[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Proposed Rules]
[Pages 15674-15706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7095]



[[Page 15673]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Organic 
Liquids Distribution (Non-Gasoline); Proposed Rule

  Federal Register / Vol. 67 , No. 63 / Tuesday, April 2, 2002 / 
Proposed Rules  

[[Page 15674]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7163-4]
RIN 2060-AH41


National Emission Standards for Hazardous Air Pollutants: Organic 
Liquids Distribution (Non-Gasoline)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes national emission standards for hazardous 
air pollutants (NESHAP) for organic liquids distribution (OLD) (non-
gasoline) operations, which are carried out at storage terminals, 
refineries, crude oil pipeline stations, and various manufacturing 
facilities. These proposed standards would implement section 112(d) of 
the Clean Air Act (CAA) by requiring all OLD operations at plant sites 
that are major sources to meet hazardous air pollutant (HAP) emission 
standards reflecting the application of the maximum achievable control 
technology (MACT).
    The EPA estimates that approximately 70,200 megagrams per year (Mg/
yr) (77,300 tons per year (tpy)) of HAP are emitted from facilities in 
this source category. Although a large number of organic HAP are 
emitted nationwide from these operations, benzene, ethylbenzene, 
toluene, vinyl chloride, and xylenes are among the most prevalent. 
These HAP have been shown to have a variety of carcinogenic and 
noncancer adverse health effects.
    The EPA estimates that these proposed standards would result in the 
reduction of HAP emissions from major sources in the OLD source 
category by 28 percent. The emissions reductions achieved by these 
proposed standards, when combined with the emissions reductions 
achieved by other similar standards, would provide protection to the 
public and achieve a primary goal of the CAA.

DATES: Comments. Submit comments on or before June 3, 2002.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by April 22, 2002, a public hearing will be held on May 
2, 2002.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-98-13, U.S. EPA, 1200 
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier, 
deliver comments (in duplicate if possible) to: Air and Radiation 
Docket and Information Center (6102), Attention Docket Number A-98-13, 
U.S. EPA, 401 M Street, SW, Washington DC 20460. The EPA requests that 
a separate copy also be sent to the contact person listed below (see 
FOR FURTHER INFORMATION CONTACT).
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. in the EPA's Office of Administration Auditorium, Research 
Triangle Park, North Carolina, or at an alternate site nearby.
    Docket. Docket No. A-98-13 contains supporting information used in 
developing the standards. The docket is located at the U.S. EPA, 401 M 
Street, SW, Washington, DC 20460, in Room M-1500, Waterside Mall 
(ground floor), and may be inspected from 8:30 a.m. to 5:30 p.m., 
Monday through Friday, except for legal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Martha Smith, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. EPA, 
Research Triangle Park, NC 27711; phone (919) 541-2421, e-mail 
``[email protected].''

SUPPLEMENTARY INFORMATION:
    Comments. Comments and data may be submitted by electronic mail (e-
mail) to: [email protected]. Electronic comments must be submitted 
as an ASCII file to avoid the use of special characters and encryption 
problems. Comments will also be accepted on disks in 
WordPerfect Corel 8 file format. All comments and data 
submitted in electronic form must note the docket number: A-98-13. No 
confidential business information (CBI) should be submitted by e-mail. 
Electronic comments may be filed online at many Federal Depository 
libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Attention: OAQPS Document Control 
Officer, Attn: Ms. Martha Smith, U.S. EPA, 411 W. Chapel Hill Street, 
Room 740B, Durham, NC 27701. The EPA will disclose information 
identified as CBI only to the extent allowed by the procedures set 
forth in 40 CFR part 2. If no claim of confidentiality accompanies a 
submission when it is received by the EPA, the information may be made 
available to the public without further notice to the commenter.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
JoLynn Collins of the EPA at (919) 541-5671 at least 2 days in advance 
of the public hearing. Persons interested in attending the public 
hearing must also call Ms. Collins to verify the time, date, and 
location of the hearing. The public hearing will provide interested 
parties the opportunity to present data, views, or arguments concerning 
these proposed emission standards.
    Docket. The docket is an organized and complete file of all the 
information considered by the EPA in the development of this 
rulemaking. The docket is a dynamic file because material is added 
throughout the rulemaking process. The docketing system is intended to 
allow members of the public and industries involved to readily identify 
and locate documents so that they can effectively participate in the 
rulemaking process. Along with the proposed and promulgated standards 
and their preambles, the contents of the docket will serve as the 
record in the case of judicial review. (See section 307(d)(7)(A) of the 
CAA.) The regulatory text and other materials related to this 
rulemaking are available for review in the docket, or copies may be 
mailed on request from the Air Docket by calling (202) 260-7548. A 
reasonable fee may be charged for copying docket materials.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule is also available on the WWW 
through the Technology Transfer Network (TTN). The TTN provides 
information and technology exchange in various areas of air pollution 
control. Following signature, a copy of the rule will be posted on the 
TTN's policy and guidance page for newly proposed or promulgated rules: 
http://www.epa.gov/ttn/oarpg. If more information regarding the TTN is 
needed, call the TTN HELP line at (919) 541-5384.
    Title Change. For purposes of this proposed rule, the title has 
been changed to ``National Emission Standards for Hazardous Air 
Pollutants: Organic Liquids Distribution (non-Gasoline)'' to better 
describe the affected population. The source category list and 
regulatory agenda will be amended to reflect this name change in a 
separate action.
    Background Information. The background information for the proposed 
standards is not contained in a formal background information

[[Page 15675]]

document (BID). Instead, we have prepared technical memoranda covering 
the following topic areas:
     Industry description.
     Model OLD plants.
     Industry baseline emissions.
     Emission control options.
     MACT floor determination.
     Environmental, energy, and cost impacts.
     Economic impacts.

These memos have been combined into a technical support document (TSD), 
which is included in Docket No. A-98-13.
    In addition, there are several other memos that discuss individual 
issues, such as selection of the affected organic HAP and the minimum 
HAP cutoff defining the affected organic liquids. Each of these 
technical memos has also been placed in Docket No. A-98-13.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

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                Category                      SIC *           NAICS *          Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry...............................  2821            325211             Operations at major sources that
                                         2865            325192              transfer organic liquids into or
                                         2869            325188              out of the plant site, including:
                                         2911            32411               liquid storage terminals, crude oil
                                         4226            49311               pipeline stations, petroleum
                                         4612            49319               refineries, chemical manufacturing
                                         5169            48611               facilities, and other manufacturing
                                         5171            42269               facilities with collocated OLD
                                                         42271               operations.
Federal Government.....................  ..............  .................  Federal agency facilities that
                                                                             operate any of the types of
                                                                             entities listed under the
                                                                             ``industry'' category in this
                                                                             table.
----------------------------------------------------------------------------------------------------------------
*Considered to be the primary industrial codes for the plant sites with OLD operations, but the list is not
  necessarily exhaustive.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility would be regulated by this 
action, you should examine the applicability criteria in Sec. 63.2334 
of the proposed rule. If you have any questions regarding the 
applicability of this proposed action to a particular entity, consult 
the person listed in the preceding FOR FURTHER INFORMATION CONTACT 
section or your EPA regional representative as listed in Sec. 63.13 of 
40 CFR part 63, subpart A (General Provisions).
    Outline. The following outline is provided to assist you in reading 
this preamble.

I. Background
    A. How would this rule relate to other EPA regulatory actions?
    B. What is the source of authority for development of NESHAP?
    C. What criteria are used in the development of NESHAP?
    D. What are the potential health effects associated with HAP 
emitted from OLD operations?
II. Summary of the Proposed Rule
    A. What source category would be affected by the proposed 
NESHAP?
    B. What are the primary sources of emissions and what are the 
emissions?
    C. What would be the affected source?
    D. What would be the emission limits, operating limits, and 
other standards?
    E. What would be the testing and initial compliance 
requirements?
    F. What would be the continuous compliance provisions?
    G. What would be the notification, recordkeeping, and reporting 
requirements?
III. Rationale for Selecting the Proposed Standards
    A. How did we select the source category?
    B. How did we select the proposed pollutants to be regulated?
    C. How did we select the proposed affected source?
    D. How did we determine the basis and level of the proposed 
standards for existing and new sources?
    E. How did we select the format of the proposed standards?
    F. How did we select the proposed testing and initial compliance 
requirements?
    G. How did we select the proposed continuous compliance 
requirements?
    H. How did we select the proposed notification, recordkeeping, 
and reporting requirements?
IV. Summary of Environmental, Energy, and Economic Impacts
    A. What are the air quality impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the nonair quality health, environmental, and energy 
impacts?
V. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045, Protection of Children from 
Environmental Health Risks and Safety Risks
    E. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    F. Unfunded Mandates Reform Act of 1995
    G. Regulatory Flexibility Act (RFA) as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et seq.
    H. Paperwork Reduction Act
    I. National Technology Transfer and Advancement Act

I. Background

A. How Would This Rule Relate to Other EPA Regulatory Actions?

    Owners and operators of plant sites which contain organic liquids 
distribution activities that are potentially subject to these proposed 
standards for OLD operations may also be subject to other NESHAP 
because of other activities that take place on the same plant site. 
Some tank farms are used to store and transfer organic liquids onto or 
off a synthetic organic chemical manufacturing industry (SOCMI) plant 
site that is subject to 40 CFR part 63, subparts F, G, and H--National 
Emission Standards for Organic Hazardous Air Pollutants from the 
Synthetic Organic Chemical Manufacturing Industry (commonly referred to 
as the hazardous organic NESHAP, or ``HON''). Distribution of crude oil 
or other organic liquids at a petroleum refinery subject to 40 CFR part 
63, subpart CC--National Emission Standards for Hazardous Air 
Pollutants from Petroleum Refineries (the Refinery NESHAP), may also 
come under OLD NESHAP coverage. Finally, bulk gasoline terminals 
subject to 40 CFR part 63, subpart R--National Emission Standards for 
Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline 
Breakout Stations) may distribute non-gasoline organic liquids through 
dedicated equipment which would fall under these proposed OLD 
standards. At plant sites subject to both the proposed OLD standards 
and another NESHAP, the OLD NESHAP, when finalized, would apply only to 
the specific equipment and activities that are related directly to the 
distribution of

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affected non-gasoline organic liquids (which includes liquids moved 
either onto or off the site).
    Some existing NESHAP may already regulate, and some NESHAP under 
development may intend to regulate, equipment used to distribute 
organic liquids (e.g., certain storage tanks or transfer racks at 
chemical production facilities subject to the HON). To avoid overlap of 
requirements in these cases, the OLD NESHAP would not apply to any OLD 
emission source already complying with control provisions under another 
part 63 NESHAP. For other applicable NESHAP that are not yet final and 
which potentially would apply to OLD equipment, the NESHAP that have 
the earliest compliance date would apply. One NESHAP, 40 CFR part 63, 
subpart FFFF, the Miscellaneous Organic Chemical Production and 
Processes NESHAP (MON), is being developed concurrently with the OLD 
NESHAP, and potentially will regulate certain organic liquid 
distribution sources (i.e., storage tanks, transfer racks, and 
equipment leaks) located at MON facility plant sites. For all such 
distribution sources at MON facilities, the OLD NESHAP would defer to 
the MON and would not apply to any of those sources.
    The Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq., 
Public Law 101-508, November 5, 1990) establishes the national policy 
of the United States for pollution prevention. This Act declares that: 
(1) Pollution should be prevented or reduced whenever feasible; (2) 
pollution that cannot be prevented or reduced should be recycled or 
reused in an environmentally-safe manner wherever feasible; (3) 
pollution that cannot be recycled or reused should be treated; and (4) 
disposal or release into the atmosphere should be chosen only as a last 
resort.
    The OLD operations covered by these proposed standards distribute 
organic liquids that are often manufactured and consumed by other 
parties. Thus, two of the most common approaches for preventing 
pollution (product reformulation or substituting less polluting 
products) are not available to these facilities. Similarly, these 
facilities cannot use recycling or reuse as a way of limiting the 
amount of these liquids that they handle. However, the proposed 
equipment and work practice standards would prevent pollution from two 
of the principal emission sources in OLD operations. For storage tanks, 
we expect floating roofs to be used as a common alternative to add-on 
control technologies. For leaks from equipment such as pumps or valves, 
the required leak detection and repair program also would prevent 
pollution at the source without the need for add-on control equipment. 
The EPA is considering whether there are any pollution prevention 
measures that could be specified as alternatives to the control 
approaches in the proposed standards. We are specifically requesting 
comments from the public on ways that additional pollution prevention 
measures could be applied at OLD operations facilities.

B. What Is the Source of Authority for Development of NESHAP?

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and area sources of HAP, and to 
establish NESHAP for the listed source categories and subcategories. 
The category of major sources covered by today's proposed NESHAP was on 
our initial list of HAP emission source categories as published in the 
Federal Register on July 16, 1992 (57 FR 31576). Major sources of HAP 
are those that have the potential to emit 10 tons/yr or more of any one 
HAP or 25 tons/yr or more of any combination of HAP.

C. What Criteria Are Used in the Development of NESHAP?

    Section 112 of the CAA requires that we establish NESHAP for the 
control of HAP from both new and existing major sources. The CAA 
requires the NESHAP to reflect the maximum degree of reduction in 
emissions of HAP that is achievable. This level of control is commonly 
referred to as the maximum achievable control technology (MACT).
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. In essence, the MACT 
floor ensures that the standard is set at a level that assures that all 
major sources achieve the level of control at least as stringent as 
that already achieved by the better-controlled and lower-emitting 
sources in each source category or subcategory. For new sources, the 
MACT floor cannot be less stringent than the emission control that is 
achieved in practice by the best-controlled similar source. The MACT 
standards for existing sources can be less stringent than standards for 
new sources, but they cannot be less stringent than the average 
emission limitation achieved by the best-performing 12 percent of 
existing sources in the category or subcategory (or the best-performing 
5 sources for categories or subcategories with fewer than 30 sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. We may establish standards more stringent 
than the floor based on consideration of the cost of achieving the 
emissions reductions, any health and environmental impacts, and energy 
requirements.

D. What Are the Potential Health Effects Associated With HAP Emitted 
From OLD Operations?

    The type of adverse health effects associated with HAP emitted by 
this source category can range from mild to severe. The extent and 
degree to which health effects may be experienced is dependent upon: 
(1) The ambient concentrations observed in the area; (2) duration and 
frequency of exposures; and (3) characteristics of exposed individuals 
(e.g., genetics, age, preexisting health conditions, and lifestyle) 
which vary greatly within the population. Some of these factors are 
also influenced by source-specific characteristics (e.g., emission 
rates, release heights, and local weather conditions) as well as 
pollutant-specific characteristics such as toxicity. The following is a 
summary of the potential health effects associated with exposure to 
some of the primary HAP emitted from OLD operations.
    Benzene. Acute (short-term) inhalation exposure of humans to 
benzene may cause drowsiness, dizziness, and headaches, as well as eye, 
skin, and respiratory tract irritation, and, at high levels, 
unconsciousness. Chronic (long-term) inhalation exposure has caused 
various disorders in the blood, including reduced numbers of red blood 
cells and aplastic anemia, in occupational settings. Reproductive 
effects have been reported for women exposed by inhalation to high 
levels, and adverse effects on the developing fetus have been observed 
in animal tests. Increased incidence of leukemia (cancer of the tissues 
that form white blood cells) has been observed in humans occupationally 
exposed to benzene. The EPA has classified benzene as a Group A, known 
human carcinogen.
    Ethylbenzene. Acute exposure to ethylbenzene in humans results in 
respiratory effects such as throat irritation and chest constriction, 
irritation of the eyes, and neurological effects such as dizziness. 
Chronic exposure to ethylbenzene by inhalation in humans has shown 
conflicting results regarding its effects on the blood. Animal studies 
have reported effects on the blood, liver, and kidneys from chronic 
inhalation exposures. No information is available on the developmental 
or reproductive effects of ethylbenzene in humans, but animal

[[Page 15677]]

studies have reported developmental effects, including birth defects in 
animals exposed via inhalation. The EPA has classified ethylbenzene in 
Group D, not classifiable as to human carcinogenicity.
    Toluene. Humans exposed to toluene for short periods may experience 
irregular heartbeat and effects on the central nervous system (CNS) 
such as fatigue, sleepiness, headaches, and nausea. Repeated exposure 
to high concentrations may induce loss of coordination, tremors, 
decreased brain size, and involuntary eye movements, and may impair 
speech, hearing, and vision. Chronic exposure to toluene in humans has 
also been indicated to irritate the skin, eyes, and respiratory tract, 
and to cause dizziness, headaches, and difficulty with sleep. Children 
exposed to toluene before birth may suffer CNS dysfunction, attention 
deficits, and minor face and limb defects. Inhalation of toluene by 
pregnant women may increase the risk of spontaneous abortion. The EPA 
has developed a reference concentration of 0.4 milligrams per cubic 
meters (mg/m3) for toluene. Inhalation of this concentration 
or less over a lifetime would be unlikely to result in adverse 
noncancer effects. No data exist that suggest toluene is carcinogenic. 
The EPA has classified toluene in Group D, not classifiable as to human 
carcinogenicity.
    Vinyl chloride. Acute exposure to high levels of vinyl chloride in 
air has resulted in CNS effects such as dizziness, drowsiness, and 
headaches in humans. Chronic exposure to vinyl chloride through 
inhalation and oral exposure in humans has resulted in liver damage. 
Human and animal studies show adverse effects which raise a concern 
about potential reproductive and developmental hazards to humans from 
exposure to vinyl chloride. Cancer is a major concern from exposure to 
vinyl chloride via inhalation, as vinyl chloride exposure has been 
shown to increase the risk of a rare form of liver cancer in humans. 
The EPA has classified vinyl chloride as a Group A, known human 
carcinogen.
    Xylenes. Short-term inhalation of mixed xylenes (a mixture of three 
closely related compounds) in humans may cause irritation of the nose 
and throat, nausea, vomiting, gastric irritation, mild transient eye 
irritation, and neurological effects. Long-term inhalation of xylenes 
in humans may result in CNS effects such as headaches, dizziness, 
fatigue, tremors, and incoordination. Other reported effects include 
labored breathing, heart palpitation, severe chest pain, abnormal 
electrocardiograms, and possible effects on the blood and kidneys. 
Developmental effects have been indicated from xylene exposure via 
inhalation in animals. Not enough information exists to determine the 
carcinogenic potential of mixed xylenes. The EPA has classified xylenes 
in Group D, not classifiable as to human carcinogenicity.
    Implementation of the OLD NESHAP would reduce nationwide organic 
HAP emissions significantly from current levels. Thus, the proposed 
standards have the potential for providing both cancer and noncancer 
related health benefits.
    By requiring facilities to reduce organic HAP emitted from OLD 
operations, the proposed standards would also reduce emissions of 
volatile organic compounds (VOC). Many VOC react photochemically with 
nitrogen oxides in the atmosphere to form tropospheric (low-level) 
ozone. A number of factors affect the degree to which VOC emission 
reductions will reduce ambient ozone concentrations.
    Human laboratory and community studies have shown that exposure to 
ozone levels that exceed the national ambient air quality standards 
(NAAQS) can result in various adverse health impacts such as 
alterations in lung capacity and aggravation of existing respiratory 
disease. Animal studies have shown increased susceptibility to 
respiratory infection and lung structure changes. The VOC emissions 
reductions resulting from these proposed NESHAP will reduce low-level 
ozone and have a positive impact toward minimizing these health 
effects.
    Among the welfare impacts from exposure to air that exceeds the 
ozone NAAQS are damage to some types of commercial timber and economic 
losses for commercially valuable crops such as soybeans and cotton. 
Studies have shown that exposure to excessive ozone can disrupt 
carbohydrate production and distribution in plants. This can lead in 
turn to reduced root growth, reduced biomass or yield, reduced plant 
vigor (which can cause increased susceptibility to attack from insects 
and disease and damage from cold), and diminished ability to 
successfully compete with more tolerant species. In addition, excessive 
ozone levels may disrupt the structure and function of forested 
ecosystems.

II. Summary of the Proposed Rule

A. What Source Category Would Be Affected by the Proposed NESHAP?

    The proposed NESHAP would affect organic liquids distribution 
activities which, taken together, are considered to be a facility, or 
OLD operations. The regulated liquids consist of organic liquids that 
contain 5 percent by weight or more of the organic HAP compounds in 
Table 1 of the proposed subpart EEEE, and all crude oil except black 
oil. The activities in this category occur either at individual 
distribution facilities or on manufacturing plant sites that consume or 
produce the organic liquids regulated by the proposed standards. Only 
those OLD operations at major source facilities or plant sites would be 
regulated.

