[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Rules and Regulations]
[Pages 7458-7468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3252]



[[Page 7457]]

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Part X





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 51, 60, 61, and 63



Clean Air Act: Recordkeeping and Reporting Burden Reduction; Final Rule

  Federal Register / Vol. 64, No. 29 / Friday, February 12, 1999 / 
Rules and Regulations  

[[Page 7458]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 60, 61, and 63

[AD-FRL-6300-4]


Recordkeeping and Reporting Burden Reduction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final amendments.

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SUMMARY: On September 11, 1996, the EPA proposed changes to reduce 
unnecessary reporting and recordkeeping burdens due to regulations 
implementing the Clean Air Act (the Act). This review was part of a 
Government-wide initiative as directed by the President on March 1, 
1995. With today's document, the EPA is finalizing the proposed 
changes, with minor amendments as discussed below. On the whole, public 
comments that were received on the proposed changes were overwhelmingly 
supportive of the Agency's efforts.

DATES: Effective Date. April 13, 1999.
    Judicial Review. Under Section 307(b)(1) of the Act, judicial 
review is available only by filing a petition for review in the U.S. 
Court of Appeals for the District of Columbia Circuit within 60 days of 
today's publication of this final rule. Under Section 307(b)(2) of the 
Act, the requirements that are the subject of today's document may not 
be challenged later in civil or criminal proceedings brought by the EPA 
to enforce these requirements.

ADDRESSES: Docket. Docket No. A-95-50, containing supporting 
information used in developing the final amendments to the standards, 
is available for public inspection and copying from 8:00 a.m. to 5:30 
p.m., Monday through Friday, at the EPA's Air and Radiation Docket and 
Information Center (6102), 401 M Street, SW, Washington, D.C. 20460; 
telephone (202) 260-7548. Both the public comment letters and a 
detailed summary of the comments and the EPA's responses to them are 
included 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 W. Markwordt, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711; telephone (919) 
541-0837.

SUPPLEMENTARY INFORMATION:
    An electronic version of this rule is available for download from 
the EPA Technology Transfer Network (TTN) at ``http://www.epa.gov/ttn/
oarpg/ramain.html''. For assistance in downloading files, call the TTN 
Help line at (919) 541-5384.

I. Significant Public Comments and Responses

    Fourteen letters on the proposed revisions were received. Of these, 
four were from State agencies and ten were from industry commenters. A 
detailed discussion of all the comments and the EPA's responses can be 
found in the comment summary and response document, which is referenced 
in the ADDRESSES section of this preamble. This summary of comments and 
responses serves as the basis for the revisions that have been made to 
the standards between proposal and promulgation. Most of the comment 
letters contained multiple comments.
    The comments addressed the General Provisions for 40 CFR parts 60, 
61, and 63; NSPS for Steam Generators (40 CFR part 60 subparts D, Da, 
Db, and Dc); NSPS for Municipal Waste Combustors (40 CFR 60 subpart 
Ea); Emission Reporting Requirements for 40 CFR part 51; NSPS for New 
Residential Wood Heaters (40 CFR part 60 subpart AAA); and additional 
burden reduction. These comments and the EPA's responses are summarized 
below.

