[Federal Register Volume 67, Number 146 (Tuesday, July 30, 2002)]
[Proposed Rules]
[Pages 49398-49453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17360]



[[Page 49397]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Site 
Remediation; Proposed Rule

  Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / 
Proposed Rules  

[[Page 49398]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7241-6]
RIN 2060-AH41


National Emission Standards for Hazardous Air Pollutants: Site 
Remediation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes National Emission Standards for Hazardous 
Air Pollutants (NESHAP) under the authority of section 112 of the Clean 
Air Act (CAA) for the site remediation source category. The EPA has 
determined that site remediation activities can be major sources of 
organic hazardous air pollutants (HAP) (including benzene, ethyl 
benzene, toluene, vinyl chloride, xylenes) and other volatile organic 
compounds (VOC). The range of potential human health effects associated 
with exposure to these organic HAP and VOC include cancer, aplastic 
anemia, upper respiratory tract irritation, liver damage, and 
neurotoxic effects (e.g., headache, dizziness, nausea, tremors). The 
proposed rule would implement section 112(d) of the CAA by requiring 
those affected site remediation activities to meet emissions 
limitations, operating limit, and work practice standards reflecting 
the application of the maximum achievable control technology (MACT). 
When implemented, we estimate that the proposed rule would reduce 
annual regulated HAP emissions from the source category by 
approximately 50 percent or 570 megagrams per year (Mg/yr) (630 tons 
per year (tpy)) and reduce nationwide VOC emissions by 3,680 Mg/yr 
(4,050 tpy).

DATES: Comments. Submit comments on or before September 30, 2002.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by September 19, 2002, a public hearing will be held on 
August 27, 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-99-20, 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-99-20, 
U.S. EPA, 401 M Street, SW, Washington, D.C. 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 begin at 
10:00 a.m. and will be held at the new EPA facility complex in Research 
Triangle Park, North Carolina, or at an alternate site nearby. You 
should contact Ms. JoLynn Collins, Waste and Chemical Processes Group, 
Emission Standards Division, U.S. EPA (C439-03), Research Triangle 
Park, NC 27711, telephone (919) 541-5671 to request a public hearing, 
to request to speak at a public hearing, or to find out if a hearing 
will be held.
    Docket. Docket No. A-99-20 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, excluding legal holidays. Copies of docket 
materials may be obtained by request from the Air Docket by calling 
(202) 260-7548. A reasonable fee may be charged for copying docket 
materials.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Nizich, Waste and Chemical 
Processes Group, Emission Standards Division (C439-03), U.S. EPA, 
Research Triangle Park, NC 27711, telephone number (919) 541-3078, 
facsimile number (919) 541-0246, electronic mail address 
``[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[reg] file format. All comments and data submitted 
in electronic form must note the docket number: A-99-20. 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 Mr. Greg Nizich, c/o 
OAQPS Document Control Officer, U.S. EPA (C404-02), RTP, NC 27711.
    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 whether a hearing is to be held should contact Ms. JoLynn 
Collins of the EPA at (919) 541-5671 at least 2 days before 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 the proposed standards.
    Docket. The docket is an organized and complete file of all the 
information considered by the EPA in the development of the proposed 
rule. 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 potentially affected industries 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 the 
proposed rule 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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the proposed rule is also available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the proposed rule will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control. If more 
information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.
    Background Information. The background information for the proposed 
rule is not contained in a formal background information document. 
Background information we used in developing the proposed rule is 
presented in technical memoranda that

[[Page 49399]]

we have included in Docket No. A-99-20.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