B. What Are the Primary Sources of Emissions and What Are the 
Emissions?

    The emission of organic HAP vapors results from storing and 
transferring HAP-containing liquids. Fixed-roof tanks undergo losses 
due to atmospheric changes and changes in the liquid level in the tank. 
Floating roof tanks experience standing storage and liquid withdrawal 
losses and also losses from fittings on the floating deck.
    As organic liquids are loaded into cargo tanks (tank trucks and 
railcars) at transfer racks, vapors are emitted to the atmosphere as 
the rising liquid displaces vapors formed above the liquid. To control 
these vapor emissions, the parked cargo tank may be connected to a 
closed vent vapor collection system and control device. Even in these 
controlled transfer systems, vapors may leak to the atmosphere from 
hatch covers, relief valves, or other parts of the system.
    The equipment components used to convey organic liquids between 
tanks or pipelines can also be a source of vapor leakage. At OLD 
operations, the equipment of concern are pumps, valves, and sampling 
connection systems.
    The volatile constituents of organic liquids, many of which are 
HAP, escape in the vapors emitted from these sources. Our 1998 survey 
of the OLD industry indicates that essentially all of the organic HAP 
listed in the CAA are present in the liquids distributed in these 
operations. Based on that survey and other information, we have 
estimated the total current HAP emissions from OLD operations to be 
70,200 Mg/yr (77,300 tons/yr).

C. What Would Be the Affected Source?

    The affected source would be the combination of all regulated OLD 
activities and equipment at a single OLD operation. The following 
regulated activities are typically performed within OLD operations and 
are part of the affected source:

[[Page 15678]]

     Transfer of organic liquids into, and storage in, fixed-
roof or floating roof storage tanks;
     Transfer of organic liquids into cargo tanks (tank trucks 
or railcars) at transfer racks; and
     Transfer of organic liquids through pumps, piping, valves, 
and other equipment that may potentially leak.
    Only those OLD operations facilities with an organic liquids 
throughput greater than 27.6 million liters (7.29 million gallons) per 
year (either into or out of the facility) would be subject to the 
proposed standards. Also, only those transfer rack loading positions 
with an organic liquids throughput of 11.8 million liters (3.12 million 
gallons) per year or greater would be required to install the specified 
emission controls on those activities.

D. What Would Be the Emission Limits, Operating Limits, and Other 
Standards?

    The proposed NESHAP have various formats for the different 
activities and equipment being regulated. For affected storage tanks, 
you would have two options for control. First, you could install a 
closed vent system and control device with at least a 95 percent 
control efficiency for organic HAP or total organic compounds (TOC). As 
an option, combustion devices may meet an exhaust concentration limit 
of 20 parts per million by volume (ppmv) of organic HAP or TOC. An 
operating parameter of the control device would have to be continuously 
monitored and maintained within the established operating limits. 
Second, you could meet a work practice standard by installing a 
properly constructed floating roof in the affected tank. The tank size 
and vapor pressure cutoffs defining affected tanks would be different 
for existing and new tanks.
    For affected organic liquids transfer racks, you would have to 
install a vapor collection system and a control device that achieves 95 
percent control efficiency or 20 ppmv exhaust concentration for 
combustion devices, and you would have to continuously monitor the 
device. A work practice standard would apply to cargo tanks loading at 
these controlled racks. Each tank equipped with vapor collection 
equipment would have to be tested annually for vapor tightness using 
EPA Method 27. Cargo tanks not equipped with vapor collection equipment 
would have to be tested using the Department of Transportation (DOT) 
standard test procedures at DOT's required frequency. For cargo tanks 
that you do not own, you would have to ensure that each tank loading at 
affected loading positions is certified for vapor tightness. These 
proposed standards would be the same for existing or new transfer 
racks.
    A work practice standard would also apply to equipment (pumps, 
valves, and sampling connection systems) that is in organic liquids 
service for at least 300 hours per year. This form of control involves 
regular instrument monitoring for leaks, and repair of leaking 
equipment. Owners and operators would have the option of applying the 
provisions of either subpart TT or UU of 40 CFR part 63. This leak 
detection and repair (LDAR) standard is being proposed for both 
existing and new equipment.

E. What Would Be the Testing and Initial Compliance Requirements?

    Affected OLD operations would need to determine which of their 
distributed liquids qualify as an organic liquid as defined in the 
proposed standards. The specified test method for this is EPA Method 18 
in 40 CFR part 60, appendix A, and you would have the option of 
suggesting alternative approaches for the Administrator's approval.
    Control devices used for storage tanks or transfer racks would be 
subject to performance testing using EPA Method 18, 25, or 25A of 40 
CFR part 60, appendix A, or Method 316 of 40 CFR part 63, appendix A, 
depending on the constituents of the gas stream being controlled and 
the format of the standard (organic HAP or TOC) the facility selects 
for its compliance demonstration. Floating roof tanks would be subject 
to visual and seal gap inspections to determine initial compliance with 
the tank work practice standards. The EPA Method 21 of 40 CFR part 60, 
appendix A, is specified for the equipment LDAR program. y
    All cargo tanks equipped with vapor collection equipment that are 
used to distribute organic liquids from affected transfer rack loading 
positions would have to be tested annually for vapor tightness using 
EPA Method 27 of 40 CFR part 60, appendix A. For cargo tanks that are 
not so equipped, the current approved DOT methods would continue to be 
used.
    Initial compliance with the emission limits for storage tanks and 
transfer racks would consist of demonstrating that the control device 
achieves 95 percent control efficiency for organic HAP or TOC, or 20 
ppmv exhaust concentration for combustion devices. Note that all 
organic HAP are considered in this emission limit, not just the HAP 
listed in Table 1 of this proposed subpart. During the same initial 
performance test (or during a design evaluation of the device), you 
would establish the reference value or range for the appropriate 
operating parameter of the control device.
    Work practice standards are being proposed for storage tanks, 
transfer racks, and equipment. For floating roof storage tanks, you 
would have to visually inspect each internal floating roof tank before 
the initial filling. For external floating roof tanks, you must perform 
a seal gap inspection of the primary and secondary deck seals within 90 
days after filling.
    For affected transfer rack loading positions, you would have to 
maintain documentation showing that cargo tanks that will load at those 
positions are certified as vapor-tight.
    If you implement an LDAR program for your OLD equipment, you would 
have to provide us with written specifications of the program as part 
of your initial compliance demonstration.

F. What Would Be the Continuous Compliance Provisions?

    To demonstrate continuous compliance with the emission limitation 
for control devices controlling storage tanks or transfer racks, you 
would have to continuously monitor the appropriate operating parameter 
and keep a record of the monitoring data. Compliance would be 
demonstrated by maintaining the parameter value within the limits 
established during the initial compliance demonstration.
    There are different proposed means of demonstrating continuous 
compliance with the work practice standards, depending on the emission 
source. For floating roof storage tanks, you would have to visually 
inspect the tanks on a periodic basis and keep records of the 
inspections. For external floating roof tanks, seal gap measurements 
must be performed on the secondary seal once per year and on the 
primary seal every 5 years. Any conditions causing inspection failures 
would need to be repaired and records of the repairs kept.
    The owner or operator would need to perform vapor tightness testing 
on cargo tanks and keep vapor tightness records of all cargo tanks 
loading at regulated rack loading positions, and also would have to 
take steps to ensure that only cargo tanks with vapor tightness 
certification are loaded at these positions. Examples of these steps 
are contacting cargo tank owners to explain the vapor tightness 
requirements and posting reminder signs summarizing the requirements at 
the affected loading positions.

[[Page 15679]]

G. What Would Be the Notification, Recordkeeping, and Reporting 
Requirements?

    The proposed OLD NESHAP would require you to keep records and file 
reports consistent with the notification, recordkeeping, and reporting 
requirements of the General Provisions of 40 CFR part 63, subpart A. 
Two basic types of reports would be required: initial notification and 
semiannual compliance reports. The initial notification report would 
apprise the regulatory authority of applicability for existing sources 
or of construction for new sources.
    The initial compliance report would demonstrate that compliance had 
been achieved. This report would contain the results of the initial 
performance test, which include the determination of the reference 
operating parameter value or range and a list of the organic liquids 
and equipment subject to the standards. Subsequent compliance reports 
would describe any deviations of monitored parameters from reference 
values; failures to comply with the startup, shutdown, and malfunction 
plan (SSMP) for control devices; and results of LDAR monitoring and 
storage tank inspections. These reports are also used to notify the 
regulatory authority of any changes in the organic liquids handled or 
changes in the OLD equipment or operations.
    Records required under the proposed standards would have to be kept 
for 5 years, with at least 2 of these years being on the facility 
premises. These records would include copies of all reports that you 
have submitted; an up-to-date record of your organic liquids and 
affected equipment; and a listing of all cargo tanks that transfer 
organic liquids at affected rack loading positions, including their 
vapor tightness certification. Monitoring data from control devices 
would have to be kept to ensure that operating limits are being 
maintained. Records from the LDAR program and storage vessel 
inspections, and records of startups, shutdowns, and malfunctions of 
each control device are needed to ensure that the controls in place are 
continuing to be effective.

III. Rationale for Selecting the Proposed Standards

A. How Did We Select the Source Category?

    Organic liquids distribution operations were included as a source 
category on our initial list of HAP source categories. Since liquid 
distribution is often carried out at SOCMI, refinery, or other 
manufacturing plant sites, there is the potential for overlapping 
control requirements in those cases where OLD activities are already 
regulated by other NESHAP. To avoid the situation where an emission 
source could be subject to multiple NESHAP, we are defining the OLD 
source category to exclude emission sources already covered by other 
NESHAP from control under these proposed standards.
    The proposed Organic Liquids Distribution (non-Gasoline) NESHAP 
would apply to organic liquids distribution activities at sites that 
are determined to be ``major sources'' as defined in section 112(a)(1) 
of the CAA. This means those plants or facilities where the stationary 
sources located within a contiguous area and under common control emit 
or have the potential to emit, considering controls, a total of 10 tpy 
or more of any single HAP or 25 tpy or more of any combination of HAP.
    Under the EPA's 1995 Potential to Emit Transition Policy, State and 
local air regulators have the option of treating the following types of 
sources as nonmajor under section 112 and permit programs under title V 
of the CAA: (1) sources that maintain adequate records to demonstrate 
that their actual emissions are less than 50 percent of the applicable 
major source threshold and have continued to operate at less than 50 
percent of the threshold since January 1994; and (2) sources with 
actual emissions between 50 and 100 percent of the threshold, but which 
hold State-enforceable limits that are enforceable as a practical 
matter. During the EPA's rulemaking related to the potential to emit 
(PTE) requirements in the General Provisions (40 CFR part 63, subpart 
A) and the title V operating permits program, we have issued three 
extensions to the original transition policy, the latest memorandum 
dated December 20, 1999 and entitled, ``Third Extension of January 25, 
1995 Potential to Emit Transition Policy.'' Sources that comply with 
either of the two criteria listed above will not be considered a major 
source under the OLD NESHAP. However, sources will be required to 
comply with the applicable provisions of the final PTE rule as of the 
effective date of that rule.
    Organic liquids distribution operations that do not meet the 
criteria for a major source under the PTE transition policy are not 
being regulated at this time. We may consider area sources for 
regulation at a future date as part of the area source strategy 
authorized under section 112(k) of the CAA.
    The source category covered by the proposed standards is not a 
single established ``industry'' in the usual sense, but involves a 
number of traditional industry segments. The purpose of the proposed 
standards is to enact controls on major source OLD operations wherever 
they occur, and this includes a variety of traditional industries. 
While these industry segments are distinct from one another (for 
example, they are described by several different SIC/NAICS codes), they 
are related to each other because they handle similar types of liquids 
which are inputs or outputs of the other segments. As an example, a 
particular organic liquids produced by a chemical manufacturing 
facility may be handled by a for-hire storage terminal, and then enter 
another manufacturing plant to be used in the making of a product.
    We believe the OLD source category is best explained through a 
description of the organic liquids and distribution activities that are 
affected, and the types of facilities where the OLD activities occur.
    The organic liquids affected by the proposed standards are those 
liquids that contain 5 percent by weight or more of the 69 organic HAP 
listed in Table 1 of the proposed subpart. These liquids include pure 
HAP chemicals (straight toluene, for example), petroleum liquids, and 
many blended mixtures and solutions of organic HAP chemicals that are 
stored and transported in bulk throughout the economy. The proposed 
rule would also affect all crude oil, with the exception of black oil, 
that has undergone custody transfer out of production facilities, even 
though individual crudes may have a total HAP content either above or 
below 5 percent by weight. Note that gasoline (including aviation 
gasoline) distribution is excluded from the proposed OLD NESHAP because 
these operations are already covered by the Gasoline Distribution 
NESHAP, 40 CFR part 63, subpart R.
    The OLD activities and equipment that would be subject to the 
proposed control requirements are: (a) Storage of organic liquids in 
stationary storage tanks; (b) organic liquids transfer into cargo tanks 
(tank trucks or railcars) at transfer racks; and (c) the equipment 
components used in organic liquids transfer activities (pumps, valves, 
and sampling connection systems). Note that distribution under the 
proposed standards consists of those activities involved in storing 
organic liquids and transferring them either onto or off a major source 
plant site.
    Organic liquids distribution is carried out at three primary 
categories of operations. First is the stand-alone bulk terminal, which 
typically receives,

[[Page 15680]]

stores, and sends out liquids owned by other companies (``for-hire'' 
facilities). These facilities are not collocated with a manufacturing 
site and will be affected if they meet the major source criteria based 
on their OLD activities. Some chemical companies own stand-alone 
terminals to distribute their own liquids, and they may also lease 
storage space at these terminals to other companies. The second 
category consists of OLD operations that are contiguous and under 
common control with a manufacturing (e.g., SOCMI facility or petroleum 
refinery) plant site. The OLD operations that satisfy the annual 
throughput cutoff at plant sites that constitute a major source of HAP 
will be subject to the proposed standards. There may also be additional 
types of manufacturing facilities that have affected OLD operations. 
The third facility type is pipeline stations, typically handling crude 
oil, that have breakout storage tanks used to absorb surges in the 
pipeline flow or to serve as distribution points for other modes 
(marine vessels, etc.) outside of the pipeline.
    Section 112(d)(1) of the CAA requires us to promulgate NESHAP for 
``each category or subcategory of major sources and area sources of 
hazardous air pollutants listed for regulation * * *'' 
Subcategorization of a source category is sometimes appropriate for 
NESHAP when industrial segments within the category have different 
types of processes or emission characteristics or require the use of 
different types of control techniques. As we developed the proposed OLD 
NESHAP, we considered whether we should develop different control 
requirements for the various OLD industry segments.
    A review of the OLD data base and the information gathered during 
our site visits to OLD facilities showed that, despite the extreme 
operating conditions that occur in the process units at SOCMI 
facilities and refineries, the liquid distribution operations at the 
various types of facilities are carried out under conditions at or 
close to ambient. Furthermore, common organic HAP control technologies 
(such as thermal oxidizers and flares) are applicable to and in use for 
the activities performed at all of the facility types. Thus, based on 
these factors, we concluded that designation of separate subcategories 
for the purpose of developing different emission standards in the OLD 
NESHAP was not warranted.

B. How Did We Select the Proposed Pollutants To Be Regulated?

    The data base of results from our 1998 survey of OLD operations 
indicates the presence of about 93 different HAP in all of the reported 
liquids, which is most of the organic compounds or groups of compounds 
listed as HAP under section 112(b) of the CAA. The variety of HAP is so 
large because the OLD industry represents the sum total of the chemical 
and petroleum liquids handled throughout industry (except gasoline). 
Yet, there may be additional organic HAP in liquids that are not in the 
EPA's OLD data base.
    We considered whether it would be reasonable to select all organic 
HAP listed under section 112(b) for regulation in the OLD NESHAP. Some 
organic HAP have a very low potential to be emitted to the atmosphere 
from OLD operations because of their low volatilities (vapor pressure 
value). We do not consider it reasonable for facilities that may have a 
significant part of their OLD operations dedicated to handling low-
volatility HAP liquids to apply controls representing MACT to those 
activities.
    As a result, we decided it would be appropriate to develop a list 
of the specific organic HAP to be regulated by the proposed standards. 
We first made a listing of all of the HAP believed to exist in OLD 
operations, ranked in order of decreasing vapor pressure (at 25 degrees 
C). We then selected a vapor pressure cutoff of 0.1 pound per square 
inch absolute (psia) (about 0.7 kilopascal) to exclude the compounds 
with the lowest volatilities from the bottom of the table. This cutoff 
point was selected and was agreed to by industry reviewers as a 
reasonable level below which the emission potential would be minimal. 
The 0.7 kilopascal vapor pressure cutoff is recommended by the fact 
that the HON (in Table 6 of 40 CFR part 63, appendix to subpart G) 
requires the application of controls for new storage vessels with a 
capacity of 151 cubic meters or greater and storing liquids with a 
vapor pressure of 0.7 kilopascal or greater. The proposed applicability 
cutoffs for OLD storage tanks are similar to the cutoffs in the HON 
(for example, new OLD tanks larger than 151 cubic meters storing any 
liquid with a vapor pressure greater than 0.7 kilopascal would be 
covered). If we choose a cutoff higher than 0.7 kilopascal, which would 
leave even fewer HAP subject to control, there would be an 
inconsistency between the HAP table and the proposed storage tank 
applicability cutoffs. Therefore, on the basis of these considerations, 
we used a cutoff of 0.7 kilopascal to derive the specific organic HAP 
listed in Table 1 of the proposed standards.
    The proposed standards would affect OLD activities involving two 
categories of organic liquids: (1) Those liquids containing at least 5 
percent by weight of the HAP listed in Table 1 of the proposed subpart; 
and (2) all crude oils except black oil. As with the 0.7 kilopascal 
cutoff used to determine which HAP would be in Table 1, the intent of 
the 5 percent HAP cutoff is to exclude the lowest emitting organic 
liquids from the control requirements. The 5 percent HAP cutoff also 
has precedent in existing part 63 subparts. In the HON, 40 CFR part 63, 
subpart H and the NESHAP for Polycarbonate Production (40 CFR 
63.1103(d), subpart YY), the equipment leak provisions affect only 
equipment containing or contacting a fluid that is at least 5 percent 
by weight of total organic HAP, on an annual average basis.
    Our analysis of 17 different crude oil profiles indicated an 
average HAP weight percentage in the emitted vapors of about 6.0 
percent. However, about half of these samples had a HAP percentage 
below 5 percent. Under the 5 percent HAP cutoff defining a regulated 
organic liquid, this would exempt from control a large amount of the 
crude oil as it enters and leaves distribution facilities.
    Despite its relatively low HAP content, crude oil had a significant 
vapor pressure that was as high as 8 psia and averaged about 3.5 psia 
for all of the profile data we examined. Also, crude oil is estimated 
to make up approximately 68 percent of the volume of organic liquids in 
the distribution system, and 84 percent of the volume for liquids with 
a HAP content below 10 percent. Since the potential emissions from 
crude oil are a significant fraction of the total OLD emissions, we 
believe that the potential reductions from controlling crude oil would 
be significant and are a compelling reason to regulate all distributed 
crude oil except for the specific variety discussed below.
    Black oil is a form of crude oil that we determined in the final 
NESHAP for Oil and Gas Production, 40 CFR part 63, subpart HH, to have 
a very low potential to produce flash emissions from storage tanks. 
Furthermore, tanks containing black oil are not considered to be 
affected sources under subpart HH. We are including a similar exemption 
for black oil in the OLD NESHAP because we do not consider storage or 
transfer of black oil to constitute a significant emission source. The 
definition of black oil is being altered from that used in subpart HH. 
In subpart HH it is the ``initial producing'' gas-to-oil ratio and API 
(American Petroleum Institute) gravity that are used to define some 
crude oils as black oil. For this proposed

[[Page 15681]]

subpart, we are using the gas-to-oil ratio and API gravity of the crude 
oil at the point of entry to the distribution system to define the 
crude oil as black oil.