A. General Provisions for 40 CFR Parts 60, 61, and 63

    The EPA's proposals concerning reducing the record keeping and 
reporting burden in the General Provisions were generally supported. 
Nine commenters strongly supported the EPA's commitment to reducing 
record keeping and reporting burdens. Three commenters also supported 
the EPA's proposal to allow electronic data submission, and made 
detailed suggestions concerning implementation of electronic reporting. 
The EPA's proposal to eliminate the notification of the anticipated 
date of initial startup was also supported by four commenters. Five 
commenters supported the EPA's proposal to require only a 7-day notice 
prior to rescheduling a performance test. However, sources in this 
situation should notify their delegated State agency (or EPA Region if 
there is no delegated State agency) as soon as possible, when they have 
a need to use this provision. There were no negative comments on the 
EPA's proposals concerning electronic data submission, eliminating 
notification of anticipated initial startup date, and requiring only a 
7-day prior notice for rescheduling a performance test.
    This document corrects a typographical error in the proposal notice 
(61 FR 47852). The EPA's intent was to delete the paragraph requiring 
notification of the anticipated date of startup for new affected 
facilities. Section 63.9(b)(2)(iv) was erroneously cited. The correct 
citation is section 63.9(b)(4)(iv).
1. Quarterly or Semi-Annual Reporting
    Three commenters supported the proposed change to semi-annual 
excess emissions reporting, arguing that semi-annual reporting would be 
sufficient to ensure compliance and would reduce regulatory costs and 
burden. One of the commenters contended that State and local 
regulations would also need to be revised to semi-annual reporting to 
realize the cost savings. However, one commenter supported retaining 
the requirement for quarterly reporting, stating that a reduction of 
reporting frequency would result in an inability for State and local 
agencies to identify and respond to violations in a timely manner, and 
delay the resolution of enforcement actions. The commenter requested 
that the EPA add language to Sec. 60.7(c), and any other applicable 
sections, specifying that semi-annual reporting would not apply when 
more frequent reporting is specifically required by a State or local 
agency. Two commenters supported retaining the quarterly reporting 
requirement only for continuous emissions monitoring (CEMs) and 
continuous opacity monitors (COMs), as such a requirement would allow 
response to emission problems in a timely manner.
    The EPA recognizes that some State and local agencies audit 
quarterly. States are not precluded from adopting more stringent 
requirements than the Federal regulations and are free to maintain 
quarterly reporting requirements for CEMs and COMs data. The semi-
annual reporting requirements comport with those under the part 70 and 
part 71 title V operating permit program regulations, which require 
monitoring, record keeping, and reporting sufficient to demonstrate 
compliance with applicable requirements under the Clean Air Act (Act).
    One of the commenters noted that Sec. 63.10(e)(3) already allows 
semi-annual reporting, but that the requirement is too restrictive. The 
commenter suggested that plants triggering quarterly reporting because 
of excess emissions only be subject to a 6-month period of quarterly 
reporting. If the 6 months expire with no further exceedances, the 
reporting schedule would automatically revert to semi-

[[Page 7459]]

