[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Rules and Regulations]
[Pages 13533-13541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6876]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5976-3]
RIN 2060-AI00


National Emission Standards for Hazardous Air Pollutants: 
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action revises monitoring, recordkeeping, and reporting 
requirements of the ``National Emission Standards for Hazardous Air 
Pollutants: Petroleum Refineries'' which was issued as a final rule 
August 18, 1995. This rule is commonly known as the Petroleum 
Refineries NESHAP.

DATES: The direct final rule will be effective May 19, 1998 unless 
significant, adverse comments are received by April 20, 1998. If 
significant, adverse comments are timely received EPA will publish 
timely notice in the Federal Register withdrawing the final rule.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket Number A-93-48 (see docket section below), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460. The EPA requests that a separate copy also be sent to the 
contact person listed below.

Electronic Submittal of Comments

    Electronic comments can be sent directly to EPA at: A-and-R-
D[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 6.1 file format or ASCII file format. All comments and data 
in electronic form must be identified by the docket number A-93-48. 
Electronic comments on the proposed rule may be filed online at many 
Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North 
Carolina, 27711, telephone number (919) 541-5672.

SUPPLEMENTARY INFORMATION: On August 18, 1995, the EPA promulgated the 
``National Emission Standards for Hazardous Air Pollutants: Petroleum 
Refineries'' (the ``Petroleum Refineries NESHAP''). The NESHAP 
regulates hazardous air pollutants (HAP) emitted from new and existing 
refineries that are major sources of HAP emissions. The regulated 
category and entities affected by this action include:

------------------------------------------------------------------------
             Category                  Examples of regulated entities   
------------------------------------------------------------------------
Industry..........................  Petroleum Refineries (Standard      
                                     Industrial Classification Code     
                                     2911).                             
------------------------------------------------------------------------

    This table is not intended to be exhaustive but, rather, provides a 
guide for readers regarding entities likely to be interested in the 
revisions to the regulation affected by this action. To determine 
whether your facility is regulated by this action, you should carefully 
examine all of the applicability criteria in 40 CFR 63.640. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the appropriate person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    A companion proposal to this direct final rule is being published 
in today's Federal Register and is identical to this direct final rule. 
Any comments on the revisions to the Petroleum Refineries NESHAP should 
address that proposal. If significant adverse comments are timely 
received by the date specified in the proposed rule, this direct final 
rule will be withdrawn and the comments will be addressed in a 
subsequent final rule based on the proposed rule. If no significant 
adverse comments are timely filed on any provision of this direct final 
rule then the entire direct final rule will become effective 60 days 
from today's Federal Register action and no further action will be 
taken on the companion proposal published today.

I. Background

    On August 18, 1995 (60 FR 43243), EPA promulgated in the Federal 
Register national emission standards for hazardous air pollutants 
(NESHAP) for petroleum refineries. These regulations were promulgated 
as subpart CC of 40 CFR part 63. As stated in the preamble to the 
promulgated rule, EPA pledged to continue working with industry to 
reduce the recordkeeping and reporting burden associated with the 
Petroleum Refineries NESHAP. The petroleum refining industry submitted 
suggestions for revisions to monitoring, recordkeeping, and reporting 
requirements. The EPA reviewed these suggestions and determined those 
to be included in today's action using several criteria. Included in 
today's action are revisions that will reduce industry's monitoring, 
recordkeeping and reporting burden or provide clarification in cases 
where industry could interpret requirements in a way more burdensome 
than intended. EPA did not include suggested revisions that delete 
monitoring, reporting and recordkeeping requirements necessary to 
ensure compliance with control requirements of the rule or revisions 
that alter the applicability, stringency, or schedule of the Petroleum 
Refineries NESHAP or other rules.
    Today's action also includes corrections to equations in the 
miscellaneous process vent provisions of the rule and corrections to 
typographical errors in references to Subpart Y National Emission 
Standards for Marine Tank Vessel Loading Operations.

II. Revisions

A. Deletion of Requirement to Report That Actions Are Consistent With 
Startup, Shutdown, Malfunction Plan

    The Petroleum Refineries NESHAP requires that petroleum refineries 
develop and implement a plan that describes procedures for operating 
and maintaining the source during periods of startup, shutdown and 
malfunction, provides a program of corrective action for malfunctioning 
process and air pollution control equipment, and identifies all routine 
or otherwise predictable malfunctions of continuous monitoring systems 
(CMS). Currently, if a startup, shutdown or malfunction is experienced 
during a reporting period and the Startup, Shutdown, and Malfunction 
Plan (SSMP) is followed, the refinery is required to report that the 
SSMP was followed in the next periodic report. Similarly, if a CMS 
experiences a routine or otherwise predictable failure, as defined in 
the SSMP, it is to be repaired immediately and the action reported in 
the next periodic report. The EPA has determined that requiring 
refineries to report that the SSMP has been followed is inconsistent 
with the general approach of requiring periodic reporting only of 
information associated with periods of excess emissions. Actions 
consistent with the SSMP and immediate repair of CMS do not constitute 
violations of the Petroleum Refineries NESHAP. For this reason, today's 
action revises the requirement to report that the SSMP has been 
followed and immediate repairs to CMS have been made. Owners and 
operators will not be required to report when the SSMP is followed or 
when a CMS experiences a routine failure and is immediately repaired 
unless requested

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to do so by the permitting authority. To ensure that following the SSMP 
and immediate repairs to CMS are documented, the requirements are 
retained to record when periods of startup, shutdown or malfunction 
occur and the SSMP is followed and when CMS experience routine or 
otherwise predictable failures and are immediately repaired.