C. How Did We Select the Proposed Affected Source?

    The affected source would be the combination of all regulated 
emission sources at an OLD operations facility. The regulated emission 
sources at an OLD operations facility are:
     Storage tanks;
     Transfer racks; and
     Equipment in organic liquids service.
    We have chosen a broad source definition which allows a storage 
tank, transfer rack, or single piece of equipment to be replaced or 
upgraded without its replacement being designated as a new source. The 
broad source definition was chosen for this source category because a 
more narrow source definition would mean that a change to an individual 
regulated emission source at a facility could cause that individual 
emission source to be designated as new. The designation as new would 
mean that the individual emission source (such as a single storage 
tank) would be required to observe the emission or operating limits in 
the proposed subpart for new sources. It also means that the emission 
source would need to be permitted separately, and its recordkeeping and 
reporting requirements could fall on intervals different from the rest 
of the facility. We looked at the emissions reductions that could 
possibly be gained through a narrow definition of affected source and 
decided that, on balance, a broad definition is the better choice.

D. How Did We Determine the Basis and Level of the Proposed Standards 
for Existing and New Sources?

1. MACT Floor Determination
    We determined separate MACT floors for each of the emission sources 
that exist at OLD operations. We received data through questionnaire 
responses from 247 facilities owned or operated by 77 companies. These 
facilities reflected the various major industry segments involved in 
organic liquids distribution. However, due to the pervasive nature of 
distribution operations throughout the economy, we believe that our 
survey only captured about 40 percent of all of the large OLD 
operations in the country. Additional detailed information was obtained 
from site visits to nine OLD facilities. The data collected represent a 
complete range of the large facilities that would be affected by the 
proposed standard. Therefore, we believe the data are representative of 
OLD operations throughout the country.
    We determined MACT floors for existing sources based on the 
arithmetic average of the lowest-emitting 12 percent where this 
approach made sense and produced a result that corresponded to use of a 
specific control technology. For the remaining cases, we used the 
median (middle) value to represent the MACT floor. For storage tanks 
and transfer racks, floors were determined for each subgroup (size and 
vapor pressure range for tanks, vapor pressure range for loading 
positions). For the several storage tank subgroups with fewer than 30 
sources, we used the median of the five lowest-emitting tanks (the 
third tank).
    Using the storage tank data collected from OLD operations, we 
determined the relative emissions from 1,175 reported tanks and listed 
these tanks from lowest to highest emitting within several tank size 
and liquid vapor pressure ranges. For transfer racks, we listed 
individual loading positions from lowest to highest emitting, starting 
with those with a control device, followed by those using bottom or 
submerged loading, and finally those using splash fill (considered the 
baseline, uncontrolled case). For equipment leaks, the facilities with 
a Federal LDAR program were listed first, followed by those with a 
State or local program, and then those with no program.
    The best controlled storage tanks at OLD facilities in our data 
base use either a closed vent system and control device or a well-
designed internal or external floating roof. These controls represent 
the maximum level of control available for storage tanks. The existing 
source MACT floor for tanks was determined to be a choice of control 
device or a floating roof with effective emission seals. The specific 
tank sizes and organic liquids to which the MACT floor applies are 
essentially the same as those in the HON.
    The best controlled transfer racks at the OLD operations facilities 
in our survey data base are equipped with a vapor collection system and 
control device to reduce organic HAP emissions. Control efficiencies 
for these devices were reported as ranging from below 90 percent to 
over 99 percent, but no test data were provided to support these 
control efficiencies. The MACT floor for existing transfer racks was 
determined to be the use of a control device, without identifying any 
specific control efficiencies that constitute the floor. However, based 
on the types of devices in use and the liquids being controlled, we 
believe that a control efficiency of 95 percent is appropriate for this 
floor.
    The best controlled OLD equipment is subject to an instrument-based 
LDAR program, and we found that an LDAR program similar to the HON 
program represents the existing source MACT floor.
    For new sources, the CAA requires the MACT floor to be based on the 
degree of emissions reductions achieved in practice by the best-
controlled similar source. The MACT floor for new sources and existing 
sources is the same in the case of transfer racks (use of a control 
device) and equipment leaks (an instrument LDAR program). For storage 
tanks, the control technologies in the MACT floors for existing and new 
sources are also the same. However, in the new source floor, these 
controls are applied to smaller tanks and to less volatile liquids when 
they are stored in larger tanks.
    A more detailed summary of the MACT floor analysis, including the 
data and the considerations used to determine the MACT floors for OLD 
operations, can be found in the technical support document located in 
the docket.
2. Beyond-the-Floor Levels of Control
    Using the MACT floor levels as a starting point, we investigated 
whether any applicable control approaches were available that were both 
more stringent than these floors and satisfied the criteria in section 
112(d)(2) of the CAA.
    The MACT floors for existing and new organic liquids storage tanks 
consist of a choice between the emission limitation in the HON (closed 
vent system and control device at 95 percent efficiency) and the 
floating roof requirements in 40 CFR part 63, subpart WW. These 
controls represent the maximum level of control available for storage 
tanks. The tank capacity and liquid vapor pressure cutoffs defining 
which tanks would be affected are the same as those in the HON. We 
believe that these cutoffs define all of the storage tanks that it is 
reasonable to regulate with MACT technology. Therefore, we were not 
able to identify any reasonable technologies that would create beyond-
the-floor control levels for storage tanks.
    The best controlled organic liquids transfer racks achieve 
emissions reductions of 95 percent or greater using a closed vent 
system and control device. Due to the diversity of liquids handled in 
the industry and the consequent use of a variety of control devices, we 
concluded that levels above 95 percent should not be considered as an 
alternative control level for transfer

[[Page 15682]]

racks. Therefore, no beyond-the-floor control levels were deemed 
achievable for this emission source.
    The best controlled OLD equipment is subject to an instrument-based 
LDAR program, and we found that an LDAR program similar to the HON 
program represents both the existing and new source MACT floors. We 
have not identified any beyond-the-floor control approaches that 
provide better control of leakage emissions from equipment at a 
reasonable cost.
3. Selection of the Standards
    Some OLD operations may involve very low organic liquids 
throughputs because they operate intermittently, but they would still 
be defined as a major source if they are on the same plant site as a 
major source manufacturing operation. We desired a small size cutoff to 
exempt OLD operations with a very small amount of distribution 
activity. The survey data did not indicate any specific organic liquids 
throughput into or out of a facility that would help us in identifying 
a lower size threshold for the size of OLD operations facility that 
should be affected by the proposed standards. Therefore, we turned to 
existing Federal and State organic liquids transfer rules. The cutoff 
value of 20,000 gallons per day is frequently used to identify affected 
transfer facilities. This value converts to 27.6 million liters per 
year, the smallest size facility we are proposing to affect by these 
standards. This is a reasonable approach as facilities below this size 
cutoff do not have the volume of organic liquids throughput that would 
yield emissions warranting control, as identified by other Federal and 
State rules. If the throughputs into and out of the facility during a 
calendar year are different, then the larger of the two values would be 
used to determine whether the operation is affected by these proposed 
standards.
    The proposed standards were selected following the completion of 
the MACT floor and beyond-the-floor analyses. After we determined that 
there were no reasonable control measures more stringent than the MACT 
floors, we used the floors as the basis for the selection of the 
standards. While some of our survey responses appeared to indicate 
control levels beyond the levels normally associated with these devices 
(i.e., many reports at or near 100 percent efficiency), we believed 
that these values did not represent the continuous performance of the 
control devices in use. Also, these high efficiency values were not 
supported by test data. Therefore, a control efficiency of 95 percent 
is being proposed for control devices used for storage tanks or 
transfer racks. To be consistent with the results from the test methods 
allowed for showing compliance, this control efficiency can be 
demonstrated in terms of either total organic HAP or TOC. In addition, 
combustion devices have an optional emission limit of 20 ppmv of 
organic HAP or TOC in the exhaust.
    Some transfer racks at OLD facilities are used only on a periodic 
or intermittent basis and, therefore, have relatively low volume 
throughputs and low emissions. We do not believe it would be reasonable 
to install a control system on such low usage racks. However, the 
survey data did not indicate any specific throughput level below which 
transfer rack emission controls were not being used in OLD operations.
    As the survey data could not provide direction on a throughput 
cutoff, we searched existing Federal and State air rules to evaluate 
the cutoffs in use. The provisions of 40 CFR 63.1101, subpart YY 
(Generic MACT Standards), define a low throughput transfer rack as a 
rack that transfers less than 11.8 million liters (3.12 million 
gallons) per year of liquid containing regulated HAP. This cutoff is 
equivalent to about one tank truck full of liquid per day. No 
additional cutoffs affecting individual transfer racks were identified. 
The cutoff used in subpart YY was considered reasonable for the OLD 
transfer rack control requirement, and, therefore, we are proposing to 
regulate only those transfer rack positions that load 11.8 million 
liters per year or more of organic liquid.
    A transfer rack may have more than one loading position (i.e., 
``parking spot'') for cargo tanks. Since each loading position may 
receive liquid from a specific storage tank independently of the other 
positions, each position can be considered an individual emission 
source during the time that a cargo tank is in place and loading 
liquid. Therefore, we are proposing to apply both the emission limit 
and throughput cutoff to each individual loading position. Under this 
approach, owners and operators would have maximum flexibility in 
determining the optimum configuration for their loading activities.
    At controlled transfer racks (those equipped with a vapor 
collection system and a control device), fugitive emissions may occur 
from leaking truck transport tanks or railcars through dome covers, 
malfunctioning pressure relief vents, or other potential leak sources. 
Thus, a requirement to control liquid transfer operations using a vapor 
collection system and control device could be ineffective if the cargo 
tanks leak vapors to the atmosphere during the loading process. For 
cargo tanks equipped with vapor collection equipment (which typically 
includes an integrated vapor valve that is opened to release vapors to 
the control system during loading), EPA Method 27 in 40 CFR part 60, 
appendix A, is specified for ensuring the tank's vapor tightness. Tank 
trucks used for gasoline distribution are routinely equipped for vapor 
collection and undergo an annual Method 27 test under the NESHAP 
regulating gasoline distribution. However, tank trucks in organic 
chemical service typically are not equipped for vapor collection. For 
these tanks, Method 27 would not be applicable. Instead, the current 
DOT methods which require periodic leak testing of chemical tank trucks 
and railcars are in place and effective for organic liquids cargo 
tanks.

E. How Did We Select the Format of the Proposed Standards?

    The format selected for the proposed standards was developed after 
a comprehensive review of Federal and State rules affecting the same 
emission sources that occur in similar industries. Our goal was to set 
an overall format that is compatible with the applicable test methods, 
reflects the performance of the MACT technologies, and is consistent 
with the formats used in other NESHAP for similar HAP sources.
    The proposed standards for OLD operations consist of a combination 
of several formats: numerical emission limits and operating limits, 
equipment standards, and work practice standards. Section 112(h) of the 
CAA states that ``* * * if it is not feasible in the judgment of the 
Administrator to prescribe or enforce an emission standard for control 
of a hazardous air pollutant or pollutants, the Administrator may, in 
lieu thereof, promulgate a design, equipment, work practice, or 
operational standard, or combination thereof * * *.'' Section 112(h) 
further defines the phrase ``not feasible to prescribe or enforce an 
emission standard'' as any situation in which ``* * * a hazardous air 
pollutant or pollutants cannot be emitted through a conveyance designed 
and constructed to emit or capture such pollutant, * * * or the 
application of measurement methodology to a particular class of sources 
is not practicable * * *.''
    Numerical emission limits are feasible for storage tanks and 
transfer racks outfitted with a closed vent system and a control 
device. For these control situations, we have proposed a percentage 
control efficiency for consistency with the HON and the

[[Page 15683]]

Refinery NESHAP, which taken together, regulate a great number of the 
organic liquids handled in OLD operations. To allow flexibility, we are 
proposing a 95 percent control efficiency limit in terms of either 
total organic HAP or TOC. For combustion devices, we are proposing an 
alternate emission limit of 20 ppmv of either organic HAP or TOC. 
Depending on the test methods chosen, the owner or operator would 
select the most suitable format.
    The proposed 95 percent and 20 ppmv limits apply not to entire 
transfer racks but to each individual loading position at the racks. We 
felt that under this format, sources would have more freedom in 
choosing how to organize the transfer of affected organic liquids. For 
example, at a rack with two loading positions you might designate and 
configure one position to be an uncontrolled position, and another 
position to be a controlled position piped through a vapor collection 
system to a control device. You could then load affected organic 
liquids only at the controlled position but could still load 
unregulated liquids through the same rack at the uncontrolled position.
    Equipment and work practice standards affect each of the emission 
sources being regulated. The following subparagraphs describe the 
selection of these formats.

Floating Roof Standard for Storage Tanks

    You would have the option of installing floating roofs that meet 
the requirements of 40 CFR part 63, subpart WW, in your affected 
storage tanks. The floating roof option has been included in most 
Federal rules affecting storage tanks. Our goal was to be consistent 
with these other rules and to provide you with flexibility in 
controlling the storage tanks that contain affected organic liquids.

Vapor Tightness Testing for Cargo Tanks

    For the closed vent (vapor collection) system on transfer racks to 
be effective in conveying all of the displaced HAP vapors to the 
control device, the cargo tanks must be maintained in a way that 
minimizes leakage. There is no means available for collecting or 
measuring these leakage emissions. Therefore, we have proposed a work 
practice standard consisting of an annual vapor tightness test which 
involves pressurizing the empty tank and measuring any loss of 
pressure. The same approach is used for cargo tanks in two of the 
Federal rules that affect gasoline distribution, the new source 
performance standards (NSPS) for bulk gasoline terminals (40 CFR part 
60, subpart XX), and the Gasoline Distribution NESHAP (40 CFR part 63, 
subpart R).

Leak Detection and Repair Program for Equipment

    The LDAR program has been used for many years as the principal 
means of locating leaking equipment for repairs to maintain low 
emission rates on equipment components. In surveying OLD operations 
nationwide, we found that about 35 percent of the facilities are under 
a Federal LDAR requirement. Therefore, we decided that this format 
would be the best approach for the equipment requirements. Owners and 
operators would have the choice between the LDAR requirements in 40 CFR 
part 63, subpart TT or UU.

F. How Did We Select the Proposed Testing and Initial Compliance 
Requirements?

    These NESHAP propose to control three different emission points: 
Storage tanks, transfer racks, and equipment leaks. The control 
technologies and work practices used to control these emission points 
would have different testing and initial compliance requirements. The 
methods proposed for testing and for demonstrating initial compliance 
with the proposed standards are similar to those in other Federal 
NESHAP using these same control technologies and work practices. The 
HON (40 CFR part 63, subpart G) prescribes EPA Method 18 or 25A for 
determining the control efficiency of a control device. We have added 
EPA Method 25 to allow additional flexibility. In addition, if a 
principal component of the inlet gas stream to the control device is 
formaldehyde, EPA Method 316 of 40 CFR part 63, appendix A, may be used 
instead of Method 18 to measure the formaldehyde.
    The HON also specifies EPA Method 21 for performing LDAR 
monitoring. The visual and seal gap inspections proposed for 
determining the initial compliance of floating roof tanks are the 
methods outlined in subpart WW of 40 CFR part 63. The EPA Method 27 is 
the method proposed for confirming the vapor tightness of tank trucks 
and railcars equipped with vapor collection equipment. This is the same 
approach required for testing cargo tanks in 40 CFR part 63, subpart R, 
the Gasoline Distribution NESHAP. We have determined while developing 
other part 63 rules that these methods are appropriate for fulfilling 
the testing and initial compliance requirements in standards for HAP 
emissions.

G. How Did We Select the Proposed Continuous Compliance Requirements?

    Continuous monitoring is required by the proposed standards so that 
we can determine whether a source is in compliance on an ongoing basis. 
When determining appropriate monitoring options, we considered the 
availability and feasibility of a number of monitoring strategies.
    In evaluating the use of continuous emission monitoring systems 
(CEMS) in these proposed standards, we determined that monitoring of 
HAP compounds emitted from control devices is feasible and has been 
implemented in other rules at certain types of facilities. However, the 
cost of applying monitors that provide a continuous measurement in the 
units of these proposed standards would be unacceptably high. 
Similarly, we found that continuous monitoring of a HAP surrogate (such 
as TOC) would not provide an accurate indication of compliance with the 
proposed HAP emission limitations because of the many non-HAP organic 
compounds.
    Monitoring of control device operating parameters is considered 
appropriate for many other emission sources (such as gasoline 
distribution sources under 40 CFR part 63, subpart R) and, therefore, 
we have included this as the primary monitoring approach in these 
proposed standards. Based on information from OLD sources, we selected 
operating parameters for the following types of control devices that 
are reliable indicators of control device performance: Thermal and 
catalytic oxidizers, flares, adsorbers, and condensers. In general, we 
selected parameters and monitoring provisions that were included in 
both subpart R and the HON. Sources would monitor these parameters to 
demonstrate continuous compliance with the emission limits and 
operating limits.
    The proposed NESHAP also requires monitoring for the storage tank 
work practice standards which consist of periodic inspections of the 
floating roof seals. We took this approach because there is no device 
available to continuously monitor the performance of the roof seals.
    You may choose an alternative to the monitoring required by these 
proposed standards. If you do, you would have to request approval for 
alternative monitoring according to the procedures in Sec. 63.8 of the 
General Provisions.

H. How Did We Select the Proposed Notification, Recordkeeping, and 
Reporting Requirements?

    The required notifications and other reporting are based on the 
General

[[Page 15684]]

Provisions in subpart A of 40 CFR part 63. The initial notification and 
the semiannual compliance reports include information on organic 
liquids and affected OLD activities, and they would require any changes 
to this information to be reported in subsequent reports. Similarly, 
records would be required that will enable an inspector to verify the 
facility's compliance status. Due to the nature of control devices that 
would be installed on OLD operations and the emissions being 
controlled, we have determined that control device parameter monitoring 
is appropriate in this circumstance. The proposed records and reports 
are necessary to allow the regulatory authority to verify that the 
source is continuing to comply with the standards.

IV. Summary of Environmental, Energy, and Economic Impacts

    As discussed earlier, organic liquids distribution activities are 
carried out at many different types of facilities. Most of these 
facilities can be grouped under three general categories: Stand-alone 
(usually for-hire) storage terminals dedicated to distribution 
activities; OLD operations collocated with a petroleum refinery, 
chemical manufacturing, or other manufacturing plant site; and crude 
oil pipeline pumping or breakout stations (containing crude oil 
tankage).
    We estimate that in 1997, the baseline year for the proposed 
standards, there were approximately the following numbers of major 
source OLD facilities: 480 collocated OLD operations, 135 stand-alone 
terminals, and 35 crude oil pipeline stations, for a total of about 650 
existing major source OLD plant sites.

A. What Are the Air Quality Impacts?

    On a nationwide basis, the OLD operations at facilities that would 
be affected by the proposed NESHAP emit an estimated 70,200 Mg/yr 
(77,300 tons/yr) of HAP. Most of the organic HAP listed in section 
112(b)(1) of the CAA are included in these emissions. After the 
promulgated standards are implemented, HAP emissions will be reduced by 
approximately 19,700 Mg/yr (21,700 tpy), or 28 percent, from the 
baseline. Such emissions impacts are likely to reduce the risk of 
adverse effects of HAP.
    Although the proposed OLD NESHAP would not specifically require 
control of VOC emissions, the organic HAP emission control technologies 
upon which the proposed standards are based would also significantly 
reduce VOC emissions from the source category. We estimate that 
implementation of the promulgated NESHAP would reduce nationwide VOC 
emissions by about 33,700 Mg/yr (37,100 tpy), or 28 percent, from 
baseline levels. This will have the effect of reducing ozone-related 
health and welfare impacts.

B. What Are the Cost Impacts?

    The cost of implementing the proposed standards for affected OLD 
operations would consist of the capital and annualized costs to control 
storage tanks, transfer racks, and equipment leaks, and the costs of 
complying with the monitoring, reporting, and recordkeeping 
requirements.
    Approximately 1,740 storage tanks, or 23 percent of the 7,725 tanks 
used in OLD operations, would need to be controlled (or further 
controlled) to meet the proposed control requirements. Depending on the 
size and configuration of a particular tank, the capital cost would 
vary from $4,300 to $120,000 per tank. The total capital cost to 
control all 1,740 tanks is estimated at $84.3 million.
    Transfer rack controls would consist of installing a flare or other 
control device at approximately 200 OLD operations, at an estimated 
total capital cost of $5.4 million. Since organic liquids cargo tanks 
are typically not equipped with vapor collection equipment, most of 
them would continue to undergo the DOT leak tightness testing and not 
the annual EPA Method 27 testing. The total annual cost for performing 
Method 27 on the small number of equipped cargo tanks is estimated at 
about $21,700 per year.
    The establishment of an LDAR program for equipment leak control at 
about 430 existing operations nationwide would involve a capital cost 
of approximately $3.5 million.
    The annual cost for industry to keep records and prepare and send 
the necessary reports is estimated at about $12.7 million per year.
    We have estimated the total nationwide capital cost (in 1997 
dollars) of implementing the proposed rule at $94.4 million, and the 
annual cost at $41.4 million per year. We are soliciting comment from 
the public on the accuracy of the cost impacts that are summarized 
above and presented in detail in the TSD.

