. This
revision will make the reporting frequencies and deadlines consistent
throughout the NSPS and Emission Guidelines that apply to municipal
waste combusters. MWCs are also covered by NSPS Subpart Eb and the
Emission Guidelines (EGs) (i.e., Subpart Cb) for MWCs, which were
promulgated in the Federal Register on December 19, 1995. The reporting
requirements under the EGs and under NSPS Subpart Eb for MWCs require
annual compliance reporting with semiannual exception reporting. This
change to the reporting requirements in Subpart Ea, therefore, makes
these reporting requirements consistent for all MWCs.
The EPA believes that semiannual reporting will be sufficiently
timely for sources which have exceeded any emission limits or operating
parameters. Further, EPA believes annual reporting of complying
information from MWCs will provide adequate information for complying
plants and is appropriate given the cost associated with reporting
requirements. The EPA notes, however, that once an MWC is required to
obtain a Title V operating permit, the semiannual Title V reporting
requirements set forth in Section 504(a) of the Act will supersede the
annual reporting requirements proposed here. See 42 U.S.C. 7661c(a)
Approximately 10 facilities will save about 230 per hours per year
resulting in a total burden reduction of approximately 2,300 hours per
year.
240 CFR Part 51 Subpart Q
The number of facilities currently required to report emission data
will be reduced. The minimum emissions necessary to trigger a report
will be raised from 100 to 200 tons per year of particulate matter, PM,
sulfur oxides, VOC and nitrogen oxides. The minimum emissions necessary
to trigger a report will be raised from 1000 to 2000 tons per year of
carbon monoxide. Since Subpart Q does not require emission reductions
but only reports to track emissions, this action does not have any
adverse effect on the environment i.e., result in an increase of
emissions to the atmosphere.
Approximately 54 facilites will save about 30 hours per year
resulting in a total burden reduction of approximately 1,700 hours per
year.
40 CFR Part 60 Subpart AAA
Correction to 40 C.F.R. Section 60.531
This proposed rulemaking clarifies the definition of ``wood
heater'' under the New Source Performance Standards for Residential
Wood Heaters, 40 CFR 60.530, et seq. The final rule, published February
26, 1988 (53 FR 5860), defines a wood heater as ``an enclosed,
woodburning appliance capable of and intended for space heating and
domestic water heating'' that meets certain specified criteria. The
EPA, and the regulatory negotiating committee, which worked together to
develop the definition of wood heater, intended the conjunction ``or''
rather than ``and'' be used after the words ``space heating'', thereby
including in the definition all woodburning appliances capable of and
intended for space heating or domestic water heating that met the
specified criteria. This intent is evident in the definition of a wood
heater in the proposed rule published February 18, 1987 (52 FR 4995, 52
FR 5015 and the Method 28 test protocol); and also in the preamble to
the final rule (53 FR 5860) and at 40 C.F.R. 60, Subpart AAA, Method
28, section 2.12, where woodburning appliances are defined and
specified as those ``capable of and intended for space heating or
domestic water heating . . .'' Therefore, today's action is intended to
correct an earlier typographical error.
Modification of Sec. 60.536(f)(3)
The language for permanent labeling under Sec. 60.536(f)(3) is
amended to eliminate need for coal-only heaters to be emission tested
before the rule can be applied. The rule previously applied only to
affected facilities. In order for an appliance to be an affected
facility, its emission rate must first be determined using the
procedures specified in Method 28--Certification and Auditing of Wood
Heaters. The Agency did not intend to require emission testing of coal-
only heaters. The rule language is, therefore, modified to eliminate
this unintended burden.
Removal of Sec. 60.538
Section 60.538, Prohibitions, is removed from the rule. The purpose
of this section was to aid in enforcing the preceding rule
requirements; however, it also included several unintended
dependencies, limitations and requirements. For instance, the
prohibitions section does not allow a claim of violation of the
removable label requirement unless the wood heater in question also has
a permanent label. An unintentional dependence. Also, the prohibitions
sections does not make failure to comply with the quality assurance
requirements unlawful. Obviously, the Agency did not first promulgate
quality assurance rules and then intentionally limit its ability to
enforce those rules. Other such unintended linkages exist in the
prohibitions section. Since each of the regulatory provisions in the
rule can be enforced without the prohibitions language, this section is
removed.
Burden Reduction
Correction of Sec. 60.531 to clarify the definition of a wood
heater, reduces the burden on both the manufacturer and the Agency by
reducing the amount of resources needed to determine whether or not a
given woodburning appliance is covered by the regulation.