B. EFR Seal Gap Measurement Reporting Requirements

    The current Petroleum Refineries NESHAP requires that if, during a 
seal gap measurement for an external floating roof tank, it is 
determined that a storage vessel does not meet the requirements of the 
rule, a refinery must provide, in the next periodic report, the date of 
the seal gap measurement, raw data from the seal gap measurement, 
calculations performed to determine that requirements were not met, the 
specific conditions that were not met, and the nature and date of 
repair or the date the storage vessel was emptied. By today's action, 
the requirement to provide raw data and calculations is deleted. This 
action reduces the reporting burden and provides consistency with the 
information required to be reported when a failure is detected during a 
storage vessel inspection. The requirements to report the date of 
inspection, the vessel, conditions not met, and date the storage vessel 
was repaired or emptied are retained. The requirement to keep a record 
of the raw data and calculations is retained.

C. Startup, Shutdown and Malfunction Plans (SSMP) for Wastewater

    As requirements for wastewater stream management units, the 
Petroleum Refineries NESHAP references the Benzene Waste Operation 
NESHAP, which does not contain a requirement for a startup, shutdown 
and malfunction plan (SSMP). The Petroleum Refineries NESHAP also 
references the general provisions requirement for a refinery SSMP. 
Revisions included in today's action clarify that an SSMP is optional 
for wastewater operations. The EPA did not intend to add additional 
requirements for wastewater beyond the Benzene NESHAP. However, owners 
and operators may wish to prepare an SSMP because it may reduce 
reporting when malfunctions occur. If there is an SSMP and it is 
followed in periods of startup, shutdown and malfunction, the incident 
is not required to be reported.
    Today's action includes a revision that will allow owners and 
operators with wastewater stream management units that are subject to 
both subpart CC and subpart G to comply with only subpart G. Subpart G 
requires an SSMP for wastewater stream management units. Today's action 
does not alter the requirement for an SSMP to be prepared for 
wastewater stream management units complying with subpart G.

D. Overlap of Subpart FF and Subpart G for Wastewater Stream Management 
Units

    Currently, when a wastewater stream management unit receives 
streams subject to 40 CFR part 63, subpart CC (Petroleum Refineries 
NESHAP) and 40 CFR part 63, subpart G (the HON), the equipment is to be 
in compliance with the provisions of Sec. 63.133 through Sec. 63.137 of 
the HON, the requirements of Sec. 63.143 and Sec. 63.148 of the HON for 
monitoring, inspections, recordkeeping and reporting and all of the 
requirements of 40 CFR part 61, subpart FF National Emission Standards 
for Benzene Waste Operations except for Sec. 61.355 and Sec. 61.357, 
which include reporting and recordkeeping requirements.
    The EPA recognizes that there is significant overlap between 
subparts FF and G. This issue was recently reviewed in revising parts 
of subpart G. It was determined that it is not possible to require only 
compliance with subpart FF as subpart FF was developed to control 
benzene emissions and compliance with subpart FF would not guarantee 
control of other HAPs. The selected alternative is to allow owners and 
operators the option to comply only with the requirements of subpart G. 
Requirements of subpart G were developed to control all HAP emissions 
and are as stringent as, if not more stringent than requirements of 
subpart FF. By today's action, the same approach is adopted for 
petroleum refineries. Today's action gives owners and operators of 
wastewater stream management units subject to the Petroleum Refineries 
NESHAP and subpart G the option to comply with only the requirements of 
subpart G.

E. Notification Requirements for Failure to Follow SSMP

    Currently, refineries are required to report an action taken that 
is inconsistent with the startup, shutdown and malfunction plan (SSMP) 
to the Administrator within 2 days of commencing the action and within 
7 days of completing the action. In addition to this requirement, 
refineries are to revise the SSMP if it is found to not address or 
inadequately address a startup, shutdown or malfunction. The revised 
SSMP is to be completed within 45 days of the event. The EPA has 
determined that it is not necessary for refineries to notify the 
Administrator of actions that are inconsistent with the SSMP within 2 
days of commencing the action and within 7 days of completing the 
action for the Administrator to be able to evaluate the SSMP and 
request revisions if needed. Today's action deletes the requirement to 
notify the Administrator within 2 days of commencing an action that is 
inconsistent with the SSMP and within 7 days of completing that action 
and replaces it with a requirement to report actions taken that are 
inconsistent with the SSMP in the next periodic report.

F. Identification of Group 2 Process Vents and Storage Vessels in the 
Notification of Compliance Status

    Currently, the Petroleum Refineries NESHAP requires owners and 
operators to identify Group 2 process vents and storage vessels in the 
Notification of Compliance Status (NCS). Group 2 emission points are 
subject to the NESHAP but are not subject to any control requirements. 
The EPA has determined that it is not necessary for refineries to 
provide an inventory of Group 2 emission points in the NCS. Because 
there are no control or reporting requirements associated with Group 2 
emission points, it is not foreseen that the Administrator will require 
an inventory of Group 2 emission points for future reference. 
Additionally, an inventory of Group 2 emission points will be retained 
on-site. Today's action adds the requirement to submit the inventory to 
the permitting authority at the permitting authority's request. The 
requirement to keep a record of process vents and storage vessels and 
their group determination is not altered by today's action.

G. Clarification of Requirements for Installation and Calibration of 
Continuous Monitoring Systems (CMS)

    According to the current Petroleum Refineries NESHAP, a continuous 
monitoring system (CMS) is to be installed and calibrated according to 
the manufacturer's specifications. Industry representatives have 
provided and EPA agrees that it is not always possible or desirable to 
install or calibrate equipment in exact accordance with the 
manufacturer's specifications. Minor adjustments must be made for most 
applications. Additionally, it may not be necessary to adhere to all 
the specifications provided by the manufacturer to ensure correct 
installation or calibration. By today's action, the directions for 
installing and calibrating CMS will be expanded to

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allow for procedures to be followed other than those specified by the 
manufacturer.

H. Requirement to Record the Signature of Owner or Operator When 
Equipment Leak Repairs are Delayed

    Under the promulgated petroleum refineries NESHAP, when an 
equipment leak is detected and it is determined that the leak cannot be 
repaired within 15 days, the facility is to record that the repair was 
delayed, the reason for the delay and the signature of the owner or 
operator (or designate) whose decision it was that the repair could not 
be affected without a process unit shutdown. By today's action, the 
requirement to record the signature of the owner or operator is revised 
to require the name of the person making the decision to be recorded. 
This revision will make the requirement compatible with electronic 
recordkeeping systems while maintaining the ability of the requirement 
to establish accountability.