C. What Are the Economic Impacts?

    The economic impact analysis shows that the expected price increase 
for affected output would be less than 0.01 percent as a result of the 
proposed standard for petroleum producers, pipeline operators, and 
petroleum bulk terminals, and less than 0.02 percent for chemical 
manufacturers. The expected change in production of affected output is 
a reduction of less than 0.01 percent for petroleum producers, pipeline 
operators, and petroleum bulk terminals, and less than 0.02 percent for 
chemical manufacturers. None of the facilities out of the 651 affected 
are expected to close as a result of incurring costs of the proposed 
standard. Therefore, it is likely that there is no adverse impact 
expected to occur for those industries that produce output affected by 
this proposed rule, such as chemical manufacturers, petroleum 
refineries, pipeline operators, and petroleum bulk terminal operators.

D. What Are the Nonair Quality Health, Environmental, and Energy 
Impacts?

    Water quality would not be significantly affected by implementation 
of the proposed standards. The proposed standards do not contain any 
requirements related to water discharges, wastewater collection, or 
spill containment, and no additional organic liquids are expected to 
enter these areas as a result of the proposed OLD NESHAP. A few 
facilities may select a scrubber (depending on the specific emissions 
they are controlling) to control emissions from transfer racks or 
fixed-roof storage tanks. The impact on water quality from the use of 
scrubbers is not expected to be significant.
    We also project that there will be no significant solid waste or 
noise impact. Neither flares, thermal oxidizers, scrubbers, nor 
condensers generate any solid waste as a by-product of their operation. 
When adsorption systems are used, the spent activated carbon or other 
adsorbent that cannot be further regenerated may be disposed of in a 
landfill, which would contribute a small amount of solid waste.
    We have tested the noise level from control devices and found these 
levels (usually due to pumps and blowers) to be moderate (less than 70 
decibels at 7 meters). Thus, the noise impact would be small.
    The control devices used for transfer rack and storage tank control 
use electric motor-driven blowers, dampers, or pumps, depending on the 
type of system, in addition to electronic control and monitoring 
systems. The installation of these devices would have a small negative 
energy impact. To the extent that some of the controlled organic 
liquids are non-gasoline fuels, the applied control measures would keep 
these liquids in the distribution system and thus have a positive 
impact on this form of energy.

[[Page 15685]]

V. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines ``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 loan programs, or the rights and obligations of 
recipients thereof; or
    (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.
    Pursuant to the terms of Executive Order 12866, OMB has notified 
EPA that it considers this a ``significant regulatory action'' within 
the meaning of the Executive Order. EPA has submitted this action to 
OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record. Any written 
comments from OMB and written EPA responses are available in the docket 
(see ADDRESSES section of this preamble).

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires the EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under Section 6 of Executive Order 13132, the EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or the EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State law 
unless the EPA consults with State and local officials early in the 
process of developing the proposed regulation.
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. Thus, the requirements of 
section 6 of the Executive Order do not apply to this proposed rule.

C. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This proposed rule does not have tribal implications. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. No 
tribal governments are believed to own or operate an affected source. 
Thus, Executive Order 13175 does not apply to this rule. In the spirit 
of Executive Order 13175, and consistent with EPA policy to promote 
communications between EPA and tribal governments, EPA specifically 
solicits additional comment on this proposed rule from tribal 
officials.

D. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that the EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the EPA must evaluate the environmental health or safety 
effects 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 EPA.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This proposed rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks. No children's risk 
analysis was performed because no alternative technologies exist that 
would provide greater stringency at a reasonable cost. Furthermore, 
this proposed rule has been determined not to be ``economically 
significant'' as defined under Executive Order 12866.

E. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001), required EPA to prepare and submit a Statement of 
Energy Effects to the Administrator of the Office of Information and 
Regulatory Affairs, and the Office of Management and Budget, for 
certain actions identified as ``significant energy actions.'' Section 
4(b) of Executive Order 13211 defines ``significant energy actions'' as 
``any action by an agency (normally published in the Federal Register) 
that promulgates or is expected to lead to the promulgation of a final 
rule or regulation, including notices of inquiry, advance notices of 
proposed rulemaking, and notices of proposed rulemaking: (1) (i) That 
is a significant regulatory action under Executive Order 12866 or any 
successor order, and (ii) is likely to have a significant adverse 
effect on the supply, distribution, or use of energy; or (2) that is 
designated by the

[[Page 15686]]

Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action.'' This proposed rule is not a ``significant 
energy action'' because it is not likely to have a significant adverse 
effect on the supply, distribution, and use of energy. The basis for 
this determination follows.
    The reduction in petroleum product output, which includes 
reductions in fuel production, is estimated at only 0.003 percent, or 
about 137 barrels per day based on 2000 U.S. fuel production 
nationwide. The reduction in coal, natural gas, and electricity output 
is expected to be negligible compared to 2000 U.S. output of these 
products nationwide. The increase in price of petroleum products is 
estimated to be only 0.003 percent nationwide. While energy 
distribution services such as pipeline operations will be directly 
affected by this proposal, energy distribution costs are expected to 
increase by only 0.36 percent. We estimate that there will be a slight 
increase of only 0.002 percent of net imports (imports--exports), and 
no other adverse outcomes are expected to occur with regard to energy 
supplies. Given the minimal impacts on energy supply, distribution, and 
use as a whole nationally, no significant adverse energy effects are 
expected to occur. For more information on these estimated energy 
effects, please refer to the economic impact analysis for the proposed 
rule. This analysis is available in the public docket.
    Therefore, we conclude that this proposed rule when implemented 
will not have a significant adverse effect on the supply, distribution, 
or use of energy.

F. Unfunded Mandates Reform Act of 1995

    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, the 
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 by State, local, and tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any 1 year. Before promulgating an EPA rule for which a written 
statement is needed, section 205 of the UMRA generally requires the 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 the 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 of why that alternative was not adopted. Before the 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.
    The EPA has determined that this proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The maximum total annual cost of this 
proposed rule for any year has been estimated to be about $41.4 
million. Thus, today's proposed rule is not subject to the requirements 
of sections 202 and 205 of the UMRA. In addition, the EPA has 
determined that this proposed rule contains no regulatory requirements 
that might significantly or uniquely affect small governments because 
it contains no requirements that apply to such governments or impose 
obligations upon them. Therefore, today's proposed rule is not subject 
to the requirements of section 203 of the UMRA.

G. Regulatory Flexibility Act (RFA) as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business whose 
parent company has fewer than 100 or 1,500 employees, depending on size 
definition for the affected North American Industry Classification 
System (NAICS) code, or a maximum of $5 million to $18.5 million in 
revenues; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field. It should be noted that companies in 
42 NAICS codes are affected by this proposed rule, and the small 
business definition applied to each industry by NAICS code is that 
listed in the Small Business Administration (SBA) size standards (13 
CFR 121). For more information on size standards for particular 
industries, please refer to the economic impact analysis in the docket.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that nineteen small firms in the industries affected by this 
rule may be affected. Out of the nineteen affected small firms, two 
firms are estimated to have compliance costs that exceed one percent of 
their revenues.
    In addition, the rule is likely to also increase profits at the 
many small firms not affected by the rule due to the very slight 
increase in market prices. Finally, while there is a difference between 
the median compliance cost to sales estimates for the affected small 
and large firms (0.26 percent compared to 0.01 percent for the large 
firms), no small or large firms are expected to close in response to 
incurring the compliance costs associated with this rule.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, we nonetheless have 
tried to minimize the impact of this rule on small entities in several 
ways. First, we chose to set the control requirements at the MACT floor 
control level and not at a control level more stringent. Thus, the 
control level specified in the proposed OLD rule is the least stringent 
allowed by the CAA. Second, we have set facility size, transfer rack 
throughput, and tank size cutoffs in the rule to minimize the effects 
on small businesses. Third, we have identified a list of 69 HAP from 
the list of 188 in the CAA to be considered for regulation. Regulated 
liquids are organic liquids that contain at least 5

[[Page 15687]]

percent by weight of the 69 HAP listed. In addition, we worked with 
various trade associations during the development of the proposed rule. 
These actions have reduced the economic impact on small entities from 
this rule. We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

H. Paperwork Reduction Act

    We will submit the information collection requirements in this rule 
for approval to the Office of Management and Budget under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. We have prepared an Information 
Collection Request (ICR) document (ICR No. 1963.01) and you may obtain 
a copy from Sandy Farmer, Office of Environmental Information, 
Collection Strategies Division, U.S. Environmental Protection Agency 
(2822), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, by e-mail 
at [email protected], or by calling (202) 260-2740. A copy may also 
be downloaded off the internet (WWW) at http://www.epa.gov/icr. The 
information requirements are not effective until OMB approves them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to the EPA 
pursuant to the recordkeeping and reporting requirements for which a 
claim of confidentiality is made is safeguarded according to EPA 
policies set forth in 40 CFR part 2, subpart B.
    The proposed rule would require maintenance inspections of the 
control devices but would not require any notifications or reports 
beyond those required by the General Provisions. The recordkeeping 
requirements require only the specific information needed to determine 
compliance.
    The annual monitoring, reporting, and recordkeeping burden to 
affected sources for this collection (averaged over the first 3 years 
after the effective date of the promulgated rule) is estimated to be 
242,900 labor-hours per year, with a total annual cost of $12.7 million 
per year. These estimates include a one-time performance test and 
report (with repeat tests where needed), one-time submission of an SSMP 
with semiannual reports for any event when the procedures in the plan 
were not followed, semiannual compliance reports, maintenance 
inspections, notifications, and recordkeeping.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

I. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Public Law 104-113, all Federal 
agencies are required to use voluntary consensus standards (VCS) in 
their regulatory and procurement activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices) 
developed or adopted by one or more voluntary consensus bodies. The 
NTTAA requires Federal agencies to provide Congress, through annual 
reports to OMB, with explanations when an agency does not use available 
and applicable VCS.
    Consistent with the NTTAA, the EPA conducted searches to identify 
VCS for use in emissions monitoring. This search is described in a 
memorandum which is in the docket. The search for emissions monitoring 
procedures identified 19 VCS that appeared to have possible use in lieu 
of EPA standard reference methods. However, after reviewing the 
available VCS, the EPA determined that nine of the candidate VCS 
identified for measuring emissions of the HAP or surrogates subject to 
emission standards in the proposed rule would not be practical due to 
lack of equivalency, documentation, and validation data. Ten of the 
remaining candidate VCS are under development or under EPA review. The 
EPA plans to follow, review, and consider adopting these VCS after 
their development and further review by the EPA is completed.
    Two VCS, ASTM D2879-83, Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope; and API Publication 2517, Evaporative Loss 
from External Floating-Roof Tanks, Third Edition, February 1989, were 
already incorporated by reference in 40 CFR 63.14 and are also being 
used in this proposed rule.
    The ASTM D6420-99 is currently under EPA review as an approved 
alternative to Method 18. The EPA will also compare this final ASTM 
standard to methods previously approved as alternatives to EPA Method 
18 with specific applicability limitations. These methods, designated 
as ALT-017 and CTM-028, are available through the EPA's Emission 
Measurement Center internet site at www.epa.gov/ttn/emc/tmethods.html. 
The final ASTM D6420-99 standard is very similar to these approved 
alternative methods, which may be equally suitable for specific 
applications. We plan to continue our review of the final standard and 
will consider adopting the ASTM standard at a later date.
    The EPA is requesting comment on the compliance demonstration 
requirements being proposed in this proposed rule and specifically 
invites the public to identify potentially-applicable VCS. Commenters 
should also explain why this proposed rule should adopt these VCS in 
lieu of the EPA's standards. Emission test methods and performance 
specifications submitted for evaluation should be accompanied by a 
basis for the recommendation, including method validation data and the 
procedure used to validate the candidate method (if a method other than 
Method 301, 40 CFR part 63, appendix A was used).
    Section 63.2406 and Table 5 of the proposed subpart list the EPA 
testing methods and performance standards included in the proposed 
rule. Most of the standards have been used by States and industry for 
more than 10 years. Nevertheless, under Sec. 63.7(f) of subpart A of 40 
CFR part 63, the proposal also allows any State or source to apply to 
the EPA for permission to use an alternative method in place of any of 
the EPA testing methods or performance standards listed in proposed 
subpart EEEE.

[[Page 15688]]

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: March 19, 2002.
Christine Todd Whitman,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be 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.

    2. Section 63.14 is amended by revising paragraphs (b)(3) and 
(c)(1) to read as follows:


Sec. 63.14  Incorporation by reference.

* * * * *
    (b) * * *
    (3) ASTM D2879-83, Standard Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, IBR approved for Sec. 63.111 of subpart G of 
this part and for Sec. 63.2406 of subpart EEEE of this part.
    (c) * * *
    (1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition, February 1989, IBR approved for Sec. 63.111 
of subpart G of this part and for Sec. 63.2406 of subpart EEEE of this 
part.
* * * * *
    3. Part 63 is amended by adding subpart EEEE to read as follows:

Subpart EEEE--National Emission Standards for Hazardous Air 
Pollutants: Organic Liquids Distribution (non-Gasoline)

Sec.

What This Subpart Covers

63.2330  What is the purpose of this subpart?
63.2334  Am I subject to this subpart?
63.2338  What parts of my plant does this subpart cover?
63.2342  When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.2346  What emission limitations and work practice standards must 
I meet?

General Compliance Requirements

63.2350  What are my general requirements for complying with this 
subpart?

Testing and Initial Compliance Requirements

63.2354  By what date must I conduct performance tests or other 
initial compliance demonstrations?
63.2358  When must I conduct subsequent performance tests?
63.2362   What performance tests, design evaluations, and 
performance evaluations must I conduct?
63.2366  What are my monitoring installation, operation, and 
maintenance requirements?
63.2370  How do I demonstrate initial compliance with the emission 
limitations and work practice standards?

Continuous Compliance Requirements

63.2374  How do I monitor and collect data to demonstrate continuous 
compliance?
63.2378  How do I demonstrate continuous compliance with the 
emission limitations and work practice standards?

Notifications, Reports, and Records

63.2382  What notifications must I submit and when?
63.2386  What reports must I submit and when?
63.2390  What records must I keep?
63.2394  In what form and how long must I keep my records?

Other Requirements and Information

63.2398  What parts of the General Provisions apply to me?
63.2402  Who implements and enforces this subpart?
63.2406  What definitions apply to this subpart?
63.2407-.2429   [Reserved]

Tables to Subpart EEEE of Part 63

Table 1 to Subpart EEEE of Part 63--Organic Hazardous Air Pollutants
Table 2 to Subpart EEEE of Part 63--Emission Limits
Table 3 to Subpart EEEE of Part 63--Operating Limits
Table 4 to Subpart EEEE of Part 63--Work Practice Standards
Table 5 to Subpart EEEE of Part 63--Requirements for Performance 
Tests
Table 6 to Subpart EEEE of Part 63--Initial Compliance with Emission 
Limits
Table 7 to Subpart EEEE of Part 63--Initial Compliance with Work 
Practice Standards
Table 8 to Subpart EEEE of Part 63--Continuous Compliance with 
Emission Limits
Table 9 to Subpart EEEE of Part 63--Continuous Compliance with 
Operating Limits
Table 10 to Subpart EEEE of Part 63--Continuous Compliance with Work 
Practice Standards
Table 11 to Subpart EEEE of Part 63--Requirements for Reports
Table 12 to Subpart EEEE of Part 63--Applicability of General 
Provisions to Subpart EEEE

What This Subpart Covers


Sec. 63.2330  What is the purpose of this subpart?

    This subpart establishes national emission limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from 
organic liquids distribution (OLD)(non-gasoline) operations. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations and work practice 
standards.


Sec. 63.2334  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an OLD 
operation that is located at or is part of a major source of hazardous 
air pollutant emissions.
    (b) Your OLD operation must have a total organic liquids throughput 
of 27.6 million liters (7.29 million gallons) per year or more either 
into or out of the operation to be subject to the control provisions of 
this subpart. Organic liquids are all crude oils other than black oil, 
and those liquids or liquid mixtures, except gasoline, that contain a 
total of 5 percent by weight or more of the organic HAP listed in Table 
1 of this subpart.
    (1) An OLD operation is the combination of activities and equipment 
used to transfer organic liquids into or out of a plant site or to 
store organic liquids on the plant site. Gasoline, as well as any fuels 
that are consumed or dispensed on the plant site directly to users 
(such as fuels used for fleet refueling) are not considered organic 
liquids in this subpart.
    (2) A major source of HAP is a plant site that emits or has the 
potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) 
or more per year, or any combination of HAP at a rate of 22.68 
megagrams (25 tons) or more per year.
    (c) This subpart covers:
    (1) Organic liquids distribution operations that occupy an entire 
plant site; and
    (2) Organic liquids distribution operations that are collocated 
with other industrial (e.g., manufacturing) operations at the same 
plant site.


Sec. 63.2338  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
OLD operation affected source.
    (b)(1) The affected source is each entire OLD operation at a plant 
site in any industrial category, except for those emission sources that 
are controlled under the provisions of another 40 CFR

[[Page 15689]]

part 63 national emission standards for hazardous air pollutants 
regulation. The main types of plant sites that either are in themselves 
an OLD operation or contain a collocated OLD operation are:
    (i) Liquid terminal facilities that distribute either organic 
liquids that they own, or organic liquids owned by others on a for-hire 
basis, or a combination of both;
    (ii) Organic chemical manufacturing facilities, petroleum 
refineries, and other industrial facilities that have a collocated OLD 
operation; and
    (iii) Crude oil pipeline pumping stations and breakout stations.
    (2) The following emission sources within OLD operations constitute 
the affected source: Storage tanks storing organic liquids and meeting 
the tank size and liquid vapor pressure cutoffs in Table 2 of this 
subpart; transfer rack loading positions at which organic liquids are 
loaded into cargo tanks (tank trucks or railcars) at or above the 
minimum throughput shown in Table 2 of this subpart; and equipment 
(pumps, valves, etc.) in organic liquids service for at least 300 hours 
per year. In addition, vapor leakage points on cargo tanks while 
loading organic liquids at affected transfer racks are considered part 
of the affected source.
    (c) The provisions of this subpart do not apply to research and 
development facilities, consistent with section 112(b)(7) of the Clean 
Air Act (CAA).
    (d) An affected source is a new affected source if you commenced 
construction of the affected source after April 2, 2002, and you meet 
the applicability criteria in Sec. 63.2334 at the time you commenced 
operation.
    (e) An affected source is reconstructed if you meet the criteria 
for reconstruction as defined in Sec. 63.2.
    (f) An affected source is existing if it is not new or 
reconstructed.


Sec. 63.2342  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to the guidance in paragraphs (a)(1) 
and (2) of this section:
    (1) If you startup your affected source before [the effective date 
of this subpart], you must comply with the emission limitations and 
work practice standards for new and reconstructed sources in this 
subpart no later than [the effective date of this subpart].
    (2) If you startup your affected source after [the effective date 
of this subpart], you must comply with the emission limitations and 
work practice standards for new and reconstructed sources in this 
subpart upon startup of your affected source.
    (b) If you have an existing affected source, you must comply with 
the emission limitations and work practice standards for existing 
sources no later than [3 years after the effective date of the final 
rule].
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP, the 
guidance in paragraphs (c)(1) and (2) of this section applies:
    (1) Any portion of the existing facility that is a new affected 
source or a new reconstructed source must be in compliance with this 
subpart upon startup.
    (2) All other parts of the source must be in compliance with this 
subpart no later than 3 years after it becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.2382(a) 
according to the schedule in Sec. 63.2382(b), (c), (d), and (e) and in 
subpart A of this part. Some of the notifications must be submitted 
before you are required to comply with the emission limitations and 
work practice standards in this subpart.

Emission Limitations and Work Practice Standards


Sec. 63.2346  What emission limitations and work practice standards 
must I meet?

    (a) You must meet each emission limit in Table 2 of this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 3 of this subpart 
that applies to you.
    (c) You must meet each work practice standard in Table 4 of this 
subpart that applies to you.
    (d) As provided in Sec. 63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this 
section. If you apply for permission to use an alternative to the work 
practice standards in this section, you must submit the information 
described in Sec. 63.6(g)(2).