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           Category              NAICS*   Examples of regulated entities
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Industry.....................     325211  Site remediation activities at
                                  325192   businesses at which organic
                                  325188   materials currently are or
                                   32411   have been in the past stored,
                                   49311   processed, treated, or
                                   49319   otherwise managed at the
                                   48611   facility. These facilities
                                   42269   include: organic liquid
                                   42271   storage terminals, petroleum
                                           refineries, chemical
                                           manufacturing facilities, and
                                           other manufacturing
                                           facilities with collocated
                                           site remediation activities.
Federal Government...........  .........  Federal agency facilities that
                                           conduct site remediation
                                           activities.
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* North American Industry Classification System (NAICS) code.
  Representative industrial codes at which site remediation activities
  have been or are currently conducted at some but not all facilities
  under a given code. The list is not necessarily comprehensive as to
  the types of facilities at which a site remediation cleanup may
  potentially be required either now or in the future.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action.
    A comprehensive list of North American Industry Classification 
System (NAICS) codes cannot be compiled for businesses or facilities 
potentially regulated by the proposed rule due to the nature of 
activities regulated by the source category. The industrial code alone 
for a given facility does not determine whether the facility is or is 
not potentially subject to the proposed rule. The proposed rule may be 
applicable to any type of business or facility at which a site 
remediation is conducted to clean up media contaminated with organic 
HAP and other hazardous material. Thus, for many businesses and 
facilities subject to the proposed rule, the regulated sources (i.e., 
the site remediation activities) are not the predominant activity, 
process, operation, or service conducted at the facility. In these 
cases, the industrial code indicates a primary product produced or 
service provided at the facility rather than the presence of a site 
remediation performed to support the predominant function of the 
facility. For example, NAICS code classifications where site 
remediation activities are currently being performed at some but not 
all facilities include, but are not limited to, petroleum refineries 
(NAICS code 32411), industrial organic chemical manufacturing (NAICS 
code 3251xx) and plastic materials and synthetics manufacturing (NAICS 
code 3252xx). However, we are also aware of site remediation activities 
potentially subject to the proposed rule being performed at facilities 
listed under NAICS codes for refuse systems, waste management, business 
services, miscellaneous services, and nonclassifiable.
    To determine whether your facility is regulated by the action, you 
should carefully examine the applicability criteria in the proposed 
rule. If you have questions regarding the applicability of the proposed 
rule to a particular entity, consult the person listed in the preceding 
FOR FURTHER INFORMATION CONTACT section of this document.
    Outline. The following outline is provided to assist you in reading 
this preamble.

I. Background
    A. What is the source of authority for development of the 
proposed rule?
    B. What is a site remediation?
    C. Why is site remediation a unique NESHAP source category?
    D. What are the sources of organic HAP emissions from site 
remediation activities?
    E. What are the potential health effects associated with organic 
HAP emitted from site remediation activities?
    F. What is the relationship of the proposed rule to other EPA 
regulatory actions affecting site remediation activities?
    G. What criteria are used in the development of NESHAP?
II. Summary of the Proposed Rule
    A. Who is affected by the proposed rule?
    B. What are the affected sources?
    C. What are the standards for process vents?
    D. What are the standards for remediation material management 
units?
    E. What are the standards for equipment leaks?
    F. What are requirements for remediation material sent off-site?
    G. What are the general compliance requirements?
    H. What are the testing and initial compliance requirements?
    I. What are the continuous compliance provisions?
    J. What are the notification, recordkeeping, and reporting 
requirements?
    K. What are the implications of this NESHAP for Clean Air Act 
title V requirements?
    L. What are the implications of this NESHAP for Clean Air Act 
New Source Review Requirements?
III. Rationale for Selecting the Proposed Standards
    A. What is the scope of the source category to be regulated?
    B. How did we select the pollutants to be regulated?
    C. How did we select the affected source to be regulated?
    D. How did we determine MACT for the affected sources?
    E. How did we select the format of the proposed standards?
    F. How did we select the testing and initial compliance 
requirements?
    G. How did we select the continuous compliance requirements?
    H. How did we select the notification, recordkeeping, and 
reporting requirements?
IV. Summary of Environmental, Energy, and Economic Impacts
    A. What are the emissions reductions?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air 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 13175, 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

[[Page 49400]]

I. Background

A. What Is the Source of Authority for Development of the Proposed 
Rule?

    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 rule was listed on July 
16, 1992 (57 FR 31576). Major sources of HAP are defined by section 112 
of the CAA to be those sources that emit or have the potential to emit 
at least 10 tpy of any single HAP or 25 tpy of any combination of HAP. 
As a supplement to the list of source categories published on July 16, 
1992, the EPA developed the publication entitled ``Documentation of 
Developing the Initial Source Category List'' (EPA-450/3-91-030, July 
1992). This document contains descriptions of the types of activities 
included within each source category of major sources. This document 
states that future information may be used to refine the source 
category descriptions (EPA-450/3-91-030, page A-2).
    We included site remediation on the NESHAP source category list to 
address HAP emissions from technologies and work practices used to 
clean up or reduce chemical contamination in soils, groundwater, other 
types of contaminated media and other materials at those facilities 
that are major sources of HAP as defined by section 112(a)(1) of the 
CAA.
    During the initial development of the proposed rule, we obtained 
additional information regarding the cleanup of contamination from 
leaking underground storage tanks at those facilities that are not 
associated with industrial or manufacturing facilities and where the 
predominant, if not only, potential source of HAP emissions is the 
remediation cleanup activity itself (e.g., cleanup of contaminated soil 
or groundwater due to a leaking underground tank at a small commercial 
business, farm, or private residence). Our analysis shows that the HAP 
emissions from a typical cleanup of contamination from the size and 
types of underground tanks commonly used at these facilities to store 
motor fuels or heating oils is significantly below the major source 
levels (i.e., 10 tpy of a single HAP or 25 tpy of all HAP) (see docket 
A-99-20). Therefore, we plan to modify our initial description for the 
site remediation source category to exclude remediation activities at 
residential and farm sites, and from leaking underground storage tanks 
located at gasoline service stations (businesses typically associated 
with NAICS codes 447110 and 447190). The source category description 
will be revised at the next update of the source category list as 
required under CAA section 112(c).