annual reporting. While the commenter is correct that Sec. 63.10(e)(3) 
allows semi-annual reporting, paragraph (e)(3)(i)(C) modifies the 
requirement in the case where a source experiences excessive emissions. 
As explained in the proposal notice (61 FR 47844), the EPA's experience 
over the past ten years with a variety of NSPS and NESHAP rulemakings 
covering industries of all types suggests that semi-annual 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. 
Therefore, the EPA will finalize its proposal to remove 
Sec. 63.10(e)(3)(i)(C), which results in a reduction of the burden for 
those sources who would have otherwise been affected by its 
requirements.
2. Reduction in Retention of Sub-Hourly Data for CEMs
    In today's amendments, the EPA is finalizing the proposed changes 
to allow owners or operators the option to reduce record keeping 
requirements of sub-hourly data recorded by CEMs. Six commenters 
provided specific comments pertaining to these amendments (IV-D-01, IV-
D-02, IV-D-04, IV-D-08, IV-D-07, IV-D-10).
    Two commenters (IV-D-07, IV-D-10) supported the revisions that 
allow for the reduced data record keeping from 15-minute to hourly 
interval.
    Two other commenters (IV-D-02, IV-D-04) stated that the proposal 
would eliminate the regulatory authority's ability to determine if the 
hourly averages reflect the actual data readings. Additionally, one 
commenter (IV-D-02) requested EPA to revise the language concerning 
data availability to state that the 15-minute readings could be 
discarded except where a State or local agency requires retention of 
such data.
    Two commenters (IV-D-01, IV-01-08) opposed the EPA's proposal on 
the grounds that it adds a record keeping requirement, maintaining that 
the current regulations do not require retention of the 15-minute data 
averages. One (IV-D-01) further commented that CEMs do not typically 
save sub-hourly measurements, and that the revision would conflict with 
requirements in 40 CFR part 75. These commenters (IV-D-01, IV-01-08) 
were also concerned that the revision would create an additional cost 
burden by requiring expansion of data acquisition capabilities.
    The EPA has revised the proposed amendments to address compliance 
concerns raised by State agencies. In addition, the EPA believes that 
it is necessary to point out that these amendments provide an option to 
the owners or operator, and the requirement is not mandatory. For 
sources with CEMs that decide to comply with the record retention 
requirements as amended in today's rulemaking, the owner and operator 
maintains the burden of proof for hourly averages that the source 
claims is invalid. The owner or operator may not later assert that the 
hourly averages were based on invalid data, if the source did not 
previously identify the hour as including periods of monitor system 
breakdown, repair, calibration checks, and zero and span adjustments.
    With respect to the amendments, the EPA no longer requires that a 
source achieve 95% data availability in order to discard the sub-hourly 
measurements. The EPA decided to eliminate the data availability 
requirement based on the fact that the general provisions define a 
priority data availability of 100%, unless allowed otherwise within 
individual rules. Further, a demonstration of compliance with the 95% 
data availability threshold would require additional record keeping, 
running counter to the goal of burden reduction.
    The agency has restructured the final amendments to distinguish 
between automated and manual CEMs. This is because both systems have 
different ways (e.g., computerized versus manual) to reduce the data to 
the final form of the standard. The requirements provide record keeping 
reductions for both automated and manual CEMs, but differ in the record 
retention requirements depending on the type of CEMs. The basis for the 
difference is to allow an inspector to determine if the sub-hourly data 
is being properly reduced in both instances. In cases where the data 
reduction is automated, it is expected that data reduction procedures 
would not vary; hence, the Agency is only requiring the retention of 
sub-hourly measurements from the most recent three averaging periods, 
so as to allow a replicable check of the data reduction calculations. 
Where data is manually reduced, there is greater potential for 
variation between data reduction calculations; hence, it needs to be 
possible to confirm the accuracy of the periodic reports.
    The agency has added language that requires the hourly averages 
include periods of CEMs malfunction or breakdown, for sources wishing 
to delete the sub-hourly data. This restriction is necessary to ensure 
that data which indicates potential emission violations are not both 
excluded from the hourly average and then destroyed due to mis-
classification as a CEMs breakdown or malfunction. Since Sec. 60.13(h) 
allows sources to exclude data from the hourly average which was 
collected during periods of monitor malfunction, Sec. 60.13(h) has also 
been amended to reference the new provision at Sec. 60.7(f) which 
allows for disposal of raw data in limited circumstances.
    Finally a paragraph has been added to the final amendments to allow 
the Administrator or a delegated authority, such as the State or local 
agency, the ability to require an owner or operator to maintain all 
sub-hourly data, if the Administrator finds the data necessary to more 
accurately assess compliance.
    As discussed above, two commenters (IV-D-01, IV-01-08) asserted 
that the current regulations do not require the retention of 15-minute 
data averages. EPA disagrees with this these commenters. In fact, 
Sec. 63.10(b)(2)(vii) requires retention of all ``required measurements 
needed to achieve compliance with a relevant standard (including, but 
not limited to 15-minute averages of CMS data . . . ),'' which is 
consistent with the monitoring requirements laid out in Sec. 63.8. 
Similarly, Sec. 60.7(f) requires retention of all continuous monitoring 
system device measurements, which builds from the requirement in 
Sec. 60.13(e)(2) to measure and record data for each successive 15-
minute period.

B. 40 CFR Part 60, Subparts D, Da, Db, and Dc

    Several commenters supported the EPA's proposal to reduce reporting 
frequency for part 60 subparts D, Da, Db, and Dc boilers from quarterly 
to semi-annual. The EPA will implement the proposed changes with this 
document. In addition, the EPA has made other minor changes to related 
language in these subparts to clarify the semi-annual reporting 
requirements.
    One commenter further suggested that the EPA accept the semi-annual 
reporting requirement for steam generators that are subject to part 75 
(the acid rain program). This commenter explained that many units 
subject to subpart D are also subject to part 75, and would not benefit 
from the proposed revisions unless they were accepted for compliance 
with part 75 also. One commenter disagreed, preferring that both part 
75 and part 60 retain the quarterly reporting requirement. This 
commenter stated that the quarterly data are used to determine 
continuous compliance, and the change would not reduce the reporting 
burden on sources.
    One commenter suggested that the EPA could further reduce the 
regulatory

[[Page 7460]]

burden for subpart Dc boilers by eliminating the reporting requirement 
in Secs. 60.48c(f)(1) and 60.48c(e)(11) regarding fuel supplier 
certification, and allowing record keeping to document compliance. This 
commenter said that the record keeping provisions in Sec. 60.48c(e)(11) 
should also be simplified to allow the affected facility to maintain 
records that the supplier is contractually obligated to provide fuel 
oil.
    Revisions to part 75 are not within the scope of this rulemaking. 
However, the EPA will consider whether part 75 should be amended to 
require semi-annual, rather than quarterly, reporting in future 
rulemakings. States are not precluded from adopting more stringent 
requirements than the Federal regulations and are free to maintain 
quarterly reporting requirements for any CEMs or COMs data that may be 
required under parts 60, 61, and 63. The EPA will also consider the 
proposal to replace the reporting requirements in Secs. 60.48c(f)(1) 
and 60.48c(e)(11) with record keeping requirements in future 
rulemakings.