[[Page 47847]]
Clarification of Sec. 60.536(f)(3) to eliminate the requirement
that the manufacturer of a coal-only heater perform an emissions test,
reduces the burden on both the manufacturer and the Agency. This
clarification reduces confusion as to how this regulation was meant to
be applied, and eliminates the possibility that a coal-only heater
would ever have to perform a Method 28 emissions test.
Removal of Sec. 60.538, Prohibitions, also eliminates confusion as
to how the regulations should be applied and reduces enforcement burden
for both the manufacturer and Agency.
Solicitation of Comments
40 CFR Part 61 Subpart F
On October 21, 1976, EPA promulgated a national emission standard
under the authority of Section 112 for vinyl chloride emissions from
vinyl chloride, ethylene dichloride, and polyvinyl chloride plants. One
critical component of that standard is Section 61.65(b) which contains
specific provisions to address several types of fugitive emission
sources. Among these were requirements for two separate programs for
detecting equipment leaks: (1) a continuously operating fixed-point
area monitoring system and (2) a program to periodically survey each
potential leak source with a portable monitoring instrument. After the
promulgation of the vinyl chloride standard, EPA conducted field
studies to obtain information on various leak detection and repair
programs at petroleum refineries and chemical plants. Subsequent
standards for other pollutants and other source categories contained
only the requirement for the portable monitoring system, not the fixed-
point system. The first of these subsequent standards was a new source
performance standard for volatile organic compound (VOC) fugitive
emission sources in the Synthetic Organic Chemicals Manufacturing
Industry, proposed January 5, 1981. As explained in the preamble to
that proposed rule, fixed point monitoring systems were considered for
that rule, but were not required (Vol. 46, No. 2 of Federal Register,
page 1151). According to the Background Information Document for that
proposed standard [VOC Fugitive Emissions in Synthetic Organic
Chemicals Manufacturing Industry--Background Information for Proposed
Standards (EPA-450/3-80-033a, November 1980, pages 4-3, 4-4)], the
efficiency of a fixed-point system is limited to providing only a
general area indication that leaks may be present. In addition, the
document stated that leaks from adjacent units and meteorological
conditions may affect the results obtained with a fixed-point system.
The sensors for the fixed-point monitoring system are not as close to
the leak interface as is required for the portable monitors. Further, a
portable monitor is required even if a fixed monitor is used in order
to identify the leaking source once a high reading is obtained on the
fixed-point monitor. For these reasons, the fixed-point monitoring
system was not required.
In response to President Clinton's initiative to reduce record-
keeping and reporting burdens, EPA is requesting comment on the concept
of removing the requirement for the fixed-point monitoring system and
the associated record keeping from the vinyl chloride standard
[Sections 61.65(b)(8)(i) and 61.71(a)(1)]. The requirement for fixed-
point monitoring duplicates the purpose of the portable instrument leak
detection and repair program and was decided for other standards to be
the less efficient of the two programs. In addition, removing this
requirement from the vinyl chloride standard would make that standard
more consistent with other standards published subsequently for finding
and fixing leaks.
On the other hand, plants affected by the vinyl chloride standard
already have a fixed-point monitoring system in place. To the extent
these systems detect equipment leaks, they have more of an opportunity
to detect them sooner than the portable program so that repairs can be
completed sooner. In addition, the fixed-point monitoring systems have
an opportunity to alert owners and operators to other sources of
fugitive emissions such as spills.
In order to consider removing the requirement for fixed-point
monitors and the associated record keeping, EPA needs more data on the
costs and emission reductions associated with the program. What cost
savings would plants experience if the fixed-point monitoring system
were removed? To what extent are equipment leaks being identified
sooner with the fixed-point monitoring system than they would be with
the portable monitoring program? To what extent are leaks being
detected with the portable monitor that were not identified by the
fixed-point monitor? What is the nature and frequency of identifying
other sources of fugitive emissions (e.g., spills) with the fixed-point
monitoring system? Any comments submitted should provide examples from
experience and specific data to the extent possible.
Administrative Requirements
A. Public Hearing
A public hearing will be held, if requested, to discuss the
regulatory changes proposed in this notice. Persons wishing to make
oral presentation on the proposed regulations should contact the EPA at
the address given in the ADDRESSES section of this preamble. Oral
presentations will be limited to 15 minutes each. Any member of the
public may file a written statement before, during, or within 30 days
after the hearing. Written statements should be addressed to the Air
and Radiation Docket and Information Center address given in the
ADDRESSES section of this preamble and should refer to Docket No. A-95-
50.