I. Exemption of Secondary Seal From Requirements During Primary Seal 
Gap Measurements

    The petroleum refineries NESHAP references a provision of the HON 
that allows secondary seals on external floating roof storage vessels 
to be exempt from seal gap requirements while the seal is temporarily 
pulled back during primary seal gap measurements. Subpart Kb of 40 CFR 
part 60 does not include such a provision. Today's action extends the 
provision exempting secondary seals from seal gap requirements during 
primary seal gap measurements to storage vessels subject to the 
Petroleum Refineries NESHAP that are to comply with subpart Kb. The EPA 
has determined the provision provides a necessary clarification that 
was not considered in development of subpart Kb. Today's action does 
not alter the stringency of control requirements of subpart Kb.

J. Documentation of Compliance

    The Petroleum Refineries NESHAP requires that documentation of 
having achieved compliance be submitted in the Notification of 
Compliance Status (NCS) report, due within 150 days of the compliance 
date. A potential source of confusion is the lack of specific 
instructions regarding the NCS and gasoline loading racks. Refineries 
with co-located gasoline loading racks that are subject to the 
Petroleum Refineries NESHAP (subpart CC) are generally required by 
subpart CC to comply with the requirements of the Gasoline Distribution 
MACT. The Gasoline Distribution MACT references notification 
requirements of the General Provisions. It is not clear when the 
notification is required for gasoline loading racks at petroleum 
refineries. By today's action, it is clarified that any notifications 
of compliance status required by the Gasoline Distribution MACT for 
gasoline loading racks co-located at refineries is to be submitted 
within 150 days of the Petroleum Refinery NESHAP compliance date.

K. Revision of Notification of Compliance Status (NCS) Report 
Requirement for New Group 1 Emission Point

    In the promulgated Petroleum Refineries NESHAP, facilities are 
required to provide a NCS report for a new Group 1 emission point 
within 150 days of the change or addition of that point. By today's 
action, the reporting requirements are amended to allow the NCS report 
to be provided in the periodic report for the reporting period in which 
the Group 1 emission point is added. Today's action will reduce the 
burden of reporting through consolidating reports.
    Periodic reports are due semiannually, within 60 days of the end of 
each 6-month reporting period. Through this amendment, it will be 
possible for a NCS report to be submitted more than 150 days after the 
addition of a Group 1 emission point. At most, if a change or addition 
is made at the beginning of a reporting period, the NCS may not be 
provided for eight months, approximately three months more than if the 
requirement to provide the report within 150 days was retained 
unchanged. Alternately, this revision may require an owner or operator 
to submit an NCS in less than 150 days. If an addition or change is 
made at the end of a reporting period, the NCS must be submitted with 
the next periodic report no more than 60 days after the end of the 
reporting period. This amendment does not change the amount of time in 
which a Group 1 emission point must be in compliance with the standards 
of the Petroleum Refineries NESHAP.

L. Semiannual Reporting of Inspection Results

    For storage vessels complying with the reporting requirements of 
the Petroleum Refineries NESHAP, if a failure is detected during an 
inspection, it is required to be reported in the next periodic report. 
For storage vessels complying with subpart Kb or subpart Ka, if a 
failure is detected during an inspection, a report is to be provided to 
the Administrator within 30 days or 60 days, respectively. By today's 
action, when a failure is detected during an inspection of a storage 
vessel subject to the Petroleum Refineries NESHAP that is to comply 
with subpart Kb or subpart Ka, the failure is to be reported in the 
next periodic report. This revision provides consistency for reporting 
requirements between storage vessels that are to comply with the NESHAP 
and storage vessels that are to comply with subpart Kb and subpart Ka, 
without altering the control requirements of subpart Kb or Ka.

M. Extensions for EFR Seal Gap Measurements

    As discussed previously, storage vessels subject to the Petroleum 
Refineries NESHAP and a new source performance standard (40 CFR part 
60, subpart K, Ka or Kb) are only required to comply with one of the 
standards. Procedures are specified for external floating roof storage 
vessels that must comply with the refinery MACT to allow seal gap 
measurements to be delayed if it is determined that it is unsafe to 
perform the measurement. Provisions allow the gap measurements to be 
delayed for 30 days while the unsafe conditions are corrected. If the 
unsafe conditions cannot be corrected within that time period, the 
vessel is to be emptied within 45 days of the determination that the 
roof is unsafe. The owner or operator may use up to two extensions of 
30 days each to empty the tank. There are no such provisions in subpart 
Ka or Kb.
    Today's action extends the provision to allow seal gap measurements 
to be delayed due to unsafe conditions to storage vessels subject to 
the Petroleum Refineries NESHAP that are to comply with subparts Ka and 
Kb. The EPA has determined that the extension provision provides 
necessary guidance for owners and operators in circumstances that were 
not considered in the development of subparts Ka and Kb. Today's action 
does not alter the stringency of control requirements of subpart Ka or 
Kb.

N. Extensions for Storage Vessel Repairs

    In the Petroleum Refineries NESHAP, when an internal floating roof 
is discovered to not meet the requirements of the standard, it must be 
repaired or the associated storage vessel taken out of service and 
emptied within 45 days. If a storage vessel cannot be emptied or 
repaired within 45 days, the owner or operator may use up to two 
extensions of 30 days each. If an extension is utilized, the owner or 
operator must, in the next periodic report, identify the vessel, 
provide a description of the failure, document that alternate storage 
capacity is unavailable, and specify a

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schedule of actions that will ensure that the control equipment will be 
repaired or the vessel will be emptied as soon as possible. Subpart Kb 
does not include provisions to be followed in the event that a failure 
is detected during an inspection of a storage vessel control device and 
the storage vessel cannot be repaired or emptied within 45 days.
    Today's action extends the provision to allow for delays in 
repairing or emptying a storage vessel found to be out of compliance to 
storage vessels subject to the Petroleum Refineries NESHAP that are to 
comply with subpart Kb. The EPA has determined that the provision 
provides necessary guidance for owners and operators in circumstances 
that were not considered in the development of subpart Kb. Today's 
action does not alter the stringency of control requirements of subpart 
Kb.