General Compliance Requirements


Sec. 63.2350  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations and 
work practice standards in this subpart at all times, except during 
periods of startup, shutdown, or malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (c) You must develop and implement a written startup, shutdown, and 
malfunction plan (SSMP) according to the provisions in Sec. 63.6(e)(3).

Testing and Initial Compliance Requirements


Sec. 63.2354  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) For existing sources, you must conduct initial performance 
tests and other initial compliance demonstrations no later than the 
compliance date specified in Sec. 63.2342(b).
    (b) For new sources, you must conduct initial performance tests and 
other initial compliance demonstrations according to the provisions in 
Sec. 63.7(a)(2)(i) and (ii).


Sec. 63.2358  When must I conduct subsequent performance tests?

    (a) For cargo tanks equipped with vapor collection equipment that 
load organic liquids at affected transfer rack loading positions, you 
must perform the vapor tightness testing required in Table 5 of this 
subpart on each cargo tank that you own or operate at least once per 
year.
    (b) For nonflare control devices, you must conduct the performance 
testing required in Table 5 of this subpart at any time the EPA 
requests you to in accordance with section 114 of the CAA.


Sec. 63.2362  What performance tests, design evaluations, and 
performance evaluations must I conduct?

    (a) You must conduct each performance test in Table 5 of this 
subpart that applies to you.
    (b) You must conduct each performance test according to the 
requirements in Sec. 63.7(e)(1), using the procedures specified in 
Sec. 63.997(e).
    (c) You must conduct three separate test runs for each performance 
test on a nonflare control device, as specified in Sec. 63.7(e)(3). 
Each test run must last at least 1 hour.
    (d) In addition to Method 25 or 25A of 40 CFR part 60, appendix A, 
to determine compliance with the organic HAP or total organic compounds 
(TOC) emission limit, you may use Method 18 of 40 CFR part 60, appendix 
A. If you use Method 18 to measure compliance with the percentage 
efficiency limit, you must first determine which HAP are present in the 
inlet gas stream (i.e., uncontrolled emissions) using knowledge of the 
organic liquids or the screening procedure described in Method 18. In 
conducting the performance test, you must analyze samples collected as 
specified in

[[Page 15690]]

Method 18, simultaneously at the inlet and outlet of the control 
device. Quantify the emissions for all HAP identified as present in the 
inlet gas stream for both the inlet and outlet gas streams of the 
control device.
    (e) If you use Method 18 of 40 CFR part 60, appendix A, to measure 
compliance with the emission concentration limit, you must first 
determine which HAP are present in the inlet gas stream using knowledge 
of the organic liquids or the screening procedure described in Method 
18. In conducting the performance test, analyze samples collected as 
specified in Method 18 at the outlet of the control device. Quantify 
the control device outlet emission concentration for the same HAP 
identified as present in the inlet or uncontrolled gas stream.
    (f) If a principal component of the uncontrolled or inlet gas 
stream to the control device is formaldehyde, you may use Method 316 of 
appendix A of this part instead of Method 18 of 40 CFR part 60, 
appendix A, for measuring the formaldehyde. If formaldehyde is the 
predominant HAP in the inlet gas stream, you may use Method 316 alone 
to measure formaldehyde either at the inlet and outlet of the control 
device using the formaldehyde control efficiency as a surrogate for 
total organic HAP or TOC efficiency, or at the outlet of a combustion 
device for determining compliance with the emission concentration 
limit.
    (g) You must conduct each design evaluation of a control device 
according to the requirements in Sec. 63.985(b)(1)(i).
    (h) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (i) You must conduct each continuous monitoring system (CMS) 
performance evaluation according to the requirements in Sec. 63.8(e).


Sec. 63.2366  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) You must install, operate, and maintain each continuous 
parameter monitoring system (CPMS) according to the requirements in 
Sec. 63.996. In addition, you must collect and analyze temperature, 
flow, pressure, or pH data according to the requirements in paragraphs 
(a)(1) through (4) of this section:
    (1) To calculate a valid hourly value, you must have at least four 
equally spaced data values (or at least two, if that condition is 
included to allow for periodic calibration checks) for that hour from a 
CMS that is not out of control according to the monitoring plan (e.g., 
one that incorporates elements of appendix F, procedure 1 of 40 CFR 
part 60, appendix F).
    (2) To calculate the average emissions for each averaging period, 
you must have at least 75 percent of the hourly averages for that 
period using only block hourly average values that are based on valid 
data (i.e., not from out-of-control periods).
    (3) Determine the hourly average of all recorded readings.
    (4) Record the results of each inspection, calibration, and 
validation check.
    (b) For each temperature monitoring device, you must meet the 
requirements in paragraphs (a)(1) through (4) and paragraphs (b)(1) 
through (8) of this section:
    (1) Locate the temperature sensor in a position that provides a 
representative temperature.
    (2) For a noncryogenic temperature range, use a temperature sensor 
with a minimum tolerance of 2.2 degrees Celsius or 0.75 percent of the 
temperature value, whichever is greater.
    (3) For a cryogenic temperature range, use a temperature sensor 
with a minimum tolerance of 2.2 degrees Celsius or 2 percent of the 
temperature value, whichever is greater.
    (4) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (5) If a chart recorder is used, it must have a sensitivity in the 
minor division of at least 20 degrees Fahrenheit.
    (6) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owner's manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed near the process temperature sensor must yield a reading 
within 16.7 degrees Celsius of the process temperature sensor's 
reading.
    (7) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range, or install a new temperature sensor.
    (8) At least monthly, inspect all components for integrity and all 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (c) For each flow measurement device, you must meet the 
requirements in paragraphs (a)(1) through (4) and paragraphs (c)(1) 
through (5) of this section:
    (1) Locate the flow sensor and other necessary equipment such as 
straightening vanes in a position that provides a representative flow.
    (2) Use a flow sensor with a minimum tolerance of 2 percent of the 
flow rate.
    (3) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (4) Conduct a flow sensor calibration check at least semiannually.
    (5) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (4) and paragraphs (d)(1) 
through (7) of this section:
    (1) Locate the pressure sensor(s) in a position that provides a 
representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 0.5 inch of water or a 
transducer with a minimum tolerance of 1 percent of the pressure range.
    (4) Check for pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range, or install a 
new pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (e) For each pH measurement device, you must meet the requirements 
in paragraphs (a)(1) through (4) and paragraphs (e)(1) through (4) of 
this section:
    (1) Locate the pH sensor in a position that provides a 
representative measurement of pH.
    (2) Ensure that the sample is properly mixed and representative of 
the fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8 
hours of process operation.
    (4) At least monthly, inspect all components for integrity and all 
electrical connections for continuity.


Sec. 63.2370  How do I demonstrate initial compliance with the emission 
limitations and work practice standards?

    (a) You must demonstrate initial compliance with each emission 
limit and work practice standard that applies to you according to 
Tables 6 and 7 of this subpart.
    (b) You must establish each site-specific operating limit in Table 
3 of

[[Page 15691]]

this subpart that applies to you according to the requirements in 
Sec. 63.2362 and Table 5 of this subpart.
    (c) You must submit the Notification of Compliance Status 
containing the results of the initial compliance demonstration 
according to the requirements in Sec. 63.2382(e).

Continuous Compliance Requirements


Sec. 63.2374  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, or required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels, nor may such data be used in fulfilling a minimum data 
availability requirement, if applicable. You must use all of the data 
collected during all other periods in assessing the operation of the 
control device and associated control system.


Sec. 63.2378  How do I demonstrate continuous compliance with the 
emission limitations and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limitation and work practice standard in Tables 2 through 4 of this 
subpart that applies to you according to the methods specified in 
Tables 8, 9, and 10 of this subpart.
    (b) You must report each instance in which you did not meet any 
emission limit or operating limit in Tables 8 and 9 of this subpart 
that applies to you. This includes periods of startup, shutdown, or 
malfunction. You must also report each instance in which you did not 
meet the requirements in Table 10 of this subpart that apply to you. 
These instances are deviations from the emission limitations and work 
practice standards in this subpart. These deviations must be reported 
according to the requirements in Sec. 63.2386.
    (c) During periods of startup, shutdown, or malfunction, you must 
operate in accordance with your SSMP.
    (d) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that 
occur during a period of startup, shutdown, or malfunction are not 
violations if you make an adequate demonstration that you were 
operating in accordance with the SSMP. We will determine whether 
deviations that occur during a period of startup, shutdown, or 
malfunction are violations according to the provisions in Sec. 63.6(e).

Notifications, Reports, and Records


Sec. 63.2382  What notifications must I submit and when?

    (a) You must submit all of the notifications in Secs. 63.7(b) and 
(c), 63.8(e), (f)(4) and (6), and 63.9(b) through (h) that apply to 
you.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before [the effective date of this subpart], you must submit an 
Initial Notification no later than 120 calendar days after [the 
effective date of this subpart].
    (c) As specified in Sec. 63.9(b)(3), if you startup your new or 
reconstructed affected source on or after [the effective date], you 
must submit an Initial Notification no later than 120 days after 
initial startup.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct the test at least 60 
calendar days before it is scheduled to begin as required in 
Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test or other 
initial compliance demonstration as specified in Table 5, 6, or 7 of 
this subpart, you must submit a Notification of Compliance Status 
according to Sec. 63.9(h)(2)(ii).
    (1) For each initial compliance demonstration required in Table 5, 
6, or 7 of this subpart that does not include a performance test, you 
must submit the Notification of Compliance Status before the close of 
business on the 30th calendar day following the completion of the 
initial compliance demonstration.
    (2) For each initial compliance demonstration required in Table 5, 
6, or 7 of this subpart that includes a performance test conducted 
according to the requirements in Table 5 of this subpart, you must 
submit the Notification of Compliance Status, including the performance 
test results, before the close of business on the 60th calendar day 
following the completion of the performance test according to 
Sec. 63.10(d)(2).


Sec. 63.2386  What reports must I submit and when?

    (a) You must submit each report in Table 11 of this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the date in Table 11 of this subpart and according to the 
requirements in paragraphs (b)(1) through (5) of this section:
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in 
Sec. 63.2342 and ending on June 30 or December 31, whichever date is 
the first date following the end of the first calendar half after the 
compliance date that is specified for your source in Sec. 63.2342.
    (2) The first compliance report must be postmarked no later than 
July 31 or January 31, whichever date follows the end of the first 
calendar half after the compliance date that is specified for your 
affected source in Sec. 63.2342.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked no later 
than July 31 or January 31, whichever date is the first date following 
the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71, if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to 40 CFR 70.6(3)(iii)(A) or 71.6(3)(iii)(A), you may submit 
the first and subsequent compliance reports according to the dates the 
permitting authority has established instead of according to the dates 
in paragraphs (b)(1) through (4) of this section.
    (c) The compliance report must contain the information in 
paragraphs (c)(1) through (7) of this section:
    (1) Company name and address.
    (2) Statement by a responsible official, including the official's 
name, title, and signature, certifying that, based on information and 
belief formed after reasonable inquiry, the statements and information 
in the report are true, accurate, and complete.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) Any changes to the information listed in paragraph (d) of this 
section that have occurred since the last report.
    (5) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your SSMP, the 
compliance report must include the information described in 
Sec. 63.10(d)(5)(i).
    (6) If there are no deviations from any emission limitation 
(emission limit or operating limit) that applies to you and there are 
no deviations from the requirements for work practice

[[Page 15692]]

standards in Table 10 of this subpart, a statement that there were no 
deviations from the emission limitations or work practice standards 
during the reporting period.
    (7) If there were no periods during which the CMS was out of 
control as specified in Sec. 63.8(c)(7), a statement that there were no 
periods during which the CMS was out of control during the reporting 
period.
    (d) The first compliance report must contain the information in 
paragraphs (c)(1) through (7) of this section and also the information 
in paragraphs (d)(1) through (5) of this section:
    (1) A listing of the organic liquids stored or transferred at the 
facility during the previous 6 months, including for each liquid the 
information in paragraphs (d)(1)(i) through (iv) of this section:
    (i) Liquid name;
    (ii) Total weight percentage of the organic HAP in Table 1 of this 
subpart;
    (iii) Annual average true vapor pressure; and
    (iv) Total throughput into and out of the facility.
    (2) An inventory of all storage tanks at the facility that stored 
organic liquids during the previous 6 months, including for each tank 
the information in paragraphs (d)(2)(i) through (iv) of this section:
    (i) Tank ID code and capacity;
    (ii) Tank roof configuration, rim seal type(s), and description of 
floating deck fittings, as applicable;
    (iii) Name of organic liquid(s) stored in the tank; and
    (iv) Control device in use for each fixed-roof tank, where 
applicable.
    (3) A listing of all transfer rack loading positions that 
transferred organic liquids into cargo tanks during the previous 6 
months, including for each loading position the information in 
paragraphs (d)(3)(i) through (iii) of this section:
    (i) ID code;
    (ii) Organic liquids name(s) and throughput(s); and
    (iii) Control device in use at each position, where applicable.
    (4) A listing of all cargo tanks (tank trucks and railcars) that 
loaded organic liquids at affected transfer rack loading positions 
during the previous 6 months, including the type of cargo tank, owner, 
ID number, and date and test method for the most recent vapor tightness 
test.
    (5) A listing of all equipment in organic liquids service during 
the previous 6 months, including for each component the information in 
paragraphs (d)(5)(i) through (iv) of this section:
    (i) ID code;
    (ii) Facility plan drawing showing the equipment location;
    (iii) An estimate of the number of hours that the component 
operated in organic liquids service during the reporting period; and
    (iv) Method of compliance with the standard (e.g., ``leak detection 
and repair monitoring'' or ``equipped with dual mechanical seals''), if 
applicable.
    (e) For each deviation from an emission limitation (emission limit 
or operating limit) occurring at an affected source where you are using 
a CMS to comply with an emission limitation in this subpart, you must 
include the information in paragraphs (c)(1) through (4) and paragraphs 
(e)(1) through (12) of this section. This includes periods of startup, 
shutdown, or malfunction.
    (1) The date and time that each malfunction started and stopped.
    (2) The date and time that each CMS was inoperative, except for 
zero (low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out of control, 
including the information in Sec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, 
or malfunction, or during another period.
    (5) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percentage of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period and the total duration of CMS downtime as a percentage 
of the total source operating time during that reporting period.
    (8) An identification of each HAP that was potentially emitted 
during the deviation.
    (9) A brief description of the process at which the CMS deviation 
occurred.
    (10) A brief description of the CMS.
    (11) The date of the latest CMS certification or audit.
    (12) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (f) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 71 must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If an affected source 
submits a compliance report pursuant to Table 11 of this subpart along 
with, or as part of, the semiannual monitoring report required by 40 
CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and the compliance report 
includes all required information concerning deviations from any 
emission limitation (including any operating limit or work practice 
standard) requirement in this subpart, we will consider submission of 
the compliance report as satisfying any obligation to report the same 
deviations in the semiannual monitoring report. However, submission of 
a compliance report will not otherwise affect any obligation the 
affected source may have to report deviations from permit requirements 
to the permitting authority.


Sec. 63.2390  What records must I keep?

    (a) You must keep records as described in paragraphs (a)(1) through 
(3) of this section:
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec. 63.10(b)(1) and 
(2)(xiv).
    (2) The records in Secs. 63.6(e)(3)(iii) through (v) and 
63.10(b)(2)(i)(v) related to startups, shutdowns, and malfunctions.
    (3) Results of performance tests.
    (b) For each CMS, you must keep records as described in paragraphs 
(b)(1) and (2) of this section:
    (1) Records described in Sec. 63.10(b)(2)(vi) through (xi) that 
apply to your CMS.
    (2) Performance evaluation plans, including previous (i.e., 
superseded) versions of the plan as required in Sec. 63.8(d)(3).
    (c) You must keep the records required in Tables 8, 9, and 10 of 
this subpart to show continuous compliance with each emission 
limitation and work practice standard that applies to you.


Sec. 63.2394  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious inspection and review according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep your files of 
all information (including all reports and notifications) for at least 
5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after 
the date of each

[[Page 15693]]

occurrence, measurement, maintenance, corrective action, report, or 
record, according to Sec. 63.10(b)(1). You may keep the records offsite 
for the remaining 3 years.

Other Requirements and Information


Sec. 63.2398  What parts of the General Provisions apply to me?

    Table 12 of this subpart shows which parts of the General 
Provisions in Secs. 63.1 through 63.15 apply to you.


Sec. 63.2402  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the EPA or a 
delegated authority such as your State, local, or tribal agency. If the 
EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, as well as the EPA, has the authority 
to implement and enforce this subpart. You should contact your EPA 
Regional Office (see list in Sec. 63.13) to find out if this subpart is 
delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority for this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of the EPA and are not delegated to the 
State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are described in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the nonopacity emission limitations 
and work practice standards in Sec. 63.2346(a) through (c) under 
Sec. 63.6(g).
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.


Sec. 63.2406  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec. 63.2, 
and in this section. If the same term is defined in another subpart and 
in this section, it will have the meaning given in this section for 
purposes of this subpart.
    Annual average true vapor pressure, as used in this subpart, means 
the total vapor pressure exerted by a stored or transferred organic 
liquid at the temperature equal to the annual average of the local 
(nearest) average monthly temperatures reported by the National Weather 
Service. This temperature is the arithmetic average of the 12 monthly 
average temperatures for each calendar year at each affected source and 
is recalculated at the end of each year. The vapor pressure value is 
determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss from External Floating-
Roof Tanks (incorporated by reference as specified in Sec. 63.14);
    (2) Using standard reference texts;
    (3) By the American Society for Testing and Materials Method D2879-
83 (incorporated by reference as specified in Sec. 63.14); or
    (4) Using any other method that the EPA approves.
    API gravity means the weight per unit volume of hydrocarbon liquids 
as measured by a system recommended by the American Petroleum Institute 
(API) and is expressed in degrees.
    Black oil means hydrocarbon (petroleum) liquid with a gas-to-oil 
ratio less than 0.31 cubic meters per liter (41.4 cubic feet per 
gallon) and an API gravity less than 40 degrees, measured at the point 
of entry to the distribution system.
    Capacity means the volume of liquid that is capable of being stored 
in a storage tank, determined by multiplying the tank's internal cross-
sectional area by the internal height of the shell.
    Cargo tank means a tank truck or railcar into which organic liquids 
are loaded at an OLD operation transfer rack.
    Closed vent system means a system that is not open to the 
atmosphere and is composed of piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport gas or vapors from an 
emission point to a control device. This system does not include the 
vapor collection system that is part of some tank trucks and railcars 
or the loading arm or hose that is used for vapor return. For transfer 
racks, the closed vent system begins at, and includes, the first block 
valve on the downstream side of the loading arm or hose used to convey 
displaced vapors.
    Combustion device means an individual unit of equipment, such as a 
flare, incinerator, process heater, or boiler, used for the combustion 
of organic emissions.
    Control device, as used in this subpart, means any combustion 
device, recovery device, recapture device, or any combination of these 
devices used to comply with this subpart. Such equipment or devices 
include, but are not limited to, absorbers, adsorbers, condensers, 
incinerators, flares, boilers, and process heaters. Primary condensers, 
steam strippers, or fuel gas systems are not considered control 
devices.
    Crude oil, as used in this subpart, means any of the naturally 
occurring liquids commonly referred to as crude oil, other than black 
oil, regardless of specific physical properties.
    Crude oil pipeline breakout station plant site means a facility 
along a pipeline containing storage tanks and equipment used to 
temporarily store crude oil from the pipeline. Breakout stations may 
also contain booster pumps used to move the crude oil along the 
pipeline. These facilities are downstream of the point of custody 
transfer.
    Crude oil pipeline pumping station plant site means a facility 
along a pipeline containing equipment (i.e., booster pumps, etc.) used 
to sustain the movement of crude oil through the pipeline. Pumping 
stations may also contain crude oil breakout storage tanks. These 
facilities are downstream of the point of custody transfer.
    Custody transfer means the transfer of hydrocarbon liquids, after 
processing and/or treatment in the producing operations, from storage 
tanks or automatic transfer facilities to pipelines or any other forms 
of transportation.
    Design evaluation means a procedure for evaluating control devices 
that complies with the requirements in Sec. 63.985(b)(1)(i).
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation 
(including any operating limit) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart, and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless of whether or not such failure is 
permitted by this subpart.
    Emission limitation means an emission limit, opacity limit, 
operating limit, or visible emission limit.
    Equipment means each pump, valve, and sampling connection system 
used in organic liquids service at an OLD operation.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol

[[Page 15694]]

blend having a Reid vapor pressure of 27.6 kilopascals (4.0 psia) or 
greater which is used as a fuel for internal combustion engines. 
Aviation gasoline is included in this definition.
    Gas-to-oil ratio means the number of standard cubic meters of gas 
produced per liter of crude oil or other hydrocarbon liquid.
    In organic liquids service means that a piece of equipment contains 
or contacts organic liquids having 5 percent by weight or greater of 
the organic HAP listed in Table 1 of this subpart.
    Organic liquid, as used in this subpart, means:
    (1) Crude oil; or
    (2) Any liquid or liquid mixture that contains a total of 5 percent 
by weight or more of the organic HAP listed in Table 1 of this subpart, 
as determined using Method 18 of 40 CFR part 60, appendix A, or any 
other method approved by the Administrator. Any fuels consumed or 
dispensed directly to users on the plant site and all gasoline are 
excluded from the definition.
    Organic liquids distribution (OLD) operation means the activities 
and equipment used to transfer organic liquids into or out of a plant 
site. It also includes storage of distributed organic liquids on the 
site. The OLD operation can be those activities performed at a 
dedicated distribution plant site, or it may be collocated in a plant 
site at which manufacturing operations are carried out.
    Permitting authority means one of the following:
    (1) The State air pollution control agency, local agency, or other 
agency authorized by the EPA Administrator to carry out a permit 
program under part 70 of this chapter; or
    (2) The EPA Administrator, in the case of EPA-implemented permit 
programs under title V of the CAA (42 U.S.C. 7661) and part 71 of this 
chapter.
    Plant site, as used in this subpart, means all contiguous or 
adjoining property that is under common control, including properties 
that are separated only by a road or other public right-of-way. Common 
control includes properties that are owned, leased, or operated by the 
same entity, parent entity, subsidiary, or any combination.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and which are not 
engaged in the manufacture of products for commercial sale, except in a 
de minimis manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Shutdown means the cessation of operation of a regulated source and 
equipment required or used to comply with this subpart, or the emptying 
and degassing of a storage tank. Shutdown as defined in this section 
includes, but is not limited to, events that result from periodic 
maintenance, replacement of equipment, or repair.
    Storage tank, as used in this subpart, means a stationary unit that 
is constructed primarily of nonearthen materials (such as wood, 
concrete, steel, or reinforced plastic) that provide structural support 
and is designed to hold a bulk quantity of liquid. Storage tanks do not 
include:
    (1) Vessels permanently attached to conveyances such as trucks, 
railcars, barges, or ships;
    (2) Bottoms receiver tanks;
    (3) Surge control vessels;
    (4) Vessels storing wastewater; or
    (5) Reactor vessels associated with a manufacturing process unit.
    Transfer rack means a single system used to load organic liquids 
into bulk cargo tanks mounted on or in a truck, truck trailer, or 
railcar. It includes all loading arms, pumps, meters, shutoff valves, 
relief valves, and other piping and equipment necessary for the 
transfer operation. Transfer equipment and operations that are 
physically separate (i.e., do not share common piping, valves, and 
other equipment) are considered to be separate transfer racks.
    Transfer rack loading position means an individual tank truck or 
railcar parking spot at a transfer rack. An affected loading position 
is one at which 11.8 million liters (3.12 million gallons) per year or 
more of organic liquids are transferred into a combination of tank 
trucks and railcars.
    Vapor-tight cargo tank means a cargo tank liquid delivery tank that 
has been demonstrated to be vapor-tight. To be considered vapor-tight, 
a cargo tank equipped with vapor collection equipment must undergo a 
pressure change of no more than 250 pascals (1 inch of water) within 5 
minutes after it is pressurized to 4,500 pascals (18 inches of water). 
This capability must be demonstrated annually using the procedures 
specified in Method 27 of 40 CFR part 60, appendix A. For all other 
cargo tanks, vapor tightness is demonstrated by performing the U.S. 
Department of Transportation pressure test procedures for tank cars and 
cargo tanks.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

Tables to Subpart EEEE of Part 63

  Table 1 to Subpart EEEE of Part 63--Organic Hazardous Air Pollutants
 [As stated in Sec.  63.2334(b), you must use the information listed in
the following table to determine if the liquids handled at your facility
           contain at least 5 percent by weight of these HAP]
------------------------------------------------------------------------
                     Compound name                         CAS No.\a\
------------------------------------------------------------------------
Acetaldehyde..........................................           75-07-0
Acetonitrile..........................................           75-05-8
Acrolein..............................................          107-02-8
Acrylic acid..........................................           79-10-7
Acrylonitrile.........................................          107-13-1
Allyl chloride........................................          107-05-1
Benzene...............................................           71-43-2
Bis (chloromethyl) ether..............................          542-88-1
Bromoform.............................................           75-25-2
Butadiene (1,3-)......................................          106-99-0
Carbon disulfide......................................           75-15-0
Carbon tetrachloride..................................           56-23-5
Chlorobenzene.........................................          108-90-7
2-Chloro-1,3-butadiene (Chloroprene)..................          126-99-8
Chloroform............................................           67-66-3
Cumene................................................           98-82-8

[[Page 15695]]

 
Dichloroethane (1,2-) (Ethylene dichloride) (EDC).....          107-06-2
Dichloroethylether (Bis(2-chloroethyl)ether)..........          111-44-4
Dichloropropene (1,3-)................................          542-75-6
Diethylene glycol monobutyl ether.....................          112-34-5
Diethylene glycol monomethyl ether....................          111-77-3
Dimethylhydrazine (1,1-)..............................           57-14-7
Dioxane (1,4-) (1,4-Diethyleneoxide)..................          123-91-1
Epichlorohydrin (1-Chloro-2,3-epoxypropane)...........          106-89-8
Epoxybutane (1,2-)....................................          106-88-7
Ethyl acrylate........................................          140-88-5
Ethylbenzene..........................................          100-41-4
Ethyl chloride (Chloroethane).........................           75-00-3
Ethylene dibromide (Dibromomethane)...................          106-93-4
Ethylene glycol dimethyl ether........................          110-71-4
Ethylene glycol monomethyl ether......................          109-86-4
Ethylene glycol monomethyl ether acetate..............          110-49-6
Ethylene glycol monophenyl ether......................          122-99-6
Ethylene oxide........................................           75-21-8
Ethylidene dichloride (1,1-Dichloroethane)............           75-34-3
Formaldehyde..........................................           50-00-0
Hexane................................................          110-54-3
Hydrazine.............................................          302-01-2
Methanol..............................................           67-56-1
Methyl bromide (Bromomethane).........................           74-83-9
Methyl chloride (Chloromethane).......................           74-87-3
Methylene chloride (Dichloromethane)..................           75-09-2
Methyl ethyl ketone (2-Butanone) (MEK)................           78-93-3
Methyl hydrazine......................................           60-34-4
Methyl isobutyl ketone (Hexone) (MIBK)................          108-10-1
Methyl isocyanate.....................................          624-83-9
Methyl methacrylate...................................           80-62-6
Methyl tert-butyl ether (MTBE)........................         1634-04-4
Nitropropane (2-).....................................           79-46-9
Phosgene..............................................           75-44-5
Propionaldehyde.......................................          123-38-6
Propylene dichloride (1,2-Dichloropropane)............           78-87-5
Propylene oxide.......................................           75-56-9
Styrene...............................................          100-42-5
Tetrachloroethane (1,1,2,2-)..........................           79-34-5
Tetrachloroethylene (Perchloroethylene)...............          127-18-4
Toluene...............................................          108-88-3
Trichloroethane (1,1,1-) (Methyl chloroform)..........           71-55-6
Trichloroethane (1,1,2-) (Vinyl trichloride)..........           79-00-5
Trichloroethylene.....................................           79-01-6
Triethylamine.........................................          121-44-8
Trimethylpentane (2,2,4-).............................          540-84-1
Vinyl acetate.........................................          108-05-4
Vinyl chloride (Chloroethylene).......................           75-01-4
Vinylidene chloride (1,1-Dichloroethylene)............           75-35-4
Xylene (m-)...........................................          108-38-3
Xylene (o-)...........................................           95-47-6
Xylene (p-)...........................................          106-42-3
Xylenes (isomers and mixtures)........................         1330-20-7
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Services registry number
  assigned to specific compounds, isomers, or mixtures of compounds.


[[Page 15696]]


                               Table 2 to Subpart EEEE of Part 63--Emission Limits
    [As stated in  63.2338(b)(2) and 63.2346(a), you must comply with the emission limits for organic liquid
                              distribution affected sources in the following table]
----------------------------------------------------------------------------------------------------------------
      If you own or operate * * *                And if * * *                      Then you must * * *
----------------------------------------------------------------------------------------------------------------
1. A storage tank at an existing        a. The annual average true      i. Reduce emissions of total organic HAP
 affected source with a capacity 75 cubic meters (20,000          organic liquid is 13.1 kilopascals (1.9        concentration of 20 parts per million
 gallons).                               psia) and 76.6 kilopascals      by volume, on a dry basis, corrected to
                                         (11.1 psia).                    3% oxygen) by venting emissions through
                                                                         a closed vent system to any combination
                                                                         of control devices meeting the
                                                                         requirements of subpart SS of this
                                                                         part, as specified in Secs.
                                                                         63.982(a)(1) and (f), 63.983, 63.984,
                                                                         63.985, 63.987, 63.988, 63.990, and
                                                                         63.995; or
                                                                        ii. Comply with the work practice
                                                                         standards specified in Table 4, item 1
                                                                         of this subpart.
2. A storage tank at an existing        The annual average true vapor   Same as item 1 of Table 2 of this
 affected source with a capacity 151 cubic meters (40,000         organic liquid is 5.2 kilopascals (0.75
                                         psia).
3. A storage tank at a new affected     The annual average true vapor   Same as item 1 of Table 2 of this
 source with a capacity 38    pressure of the stored          subpart.
 cubic meters (10,000 gallons) and 151   organic liquid is 13.1 kilopascals (1.9
                                         psia) and 76.6 kilopascals
                                         (11.1 psia).
4. A storage tank at a new affected     The annual average true vapor   Same as item 1 of Table 2 of this
 source with a capacity 151   pressure of the stored          subpart.
 cubic meters (40,000 gallons).          organic liquid is 0.7 kilopascals (0.1 psia).
5. A transfer rack....................  a. The transfer rack loads at   i. Reduce emissions of total organic HAP
                                         any loading position 11.8 million liters (3.12    position by 95 weight-percent (or, for
                                         million gallons) per year of    combustion devices, to an exhaust
                                         organic liquids into a          concentration less than or equal to 20
                                         combination of tank trucks      parts per million by volume, on a dry
                                         and railcars.                   basis, corrected to 3% oxygen) by
                                                                         venting emissions through a closed vent
                                                                         system to any combination of control
                                                                         devices meeting the requirements of
                                                                         subpart SS of this part, as specified
                                                                         in Secs.  63.982(a)(3)(ii) and (f),
                                                                         63.983, 63.984, 63.987, 63.988, 63.990,
                                                                         63.995, and 63.997; and
                                                                        ii. Comply with the work practice
                                                                         standards specified in Table 4, item 2
                                                                         of this subpart.
----------------------------------------------------------------------------------------------------------------


          Table 3 to Subpart EEEE of Part 63--Operating Limits
   [As stated in  63.2346(b) and 63.2370(b), you must comply with the
operating limits for organic liquid distribution affected sources in the
                            following table]
------------------------------------------------------------------------
             For * * *                         You must * * *
------------------------------------------------------------------------
1. Each existing and each new       Maintain the hourly average firebox
 affected source using a thermal     temperature greater than or equal
 oxidizer to comply with an          to the reference temperature
 emission limit in Table 2 of this   established during the design
 subpart.                            evaluation or performance test.
2. Each existing and each new       a. Replace the existing catalyst bed
 affected source using a catalytic   with a bed that meets the
 oxidizer to comply with an          replacement specifications
 emission limit in Table 2 of this   established during the design
 subpart.                            evaluation or performance test
                                     before the age of the bed exceeds
                                     the maximum allowable age
                                     established during the design
                                     evaluation or performance test; and
                                    b. Maintain the hourly average
                                     temperature at the inlet of the
                                     catalyst bed greater than or equal
                                     to the reference temperature
                                     established during the design
                                     evaluation or performance test; and
                                    c. Maintain the hourly average
                                     temperature difference across the
                                     catalyst bed greater than or equal
                                     to the minimum temperature
                                     difference established during the
                                     design evaluation or performance
                                     test.
3. Each existing and each new       Maintain the hourly average
 affected source using a condenser   condenser exit temperature less
 to comply with an emission limit    than or equal to the reference
 in Table 2 of this subpart.         temperature established during the
                                     design evaluation or performance
                                     test.
4. Each existing and each new       a. Replace the existing adsorbent in
 affected source using an            each segment of the bed with an
 adsorption system with adsorbent    adsorbent that meets the
 regeneration to comply with an      replacement specifications
 emission limit in Table 2 of this   established during the design
 subpart.                            evaluation or performance test
                                     before the age of the adsorbent
                                     exceeds the maximum allowable age
                                     established during the design
                                     evaluation or performance test; and
                                    b. Maintain the frequency of
                                     regeneration greater than or equal
                                     to the reference frequency
                                     established during the design
                                     evaluation or performance test; and
                                    c. Maintain the total regeneration
                                     stream mass flow during the
                                     adsorption bed regeneration cycle
                                     greater than or equal to the
                                     reference stream mass flow
                                     established during the design
                                     evaluation or performance test; and
                                    d. Maintain the temperature of the
                                     adsorption bed during regeneration
                                     (except during the cooling cycle)
                                     greater than or equal to the
                                     reference temperature established
                                     during the design evaluation or
                                     performance test; and

[[Page 15697]]

 
                                    e. Maintain the temperature of the
                                     adsorption bed after regeneration
                                     (and within 15 minutes after
                                     completing any cooling cycle) less
                                     than or equal to the reference
                                     temperature established during the
                                     design evaluation or performance
                                     test.
5. Each existing and each new       a. Replace the existing adsorbent in
 affected source using an            each segment of the bed with an
 adsorption system without           adsorbent that meets the
 adsorbent regeneration to comply    replacement specifications
 with an emission limit in Table 2   established during the design
 of this subpart.                    evaluation or performance test
                                     before the age of the adsorbent
                                     exceeds the maximum allowable age
                                     established during the design
                                     evaluation or performance test; and
                                    b. Maintain the temperature of the
                                     adsorption bed less than or equal
                                     to the reference temperature
                                     established during the design
                                     evaluation or performance test.
6. Each existing and each new       a. Comply with the equipment and
 affected source using a flare to    operating requirements in Sec.
 comply with an emission limit in    63.987(a); and
 Table 2 of this subpart.           b. Conduct an initial flare
                                     compliance assessment in accordance
                                     with Sec.  63.987(b); and
                                    c. Install and operate monitoring
                                     equipment as specified in Sec.
                                     63.987(c).
------------------------------------------------------------------------


       Table 4 to Subpart EEEE of Part 63--Work Practice Standards
 [As stated in Sec.  63.2346(c), you must comply with the work practice
    standards for organic liquid distribution affected sources in the
                            following table]
------------------------------------------------------------------------
          For each * * *                       You must * * *
------------------------------------------------------------------------
1. Storage tank at an existing or   As an alternative to the emission
 new affected source meeting any     limit in Table 2 of this subpart,
 set of capacity and vapor           comply with the requirements of
 pressure limits specified in        subpart WW (control level 2) of
 Table 2, items 1-4 of this          this part.
 subpart.
2. Transfer rack affected loading   a. For cargo tanks equipped with
 position at an existing or new      vapor collection equipment, ensure
 affected source that meets the      that organic liquids are loaded
 throughput cutoff specified in      only into cargo tanks that have
 Table 2, item 5 of this subpart.    been demonstrated, using EPA Method
                                     27, 40 CFR part 60, appendix A
                                     within the last 12 months, to be
                                     vapor-tight (i.e., will undergo a
                                     pressure change of not more than
                                     250 pascals (1 inch of water)
                                     within 5 minutes after being
                                     pressurized to 4,500 pascals (18
                                     inches of water)). Follow the steps
                                     outlined in 40 CFR 60.502(e) for
                                     these equipped cargo tanks. The
                                     required vapor tightness
                                     documentation is described in 40
                                     CFR 60.505(b); and
                                    b. For cargo tanks without vapor
                                     collection equipment, ensure that
                                     organic liquids are loaded only
                                     into cargo tanks that have a
                                     current certification in accordance
                                     with the U.S. DOT pressure test
                                     requirements; and
                                    c. Comply with the provisions in 40
                                     CFR 60.502(d), (f), (g), (h), and
                                     (i) for the equipped cargo tanks
                                     described in item 2.a in Table 4 of
                                     this subpart.
3. Piece of equipment, as defined   Comply with the requirement of
 under 63.2406, of this subpart,     subpart TT (control level 1) or
 that operates in organic liquids    subpart UU (control level 2) of
 service  300 hours per   this part.
 year.
------------------------------------------------------------------------


                     Table 5 to Subpart EEEE of Part 63--Requirements for Performance Tests
 [As stated in  63.2358 and 63.2362(a), you must comply with the requirements for performance tests for existing
                                 or new affected sources in the following table]
----------------------------------------------------------------------------------------------------------------
                                  You must conduct a                                           According to the
            For * * *             performance test *      Using * * *     To determine * * *       following
                                          * *                                                 requirements * * *
----------------------------------------------------------------------------------------------------------------
1. Each existing and each new     a. To determine     i. Method 1 or 1A   (1) Sampling port   (A) Sampling sites
 affected source using a           the organic HAP     in appendix A of    locations and the   must be located
 nonflare control device to        or TOC control      40 CFR part 60,     required number     at the inlet and
 comply with an emission limit     efficiency of       as appropriate.     of traverse         outlet of each
 in Table 2 of this subpart.       each nonflare                           points.             control device
                                   control device,                                             and prior to any
                                   or the exhaust                                              releases to the
                                   concentration of                                            atmosphere; and
                                   each combustion                                            (B) Sampling sites
                                   device.                                                     must be located
                                                                                               at the outlet of
                                                                                               each control
                                                                                               device and prior
                                                                                               to any releases
                                                                                               to the
                                                                                               atmosphere.
                                                      ii. Method 2, 2A,   Stack gas velocity  See the
                                                       2C, 2D, 2F, or 2G   and volumetric      requirement in
                                                       in appendix A of    flow rate..         item 1.a.i.(1)(A)
                                                       40 CFR part 60,                         and (B) of this
                                                       as appropriate.                         table.
                                                      iii. Method 3 or    Concentration of    See the
                                                       3B in appendix A    CO2 and O2 and      requirement in
                                                       of 40 CFR part      dry molecular       item 1.a.i.(1)(A)
                                                       60, as              weight of the       and (B) of this
                                                       appropriate.        stack gas.          table.
                                                      iv. Method 4 in     Moisture content    See the
                                                       appendix A of 40    of the stack gas.   requirement in
                                                       CFR part 60.                            item 1.a.i.(1)(A)
                                                                                               and (B) of this
                                                                                               table.