C. 40 CFR Part 60, Subpart Ea

    One commenter opposed changing the reporting requirements for 
municipal waste combustors from quarterly to semi-annual because these 
sources may potentially be opt-in units subject to the part 75 
regulations, which require quarterly reporting. This commenter reasoned 
that acid rain municipal waste combustors are controversial sources 
that the public perceives as an environmental problem, and that the 
change would not reduce the reporting burden.
    The Agency recognizes that State and local agencies may elect to be 
more stringent than the Federal regulations and require quarterly 
reporting for identified source categories such as municipal waste 
combustors. However, the EPA does not believe that any changes from the 
proposed rule are needed, in this case. The EPA has made minor wording 
changes to the final language to clarify the reporting requirements for 
affected sources.

D. 40 CFR Part 51, Subpart Q

    Two commenters opposed the EPA's proposal to raise the emission 
reporting threshold from 100 to 200 tons per year (tpy). Both 
commenters indicated that a higher threshold would not reduce the 
source reporting burden, as the 100 tpy threshold information would 
still be required by the States to determine whether other Clean Air 
Act programs would apply.
    The EPA did not propose the change to reduce the amount of 
information collected by the States. The Agency recognizes that the 
States gather this information to support their own planning and 
permitting purposes and do not gather this information in response to 
this rule. The proposed change focuses on reducing the amount of the 
information that States transfer to the EPA (and the burden that 
results from this transfer of information).
    One commenter suggested that the EPA should revamp the entire 
subpart. The commenter identified four ways in which the Agency should 
revise the regulation: (1) Allow an additional six months for 
facilities to provide information to the States and for the States to 
then enter the data into their system for transferral to the Aerometric 
Information Retrieval System (AIRS); (2) Decrease the reporting of data 
items; (3) Update the users' manuals and forms for data submittal; and 
(4) Delete the requirement for HATREMS in Sec. 51.323, as it no longer 
exists.
    In general, the purpose of the proposed change is directed at 
reducing the burden that results from the States transmitting data to 
the EPA. The burden on industry to report this data to the States does 
not result from this rule. States require their industries to report 
such information for the States' own planning and permitting purposes. 
The EPA also considered the specific suggestions raised by the 
commenters. During recent discussions in a joint EPA/State and local 
work group, State and local representatives (STAPPA/ALAPCO) agreed that 
a 6-month schedule made sense and was feasible even if extending the 
time period is contrary to the need for timely emissions data. Second, 
the rule does not require most of the data items supported by AIRS; 
however, AIRS includes these data items at the request of State and 
local agencies to support their own program needs. Reporting additional 
data items is completely voluntary. Third, the EPA has acknowledged the 
need for updating Sec. 51.323 as part of the burden reduction exercise 
and has done so in the final amendments. Finally, the Agency agrees 
with the need for removing any reference to HATREMS; however, the 
Agency views moving data reporting to the facility level as 
inappropriate because of the limited usefulness of such data.

E. 40 CFR Part 60, Subpart AAA

    As part of the record keeping and reporting burden reduction 
initiative, the Agency proposed to revise part 60, subpart AAA--NSPS; 
New Residential Wood Heaters. The proposed revisions included editorial 
changes for two provisions of the rule, and deletion of the entire 
prohibitions section.
    Written comments on the proposed changes to the wood heater NSPS 
were submitted by the Hearth Products Association (HPA), which had no 
objection to the two proposed editorial changes. However, they did 
object to changes to the prohibitions section of the rule. The HPA's 
comments regarding changes to the prohibitions section and the Agency's 
response to those comments are addressed in a separate Federal Register 
notice (see Docket #A-95-50 IV-E-01 and 02).
    After reviewing the comments received, the Agency is proceeding 
with the editorial changes. These modifications to the rule will make 
it easier to understand as well as administer; thereby, reducing the 
resources needed to achieve compliance with the rule. However, the 
Agency has decided to revise Sec. 60.538, Prohibitions, in a separate 
Federal Register notice (see Docket #A-95-50 IV-E-01 and 02).