O. Definition of Gasoline

    In the current Petroleum Refineries NESHAP, no definition is 
provided for gasoline although gasoline loading racks at affected 
facilities are subject to subpart CC. By today's action, a definition 
for gasoline is added to the definitions in subpart CC. The definition 
is taken from 40 CFR part 60, Subpart XX Standards of Performance for 
Bulk Gasoline Terminals.

P. Report of Determination of Applicability for Flexible Operation 
Units and for Distillation Columns and Storage Vessels for Which Use 
Varies

    The Petroleum Refineries NESHAP requires a report of the 
determination of the applicability of subpart CC to process units 
designed and operated as flexible operation units, and storage vessels 
and distillation units for which use varies from year to year. For 
existing units, this report is to be submitted no later than 18 months 
prior to the compliance date. With the exception of reports required 
for emission points included in emissions averaging, no other reports 
are required prior to the compliance date. By today's action, the 
requirement is revised to allow applicability determinations for 
flexible operation units and distillation columns and storage vessels 
for which use varies to be reported in the initial Notification of 
Compliance Status report. This revision provides consistency between 
reporting requirements and reduces burden by consolidating reports. 
This revision does not alter the date by which existing units must be 
in compliance with the Petroleum Refineries NESHAP.

Q. Compliance of Agitators With Equipment Leaks Provisions

    Currently, owners and operators of refineries can comply with the 
equipment leaks provisions of the NESHAP by complying with the 
equipment leaks provisions of subpart H. Some of the referenced 
provisions of subpart H refer to agitators in heavy liquid service. As 
stated on pages 8-3 of the background information document for the 
final rule (EPA-453/R-95-015b), the provisions of the Petroleum 
Refineries NESHAP are not intended to apply to agitators. It is 
possible that, due to the references to agitators in subpart H, subpart 
CC could be interpreted as applying to agitators. Today's action 
revises the Petroleum Refineries NESHAP to specifically state that 
owners and operators of facilities subject to subpart CC are not 
required to comply with subpart H for agitators in heavy liquid 
service.

R. Overlap of Subparts XX and R for Gasoline Loading Racks

    The current Petroleum Refineries NESHAP requires gasoline loading 
racks located at refineries to be in compliance with the control 
requirements of 40 CFR part 63, Subpart R National Emission Standards 
for Gasoline Distribution Facilities. New gasoline loading racks are 
also subject to 40 CFR part 60, Subpart XX, the New Source Performance 
Standard (NSPS) for bulk gasoline terminals. It is currently possible 
for a gasoline loading rack at a petroleum refinery to be subject to 
both subparts R and XX. Today's action revises the Petroleum Refineries 
NESHAP to require petroleum refineries with gasoline loading racks 
subject to both subparts R and XX to comply with the control 
requirements of subpart R. This revision does not alter the stringency 
of the rule as the control requirements of subpart R are more stringent 
than the control requirements of subpart XX.

S. Corrections to Miscellaneous Process Vent Equations

    Following promulgation of the Petroleum Refineries NESHAP, two 
errors were discovered in two equations to be used to calculate 
kilograms per day of volatile organic compounds (VOC) in miscellaneous 
process vent streams. If used as currently presented, the equations 
will cause facilities to underestimate kilograms per day of VOC by a 
factor of 24 or 1,000. Today's action corrects these equations. These 
corrections do not alter the monitoring, recordkeeping, or reporting 
requirements or control requirements of the rule as originally 
intended.

T. Revision of Notification of Compliance Status Report Requirement for 
Existing Group 1 Storage Vessels Brought Into Compliance After August 
18, 1998

    The Petroleum Refineries NESHAP allows floating roof storage 
vessels to be brought into compliance up to 10 years after August 18, 
1998, the compliance date for other emission points. A Notification of 
Compliance Status (NCS) report is required to be submitted when these 
vessels are brought into compliance. Currently, it is not clear when 
the NCS report is to be submitted.
    Today's revision will require a NCS report to be submitted for 
storage vessels brought into compliance after August 18, 1998 with the 
periodic report for the reporting period in which the vessel was 
brought into compliance. The report will include a list of Group 1 
storage vessels and either the actual or anticipated date of compliance 
for each vessel.
    This revision provides needed clarification and allows for the 
consolidation of reports.

III. Reduction in Burden

    The revisions included in today's action are expected to reduce the 
annual recordkeeping and reporting burden associated with this NESHAP 
by 80 technical hours per refinery and 13,200 technical hours 
nationwide.

IV. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of the actions taken by this final rule is available only on the filing 
of 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 
action. Under section 307(b)(2) of the CAA, the requirements that are 
subject to today's notice may not be challenged later in civil or 
criminal proceedings brought by EPA to enforce these requirements.

V. Administrative

A. Paperwork Reduction Act

    The information collection requirements in the promulgated 
Petroleum Refineries NESHAP rule have been approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and have been assigned a control number 2060-0340. 
However, this approval has expired and the information collection 
request is currently in the reinstatement process. The information 
collection request has

[[Page 13537]]

been revised to reflect the revisions to monitoring, recordkeeping and 
reporting requirements made by today's action. The collection of 
information has an estimated annual reporting and recordkeeping burden 
averaging 3,000 hours per respondent. This estimate includes time for 
reviewing instructions; developing, acquiring, installing, and 
utilizing technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information, and disclosing and providing information; adjusting 
existing ways to comply with any previously applicable instructions and 
requirements; completing and reviewing the collection of information; 
and transmitting or otherwise disclosing the information.
    The burden estimate reflects an annual reduction of 13,200 
technical hours, as compared to the estimate at promulgation, resulting 
from the revisions made by today's action.