A verbatim transcript of the hearing and written statements will be
available for public inspection and copying during normal working hours
at the EPA's Air and Radiation Docket and Information Center in
Washington, DC (see ADDRESSES section of this preamble).
B. Analysis Under E.O. 12866, the Unfunded Mandates Reform Act of 1995,
the Regulatory Flexibility Act, and the Small Business Regulatory
Enforcement Fairness Act of 1996
Because the regulatory revisions proposed here would reduce the
regulatory burden, this action is not a ``significant'' regulatory
action within the meaning of Executive Order 12866, and does not impose
any Federal mandate on State, local and tribal governments or the
private sector within the meaning of the Unfunded Mandates Reform Act
of 1995. Further, EPA has determined that it is not necessary to
prepare a regulatory flexibility analysis in connection with this
proposed rule under the Regulatory Flexibility Act and the Small
Business Regulatory Enforcement Fairness Act of 1996. The regulatory
changes proposed here are expected to reduce regulatory burdens on
small businesses, and are not expected to have any adverse effect on
small businesses. Therefore, EPA certifies that this rule will not have
a significant impact on a substantial number of small entities.
C. Paperwork Reduction Act
The proposed revisions to existing standards are intended to reduce
existing recordkeeping and reporting requirements. In this notice EPA
has explained the changes, identified who would be affected by the
changes, and estimated the reductions associated with each change. EPA
is interested in comments from the public on any and
[[Page 47848]]
all aspects of the paperwork burden reductions, including the number of
affected entities and estimate of burden reduction.
Statutory Authority: The statutory authority for this proposal is
provided by sections 101, 112, 114, 116 and 301 of the Clean Air Act,
as amended; 42 U.S.C. 7401, 7412, 7414, 7416, and 7601.
List of Subjects
40 CFR Part 51
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
40 CFR Part 60
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
40 CFR Part 61
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
40 CFR Part 63
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
Dated: August 5, 1996.
Carol Browner,
Administrator, Environmental Protection Agency.
For the reasons set out in the preamble title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S. C. 7401-7671q.
Subpart Q--[Amended]
2. Section 51.322 is amended by revising paragraphs (a)(1) and
(a)(2) to read as follows:
Sec. 51.322 Sources subject to emissions reporting.
(a) * * *
(1) For particulate matter, PM sulfur oxides, VOC and nitrogen
oxides, any facility that actually emits a total of 181.4 metric tons
(200 tons) per year or more of any one pollutant. For particulate
matter emissions, the reporting requirement ends with the reporting of
calendar year 1987 emissions. For PM10 emissions, the
reporting requirement begins with the reporting of calendar year 1988
emissions.
(2) For carbon monoxide, any facility that actually emits a total
of 1814 metric tons (2000 tons) per year or more.
* * * * *
PART 60--[AMENDED]
1. The authority citation for part 60 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7601.
Subpart A--[Amended]
2. Section 60.7 is amended by removing and reserving paragraph
(a)(2) and revising paragraphs (a) introductory text, (c) introductory
text, and (f) to read as follows:
Sec. 60.7 Notification and recordkeeping.
(a) Any owner or operator subject to the provisions of this part
shall furnish the Administrator written notification or, if acceptable
to both the Administrator and the owner or operator of a source,
electronic notification, as follows:
* * * * *
(c) Each owner or operator required to install a continuous
monitoring device shall submit excess emissions and monitoring systems
performance report (excess emissions are defined in applicable
subparts) and-or summary report form (see paragraph (d) of this
section) to the Administrator semiannually, except when: more frequent
reporting is specifically required by an applicable subpart; or the
Administrator, on a case-by-case basis, determines that more frequent
reporting in necessary to accurately assess the compliance status of
the source. All reports shall be postmarked by the 30th day following
the end of each calendar half. Written reports of excess emissions
shall include the following information:
* * * * *
(f) Any owner or operator subject to the provisions of this part
shall maintain a file of all measurements, including continuous
monitoring system, monitoring device, and performance testing
measurements; all continuous monitoring system or monitoring device
calibration checks; adjustments and maintenance performed on these
systems or devices; and all other information required by this part
recorded in a permanent form suitable for inspection. The file shall be
retained for at least two years following the date of such
measurements, maintenance, reports, and records, except as follows. If
the owner or operator, required to install a CEMS, achieves and
maintains 95% valid hourly averages for the operating day, the owner or
operator may retain block hourly average values for that operating day
and discard, at or after the end of that operating day, the 15-minute
or more frequent average values and readings recorded by the applicable
CEMS.
* * * * *
3. Section 60.8 is amended by revising paragraph (d) to read as
follows:
Sec. 60.8 Performance tests.