B. What Is a Site Remediation?

    A site remediation is performed in response to the release of 
hazardous substances into the environment (e.g., soil, groundwater, or 
other environmental media). It involves taking appropriate action to 
remove, store, treat, and/or dispose of the hazardous substances to the 
extent necessary to protect human health and the environment. The term 
``cleanup'' generally refers to the activities performed to address the 
hazardous substance contamination. This term frequently is used 
interchangeably with the term ``remediation.''
    Site remediations can be performed to address hazardous substance 
contamination resulting from either past or current human activities. 
Examples of such activities include accidental releases of chemical 
substances; undetected leaks in tanks or pipelines; releases from the 
use of incorrectly designed or poorly maintained equipment for the 
management of materials containing hazardous substances; improper 
disposal of hazardous substances in surface impoundments, containers, 
waste piles, or landfills; and abandoned hazardous substances.
    Organic materials such as chlorinated hydrocarbons, petroleum 
products, polycyclicaromatic hydrocarbons, and phenols are emitted into 
the air from site remediations. Site remediations are also performed to 
clean up contamination from the release of heavy metals (most commonly 
lead, chromium, arsenic, and cadmium) and other inorganic hazardous 
substances.
    Some site remediations address contamination resulting from 
management practices used at a given facility for special types of 
waste materials such as mixed wastes (wastes containing both 
radioactive and non-radioactive hazardous constituents) and low-level 
radioactive wastes.
    The actions taken at a given contamination site to protect human 
health and the environment vary depending on site-specific conditions 
such as the composition, physical form, and quantity of the hazardous 
substance and the relative degree of contamination. Typically, 
remediation or cleanup activities involve a contaminated media of one 
physical form or another (e.g., contaminated soil or groundwater). 
However, at some sites remediation or cleanup involves materials other 
than contaminated media; this might include, for example, wastes left 
in tanks and containers or other ``pure'' materials in the environment 
that do not include media (e.g., oil pumped from below ground). We use 
the term ``remediation material'' for both contaminated media and pure 
materials that are remediated.
    At some sites, the remediation material is left undisturbed and 
containment techniques are used to prevent or significantly reduce 
further migration of the contaminants to surrounding soils or to 
underlying groundwater aquifers (e.g., installation of a physical 
barrier or cap on the surface of a contaminated landfill). At many 
sites, the remediation material is treated to remove or destroy the 
hazardous substance, transform the hazardous substance into a non-
hazardous form, or reduce the concentration of the hazardous substance 
below a threshold level.
    Treatment processes are available that allow the remediation 
material to be treated in place (commonly referred to as ``in situ'' 
treatment). Other treatment processes require first extracting the 
remediation material from the ground and then placing it in a treatment 
unit located at the site (commonly referred to as ``ex situ'' 
treatment).
    Alternatively, all of the remediation material may be extracted 
from the site and the remediation material sent off-site to a facility 
for treatment or disposal, as appropriate for the form and 
characteristics of the remediation material (e.g., contaminated soils 
trucked to a hazardous waste treatment, storage, and disposal facility; 
or contaminated groundwater discharged through a sewer system to a 
publicly owned treatment works).