B. Executive Order 12866 Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    1. Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    2. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    3. Materially alter the budgetary impact of entitlements, grants, 
user fees, or land programs or the rights and obligations of recipients 
thereof; of
    4. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Because today's action decreases the burden of the Petroleum 
Refineries NESHAP without altering the stringency, applicability, or 
schedule of the NESHAP or other rules, this rule was classified ``non-
significant'' under Executive Order 12866 and, therefore was not 
reviewed by the Office of Management and Budget.

C. Regulatory Flexibility

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. The 
EPA has also determined that this rule will not have a significant 
negative economic impact on a substantial number of small entities. 
This direct final rule will not have a significant negative impact on a 
substantial number of small entities because it revises monitoring, 
recordkeeping, and reporting requirements and reduces the associated 
burden for all affected facilities, including small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    At the time of promulgation, EPA determined that the Petroleum 
Refineries NESHAP does not include a Federal mandate that may result in 
estimated costs of $100 million or more to either State, local, or 
tribal governments in the aggregate or to the private sector. This 
determination is not altered by today's action, the purpose of which is 
to reduce the burden associated with monitoring, recordkeeping, and 
reporting requirements. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.

E. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous air 
pollutants, Petroleum refineries, Reporting and recordkeeping 
requirements, Storage vessels.

    Dated: March 4, 1998.
Carol M. Browner,
Administrator.

    For reasons set out in the preamble, part 63 of title 40, chapter 
I, of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

Subpart CC--National Emission Standards for Hazardous Air 
Pollutants From Petroleum Refineries

    2. Amend Sec. 63.640 by revising paragraphs (k)(2)(vii), (n)(1), 
(n)(3), and (n)(6); by adding paragraphs (n)(8), (n)(9) and (r); and by 
revising paragraph (o)(2) to read as follows:


Sec. 63.640  Applicability and designation of affected source.

* * * * *
    (k) * * *
    (2) * * *
    (vii) Reports and notifications required by Secs. 63.565 and 63.567 
of

[[Page 13538]]

subpart Y. These requirements are summarized in table 5 of this 
subpart.
* * * * *
    (n) * * *
    (1) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 or Group 2 storage vessel that is part of an 
existing source and is also subject to the provisions of 40 CFR part 
60, subpart Kb is required to comply only with the requirements of 40 
CFR part 60, subpart Kb, except as provided in paragraph (n)(8) of this 
section.
* * * * *
    (3) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to the control requirements in Sec. 60.112b of 40 CFR part 60, 
subpart Kb is required to comply only with 40 CFR part 60, subpart Kb 
except as provided in paragraph (n)(8) of this section.
* * * * *
    (6) After compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to the control 
requirements of 40 CFR part 60, subparts K or Ka is required to comply 
only with the provisions of 40 CFR part 60, subparts K or Ka, except as 
provided for in paragraph (n)(9) of this section.
* * * * *
    (8) Storage vessels described by paragraphs (n)(1) and (n)(3) of 
this section are to comply with subpart Kb of 40 CFR part 60 except as 
provided for in paragraphs (n)(8)(i) through (n)(8)(vi) of this 
section.
    (i) Storage vessels that are to comply with 40 CFR 60.112b(a)(2) of 
subpart Kb are exempt from the secondary seal requirements of 40 CFR 
60.112b(a)(2)(i)(B), during the gap measurements for the primary seal 
required by 40 CFR 60.113b(b) of subpart Kb.
    (ii) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in 40 CFR 60.113b(b) of 
subpart Kb or to inspect the vessel to determine compliance with 40 CFR 
60.113b(a) of subpart Kb because the roof appears to be structurally 
unsound and poses an imminent danger to inspecting personnel, the owner 
or operator shall comply with the requirements in either 
Sec. 63.120(b)(7)(i) or Sec. 63.120(b)(7)(ii) of subpart G.
    (iii) If a failure is detected during the inspections required by 
40 CFR Sec. 60.113b(a)(2) or during the seal gap measurements required 
by 40 CFR 60.113b(b)(1), and the vessel cannot be repaired within 45 
days and the vessel cannot be emptied within 45 days, the owner or 
operator may utilize up to two extensions of up to 30 additional 
calendar days each. The owner or operator is not required to provide a 
request for the extension to the Administrator.
    (iv) If an extension is utilized in accordance with paragraph 
(n)(8)(iii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, provide the information listed in 
40 CFR 60.113b(a)(2) or 60.113b(b)(4)(iii), and describe the nature and 
date of the repair made or provide the date the storage vessel was 
emptied.
    (v) Owners and operators of storage vessels complying with subpart 
Kb of 40 CFR Part 60 may submit the inspection reports required by 40 
CFR 60.115b(a)(3), (a)(4), and (b)(4) of Subpart Kb as part of the 
periodic reports required by this subpart, rather than within the 30-
day period specified in 40 CFR 60.115b(a)(3), (a)(4), and (b)(4) of 
Subpart Kb.
    (vi) The reports of rim seal inspections specified in 40 CFR 
60.115b(b)(2) are not required if none of the measured gaps or 
calculated gap areas exceed the limitations specified in 40 CFR 
60.113b(b)(4). Documentation of the inspections shall be recorded as 
specified in 40 CFR 60.115b(b)(3).
    (9) Storage vessels described by paragraph (n)(6) of this section 
which are to comply with 40 CFR part 60, subpart Ka, are to comply with 
only 40 CFR part 60, subpart Ka, except as provided for in paragraphs 
(n)(9)(i) through (n)(9)(iv) of this section.
    (i) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in 40 CFR 60.113a(a)(1) of 
subpart Ka because the floating roof appears to be structurally unsound 
and poses an imminent danger to inspecting personnel, the owner or 
operator shall comply with the requirements in either 
Secs. 63.120(b)(7)(i) or (b)(7)(ii) of subpart G.
    (ii) If a failure is detected during the seal gap measurements 
required by 40 CFR 60.113a(a)(1) of subpart Ka, and the vessel cannot 
be repaired within 45 days and the vessel cannot be emptied within 45 
days, the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each.
    (iii) If an extension is utilized in accordance with paragraph 
(n)(9)(ii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, describe the nature and date of 
the repair made or provide the date the storage vessel was emptied. The 
owner or operator shall also provide documentation of the decision to 
utilize an extension including a description of the failure, 
documentation that alternate storage capacity is unavailable, a 
schedule of actions that will ensure that the control equipment will be 
repaired or the vessel emptied as soon as possible.
    (iv) Owners and operators of storage vessels complying with subpart 
Ka of part 60 may submit the inspection reports required by 40 CFR 
60.113a(a)(1)(i)(E) of subpart Ka as part of the periodic reports 
required by this subpart, rather than within the 60-day period 
specified in 40 CFR 60.113a(a)(1)(i)(E) of subpart Ka.
    (o) * * *
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 or Group 2 wastewater stream that is conveyed, 
stored, or treated in a wastewater stream management unit that also 
receives streams subject to the provisions of Secs. 63.133 through 
63.147 of subpart G wastewater provisions of this part shall comply as 
specified in paragraph (o)(2)(i) or (o)(2)(ii) of this section. 
Compliance with the provisions of paragraph (o)(2) of this section 
shall constitute compliance with the requirements of this subpart for 
that wastewater stream.
    (i) Comply with paragraphs (o)(2)(i)(A) through (o)(2)(i)(C) of 
this section.
    (A) The provisions in Secs. 63.133 through 63.140 of subpart G for 
all equipment used in the storage and conveyance of the Group 1 or 
Group 2 wastewater stream.
    (B) The provisions in both 40 CFR part 61, subpart FF, and in 
Secs. 63.138 and 63.139 of subpart G for the treatment and control of 
the Group 1 or Group 2 wastewater stream.
    (C) The provisions in Secs. 63.143 through 63.148 of subpart G for 
monitoring and inspections of equipment and for recordkeeping and 
reporting requirements. The owner or operator is not required to comply 
with the monitoring, recordkeeping, and reporting requirements 
associated with the treatment and control requirements in 40 CFR part 
61, subpart FF, Secs. 61.355 through 61.357.
    (ii) Comply with paragraphs (o)(2)(ii)(A) and (o)(2)(ii)(B) of this 
section.
    (A) Comply with the provisions of Secs. 63.133 through 63.148 and 
Secs. 63.151 and 63.152 of subpart G
    (B) For any Group 2 wastewater stream or organic stream whose 
benzene emissions are subject to control through the use of one or more 
treatment processes or waste management units under the provisions of 
40 CFR part 61, subpart FF, on or after December 31, 1992, comply with 
the requirements of