[[Page 15698]]

 
                                                      v. Method 18, 25,   (1) Total organic   (A) The organic
                                                       or 25A in           HAP or TOC, or      HAP used for the
                                                       appendix A of 40    formaldehyde        calibration gas
                                                       CFR part 60, as     emissions.          for Method 25A
                                                       appropriate, or                         must be the
                                                       Method 316 in                           single organic
                                                       appendix A of 40                        HAP representing
                                                       CFR part 63 for                         the largest
                                                       measuring                               percent by volume
                                                       formaldehyde.                           of emissions; and
                                                                                              (B) during the
                                                                                               performance test
                                                                                               or a design
                                                                                               evaluation, you
                                                                                               must establish
                                                                                               the operating
                                                                                               parameter limits
                                                                                               within which
                                                                                               total organic HAP
                                                                                               or TOC emissions
                                                                                               are reduced by at
                                                                                               least 95 weight-
                                                                                               percent or to 20
                                                                                               ppmv exhaust
                                                                                               concentration
2. Each cargo tank that you own   To determine the    Method 27 in        Vapor tightness...  The pressure
 that loads at an existing or      vapor tightness     appendix A of 40                        change in the
 new affected transfer rack        of the tank and     CFR part 60.                            tank must be no
 loading position and equipped     repair as needed                                            more than 250
 with vapor collection equipment.  until it passes                                             pascals (1 inch
                                   the test.                                                   of water) in 5
                                                                                               minutes after it
                                                                                               is pressurized to
                                                                                               4,500 pascals (18
                                                                                               inches of water).
----------------------------------------------------------------------------------------------------------------


                   Table 6 to Subpart EEEE of Part 63--Initial Compliance With Emission Limits
[As stated in  63.2370(a) and 63.2382(e), you must show initial compliance with the emission limits for existing
                            or new affected sources according to the following table]
----------------------------------------------------------------------------------------------------------------
                                                                 You have demonstrated
            For each * * *                For the following     initial compliance if *          By * * *
                                        emission  limit * * *             * *
----------------------------------------------------------------------------------------------------------------
1. Storage tank at an existing         a. Reduce total organic  i. Total organic HAP or  3 years after
 affected source meeting either set     HAP or TOC emissions     TOC emissions, based     [publication date of
 of capacity and vapor pressure         by at least 95 weight-   on the results of the    final rule in the FR].
 limits specified in Table 2, items 1   percent, or to an        performance testing
 and 2 of this subpart.                 exhaust concentration    specified in Table 5
                                        of 20 ppmv.   of this subpart, are
                                                                 reduced by at least 95
                                                                 weight-percent or to
                                                                 an exhaust
                                                                 concentration of 20 ppmv.
2. Storage tank at a new affected      See the emission limit   See the compliance       The initial startup
 source meeting either set of           in item 1.a. of this     demonstration in item    date for the affected
 capacity and vapor pressure limits     table.                   1.a.i. of this table.    source.
 specified in Table 2, items 3 and 4
 of this subpart.
3. Transfer rack loading position at   See the emission limit   See the compliance       3 years after
 an existing affected source meeting    in item 1.a.i.(1)(A)     demonstration in item    [publication date of
 the throughput level for organic       and (B) of this table.   1.a.i.(1)(A) and (B)     final rule in the FR].
 liquids specified in Table 2, item 5                            of this table.
 of this subpart.
4. Transfer rack loading position at   See the emission limit   See the compliance       The initial startup
 a new affected source meeting the      in item 1.a.i.(1)(A)     demonstration item       date for the affected
 throughput level for organic liquids   and (B) of this table.   1.a.i.(1)(A) and (B)     source.
 specified in Table 2, item 5 of this                            of this table.
 subpart.
----------------------------------------------------------------------------------------------------------------


[[Page 15699]]


               Table 7 to Subpart EEEE of Part 63--Initial Compliance With Work Practice Standards
 [As stated in  63.2370(a) and 63.2382(e), you must show initial compliance with the work practice standards for
                       existing or new affected sources according to the following table]
----------------------------------------------------------------------------------------------------------------
                                                                 You have demonstrated
            For each * * *                For the following     initial compliance if *          By * * *
                                            standard * * *                * *
----------------------------------------------------------------------------------------------------------------
1. Storage tank at an existing         Install a floating roof  You visually inspect     3 years after
 affected source meeting either set     or equivalent control    each internal floating   [publication date of
 of capacity and vapor pressure         that meets the           roof before the          final rule in the FR].
 specified in Table 2, items 1 and 2    requirements in Table    initial filling of the
 of this subpart.                       4, item 1 of this        storage tank, and
                                        subpart.                 perform seal gap
                                                                 inspections of the
                                                                 primary and secondary
                                                                 rim seals of each
                                                                 external floating roof
                                                                 within 90 days after
                                                                 the initial filling of
                                                                 the storage tank.
2. Storage tank at a new affected      See the standard in      See the compliance       The initial startup
 source meeting either set of           item 1. of this table.   demonstration in item    date for the affected
 capacity and vapor pressure limits                              1. of this table.        source.
 specified in Table 2, items 3 and 4
 of this subpart.
3. Transfer rack loading position at   Load organic liquids     You take steps to        3 years after
 an existing affected source that       only into cargo tanks    ensure that only vapor-  [publication date of
 meets the throughput cutoff in Table   having current vapor     tight cargo tanks load   final rule in the FR].
 2, item 5 of this subpart.             tightness                at affected loading
                                        certification as         positions.
                                        described in Table 4,
                                        item 2 of this subpart.
4. Transfer rack loading position at   See the standard in      See the compliance       The initial startup
 a new affected source that meets the   item 3. of this table.   demonstration in item    date for the affected
 throughput cutoff in Table 2, item 5                            3. of this table.        source.
 of this subpart.
5. Piece of equipment at an existing   Carry out a leak         You make available       3 years after
 affected source, as defined under      detection and repair     written specifications   [publication date of
 Sec.  63.2410 that operates in         program or equivalent    for the leak detection   final rule in the FR].
 organic liquids service     control according to     and repair program or
 300 hours per year.                    one of the subparts      equivalent control
                                        listed in Table 4,       approach.
                                        item 3 of this subpart.
6. Piece of equipment at a new         See the standard in      See the compliance       The initial startup
 affected source, as defined under      item 5. of this table.   demonstration in item    date for the affected
 Sec.  63.2410 that operates in                                  5. of this table.        source.
 organic liquids service 
 300 hours per year.
----------------------------------------------------------------------------------------------------------------


 Table 8 to Subpart EEEE of Part 63--Continuous Compliance With Emission
                                 Limits
     [As stated in  63.2378(a) and (b) and 63.2390(c), you must show
   continuous compliance with the emission limits for existing or new
           affected sources according to the following table]
------------------------------------------------------------------------
                                                    You must demonstrate
          For * * *             For the following        continuous
                              emission limit * * *   compliance by * * *
------------------------------------------------------------------------
1. Each storage tank at an    a. Reduction of       i. Performing CMS
 existing or new affected      total organic HAP     monitoring and
 source meeting any set of     or TOC emissions      collecting data
 capacity and vapor pressure   from the closed       according to Secs.
 limits specified in Table     vent system and       63.2366, 63.2374,
 2, items 1 through 4 of       control device must   and 63.2378; and
 this subpart.                 be 95 weight-        ii. Maintaining the
                               percent or greater,   site-specific
                               or 20 ppmv of         operating limits
                               organic HAP or TOC    within the ranges
                               in the exhaust of     established during
                               combustion devices.   the design
                                                     evaluation or
                                                     performance test.
2. Each transfer rack         See the emission      See the compliance
 loading position at an        limit in item 1.a.    demonstration in
 existing or new affected      of this table.        item 1.a.i. and ii.
 source meeting the                                  of this table.
 throughput cutoff for
 organic liquids specified
 in Table 2, item 5 of this
 subpart.
------------------------------------------------------------------------


Table 9 to Subpart EEEE of Part 63--Continuous Compliance With Operating
                                 Limits
     [As stated in  63.2378(a) and (b) and 63.2390(c), you must show
   continuous compliance with the operating limits for existing or new
           affected sources according to the following table]
------------------------------------------------------------------------
                                                    You must demonstrate
 For each existing and each     For the following        continuous
          new * * *            operating limit * *   compliance by * * *
----------------------------------------*-------------------------------
1. Affected source using a    a. Maintain the       i. Continuously
 thermal oxidizer to comply    hourly average        monitoring and
 with an emission limit in     firebox temperature   recording firebox
 Table 2 of this subpart.      greater than or       temperature every
                               equal to the          15 minutes and
                               reference             maintaining the
                               temperature           hourly average
                               established during    firebox temperature
                               the design            greater than or
                               evaluation or         equal to the
                               performance test.     reference
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.

[[Page 15700]]

 
2. Affected source using a    a. Replace the        i. Replacing the
 catalytic oxidizer to         existing catalyst     existing catalyst
 comply with an emission       bed with a catalyst   bed with a catalyst
 limit in Table 2 of this      bed that meets the    bed that meets the
 subpart.                      replacement           replacement
                               specifications        specifications
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               before the age of     before the age of
                               the bed exceeds the   the bed exceeds the
                               maximum allowable     maximum allowable
                               age established       age established
                               during the design     during the design
                               evaluation or         evaluation or
                               performance test.     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Continuously
                               hourly average        monitoring and
                               temperature at the    recording the
                               inlet of the          temperature at the
                               catalyst bed          inlet of the
                               greater than or       catalyst bed at
                               equal to the          least every 15
                               reference             minutes and
                               temperature           maintaining the
                               established during    hourly average
                               the design            temperature at the
                               evaluation or         inlet of the
                               performance test.     catalyst bed
                                                     greater than or
                                                     equal to the
                                                     reference
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              c. Maintain the       i. Continuously
                               hourly average        monitoring and
                               temperature           recording the
                               difference across     temperature at the
                               the catalyst bed      outlet of the
                               greater than or       catalyst bed every
                               equal to the          15 minutes and
                               minimum temperature   maintaining the
                               difference            hourly average
                               established during    temperature
                               the design            difference across
                               evaluation or         the catalyst bed
                               performance test.     greater than or
                                                     equal to the
                                                     minimum temperature
                                                     difference
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
3. Affected source using a    a. Maintain the       i. Continuously
 condenser to comply with an   hourly average        monitoring and
 emission limit in Table 2     condenser exit        recording the
 of this subpart.              temperature less      temperature at the
                               than or equal to      exit of the
                               the reference         condenser at least
                               temperature           every 15 minutes
                               established during    and maintaining the
                               the design            hourly average
                               evaluation or         condenser exit
                               performance test.     temperature less
                                                     than or equal to
                                                     the reference
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
4. Affected source using an   a. Replace the        i. Replacing the
 adsorption system with        existing adsorbent    existing adsorbent
 adsorbent regeneration to     in each segment of    in each segment of
 comply with an emission       the bed with an       the bed with an
 limit in Table 2 of this      adsorbent that        adsorbent that
 subpart.                      meets the             meets the
                               replacement           replacement
                               specifications        specifications
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               before the age of     before the age of
                               the adsorbent         the adsorbent
                               exceeds the maximum   exceeds the maximum
                               allowable age         allowable age
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test.     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Maintaining the
                               frequency of          frequency of
                               regeneration          regeneration
                               greater than or       greater than or
                               equal to the          equal to the
                               reference frequency   reference frequency
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test.     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              c. Maintain the       i. Maintaining the
                               regeneration stream   total regeneration
                               mass flow during      stream mass flow
                               the adsorption bed    during the
                               regeneration cycle    adsorption bed
                               greater than or       regeneration cycle
                               equal to the          greater than or
                               reference stream      equal to the
                               mass flow             reference stream
                               established during    mass flow
                               the design            established during
                               evaluation or         the design
                               performance test.     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.

[[Page 15701]]

 
                              d. Maintain the       i. Maintaining the
                               temperature of the    temperature of the
                               adsorption bed        adsorption bed
                               during regeneration   during regeneration
                               (except during the    (except during the
                               cooling cycle)        cooling cycle)
                               greater than or       greater than or
                               equal to the          equal to the
                               reference             reference
                               temperature           temperature
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test.     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              e. maintain the       i. Maintaining the
                               temperature of the    temperature of the
                               adsorption bed        adsorption bed
                               after regeneration    after regeneration
                               (and within 15        (and within 15
                               minutes after         minutes after
                               completing any        completing any
                               cooling cycle) less   cooling cycle) less
                               than or equal to      than or equal to
                               the reference         the reference
                               temperature           temperature
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test.     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
5. Affected source using an   a. Replace the        i. Replacing the
 adsorption system without     existing adsorbent    existing adsorbent
 adsorbent regeneration to     in each segment of    in each segment of
 comply with an emission       the bed with an       the bed with an
 limit in Table 2 of this      adsorbent that        adsorbent that
 subpart.                      meets the             meets the
                               replacement           replacement
                               specifications        specifications
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               before the age of     before the age of
                               the adsorbent         the adsorbent
                               exceeds the maximum   exceeds the maximum
                               allowable age         allowable age
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test.     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Maintaining the
                               temperature of the    temperature of the
                               adsorption bed less   adsorption bed less
                               than or equal to      than or equal to
                               the reference         the reference
                               temperature           temperature
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test.     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
6. Affected source using a    a. Maintain a pilot   i. Continuously
 flare to comply with an       flame present in      operating a device
 emission limit in Table 2     the flare at all      that detects the
 of this subpart.              times that vapors     presence of the
                               are not being         pilot flame; and
                               vented to the flare  ii. Keeping the
                               (Sec.  63.11(b)(5))   applicable records
                               .                     required in Sec.
                                                     63.998.
                              b. Maintain a flare   i. Maintaining a
                               flame at all times    flare flame at all
                               that vapors are       times that vapors
                               being vented from     are being vented
                               the emission source   from the emission
                               (Sec.  63.11(b)(5)).  source; and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              c. Operate the flare  i. Operating the
                               with no visible       flare with no
                               emissions, except     visible emissions
                               for up to 5 minutes   exceeding the
                               in any 2              amount allowed; and
                               consecutive hours    ii. Keeping the
                               (Sec.  63.11(b)(4))   applicable records
                               .                     required in Sec.
                                                     63.998.
                              d. Operate the flare  i. Operating the
                               with an exit          flare within the
                               velocity that is      applicable exit
                               within the            velocity limits;
                               applicable limits     and
                               in Sec.              ii. Keeping the
                               63.11(b)(6), (7),     applicable records
                               and (8).              required in Sec.
                                                     63.998.
                              e. Operate the flare  i. Operating the
                               with a net heating    flare with the gas
                               value of the gas      net heating value
                               being combusted       within the
                               greater than the      applicable limit;
                               applicable minimum    and
                               value in Sec.        ii. Keeping the
                               63.11(b)(6)(ii).      applicable records
                                                     required in Sec.
                                                     63.998.
------------------------------------------------------------------------


[[Page 15702]]


  Table 10 to Subpart EEEE of Part 63--Continuous Compliance With Work
                           Practice Standards
   [As stated in  63.2378(a) and (b) and 63.2386(c)(6), you must show
 continuous compliance with the work practice standards for existing or
         new affected sources according to the following table]
------------------------------------------------------------------------
                                                    You must demonstrate
          For* * *              For the following        continuous
                                  standard* * *      compliance by* * *
------------------------------------------------------------------------
1. Each internal floating     a. Install a          i. Visually
 roof (IFR) storage tank at    floating roof         inspecting the
 an existing or new affected   designed and          floating roof deck,
 source meeting any set of     operated according    deck fittings, and
 capacity and vapor pressure   to the applicable     rim seals of each
 limits specified in Table     specifications in     IFR: once per year,
 2, items 1 through 4 of       Sec.  63.1063(a)      and each time the
 this subpart.                 and (b).              storage tank is
                                                     completely emptied
                                                     and degassed, or
                                                     every 10 years,
                                                     whichever occurs
                                                     first (Sec.
                                                     63.1063(c)(1), (d),
                                                     and (e)); and
                                                    ii. Keeping the tank
                                                     records required in
                                                     Sec.  63.1065.
2. Each external floating     a. See the standard   i. Visually
 roof (EFR) storage tank at    in item 1.a. of       inspecting the
 an existing or new affected   this table.           floating roof deck,
 source meeting any set of                           deck fittings, and
 capacity and vapor pressure                         rim seals of each
 limits specified in Table                           EFR each time the
 2, items 1 through 4 of                             storage tank is
 this subpart.                                       completely emptied
                                                     and degassed, or
                                                     every 10 years,
                                                     whichever occurs
                                                     first (Sec.
                                                     63.1063(c)(2), (d),
                                                     and (e)); and
                                                    ii. Performing seal
                                                     gap measurements on
                                                     the secondary seal
                                                     of each EFR at
                                                     least once every
                                                     year, and on the
                                                     primary seal of
                                                     each EFR at least
                                                     every 5 years (Sec.
                                                      63.1063(c)(2),
                                                     (d), and (e)); and
                                                    iii. Keeping the
                                                     tank records
                                                     required in Sec.
                                                     63.1065.
3. Each IFR or EFR tank at    a. Repair the         i. Repairing
 an existing or new affected   conditions causing    conditions causing
 source meeting any set of     storage tank          inspection
 capacity and vapor pressure   inspection failures   failures: before
 limits specified in Table     (Sec.  63.1063(e)).   refilling the
 2, items 1 through 4 of                             storage tank with
 this subpart.                                       liquid, or within
                                                     45 days (or up to
                                                     105 days with
                                                     extensions) for a
                                                     tank containing
                                                     liquid; and
                                                    ii. keeping the tank
                                                     records required in
                                                     Sec.  63.1065(b).
------------------------------------------------------------------------


      Table 11 to Subpart EEEE of Part 63--Requirements for Reports
 [As stated in Sec.  63.2386(b) and (f), you must submit a compliance or
  startup, shutdown, and malfunction report according to the following
                                 table]
------------------------------------------------------------------------
                                 The report must     You must submit the
 You must submit a (n) * * *      contain * * *         report * * *
------------------------------------------------------------------------
1. Compliance report........  a. A statement that   i. Semiannually, and
                               there were no         report. it must be
                               deviations from the   postmarked within
                               standards during      30 days after the
                               the reporting         end of each
                               period; or if you     calendar half (Sec.
                               have a deviation       63.10(e)(3)(v)).
                               from any standard
                               during the
                               reporting period,
                               the report must
                               contain the
                               information in Sec.
                                63.2386(e).
                              b. If you had a       See the submission
                               startup, shutdown,    in item 1.a.i. of
                               or malfunction        this table.
                               during the
                               reporting period
                               and you took
                               actions consistent
                               with your SSMP, the
                               compliance report
                               must include the
                               information in Sec.
                                63.10(d)(5)(i).
2. Immediate startup,         a. Actions taken for  By fax or telephone
 shutdown, and malfunction     the event.            within 2 working
 report if you had a                                 days after starting
 startup, shutdown, or                               actions
 malfunction during the                              inconsistent with
 reporting period that is                            the plan.
 not consistent with your
 SSMP.
                              b. The information    By letter within 7
                               in Sec.               working days after
                               63.10(d)(5)(ii).      the end of the
                                                     event unless you
                                                     have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority (Sec.
                                                     63.10(d)(5)(ii)).
------------------------------------------------------------------------


                                Table 12 to Subpart EEEE of Part 63--Applicability of General Provisions to Subpart EEEE
           [As stated in Sec.  63.2398, you must comply with the applicable General Provisions requirements according to the following table]:
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Citation                                   Subject                             Brief description              Applies to subpart EEEE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.  63.1.......................  Applicability....................................  Initial applicability         Yes.
                                                                                       determination;
                                                                                       Applicability after
                                                                                       standard established;
                                                                                       Permit requirements;
                                                                                       Extensions, Notifications.
Sec.  63.2.......................  Definitions......................................  Definitions for part 63       Yes
                                                                                       standards.
Sec.  63.3.......................  Units and Abbreviations..........................  Units and abbreviations for   Yes.
                                                                                       part 63 standards.
Sec.  63.4.......................  Prohibited Activities and Circumvention..........  Prohibited activities;        Yes.
                                                                                       Circumvention, Severability.