* * * * *
(d) The owner or operator of an affected facility shall provide the
Administrator at least 30 days prior notice of any performance test,
except as specified under other subparts, to afford the Administrator
the opportunity to have an observer present. If after 30 days notice
for an initially scheduled performance test, there is a delay (due to
operational problems, etc.) in conducting the scheduled performance
test, the owner or operator of an affected facility shall notify the
Administrator as soon as possible of any delay in the original test
date, either by providing at least 7 days prior notice of the
rescheduled date of the performance test, or by arranging a rescheduled
date with the Administrator by mutual agreement.
* * * * *
4. Section 60.19 is amended by revising paragraph (b) to read as
follows:
Sec. 60.19 General notification and reporting requirements.
* * * * *
(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, including the use of electronic media,
agreed to by the permitting authority, is acceptable.
* * * * *
[[Page 47849]]
Subpart D--[Amended]
5. Section 60.45 is amended by revising paragraph (g) introductory
text to read as follows:
Sec. 60.45 Emission and fuel monitoring.
* * * * *
(g) Excess emission and monitoring system performance reports shall
be submitted to the Administrator semiannually for each six-month
period in the calendar year. All semiannual reports shall be postmarked
by the 30th day following the end of each six-month period. Each excess
emission and MSP report shall include the information required in
Sec. 60.7(c). Periods of excess emissions and monitoring systems (MS)
downtime that shall be reported are defined as follows:
* * * * *
Subpart Da--[Amended]
6. Section 60.49a is amended by revising paragraph (i) to read as
follows:
Sec. 60.49a Reporting requirements.
* * * * *
(i) The owner or operator of an affected facility shall submit the
written reports required under this section and subpart A to the
Administrator semiannually for each six-month period. All semiannual
reports shall be postmarked by the 30th day following the end of each
six-month period.
* * * * *
Subpart Db--[Amended]
7. Section 60.49b is amended by revising paragraphs (d), (e), (h)
introductory text, (i), (j), (k)(2), (k)(3), (m) introductory text,
(n)(1), (n)(2), (q) introductory text, (q)(2), (q)(3) (r), and
paragraph(s) to read as follows:
Sec. 60.49b Reporting and recordkeeping requirements.
* * * * *
(d) The owner or operator of an affected facility shall record and
maintain records of the amounts of each fuel combusted during each day
and calculate the annual capacity factor individually for coal,
distillate oil, residual oil, natural gas, wood, and municipal-type
solid waste for the reporting period. The annual capacity factor is
determined on a 12-month rolling average basis with a new annual
capacity factor calculated at the end of each calendar month.
(e) For an affected facility that combust residual oil and meets
the criteria under Secs. 60.46b(e)(4), 60.44b (j), or (k), the owner or
operator shall maintain records of the nitrogen content of the residual
oil combusted in the affected facility and calculate the average fuel
nitrogen content for the reporting period. The nitrogen content shall
be determined using ASTM Method D3431-80, Test Method for Trace
Nitrogen in Liquid Petroleum Hydrocarbons (IBR-see Sec. 60.17), or fuel
suppliers. If residual oil blends are being combusted, fuel nitrogen
specifications may be prorated based on the ratio of residual oils of
different nitrogen content in the fuel blend.
* * * * *
(h) The owner or operator of any affected facility in any category
listed in paragraphs (h) (1) or (2) of this section is required to
submit excess emission reports for any excess emissions which occurred
during the reporting period.
* * * * *
(i) The owner or operator of any affected facility subject to the
continuous monitoring requirements for nitrogen oxides under
Sec. 60.48(b) shall submit a report containing the information recorded
under paragraph (g) of this section.
(j) The owner or operator of any affected facility subject to the
sulfur dioxide standards under Sec. 60.42b shall submit a report.
(k) * * *
(2) Each 30-day average sulfur dioxide emission rate (ng/J or 1b/
million Btu heat input) measured during the reporting period, ending
with the last 30-day period; reasons for noncompliance with the
emission standards; and a description of corrective actions taken.
(3) Each 30-day average percent reduction in sulfur dioxide
emissions calculated during the reporting period, ending with the last
30-day period; reasons for noncompliance with the emission standards;
and a description of corrective actions taken.
* * * * *
(m) For each affected facility subject to the sulfur dioxide
standards under Sec. 60.42(b) for which the minimum amount of data
required under Sec. 60.47b(f) were not obtained during the reporting
period, the following information is reported to the Administrator in
addition to that required under paragraph (k) of this section:
* * * * *
(n) * * *
(1) Indicating what removal efficiency by fuel pretreatment (i.e.,
% Rf) was credited during the reporting period;
(2) Listing the quantity, heat content, and date each pretreated
fuel shipment was received during the reporting period, the name and
location of the fuel pretreatment facility; and the total quantity and
total heat content of all fuels received at the affected facility
during the reporting period.