[[Page 13539]]

Sec. Sec. 63.133 through 63.147 of subpart G for Group 1 wastewater 
streams.
* * * * *
    (r) Overlap of this subpart CC with other regulations for gasoline 
loading racks.
    (1) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 gasoline loading rack that is part of a source 
subject to subpart CC and also is subject to the provisions of 40 CFR 
part 60, subpart XX is required to comply only with this subpart.
    (2) [Reserved]
    3. Amend Sec. 63.641 by adding in alphabetical order a definition 
for ``gasoline'' to read as follows:


Sec. 63.641  Definitions.

* * * * *
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or 
greater which is used as a fuel for internal combustion engines.
* * * * *
    4. Amend Sec. 63.644 by revising the last sentence of paragraph (a) 
introductory text to read as follows:


Sec. 63.644  Monitoring provisions for miscellaneous process vents.

    (a) * * * All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment will monitor accurately.
* * * * *
    5. Amend Sec. 63.645 by revising the definition of 
``K2'' in paragraph (f)(4) and revising paragraph (f)(5) to 
read as follows:
* * * * *


Sec. 63.645  Test methods and procedures for miscellaneous process 
vents.

* * * * *
    (f) * * *
    (4) * * *
    K2=Constant, 5.986 x 10-5 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram 
per gram) (minute per day), where the standard temperature (standard 
cubic meter) is at 20  deg.C.
    (5) If Method 25A is used the emission rate of TOC (ETOC) shall be 
calculated using the following equation:

E=K2CTOCMQs

where:
E=Emission rate of TOC (minus methane and ethane) in the sample, 
kilograms per day.
K2=Constant, 5.986 x 10-5 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram 
per gram) (minute per day), where the standard temperature (standard 
cubic meter) is at 20  deg.C.
CTOC=Concentration of TOC on a dry basis in parts per 
million volume as measured by Method 25A of 40 CFR part 60, appendix A, 
as indicated in paragraph (f)(3) of this section.
M=Molecular weight of organic compound used to express units of 
CTOC, gram per gram-mole.
Qs=Vent stream flow rate, dry standard cubic meters per 
minute, at a temperature of 20  deg.C.
* * * * *
    6. Amend Sec. 63.648 by revising paragraph (e) to read as follows:


Sec. 63.648  Equipment leak standards.