F. 40 CFR Part 61, Subpart F

    As part of the record keeping and reporting burden reduction 
initiative, the Agency solicited comment on the concept of removing the 
requirement for the fixed-point monitoring system and associated record 
keeping from the vinyl chloride standard.
    Written comments explained that area monitoring requirements in the 
vinyl chloride NESHAP rule should be eliminated because they are 
duplicative of and less effective than instrumental monitoring; that 
computerized leak detecting systems or other similar devices would be 
more effective in identifying major releases; that the Hazardous 
Organic NESHAP (HON) rule applies to all facilities subject to the 
vinyl chloride NESHAP and supersedes that rule; and that area 
monitoring is extremely costly. The commenter requested that the EPA 
consider replacing the area monitoring program with the use of the Leak 
Detection and Repair (LDAR) program.
    The EPA agrees that a continuous area monitoring program has 
significant costs, and that the area monitoring program is less 
effective in detecting leaking equipment than a leak detection and 
repair program using instrumental monitoring. The EPA disagrees with 
the comment regarding the Hazardous Organic NESHAP (HON) applying to 
all facilities subject to the vinyl chloride NESHAP. The HON leak 
detection and repair program applies to operations which produce 
ethylene dichloride (EDC) and vinyl chloride monomer (VCM) as primary 
products, but does not apply to polyvinyl chloride or

[[Page 7461]]

copolymers production. And, the HON does not supersede the area 
monitoring requirements of the vinyl chloride NESHAP. The EPA regards 
the area monitoring role as distinctly different than that of a leak 
detection program, although at times the area monitoring is a helpful 
indicator when leaks exist. The EPA regards continuous area monitoring 
as the most reliable way to quickly detect major releases from process 
equipment including but not limited to leaking equipment. The EPA is 
open to innovative ways to achieve the same result in a less costly 
way. In recent cases, process related releases have occurred that would 
have been unnoticed by leak detection and repair procedures, and would 
have gone undetected for extended periods had it not been for an area 
monitoring program. These types of releases can be extremely harmful to 
human health and the environment, and the liability for these releases 
could be far more costly than the area monitoring requirements. For 
these reasons the EPA does not intend to make any change to the area 
monitoring requirements at this time.

G. Additional Burden Reductions

    Suggestions for additional burden reduction included: (1) merging 
the part 60 reporting requirements with the emission inventory 
requirements to create a single coordinated set of requirements; (2) 
allowing the title V permitting authority to exempt area sources of 
hazardous air pollutants (HAP) from the startup, shutdown, and 
malfunction plan required under Sec. 63.10(d)(5)(i) and (ii); (3) 
eliminating Sec. 50.145(a)(2), as notifications of otherwise unrelated 
activities are good candidates for deletion; and (4) Eliminating all 
routine reports of compliance information under parts 60, 61, and 63 
for sources that have title V permits.
    One commenter requested that the EPA reduce the vinyl chloride 
NESHAP reporting requirement from quarterly to semi-annual.
    One commenter explained in detail why the incidental wood furniture 
manufacturing requirements were onerous, and proposed three solutions 
to remedy the problems with the record keeping requirements of the 
rule: (1) eliminate the record keeping requirements for incidental wood 
manufacturers; (2) limit the record keeping requirement to incidental 
wood furniture manufacturers who make furniture for commercial sale; or 
(3) replace the record keeping requirements with a one-time 
certification that the facility does not use more than 100 gallons per 
month in manufacturing wood furniture. The commenter recommended the 
second approach, and suggested revisions to the language at 
Sec. 63.800(a) to implement the change.
    The EPA is committed to reducing regulatory burden. The Agency 
appreciates the positive response to its proposals, and will continue 
to seek ways to minimize record keeping and reporting requirements in 
future rulemakings.