* * * * *
(q) The owner or operator of an affected facility described in
Sec. 60.44b(j) or Sec. 60.44b(k) shall submit to the Administrator a
report containing:
* * * * *
(2) The average fuel nitrogen content during the reporting period,
if residual oil was fired; and
(3) If the affected facility meets the criteria described in
Sec. 60.44b(j), the results of any nitrogen oxides emission tests
required during the reporting period, the hours of operation during the
reporting period, and the hours of operation since the last nitrogen
oxides emission test.
(r) The owner or operator of an affected facility who elects to
demonstrate that the affected facility combusts only very low sulfur
oil under Sec. 60.42b(j)(2) shall obtain and maintain at the affected
facility fuel receipts from the fuel supplier which certify that the
oil meets the definition of distillate oil as defined in Sec. 60.41b.
For the purposes of this section, the oil need not meet the fuel
nitrogen content specification in the definition of distillate oil.
Reports shall be submitted to the Administrator certifying that only
very low sulfur oil meeting this definition was combusted in the
affected facility during the reporting period.
(s) The reporting period for the reports required under this
subpart is each six-month period. All reports shall be submitted to the
Administrator and shall be postmarked by the 30th day following the end
of the reporting period.
Subpart Dc--[Amended]
8. Section 60.48c is amended by revising paragraphs (c), (d), (e)
introductory text, and (e)(11); and by adding paragraph (j) to read as
follows:
Sec. 60.48c Reporting and recordkeeping requirements.
* * * * *
(c) The owner or operator of each coal-fired, residual oil-fired,
or wood-fired affected facility subject to the opacity limits under
Sec. 60.43c(c) shall submit excess emission reports for any excess
emissions from the affected facility which occur during the reporting
period.
(d) The owner or operator of each affected facility subject to the
SO2 emission limits, fuel oil sulfur limits, or percent reduction
requirements under Sec. 60.42c shall submit reports to the
Administrator.
[[Page 47850]]
(e) The owner or operator of each affected facility subject to the
SO2 emission limits, fuel oil sulfur limits, or percent reduction
requirements under Sec. 60.43c shall keep records and submit reports as
required under paragraph (d) of this section, including the following
information, as application.
* * * * *
(11) If fuel supplier certification is used to demonstrate
compliance, records of fuel supplier certification is used to
demonstrate compliance, records of fuel supplier certification as
described under paragraph (f)(1), (2), or (3) of this section, as
applicable. In addition to records of fuel supplier certifications, the
report shall include a certified statement signed by the owner or
operator of the affected facility that the records of fuel supplier
certifications submitted represent all of the fuel combusted during the
reporting period.
* * * * *
(j) The reporting period for the reports required under this
subpart is each six-month period. All reports shall be submitted to the
Administrator and shall be postmarked by the 30th day following the end
of the reporting period.
Subpart Ea--[Amended]
9. Section 60.59a is amended by revising paragraphs (e), (f) and
(g) to read as follows:
Sec. 60.59a Reporting and recordkeeping requirements.
* * * * *
(e)(1) The owner or operator of an affected facility located within
a large MWC plant shall submit annual compliance reports for sulfur
dioxide, nitrogen oxide (if applicable), carbon monoxide, load level,
and particulate matter control device temperature to the Administrator
containing the information recorded under paragraphs (b)(1), (2)(ii),
(4), (5), and (6) of this section for each pollutant or parameter. The
hourly average values recorded under paragraph (b)(2)(i) of this
section are not required to be included in the annual reports.
Combustors firing a mixture of medical waste and other MSW shall also
provide the information under paragraph (b)(15) of this section, as
applicable, in each annual report. Once the unit is subject to
permitting requirements under Title V of the Act, the owner or operator
of an affected facility must submit these reports semiannually.
(2) The owner or operator shall submit a semiannual report for any
pollutant or parameter that does not comply with the pollutant or
parameter limits specified in this subpart. Such report shall include
the information recorded under paragraph (b)(3) of this section. For
each of the dates reported, include the sulfur dioxide, nitrogen oxide,
carbon monoxide, load level, and particulate matter control device
temperature data, as applicable, recorded under paragraphs
(b)(2)(ii)(A) through (D) of this section.
(3) Reports shall be postmarked no later than the 30th day
following the end of the annual or semiannual period, as applicable.