* * * * *
    (e) For reciprocating pumps in heavy liquid service, and agitators 
in heavy liquid service, owners and operators are not required to 
comply with the requirements in Sec. 63.169 of subpart H.
* * * * *
    7. Amend Sec. 63.654 by revising the first sentence of paragraph 
(a); revising paragraphs (d)(1), (f) introductory text, (f)(1)(i)(A), 
(f)(1)(ii); adding paragraph (f)(6); revising the last sentence of 
paragraph (g)(3)(i) introductory text; removing paragraph (g)(3)(i)(B); 
redesignating paragraphs (g)(3)(i)(C) and (g)(3)(i)(D) as (g)(3)(i)(B) 
and (g)(3)(i)(C); revising paragraph (h)(1); revising the first two 
sentences of paragraph (h)(6) introductory text; and adding paragraph 
(i)(5).
* * * * *


Sec. 63.654  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to the wastewater provisions in 
Sec. 63.647 shall comply with the recordkeeping and reporting 
provisions in 40 CFR 61.356 and 61.357 of subpart FF unless they are 
complying with the wastewater provisions specified in 
Sec. 63.640(o)(2)(ii). * * *
* * * * *
    (d) * * *
    (1) Sections 60.486 and 60.487 of subpart VV of 40 CFR part 60, 
except as specified in paragraph (d)(1)(i); or Secs. 63.181 and 63.182 
of subpart H of this part except for Secs. 63.182 (b), (c)(2), and 
(c)(4).
    (i) The signature of the owner or operator (or designate) whose 
decision it was that a repair could not be effected without a process 
shutdown is not required to be recorded. Instead, the name of the 
person whose decision it was that a repair could not be effected 
without a process shutdown shall be recorded and retained for 2 years.
    (ii) [Reserved]
* * * * *
    (f) Each owner or operator of a source subject to this subpart 
shall submit a Notification of Compliance Status report within 150 days 
after the compliance dates specified in Sec. 63.640(h), with the 
exception of Notification of Compliance Status reports submitted to 
comply with Sec. 63.640(l)(3) and for storage vessels subject to the 
compliance schedule specified in Sec. 63.640(h)(4). Notification of 
Compliance Status reports required by Sec. 63.640(l)(3) and for storage 
vessels subject to the compliance dates specified in Sec. 63.640(h)(4) 
shall be submitted according to paragraph (f)(6) of this section. This 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, in a separate submittal, 
or in any combination of the three. If the required information has 
been submitted before the date 150 days after the compliance date 
specified in Sec. 63.640(h), a separate Notification of Compliance 
Status report is not required within 150 days after the compliance 
dates specified in Sec. 63.640(h). If an owner or operator submits the 
information specified in paragraphs (f)(1) through (f)(5) of this 
section at different times, and/or in different submittals, later 
submittals may refer to earlier submittals instead of duplicating and 
resubmitting the previously submitted information. Each owner or 
operator of a gasoline loading rack classified under Standard 
Industrial Classification Code 2911 located within a contiguous area 
and under common control with a petroleum refinery subject to the 
standards of this subpart shall submit the Notification of Compliance 
Status report required by subpart R of this part within 150 days after 
the compliance dates specified in Sec. 63.640(h) of this subpart.
    (1) * * *
    (i) * * *
    (A) For each Group 1 storage vessel subject to this subpart, the 
information specified in paragraphs (f)(1)(i)(A)(1) through 
(f)(1)(i)(A)(4). This information is to be revised each time a 
Notification of Compliance Status report is submitted for a storage 
vessel subject to the compliance schedule specified in 
Sec. 63.640(h)(4) or to comply with Sec. 63.640(l)(3).
    (1) Identification of each Group 1 storage vessel subject to this 
subpart. Group 2 storage vessels do not need to be identified unless 
included in an emissions average.
    (2) For each Group 1 storage vessel complying with Sec. 63.646 that 
is not

[[Page 13540]]

included in an emissions average, the method of compliance (i.e., 
internal floating roof, external floating roof, or closed vent system 
and control device).
    (3) For storage vessels subject to the compliance schedule 
specified in Sec. 63.640(h)(4) that are not complying with Sec. 63.646, 
the anticipated compliance date.
    (4) For storage vessels subject to the compliance schedule 
specified in Sec. 63.640(h)(4) that are complying with Sec. 63.646 and 
the Group 1 storage vessels described in Sec. 63.640(l), the actual 
compliance date.
* * * * *
    (ii) For miscellaneous process vents, identification of each Group 
1 miscellaneous process vent subject to this subpart and the method of 
compliance for each Group 1 miscellaneous process vent that is not 
included in an emissions average (e.g., use of a flare or other control 
device meeting the requirements of Sec. 63.643(a)). Group 2 
miscellaneous process vents do not need to be identified in the 
Notification of Compliance Status report unless included in an 
emissions average.
* * * * *
    (6) Notification of Compliance Status reports required by 
Sec. 63.640(l)(3) and for storage vessels subject to the compliance 
dates specified in Sec. 63.640(h)(4) shall be submitted no later than 
60 days after the end of the 6-month period during which the change or 
addition was made that resulted in the Group 1 emission point or the 
existing Group 1 storage vessel was brought into compliance, and may be 
combined with the periodic report. Six-month periods shall be the same 
6-month periods specified in paragraph (g) of this section. The 
Notification of Compliance Status report shall include the information 
specified in paragraphs (f)(1) through (f)(5) of this section. This 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, in a separate submittal, 
as part of the periodic report or in any combination of these four. If 
the required information has been submitted before the date 60 days 
after the end of the 6-month period in which the addition of the Group 
1 emission point took place, a separate Notification of Compliance 
Status report is not required within 60 days after the end of the 6-
month period. If an owner or operator submits the information specified 
in paragraphs (f)(1) through (f)(5) of this section at different times, 
and/or in different submittals, later submittals may refer to earlier 
submittals instead of duplicating and resubmitting the previously 
submitted information.
    (g) * * *
    (3) * * *
    (i) * * * This documentation shall include the information 
specified in paragraphs (g)(3)(i)(A) through (g)(3)(i)(C) of this 
section.
* * * * *
    (h) * * *
    (1) Reports of startup, shutdown, and malfunction required by 
Sec. 63.10(d)(5) as specified in table 6 of this subpart. Records and 
reports of startup, shutdown, and malfunction are not required if they 
pertain solely to Group 2 emission points, as defined in Sec. 63.641, 
that are not included in an emissions average. The periodic reports of 
startup, shutdown, and malfunction specified in Sec. 63.10(d)(5)(i) are 
not required if the actions taken by an owner or operator during a 
startup, shutdown, or malfunction are consistent with the source's 
startup, shutdown, and malfunction plan required by Sec. 63.6(e)(3) 
unless requested by the permitting authority. The operator shall comply 
with the reporting requirements of Sec. 63.10(d)(5)(ii) if the startup, 
shutdown, and malfunction plan is not followed, except as specified in 
table 6 of this subpart. For purposes of this paragraph, startup and 
shutdown shall have the meaning defined in Sec. 63.641, and malfunction 
shall have the meaning defined in Sec. 63.2;
* * * * *
    (6) The owner or operator shall submit the information specified in 
paragraphs (h)(6)(i) through (h)(6)(iii) of this section, as 
applicable. For existing sources, this information shall be submitted 
in the initial Notification of Compliance Status report. * * *
* * * * *
    (i) * * *
    (5) In addition to the information reported under paragraphs (a) 
through (h) of this section, the information listed in paragraphs 
(i)(5)(i) and (i)(5)(ii) shall be retained on-site. The information 
listed in (i)(5)(i) shall be submitted upon the request of the 
permitting authority.
    (i) A record identifying all Group 2 miscellaneous process vents.
    (ii) A record identifying all Group 2 storage vessels, their 
dimensions and capacity.
    8. In table 5 in the appendix of subpart CC, remove the entries for 
``63.566(a)'' and ``63.566(b)'' and add two entries, in numerical 
order, to read as follows:

 Table 5.--Marine Vessel Loading and Unloading Operations Recordkeeping 
                      and Reporting Requirements a                      
------------------------------------------------------------------------
 Reference (section of subpart Y                                        
          of this part)               Description           Comment     
------------------------------------------------------------------------
63.565(a).......................  Performance test/   The information   
                                   site test plan.     required under   
                                                       this paragraph is
                                                       to be submitted  
                                                       with the         
                                                       notification of  
                                                       compliance status
                                                       report required  
                                                       under 40 CFR part
                                                       63 subpart CC.   
63.565(b).......................  Performance test                      
                                   data requirements.                   
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------
aThis table does not include all the requirements delineated under the  
  sections. See referenced sections for specific requirements           

    9. In table 6 in the appendix of subpart CC, remove the entries for 
``63.6(e)'', ``63.8(c)(1)(i)'', ``63.8(c)(3)'', ``63.10(d)(5)(i)'', and 
``63.10(d)(5)(ii)'' and add five entries in numerical order, to read as 
follows:

[[Page 13541]]


       Table 6.--General Provisions Applicability to Subpart CC a       
------------------------------------------------------------------------
                                  Applies to subpart                    
            Reference                     CC                Comment     
------------------------------------------------------------------------
                                                                        
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Sec.  63.6(e)...................  Yes...............  Does not apply to 
                                                       Group 2 emission 
                                                       points.b The     
                                                       startup,         
                                                       shutdown, and    
                                                       malfunction plan 
                                                       specified in Sec.
                                                        63.6(e)(3) is   
                                                       not required for 
                                                       wastewater       
                                                       operations that  
                                                       are not subject  
                                                       to subpart G of  
                                                       this part.       
                                                      Except that       
                                                       actions taken    
                                                       during a startup,
                                                       shutdown, or     
                                                       malfunction that 
                                                       are not          
                                                       consistent with  
                                                       the startup,     
                                                       shutdown, and    
                                                       malfunction plan 
                                                       do not need to be
                                                       reported within 2
                                                       and 7 days of    
                                                       commencing and   
                                                       completing the   
                                                       action,          
                                                       respectively, but
                                                       must be included 
                                                       in the next      
                                                       periodic report. 
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Sec.  63.8(c)(1)(i).............  Yes...............  Except that if    
                                                       ``routine'' or   
                                                       otherwise        
                                                       predictable      
                                                       malfunctions, as 
                                                       defined in the   
                                                       source's startup,
                                                       shutdown and     
                                                       malfunction plan,
                                                       are immediately  
                                                       corrected, the   
                                                       source is not    
                                                       required to      
                                                       report the action
                                                       in the semiannual
                                                       startup,         
                                                       shutdown, and    
                                                       malfunction      
                                                       report required  
                                                       under Sec.       
                                                       63.10(d)(i)      
                                                       unless requested 
                                                       to do so by the  
                                                       permitting       
                                                       authority.       
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Sec.  63.8(c)(3)................  Yes...............  Except that       
                                                       verification of  
                                                       operational      
                                                       status shall, at 
                                                       a minimum,       
                                                       include          
                                                       completion of the
                                                       manufacturer's   
                                                       written          
                                                       specifications or
                                                       recommendations  
                                                       for installation,
                                                       operation, and   
                                                       calibration of   
                                                       the system or    
                                                       other written    
                                                       procedures that  
                                                       provide adequate 
                                                       assurance that   
                                                       the equipment    
                                                       would monitor    
                                                       accurately.      
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Sec.  63.10(d)(5)(i)............  Yesb..............  Except that       
                                                       reports are not  
                                                       required to be   
                                                       submitted unless 
                                                       they are         
                                                       requested by the 
                                                       permitting       
                                                       authority.       
Sec.  63.10(d)(5)(ii)...........  Yes...............  Except that       
                                                       actions taken    
                                                       during a startup,
                                                       shutdown, or     
                                                       malfunction that 
                                                       are not          
                                                       consistent with  
                                                       the startup,     
                                                       shutdown, and    
                                                       malfunction plan 
                                                       do not need to be
                                                       reported within 2
                                                       and 7 days of    
                                                       commencing and   
                                                       completing the   
                                                       action,          
                                                       respectively, but
                                                       must be included 
                                                       in the next      
                                                       periodic report. 
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------
a Wherever subpart A specifies ``postmark'' dates, submittals may be    
  sent by methods other than the U.S. Mail (e.g., by fax or courier).   
  Submittals shall be sent by the specified dates, but a postmark is not
  required.                                                             
b The plan, and any records or reports of startup, shutdown, and        
  malfunction do not apply to Group 2 emission points.                  

[FR Doc. 98-6876 Filed 3-19-98; 8:45 am]
BILLING CODE 6560-50-P