II. Administrative Requirements

A. Docket

    The docket for this rulemaking is A-95-50. The docket is an 
organized and complete file of all the information submitted to or 
otherwise considered by the EPA in the development of this rulemaking. 
The principle purposes of the docket are: (1) to allow interested 
parties a means to identify and locate documents so that they can 
effectively participate in the rulemaking process; and (2) to serve as 
the record in case of judicial review (except for interagency review 
materials) (Section 307(d)(7)(A) of the Act). The docket is available 
for public inspection at the EPA's Air and Radiation Docket and 
Information Center, the location of which is given in the ADDRESSES 
section of this document.

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 that are the subject of today's 
document 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, the EPA has determined 
that it is not necessary to prepare a regulatory flexibility analysis 
in connection with this action 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, the EPA certifies that this rule 
will not have a significant impact on a substantial number of small 
entities.

C. Paperwork Reduction Act

    The revisions to existing standards are intended to reduce existing 
record keeping and reporting requirements. In the proposal notice (61 
FR 47840), the EPA explained the changes, identified who would be 
affected by the changes, and estimated the reductions associated with 
each change. The EPA also requested comment on all aspects of the 
paperwork burden reductions, including the number of affected entities 
and estimate of burden reduction. Comments on the proposed rule 
revisions were generally favorable, and acknowledged the burden 
reduction that would occur due to the proposed changes. Although there 
were no quantitative estimates of burden reduction, public comments in 
particular recognized the burden reduction that would occur as a result 
of the changes from quarterly to semi-annual reporting and of deleting 
notification of the anticipated date of initial startup. There were no 
public comments on the EPA's numerical estimates of burden reduction in 
the proposal (61 FR 47841). As the result of EPA's analysis of the 
public comments received on technical aspects of the proposed changes, 
the EPA is making only minor, insignificant changes to the proposed 
rule in the promulgated version of the revisions. Therefore, the EPA's 
original estimate of the record keeping and reporting burden due to the 
revisions remains unchanged from proposal.

D. National Technology Transfer and Advancement Act

    Under Section 12 of the National Technology Transfer and 
Advancement Act of 1995, the EPA must consider the use of ``voluntary 
consensus standards,'' if available and applicable, when implementing 
policies and programs, unless it would be ``inconsistent with 
applicable law or otherwise impractical.'' The intent of the National 
Technology Transfer and Advancement Act is to reduce the costs to the 
private and public sectors by requiring federal agencies to draw upon 
any existing, suitable technical standards used in commerce or 
industry.
    A ``voluntary consensus standard'' is a technical standard 
developed or adopted by a legitimate standards-developing organization. 
The Act defines ``technical standards'' as ``performance-based or 
design-specific technical specifications and related management systems 
practices.'' A legitimate standards-developing organization must 
produce standards by consensus and observe principles of due process, 
openness, and balance of interests. Examples of organizations that are 
regarded as legitimate standards-developing organizations include the 
American Society for Testing and

[[Page 7462]]

Materials (ASTM), International Organization for Standardization (ISO), 
International Electrotechnical Commission (IEC), American Petroleum 
Institute (API), National Fire Protection Association (NFPA) and 
Society of Automotive Engineers (SAE).
    Since today's action does not involve the establishment or 
modification of technical standards, the requirements of the National 
Technology Transfer and Advancement Act do not apply.

E. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), applies to any rule that (1) OMB determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) EPA 
determines the environmental health or safety risk addressed by the 
rule has a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety aspects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    These regulatory revisions are not subject to the Executive Order 
because it is not economically significant as defined in E.O. 12866, 
and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

F. Executive Order 13084--Consultation and Coordination with Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. These rule revisions impose 
no enforceable duties on these entities. Rather, these rule revisions 
reduce burdens associated with certain regulatory requirements. 
Accordingly, the requirements of section 3(b) of Executive Order 13084 
do not apply to this rule.

G. Executive Order 12875: Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule changes do not create a mandate on State, local or 
tribal governments. The rule changes do not impose any enforceable 
duties on these entities. Rather, the rule changes reduce recordkeeping 
and reporting burden for certain regulatory requirements. Accordingly, 
the requirements of section 1(a) of Executive Order 12875 do not apply 
to this rule.

H. 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 affect, the agecy 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. 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 action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be 
effective April 13, 1999.