(f)(1) The owner or operator of an affected facility located within
a large MWC plant shall submit annual compliance reports, as
applicable, for opacity. The annual report shall also list the percent
of the affected facility operating time for the calendar half that the
opacity CEMS was operating and collecting valid data. Once the unit is
subject to permitting requirements under Title V of the Act, the owner
or operator of an affected facility must submit these reports
semiannually.
(2) The owner or operator shall submit a semiannual report for all
periods when the 6-minute average levels exceeded the opacity limit
under Sec. 60.52a. The semiannual report shall include all information
recorded under paragraph (b)(3) of this section which pertains to
opacity, and a listing of the 6-minute average opacity levels recorded
under paragraph (b)(2)(i)(A) of this section.
(3) Reports shall be postmarked no later than the 30th day
following the end of the annual of semiannual period, as applicable.
(g)(1) The owner or operator of an affected facility located within
a large MWC plant shall submit reports to the Administrator of all
annual performance tests for particulate matter, dioxin/furan, and
hydrogen chloride as recorded under paragraph (b)(7) of this section,
as applicable, from the affected facility. For each annual dioxin/furan
compliance test, the maximum demonstrated MWC unit load and maximum
demonstrated particulate matter control device temperature shall be
reported. Such reports shall be submitted when available and in no case
later than the date of required submittal of the annual report
specified under paragraph (e) of this section. Once the unit is subject
to permitting requirements under Title V of the Act, the owner or
operator of an affected facility must submit these reports semiannual.
(2) The owner or operator shall submit a report of test results
which document any particulate matter, dioxin/furan, and hydrogen
chloride levels that were above the applicable pollutant limit. The
report shall include a copy of the test report documenting the emission
levels and shall include the corrective action taken. Such reports
shall be submitted when available and in no case later than the date
required for submittal of any semiannual report required in paragraphs
(e) or (f) of this section, or within six months of the date the test
was conducted, whichever is earlier.
* * * * *
Subpart J--[Amended]
10. Section 60.107 is amended by revising paragraphs (a), (c)
introductory text, (d), and (e) to read as follows:
Sec. 60.107 Reporting and recordkeeping requirements.
* * * * *
(a) Each owner or operator subject to Sec. 60.104(b) shall notify
the Administrator of the specific provisions of Sec. 60.104(b) with
which the owner or operator seeks to comply. Notification shall be
submitted with the notification of initial startup required by
Sec. 60.7(a)(3). If an owner or operator elects at a later date to
comply with an alternative provision of Sec. 60.104(b), then the
Administrator shall be notified by the owner or operator in the report
described in paragraph (c) of this section.
* * * * *
(c) Each owner or operator subject to Sec. 60.104(b) shall submit a
report except as provided by paragraph (d) of this section. The
following information shall be contained in the report:
* * * * *
(d) For any periods for which sulfur dioxide or oxides emissions
data are not available, the owner or operator of the affected facility
shall submit a signed statement indicating if any changes were made in
operation of the emission control system during the period of data
unavailability which could affect the ability of the system to meet the
applicable emission limit. Operations of the control system and
affected facility during periods of data unavailability are to be
compared with operation of the control system and affected facility
before and following the period of data unavailability.
* * * * *
(e) The owner or operator of an affected facility shall submit the
reports required under this subpart to the Administrator semiannually
for each six-month period. All semiannual reports shall be postmarked
by the 30th
[[Page 47851]]
day following the end of each six-month period.
* * * * *
11. Section 60.108 is amended by revising paragraph (e) to read as
follows:
Sec. 60.108 Performance test and compliance provisions.
* * * * *
(e) Each owner or operator subject to Sec. 60.104(b) who has
demonstrated compliance with one of the provisions of Sec. 60.104(b)
but a later date seeks to comply with another of the provisions of
Sec. 60.104(b) shall begin conducting daily performance tests as
specified under paragraph (d) of this section immediately upon electing
to become subject to one of the other provisions of Sec. 60.104(b). The
owner or operator shall furnish the Administrator with a written
notification of the change in the semiannual report required by
Sec. 60.107(e).
Subpart CC--[Amended]
12. Section 60.293 is amended by revising paragraphs (c)(4),
(c)(5), (d)(3) introductory text and (d)(3)(iii) to read as follows:
Sec. 60.293 Standards for particulate matter from glass melting
furnace with modified-processes.
* * * * *
(c) * * *
(4) Determine, based on the 6-minute opacity averages, the opacity
value corresponding to the 99 percent upper confidence level of a
normal distribution of average opacity values.