[[Page 15703]]

 
Sec.  63.5.......................  Construction/Reconstruction......................  Applicability; Applications;  Yes.
                                                                                       Approvals.
Sec.  63.6(a)....................  Compliance with Standards/O&M-Applicability......  GP apply unless compliance    Yes.
                                                                                       extension; GP apply to area
                                                                                       sources that become major.
Sec.  63.6(b)....................  Compliance Dates for New and Reconstructed         Standards apply at effective  Yes.
                                    Sources.                                           date; 3 years after
                                                                                       effective date; upon
                                                                                       startup; 10 years after
                                                                                       construction or
                                                                                       reconstruction commences
                                                                                       for section 112(f).
Sec.  63.6(b)(5).................  Notification.....................................  Must notify if commenced      Yes.
                                                                                       construction or
                                                                                       reconstruction after
                                                                                       proposal.
Sec.  63.6(b)(6).................  [Reserved].......................................
Sec.  63.6(b)....................  Compliance Dates for New and Reconstructed Area    Area sources that become      Yes.
                                    Sources that Become Major.                         major must comply with
                                                                                       major source standards
                                                                                       immediately upon becoming
                                                                                       major, regardless of
                                                                                       whether required to comply
                                                                                       when they were an area
                                                                                       source.
Sec.  63.6(c)(1)-(2).............  Compliance Dates for Existing Sources............  Comply according to date in   Yes.
                                                                                       subpart, which must be no
                                                                                       later than 3 years after
                                                                                       effective date; for section
                                                                                       112(f) standards, comply
                                                                                       within 90 days of effective
                                                                                       date unless compliance
                                                                                       extension.
Sec.  63.6(c)(3)-(4).............  [Reserved]
Sec.  63.6(c)(5).................  Compliance Dates for Existing Area Sources that    Area sources that become      Yes.
                                    Become Major.                                      major must comply with
                                                                                       major source standards by
                                                                                       date indicated in subpart
                                                                                       or by equivalent time
                                                                                       period (e.g., 3 years).
Sec.  63.6(d)....................  [Reserved]
Sec.  63.6(e)(1)-(2).............  Operation & Maintenance..........................  Operate to minimize           Yes.
                                                                                       emissions at all times;
                                                                                       correct malfunctions as
                                                                                       soon as practicable; and
                                                                                       operation and maintenance
                                                                                       requirements independently
                                                                                       enforceable; information
                                                                                       Administrator will use to
                                                                                       determine if operation and
                                                                                       maintenance requirements
                                                                                       were met.
Sec.  63.6(e)(3).................  Startup, Shutdown, and Malfunction (SSM) Plan....  Requirement for SSM plan;     Yes.
                                                                                       content of SSM plan.
Sec.  63.6(f)(1).................  Compliance except During SSM.....................  You must comply with          Yes.
                                                                                       emission standards at all
                                                                                       times except during SSM.
Sec.  63.6(f)(2)-(3).............  Methods for Determining Compliance...............  Compliance based on           Yes
                                                                                       performance test, operation
                                                                                       and maintenance plans,
                                                                                       records, inspection.
Sec.  63.6(g)(1)-(3).............  Alternative Standard.............................  Procedures for getting an     Yes.
                                                                                       alternative standard.
Sec.  63.6(h)....................  Opacity/Visible Emission (VE) Standards..........  Requirements for opacity and  No. The subpart does not have
                                                                                       visible emission standards.   opacity/VE standards.
Sec.  63.6(h)(1).................  Compliance with opacity/VE Standards.............  You must comply with opacity/ No.
                                                                                       VE standards at all times
                                                                                       except during SSM.
Sec.  63.6(h)(2)(i)..............  Determining Compliance with Opacity/VE Standards.  If standard does not state    No.
                                                                                       test method, use Method 9
                                                                                       for opacity and Method 22
                                                                                       for VE.
Sec.  63.6(h)(2)(ii).............  [Reserved]
Sec.  63.6(h)(2)(iii)............  Using Previous Tests to Demonstrate Compliance     Criteria for when previous    No.
                                    with Opacity/VE Standards.                         opacity/VE testing can be
                                                                                       used to show compliance
                                                                                       with this subpart.
Sec.  63.6(h)(3).................  [Reserved]
Sec.  63.6(h)(4).................  Notification of Opacity/VE Observation Date......  Must notify Administrator of  No.
                                                                                       anticipated date of
                                                                                       observation.
Sec.  63.6(h)(5)(i), (iii)-(v)...  Conducting Opacity/VE Observations...............  Dates and schedule for        No.
                                                                                       conducting opacity/VE
                                                                                       observations.
Sec.  63.6(h)(5)(ii).............  Opacity Test Duration and Averaging Times........  Must have at least 3 hours    No.
                                                                                       of observation with thirty
                                                                                       6-minute averages.
Sec.  63.6(h)(6).................  Records of Conditions During Opacity/VE            Must keep records available   No.
                                    Observations.                                      and allow Administration to
                                                                                       inspect.
Sec.  63.6(h)(7)(i)..............  Report COMS Monitoring Data from Performance Test  Must submit COMS data with    No.
                                                                                       other performance test data.
Sec.  63.6(h)(7)(ii).............  Using COMS instead of Method 9...................  Can submit COMS data instead  No.
                                                                                       of Method 9 results even if
                                                                                       rule requires Method 9, but
                                                                                       must notify Administrator
                                                                                       before performance test.
Sec.  63.6(h)(7)(iii)............  Averaging Time for COMS during Performance Test..  To determine compliance,      No.
                                                                                       must reduce COMS data to 6-
                                                                                       minute averages.
Sec.  63.6(h)(7)(iv).............  COMS Requirements................................  Owner/operator must           No.
                                                                                       demonstrate that COMS
                                                                                       performance evaluations are
                                                                                       conducted according to Sec.
                                                                                        63.8(e); COMS are properly
                                                                                       maintained and operated
                                                                                       according to Sec.  63.8(c)
                                                                                       and data quality as Sec.
                                                                                       63.8(d).

[[Page 15704]]

 
Sec.  63.6(h)(7)(v)..............  Determining Compliance with Opacity/VE Standards.  COMS is probable but not      No.
                                                                                       conclusive evidence of
                                                                                       compliance with opacity
                                                                                       standard, even if Method 9
                                                                                       observation shows
                                                                                       otherwise. Requirements for
                                                                                       COMS to be probable
                                                                                       evidence-proper
                                                                                       maintenance, meeting PS 1,
                                                                                       and data have not been
                                                                                       altered.
Sec.  63.6(h)(8).................  Determining Compliance with Opacity/VE Standards.  Administrator will use all    Yes.
                                                                                       COMS, Method 9, and Method
                                                                                       22 results, as well as
                                                                                       information about operation
                                                                                       and maintenance to
                                                                                       determine compliance.
Sec.  63.6(h)(9).................  Adjusted Opacity Standard........................  Procedures for Administrator  Yes.
                                                                                       to adjust an opacity
                                                                                       standard.
Sec.  63.6(i)(1)-(14)............  Compliance Extension.............................  Procedures and criteria for   Yes.
                                                                                       Administrator to grant
                                                                                       compliance extension.
Sec.  63.6(j)....................  Presidential Compliance Exemption................  President may exempt any      Yes.
                                                                                       source from requirement to
                                                                                       comply with subpart.
Sec.  63.7(a)(1)-(2).............  Performance Test Dates...........................  Dates for conducting initial  No. These dates are contained in
                                                                                       performance testing and       Sec.  63.2354.
                                                                                       other dates are compliance
                                                                                       demonstrations; must
                                                                                       contained in conduct 180
                                                                                       days after first subject to
                                                                                       subpart.
Sec.  63.7(a)(3).................  Section 114 Authority............................  Administrator may require a   Yes.
                                                                                       performance test under CAA
                                                                                       section 114 at any time.
Sec.  63.7(b)(1).................  Notification of Performance Test.................  Must notify Administrator 60  Yes.
                                                                                       days before the test.
Sec.  63.7(b)(2).................  Notification of Rescheduling.....................  If have to reschedule         Yes.
                                                                                       performance test, must
                                                                                       notify Administrator of
                                                                                       rescheduled date 5 days
                                                                                       before scheduled date.
Sec.  63.7(c)....................  Quality Assurance/Test Plan......................  Requirement to submit site-   Yes.
                                                                                       specific 60 days before the
                                                                                       test or on date
                                                                                       Administrator agrees with;
                                                                                       test plan approval
                                                                                       procedures; performance
                                                                                       audit requirements;
                                                                                       internal and external QA
                                                                                       procedures for testing.
Sec.  63.7(d)....................  Testing Facilities...............................  Requirements for testing      Yes.
                                                                                       facilities.
Sec.  63.7(e)(1).................  Conditions for Conducting Performance Tests......  Performance test must be      Yes.
                                                                                       conducted under
                                                                                       representative conditions;
                                                                                       cannot conduct performance
                                                                                       tests during SSM; not a
                                                                                       violation to exceed
                                                                                       standard during SSM.
Sec.  63.7(e)(2).................  Conditions for Conducting Performance Tests......  Must conduct according to     Yes.
                                                                                       subpart and EPA test
                                                                                       methods unless
                                                                                       Administrator approves
                                                                                       alternative.
Sec.  63.7(e)(3).................  Test Run Duration................................  Must have three test runs of  Yes.
                                                                                       at least one hour each;
                                                                                       compliance is based on
                                                                                       arithmetic mean of three
                                                                                       runs; conditions when data
                                                                                       from an additional test run
                                                                                       can be used.
Sec.  63.7(f)....................  Alternative Test Method..........................  Procedures by which           Yes.
                                                                                       Administrator can grant
                                                                                       approval to use an
                                                                                       alternative test method.
Sec.  63.7(g)....................  Performance Test Data Analysis...................  Must include raw data in      Yes
                                                                                       performance test report;
                                                                                       must submit performance
                                                                                       test data 60 days after end
                                                                                       of test with the
                                                                                       notification of compliance
                                                                                       status; keep data for 5
                                                                                       years.
Sec.  63.7(h)....................  Waiver of Tests..................................  Procedures for Administrator  Yes.
                                                                                       to waive performance test.
Sec.  63.8(a)(1).................  Applicability of Monitoring Requirements.........  Subject to all monitoring     Yes.
                                                                                       requirements in standard.
Sec.  63.8(a)(2).................  Performance Specifications.......................  Performance Specifications    Yes.
                                                                                       in appendix B of 40 CFR
                                                                                       part 60 apply.
Sec.  63.8(a)(3).................  [Reserved]
Sec.  63.8(a)(4).................  Monitoring with Flares...........................  Unless this subpart says      Yes.
                                                                                       otherwise, the requirements
                                                                                       for flares in Sec.  63.11
                                                                                       apply.
Sec.  63.8(b)(1).................  Monitoring.......................................  Must conduct monitoring       Yes.
                                                                                       according to standard
                                                                                       unless Administrator
                                                                                       approves alternative.
Sec.  63.8(b)(2)-(3).............  Multiple Effluents and Multiple Monitoring         Specific requirements for     Yes.
                                    Systems.                                           installing monitoring
                                                                                       systems; must install on
                                                                                       each effluent before it is
                                                                                       combined and before it is
                                                                                       released to the atmosphere
                                                                                       unless Administrator
                                                                                       approves otherwise; if more
                                                                                       than one monitoring system
                                                                                       on an emission point, must
                                                                                       report all monitoring
                                                                                       system results, unless one
                                                                                       monitoring system is a
                                                                                       backup.
Sec.  63.8(c)(1).................  Monitoring System Operation and Maintenance......  Maintain monitoring system    Yes.
                                                                                       in a manner consistent with
                                                                                       good air pollution control
                                                                                       practices.
Sec.  63.8(c)(1)(i)..............  Routine and Predictable SSM......................  Follow the SSM plan for       Yes.
                                                                                       routine repairs; keep parts
                                                                                       for routine repairs readily
                                                                                       available; reporting
                                                                                       requirements for SSM when
                                                                                       action is described in SSM
                                                                                       plan.
Sec.  63.8(c)(1)(ii).............  SSM not in SSM plan..............................  Reporting requirements for    Yes.
                                                                                       SSM when action is not
                                                                                       described in SSM plan.
Sec.  63.8(c)(1)(iii)............  Compliance with Operation and Maintenance          How Administrator determines  Yes.
                                    Requirements.                                      if source complying with
                                                                                       operation and maintenance
                                                                                       requirements; review of
                                                                                       source O&M procedures,
                                                                                       records, manufacturer's
                                                                                       recommendations;
                                                                                       inspections.
Sec.  63.8(c)(2)-(3).............  Monitoring System Installation...................  Must install to get           Yes.
                                                                                       representative emission or
                                                                                       parameter measurements;
                                                                                       must verify operational
                                                                                       status before or at
                                                                                       performance test.

[[Page 15705]]

 
Sec.  63.8(c)(4).................  CMS Requirements.................................  CMS must be operating except  Yes. However, CEMS/COMS are not
                                                                                       during breakdown, out-of      applicable.
                                                                                       control, repair,
                                                                                       maintenance, and high-level
                                                                                       calibration drifts; COMS
                                                                                       must have a minimum of one
                                                                                       cycle of sampling and
                                                                                       analysis for each
                                                                                       successive 10-second period
                                                                                       and one cycle of data
                                                                                       recording for each
                                                                                       successive 6-minute period;
                                                                                       CEMS must have a minimum of
                                                                                       one cycle of operation for
                                                                                       each successive 15-minute
                                                                                       period.
Sec.  63.8(c)(5).................  COMS Minimum Procedures..........................  COMS minimum procedures.....  No.
Sec.  63.8(c)(6)-(8).............  CMS Requirements.................................  Zero and high level           Yes.
                                                                                       calibration check
                                                                                       requirements Out-of-control
                                                                                       periods.
Sec.  63.8(d)....................  CMS Quality Control..............................  Requirements for CMS quality  Yes.
                                                                                       control, including
                                                                                       calibration, etc.; must
                                                                                       keep quality control plan
                                                                                       on record for 5 years; keep
                                                                                       old versions for 5 years
                                                                                       after revisions.
Sec.  63.8(e)....................  CMS Performance Evaluation.......................  Notification, performance     Yes.
                                                                                       evaluation test plan,
                                                                                       reports.
Sec.  63.8(f)(1)-(5).............  Alternative Monitoring Method....................  Procedures for Administrator  Yes.
                                                                                       to approve alternative
                                                                                       monitoring.
Sec.  63.8(f)(6).................  Alternative to Relative Accuracy Test............  Procedures for Administrator  No.
                                                                                       to approve alternative
                                                                                       relative accuracy tests for
                                                                                       CEMS.
Sec.  63.8(g)....................  Data Reduction...................................  COMS 6-minute averages        Yes. However, CEMS/COMS are not
                                                                                       calculated over at least 36   applicable.
                                                                                       evenly spaced data points;
                                                                                       CEMS 1 hour averages
                                                                                       computed over at least 4
                                                                                       equally spaced data points;
                                                                                       data that cannot be used in
                                                                                       average.
Sec.  63.9(a)....................  Notification Requirements........................  Applicability and State       Yes.
                                                                                       delegation.
Sec.  63.9(b)(1)-(5).............  Initial Notifications............................  Submit notification within    Yes.
                                                                                       120 days after effective
                                                                                       date; notification of
                                                                                       intent to construct/
                                                                                       reconstruct, Notification
                                                                                       of commencement of
                                                                                       construction/
                                                                                       reconstruction,
                                                                                       Notification of startup;
                                                                                       contents of each.
Sec.  63.9(c)....................  Request for Compliance Extension.................  Can request if cannot comply  Yes.
                                                                                       by date or if installed
                                                                                       BACT/LAER.
Sec.  63.9(d)....................  Notification of Special Compliance Requirements    For sources that commence     Yes.
                                    for New Sources.                                   construction between
                                                                                       proposal and promulgation
                                                                                       and want to comply 3 years
                                                                                       after effective date.
Sec.  63.9(e)....................  Notification of Performance Test.................  Notify Administrator 60 days  Yes.
                                                                                       prior.
Sec.  63.9(f)....................  Notification of VE/Opacity Test..................  Notify Administrator 30 days  No.
                                                                                       prior.
Sec.  63.9(g)....................  Additional Notifications When Using CMS..........  Notification of performance   Yes. However, there are no opacity/
                                                                                       evaluation; notification      VE standards.
                                                                                       about use of COMS data;
                                                                                       Notification that exceeded
                                                                                       criterion for relative
                                                                                       accuracy alternative.
Sec.  63.9(h)(1)-(6).............  Notification of Compliance Status................  Contents; due 60 days after   Yes.
                                                                                       end of performance test or
                                                                                       other compliance
                                                                                       demonstration, except for
                                                                                       opacity/VE, which are due
                                                                                       30 days after; when to
                                                                                       submit to Federal vs. State
                                                                                       authority.
Sec.  63.9(i)....................  Adjustment of Submittal Deadlines................  Procedures for Administrator  Yes.
                                                                                       to approve change in when
                                                                                       notifications must be
                                                                                       submitted.
Sec.  63.9(j)....................  Change in Previous Information...................  Must submit within 15 days    Yes.
                                                                                       after the change.
Sec.  63.10(a)...................  Recordkeeping/Reporting..........................  Applies to all, unless        Yes.
                                                                                       compliance extension; when
                                                                                       to submit to Federal vs.
                                                                                       State authority; procedures
                                                                                       for owners of more than 1
                                                                                       source.
Sec.  63.10(b)(1)................  Recordkeeping/Reporting..........................  General requirements; keep    Yes.
                                                                                       all records readily
                                                                                       available; keep for 5 years.
Sec.  63.10(b)(2)(i)-(iv)........  Records Related to Startup, Shutdown, and          Occurrence of each for        Yes.
                                    Malfunction.                                       operations (process
                                                                                       equipment); occurrence of
                                                                                       each malfunction of air
                                                                                       pollution control
                                                                                       equipment; maintenance on
                                                                                       air pollution control
                                                                                       equipment; actions during
                                                                                       startups, shutdowns, and
                                                                                       malfunctions.
Sec.  63.10(b)(2)(vi)-(xi).......  CMS Records......................................  Malfunctions, inoperative,    Yes.
                                                                                       out-of-control periods.
Sec.  63.10(b)(2)(xii)...........  Records..........................................  Records when under waiver...  Yes.
Sec.  63.10(b)(2)(xiii)..........  Records..........................................  Records when using            Yes.
                                                                                       alternative to relative
                                                                                       accuracy test.
Sec.  63.10(b)(2)(xiv)...........  Records..........................................  All documentation supporting  Yes.
                                                                                       initial notification and
                                                                                       notification of compliance
                                                                                       status.
Sec.  63.10(b)(3)................  Records..........................................  Applicability determinations  Yes.
Sec.  63.10(c)...................  Records..........................................  Additional records for CMS..  Yes.
Sec.  63.10(d)(1)................  General Reporting Requirements...................  Requirement to report.......  Yes.
Sec.  63.10(d)(2)................  Report of Performance Test Results...............  When to submit to Federal or  Yes.
                                                                                       State authority.
Sec.  63.10(d)(3)................  Reporting Opacity or VE Observations.............  What to report and when.....  Yes.
Sec.  63.10(d)(4)................  Progress Reports.................................  Must submit progress reports  Yes.
                                                                                       on schedule if under
                                                                                       compliance extension.
Sec.  63.10(d)(5)................  Startup, Shutdown, and Malfunction Reports.......  Contents and submission.....  Yes.

[[Page 15706]]

 
Sec.  63.10(e)(1)-(2)............  Additional CMS Reports...........................  Must report results for each  Yes. However, CEMS/COMS are not
                                                                                       CEMS on a unit; written       applicable.
                                                                                       copy of CMS performance
                                                                                       evaluation; 2-3 copies of
                                                                                       COMS performance evaluation.
Sec.  63.10(e)(3)(i)-(iii).......  Reports..........................................  Schedule for reporting        Yes. However, note that the title of
                                                                                       excess emissions and          the report is the compliance
                                                                                       parameter monitor             report. Deviations are excess
                                                                                       exceedance (now defined as    emissions or parameter exceedances.
                                                                                       deviations).
Sec.  63.10(e)(3)(iv)-(v)........  Excess Emissions Reports.........................  Requirement to revert to      Yes.
                                                                                       quarterly submission if
                                                                                       there is an excess
                                                                                       emissions and parameter
                                                                                       monitor exceedances (now
                                                                                       defined as deviations);
                                                                                       provision to request
                                                                                       semiannual reporting after
                                                                                       compliance for 1 year;
                                                                                       submit report by 30th day
                                                                                       following end of quarter or
                                                                                       calendar half; if there has
                                                                                       not been an exceedance or
                                                                                       excess emissions (now
                                                                                       defined as deviations),
                                                                                       report contents in a
                                                                                       statement that there have
                                                                                       been no deviations; must
                                                                                       submit report containing
                                                                                       all of the information in
                                                                                       Secs.  63.8(c)(7)-(8) and
                                                                                       63.10(c)(5)-(13).
Sec.  63.10(e)(3)(vi)-(viii).....  Excess Emissions Report and Summary Report.......  Requirements for reporting    Yes.
                                                                                       excess emissions for CMS
                                                                                       (now called deviations);
                                                                                       requires all of the
                                                                                       information in Secs.
                                                                                       63.10(c)(5)-(13) and
                                                                                       63.8(c)(7)-(8).
Sec.  63.10(e)(4)................  Reporting COMS data..............................  Must submit COMS data with    N/A.
                                                                                       performance test data.
Sec.  63.10(f)...................  Waiver for Recordkeeping/Reporting...............  Procedures for Administrator  Yes.
                                                                                       to waive.
Sec.  63.11......................  Flares...........................................  Requirements for flares.....  Yes.
Sec.  63.12......................  Delegation.......................................  State authority to enforce    Yes.
                                                                                       standards.
Sec.  63.13......................  Addresses........................................  Addresses where reports,      Yes.
                                                                                       notifications, and requests
                                                                                       are sent.
Sec.  63.14......................  Incorporation by Reference.......................  Test methods incorporated by  Yes.
                                                                                       reference.
Sec.  63.15......................  Availability of Information......................  Public and confidential       Yes.
                                                                                       information.
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[FR Doc. 02-7095 Filed 4-1-02; 8:45 am]
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