    Statutory Authority: The statutory authority for this action 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: February 4, 1999.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble title 40, chapter I of the 
Code of Federal Regulations is 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, PM10, 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

[[Page 7463]]

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.
* * * * *
    3. Section 51.323 is amended by removing and reserving paragraph 
(a)(2) and revising paragraphs (a)(1), (a)(3), and (b) to read as 
follows:


Sec. 51.323  Reportable emissions data and information.

    (a) * * *
    (1) Emissions of particulate matter (PM10), sulfur oxides, carbon 
monoxide, nitrogen oxides, VOC and lead or lead compounds measured as 
elemental lead as specified by the AIRS Facility Subsystem User's Guide 
AF2 ``AFS Data Coding'' (EPA-454/B-94-004) point source coding form,
    (2) [Reserved].
    (3) Emissions of PM 2.5 as will be specified in a future guideline.
    (b) Such emissions data and information specified in paragraph (a) 
of this section must be submitted to the AIRS/AFS database via either 
online data entry or batch update system.
* * * * *

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 and (c) 
introductory text, the last sentence of paragraph (f), and adding 
paragraphs (f)(1), (f)(2), and (f)(3) 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 is necessary to accurately assess the compliance status of 
the source. All reports shall be postmarked by the 30th day following 
the end of each six-month period. Written reports of excess emissions 
shall include the following information:
* * * * *
    (f) * * * The file shall be retained for at least two years 
following the date of such measurements, maintenance, reports, and 
records, except as follows;
    (1) This paragraph applies to owners or operators required to 
install a continuous emissions monitoring system (CEMS) where the CEMS 
installed is automated, and where the calculated data averages do not 
exclude periods of CEMS breakdown or malfunction. An automated CEMS 
records and reduces the measured data to the form of the pollutant 
emission standard through the use of a computerized data acquisition 
system. In lieu of maintaining a file of all CEMS subhourly 
measurements as required under paragraph (f) of this section, the owner 
or operator shall retain the most recent consecutive three averaging 
periods of subhourly measurements and a file that contains a hard copy 
of the data acquisition system algorithm used to reduce the measured 
data into the reportable form of the standard.
    (2) This paragraph applies to owners or operators required to 
install a CEMS where the measured data is manually reduced to obtain 
the reportable form of the standard, and where the calculated data 
averages do not exclude periods of CEMS breakdown or malfunction. In 
lieu of maintaining a file of all CEMS subhourly measurements as 
required under paragraph (f) of this section, the owner or operator 
shall retain all subhourly measurements for the most recent reporting 
period. The subhourly measurements shall be retained for 120 days from 
the date of the most recent summary or excess emission report submitted 
to the Administrator.
    (3) The Administrator or delegated authority, upon notification to 
the source, may require the owner or operator to maintain all 
measurements as required by paragraph (f) of this section, if the 
Administrator or the delegated authority determines these records are 
required to more accurately assess the compliance status of the 
affected source.
* * * * *
    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 (or delegated State or local agency) 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 (or delegated 
State or local agency) by mutual agreement.
* * * * *
    3A. Section 60.13 is amended by revising the fourth sentence in 
paragraph (h) to read as follows:


Sec. 60.13  Monitoring requirements.

* * * * *
    (h) * * *Data recorded during periods of continuous system 
breakdown, repair, calibration checks, and zero and span adjustments 
shall not be included in the data averages computed under this 
paragraph. For owners and operators complying with the requirements in 
Sec. 60.7(f) (1) or (2), data averages must include any data recorded 
during periods of monitor breakdown or malfunction. * * *
* * * * *
    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

[[Page 7464]]

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.
* * * * *

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) 
introductory text, (n)(1), (n)(2), (q) introductory text, (q)(2), 
(q)(3), (r), and (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 combusts 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 reports 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 reports.
    (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) If a percent removal efficiency by fuel pretreatment (i.e., % 
Rf) is used to determine the overall percent reduction 
(i.e., % Ro) under Sec. 60.45b, the owner or operator of the 
affected facility shall submit a signed statement with the report.
    (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 pre-treated 
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.