(5) For the purposes of Sec. 60.7, report to the Administrator as
excess emissions all of the 6-minute periods during which the average
opacity, as measured by the continuous monitoring system installed
under paragraph (c)(1) of this section, exceeds the opacity value
corresponding to the 99 percent upper confidence level determined under
paragraph (c)(4) of this section.
(d) * * *
(3) An owner or operator may redetermine the opacity value
corresponding to the 99 percent upper confidence level as described in
paragraph (c)(4) of this section if the owner or operator:
* * * * *
(iii) Uses the redetermined opacity value corresponding to the 99
percent upper confidence level for the purposes of paragraph (c)(5) of
this section.
* * * * *
Subpart NN--[Amended]
13. Section 60.403 is amended by revising paragraph (f) to read as
follows:
Sec. 60.403 Monitoring of emissions and operations.
* * * * *
(f) Any owner or operator subject to the requirements under
paragraph (c) of this section shall report on a frequency specified in
Sec. 60.7(c) all measurement results that are less than 90 percent of
the average levels maintained during the most recent performance test
conducted under Sec. 60.8 in which the affected facility demonstrated
compliance with the standard under Sec. 60.402.
* * * * *
Subpart XX--[Amended]
14. Section 60.502 is amended by revising (e)(3) and (e)(4) to read
as follows:
Sec. 60.502 Standards for Volatile Organic Compound (VOC) emissions
from bulk gasoline terminals.
* * * * *
(e) * * *
(3)(i) The owner or operator shall cross-check each tank
identification number obtained in paragraph (e)(2) of this section with
the file of tank vapor tightness documentation within 2 weeks after the
corresponding tank is loaded, unless either of the following conditions
is maintained:
(A) If less than an average of one gasoline tank truck per month
over the last 26 weeks is loaded without vapor tightness documentation
then the documentation cross-check shall be performed each quarter; or
(B) If less than an average of one gasoline tank truck per month
over the last 52 weeks is loaded without vapor tightness documentation
then the documentation cross-check shall be performed semiannually.
(ii) If either the quarterly or semiannual cross-check provided in
paragraphs (e)(3)(i) (A) through (B) of this section reveals that these
conditions were not maintained, the source must return to biweekly
monitoring until such time as these conditions are again met
(4) The terminal owner or operator shall notify the owner or
operator of each nonvapor-tight gasoline tank truck loaded at the
affected facility within 1 week of the documentation cross-check in
paragraph (e)(3) of this section.
* * * * *
Subpart AAA--[Amended]
15. Section 60.531 is amended by revising the definition for ``wood
heater'' to read as follows:
Sec. 60.531 Definitions.
* * * * *
Wood heater means an enclosed, woodburning appliance capable of and
intended for space heating or domestic water heating that meets all of
the following criteria:
(1) An air-to-fuel ratio in the combustion camber averaging less
than 35-to-1 as determined by the test procedure prescribed in
Sec. 60.534 performed at an accredited laboratory;
(2) A usable firebox volume of less than 20 cubic feet;
(3) A minimum burn rate of less than 5 kg/hr as determined by the
test procedure prescribed in Sec. 60.534 performed at an accredited
laboratory; and
(4) A maximum weight of 800 kg. In determining the weight of an
appliance for these purposes, fixtures and devices that are normally
sold separately, such as flue pipe, chimney, and masonry components
that are not an integral part of the appliance or heat distribution
ducting, shall not be included.
16. Section 60.536 is amended by revising paragraph (f)(3) to read
as follows:
Sec. 60.536 Permanent label, temporary label, and owner's manual.
* * * * *
(f) * * *
(3) If an enclosed appliance capable of space heating, or domestic
water heating is a coal-only heater as defined in Sec. 60.530, the
following statement shall appear on the permanent label:
U.S. Environment Protection Agency
This heater is only for burning coal. Use of any other solid fuel
except for coal ignition purposes is a violation of Federal law.
* * * * *
Sec. 60.538 [Removed]
17. Section 60.538 is removed and reserved.
Subpart SSS--[Amended]
18. Section 60.714 is amended by revising paragraph (a) to read as
follows:
Sec. 60.714 Installation of monitoring devices and recordkeeping.
* * * * *
(a) Each owner or operator of an affected coating operation that
utilizes less solvent annually than the applicable cutoff provided in
Sec. 60.710(b) and that is not subject to Sec. 60.712 (standards for
coating operations) shall maintain records of actual solvent use.
* * * * *
19. Section 60.717 is amended by revising paragraphs (c) and (d)
introductory text, to read as follows:
[[Page 47852]]
Sec. 60.717 Reporting and monitoring requirements.