C. Why Is Site Remediation a Unique NESHAP Source Category?

    The development of a NESHAP for site remediation presents a unique 
set of considerations unlike any other source category for which we 
have established a NESHAP. The sole purpose of conducting a site 
remediation is to clean up an existing environmental problem. Any HAP 
emissions from site remediation are the direct result of the remedial 
activities or operations taken with the intent of protecting human 
health and the environment from exposure to hazardous substances. The 
HAP emissions do not result from processing or refining raw material, 
manufacturing a product, distributing a product to consumers, or even 
managing waste to avoid an environmental problem. In developing a 
NESHAP for site remediation, careful consideration

[[Page 49401]]

must be given to establishing a proposed rule that balances the need 
for effective HAP emissions control with the overall goal of removing 
the threat to human health and the environment posed by the hazardous 
substances in the remediation material.
    Site remediation cannot be categorized by a particular industry 
sector or group of industry sectors. Site remediation potentially may 
be conducted at any type of business or facility at which contamination 
has occurred due to past events or current activities at the facility. 
These facilities may be privately or government owned. Site remediation 
is also performed at facilities that have closed or have been 
abandoned.
    Implementation problems resulting from the fact that a Site 
Remediation NESHAP would potentially be applicable to facilities across 
a wide spectrum of industry sectors are not insurmountable. We have 
promulgated NESHAP for some source categories that also affect multiple 
industry sectors. For example, many types of businesses and federal 
facilities in the United States have operations subject to the Off-Site 
Waste and Recovery Operations (OSWRO) NESHAP under 40 CFR part 63, 
subpart DD. Establishing a NESHAP for this type of broad-based source 
category, however, does affect the regulatory approach and format used 
as well as how to evaluate the impacts of the proposed rule.
    For the NESHAP source categories defined in terms of a specific 
industrial or manufacturing sector, the facilities comprising the 
source category (or, in some cases, subcategories within the source 
category) share similar processes and emissions points. In contrast to 
these NESHAP source categories, the HAP emissions sources in the site 
remediation source category are dependent on site-specific factors. 
These factors determine the remedy required for a cleanup and, thereby, 
the sources and level of air emissions released, if any, by 
implementing activities associated with the selected remedy.
    Another consideration is the finite period for which a site 
remediation is conducted. The objective of a site remediation is to 
mitigate a detected risk to public health or the environment by 
successfully completing the cleanup of the area contaminated by a 
hazardous substance. For NESHAP source categories associated with 
industrial processes or product distribution, the air emission sources 
typically remain in operation for many years (i.e., 10 years, 20 years, 
or even longer for some sources). Once an existing source reaches the 
end of its useful service life, it is often reconstructed or replaced 
with a new source. In contrast, the air emission sources associated 
with site remediations cease to exist once the remediation cleanup 
criteria are achieved. Depending on site-specific facts such as the 
extent of the contamination and the type of remediation activities 
needed, the life span of a given site remediation may be a short period 
lasting several weeks to a more extended period lasting several years. 
Even for those site remediation activities requiring a number of years 
to complete, it is important to recognize that ultimately the 
remediation activities at a facility will be completed, and the air 
emission sources will no longer exist.

D. What Are the Sources of Organic HAP Emissions From Site Remediation 
Activities?

    Site remediation activities may emit HAP. The levels of organic HAP 
emissions at any given facility at which a cleanup of remediation 
material is being conducted depends on site-specific factors including 
the type of processes used and activities conducted; the quantity, 
organic HAP composition, and other characteristics of the remediation 
material; and the time required to complete the cleanup. The following 
sections briefly summarize potential types of HAP emission sources 
related to site remediation activities.
1. In situ Treatment Processes
    In situ treatment processes are available for cleanup of soils and 
groundwater contaminated with hazardous organic substances. The in situ 
processes most frequently in use at existing remediation sites 
physically extract volatile and semi-volatile organics by inducing 
controlled air flow through the remediation material. Examples of these 
processes are soil vapor extraction for contaminated soil and air 
sparging for contaminated groundwater. If not controlled, the organic 
vapors extracted from the soil or aqueous media are released directly 
to the atmosphere. Bioremediation is another category of in situ 
treatment process that is commonly used to remove organic contaminants. 
These processes are destruction processes based on stimulating microbes 
in the soil or groundwater to grow using the organic contaminant 
compound as a food and energy source. A variety of other chemical, 
thermal, and physical treatment processes also have been used in 
limited numbers of in situ applications.
    Organic HAP emissions from in situ treatment processes primarily 
occur through a process vent. A process vent is a pipe or duct that 
extends above ground level through which an air or gas stream from the 
remediation process is exhausted to the atmosphere. Emissions occur at 
the point at which the organic vapor stream exits the process vent 
outlet into the atmosphere. Because in situ treatment allows the 
contaminated material to be treated in place, the primary HAP emissions 
points for in situ treatment processes are process vents. Avoiding the 
need to first extract the contaminated media eliminates potential HAP 
sources associated with accumulating, handling, storing, and treating 
the remediation material in aboveground units.
2. Ex situ Treatment Processes
    Ex situ treatment processes also remove, destroy, or transform the 
contaminants but first require the contaminated media to be extracted 
from the ground or water body before it can be treated. For a given 
site, using an ex-situ treatment process in place of an in situ 
treatment process generally allows the remediation to be completed in a 
shorter period; it also provides greater control of the consistency of 
the treatment results because of the ability to mix the extracted 
materials and better adjust the process parameters for optimal 
performance. However, total remediation costs likely will be higher 
using an ex situ treatment because of additional costs for material 
extraction and handling, worker protection, treated residual disposal, 
and other factors.
    Many ex situ processes treat the extracted material in a tank, 
vessel, reactor, combustion unit, or similar type of contained process 
unit. Extracted material for some ex situ treatment processes is 
treated directly on the land surface or in a surface impoundment. The 
ex situ treatment processes frequently used at remediation sites are 
groundwater pump and treat, solidification/stabilization, and 
incineration. Thermal desorption, bioremediation, and air stripping are 
also types of ex situ treatment technologies commonly used for cleanup 
of soils and groundwater contaminated with hazardous organic 
substances.
    Solidification/stabilization technologies are primarily used to 
treat metals and other types of inorganic contaminants. In general, 
these technologies have limited effectiveness for treatment of 
organics. Solidification and stabilization processes reduce the 
mobility of a contaminant by physically binding or enclosing it within 
a