[[Page 7465]]

Subpart Dc--[Amended]

    8. Section 60.48c is amended by revising paragraphs (c), (d), (e) 
introductory text, (e)(2), (e)(3), 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.
    (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 applicable.
* * * * *
    (2) Each 30-day average SO2 emission rate (nj/J or lb/
million Btu), or 30-day average sulfur content (weight percent), 
calculated during the reporting period, ending with the last 30-day 
period; reasons for any noncompliance with the emission standards; and 
a description of corrective actions taken.
    (3) Each 30-day average percent of potential SO2 
emission rate calculated during the reporting period, ending with the 
last 30-day period; reasons for any noncompliance with the emission 
standards; and a description of the corrective actions taken.
* * * * *
    (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. The owner or operator of an affected 
facility must submit reports semiannually once the affected facility is 
subject to permitting requirements under Title V of the Act.
    (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 list the percent of 
the affected facility operating time for the reporting period 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, which exceeded the 
opacity limit.
    (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 paragraphs (e) and (f) of this section, or within six 
months of the date the test was conducted, whichever is earlier.
    (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

[[Page 7466]]

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 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 paragraphs (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 non-vapor-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, wood burning 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 chamber 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.

* * * * *

[[Page 7467]]

    (f) * * *
    (3) If an appliance is a coal-only heater as defined in 
Sec. 60.530, the following statement shall appear on the permanent 
label:

U.S. Environmental 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.
* * * * *

Subpart SSS--[Amended]

    17. 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.
* * * * *
    18. Section 60.717 is amended by revising paragraphs (c) and (d) 
introductory text, to read as follows:


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]

    2. Section 61.04 is amended by revising paragraph (b) introductory 
text to read as follows:


Sec. 61.04  Address.

* * * * *
    (b) Section 112(d) of the Act 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 
paragraph (j)(3); re-designating paragraph (i)(1)(iv) as paragraph 
(i)(1)(ii); re-designating paragraph (i)(1)(v) as paragraph (i)(1)(iv); 
and revising newly designated paragraph (i)(1)(ii), and paragraphs 
(j)(2) introductory text, and (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) * * *
    (ii) For each carbon absorber, 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 
changes 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. 61.163  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.


[[Page 7468]]



Subpart A--[Amended]

    2. Section 63.8 is amended by adding the last sentence in paragraph 
(g)(5) to read as follows:


Sec. 63.8  Monitoring requirements.

* * * * *
    (g) * * *
    (5) * * * For owners or operators complying with the requirements 
of Sec. 63.10(b)(2)(vii) (A) or (B), data averages must include any 
data recorded during periods of monitor breakdown or malfunction.


Sec. 63.9  [Amended]

    3. Section 63.9 is amended by removing and reserving paragraph 
(b)(4)(iv).
    4. Section 63.10 is amended by adding paragraphs (b)(2)(vii)(A), 
(b)(2)(vii)(B), and (b)(2)(vii)(C) and removing and reserving paragraph 
(e)(3)(i)(C) to read as follows:


Sec. 63.10  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (2) * * *
    (vii) * * *
    (A) This paragraph applies to owners or operators required to 
install a continuous emissions monitoring system (CEMS) where the CEMS 
installed is automated, and where the calculated data averages do not 
exclude periods of CEMS breakdown or malfunction. An automated CEMS 
records and reduces the measured data to the form of the pollutant 
emission standard through the use of a computerized data acquisition 
system. In lieu of maintaining a file of all CEMS subhourly 
measurements as required under paragraph (b)(2)(vii) of this section, 
the owner or operator shall retain the most recent consecutive three 
averaging periods of subhourly measurements and a file that contains a 
hard copy of the data acquisition system algorithm used to reduce the 
measured data into the reportable form of the standard.
    (B) This paragraph applies to owners or operators required to 
install a CEMS where the measured data is manually reduced to obtain 
the reportable form of the standard, and where the calculated data 
averages do not exclude periods of CEMS breakdown or malfunction. In 
lieu of maintaining a file of all CEMS subhourly measurements as 
required under paragraph (b)(2)(vii) of this section, the owner or 
operator shall retain all subhourly measurements for the most recent 
reporting period. The subhourly measurements shall be retained for 120 
days from the date of the most recent summary or excess emission report 
submitted to the Administrator.
    (C) The Administrator or delegated authority, upon notification to 
the source, may require the owner or operator to maintain all 
measurements as required by paragraph (b)(2)(vii), if the administrator 
or the delegated authority determines these records are required to 
more accurately assess the compliance status of the affected source.
* * * * *
[FR Doc. 99-3252 Filed 2-11-99; 8:45 am]
BILLING CODE 6560-50-P