* * * * *
(c) Each owner or operator of an affected coating operation
initially utilizing less than the applicable volume of solvent
specified in Sec. 60.710(b) per calendar year shall report the first
calendar year in which actual annual solvent use exceeds the applicable
volume.
(d) Each owner or operator of an affected coating operation, or
affected coating mix preparation equipment subject to Sec. 60.712(c),
shall submit semiannual reports to the Administrator documenting the
following:
PART 61--[AMENDED]
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401, 7412, 7414, 7416, 7601.
Subpart A--[Amended]
Sec. 61.04 [Amended]
2. Section 61.04 is amended by revising paragraph (b) introductory
text to read as follows:
* * * * *
(b) Section 112(d) directs the Administrator to delegate to each
State, when appropriate, the authority to implement and enforce
national emission standards for hazardous air pollutants for stationary
sources located in such State. If the authority to implement and
enforce a standard under this part has been delegated to a State, all
information required to be submitted to EPA under paragraph (a) of this
section shall also be submitted to the appropriate State agency
(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 EPA and the State agency.
If acceptable to both the Administrator and the owner or operator of a
source, notifications and reports may be submitted on electronic media.
The appropriate mailing address for those States whose delegation
request has been approved is as follows:
* * * * *
Subpart L--[Amended]
3. Section 61.139 is amended by removing paragraphs (i)(1)(ii) and
(j)(3); redesignating paragraphs (i)(1)(iii) and (i)(1)(v) as
paragraphs (i)(1)(ii) and (i)(1)(iv), respectively; and revising the
newly redesignated paragraph (i)(1)(iii), paragraph (j)(2) introductory
text, and paragraph (j)(2)(iv) to read as follows:
Sec. 61.139 Provisions for alternative means for process vessels,
storage tanks, and tar-intercepting sumps.
* * * * *
(i) * * *
(1) * * *
(iii) For each carbon adsorber, a plan for the method for handling
captured benzene and removed carbon to comply with paragraphs (b) (1)
and (2) of this section.
* * * * *
(j) * * *
(2) The following information shall be reported as part of the
semiannual reports required in Sec. 61.138(f).
* * * * *
(iv) For each vapor incinerator, the owner or operator shall
specify the method of monitoring chosen under paragraph (f)(2) of this
section in the first semiannual report. Any time the owner or operator
change that choice, he shall specify the change in the first semiannual
report following the change.
Subpart M--[Amended]
4. Section 61.142 is amended by revising paragraph (b)(6) to read
as follows:
Sec. 61.142 Standard for asbestos mills.
* * * * *
(b) * * *
(6) Submit semiannually a copy of visible emission monitoring
records to the Administrator if visible emissions occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
* * * * *
5. Section 61.144 is amended by revising paragraph (b)(8) to read
as follows:
Sec. 61.144 Standard for manufacturing.
* * * * *
(b) * * *
(8) Submit semiannually a copy of the visible emission monitoring
records to the Administrator if visible emission occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
6. Section 61.147 is amended by revising paragraph (b)(8) to read
as follows:
Sec. 61.147 Standard for fabricating.
* * * * *
(b) * * *
(8) Submit semiannually a copy of the visible emission monitoring
records to the Administrator if visible emission occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
Subpart N--[Amended]
7. Section 61.163 is amended by revising paragraph (c)(3) to read
as follows:
Sec. 61.263 Emission monitoring.
* * * * *
(c) * * *
(3) Determine, based on the 6-minute opacity averages, the opacity
value corresponding to the 99 percent upper confidence level of a
normal or log-normal (whichever the owner or operator determines is
more representative) distribution of the average opacity values.
* * * * *
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--[Amended]
2. Section 63.9 is amended by removing and reserving paragraph
(b)(2)(iv).
3. Section 63.10 is amended by adding paragraphs (b)(2)(vii)(A) and
(6)(2)(vii)(B) reserved and removing paragraph (e)(3)(i)(C) to read as
follows:
Sec. 63.10 Recordkeeping and reporting requirements
* * * * *
(b) * * *
(2) * * *
(vii) * * *
(A) If the owner or operator of an affected source required to
install a CEMS achieves and maintains 95% valid hourly averages for the
operating day, the owner or operator may retain block hourly average
values for that operating day and discard, at or after the end of that
operating day, the 15-minute or more frequent average values and
readings recorded by the applicable CEMS.
* * * * *
[FR Doc. 96-21672 Filed 9-10-96; 8:45 am]
BILLING CODE 6560-50-P