[[Page 49402]]

stabilized mass (solidification), or by chemically binding to a 
stabilizing agent (stabilization).
    Incineration can be used to destroy organics in contaminated soils 
and other contaminated solid wastes by combustion at high temperatures 
(i.e., 870 to 1,200 deg.C (1,400 to 2,200 deg.F)). The contaminated 
material is burned in a rotary, circulating-bed, fluidized-bed, or 
other type of combustor. Often an auxiliary fuel such as natural gas is 
also burned to initiate and sustain combustion of the contaminated 
material. Treatment of contaminated materials by incineration is most 
frequently conducted by sending the material to a permanent, off-site 
incinerator facility, although mobile incinerators are available and 
sometimes brought on-site. Incinerators used to treat remediation 
wastes are subject to existing air emission regulations. We promulgated 
interim standards for the NESHAP for hazardous waste combustion sources 
under 40 CFR part 63, subpart EEE with final standards to be 
promulgated by June 14, 2005. If the remediation wastes are classified 
as hazardous under the Resource Conservation and Recovery Act (RCRA) 
subtitle C regulations, the waste must be burned in a RCRA-permitted 
incinerator. Incinerators required to meet the hazardous waste 
combustion NESHAP or RCRA standards use extensive air pollution control 
systems to achieve emissions limitation standards for organics, 
particulate matter, metals, and chloride emissions. These systems treat 
the incinerator exhaust gas stream to control emissions of particulate 
matter, acid gases, and other pollutants.
    Thermal desorption is another process used for treating 
contaminated soils. Unlike incineration, the process is not designed to 
destroy organics but instead to physically separate the organics from 
the media. The contaminated soil or other material is heated in a 
vessel to volatilize organic compounds. Two common vessel designs are 
the rotary dryer and thermal screw. The bed temperatures and residence 
times used for the process are at a level that will volatilize selected 
organic contaminants but will typically not oxidize them. A carrier gas 
or vacuum system is used to vent the volatilized organics from the 
vessel to a gas stream treatment system where the organic vapors are 
removed or destroyed. The organic contaminants typically are either 
removed through condensation followed by carbon adsorption, or they are 
destroyed in a secondary combustion chamber or a catalytic oxidizer.
    The thermal desorption process is used at site remediation 
activities for the separation of organics from refinery wastes, 
hydrocarbon-contaminated soils, coal tar wastes, wood-treating wastes, 
creosote-contaminated soils, pesticides, and paint wastes. Many of 
these process units are transportable and are temporarily set up at the 
remediation site for the duration of the cleanup.
    Air stripping is a physical separation process widely used to 
remove volatile organics from contaminated groundwater. Air stripping 
involves the mass transfer of VOC from the water to air by contacting 
the water with an induced air flow. For groundwater remediation, the 
air stripping process is typically conducted by pumping the groundwater 
from extraction wells to a packed tower or an aeration tank. Air 
strippers can be operated continuously or in a batch mode where the air 
stripper is intermittently fed from a collection tank. Using batch mode 
operation improves the air stripper performance consistency and energy 
efficiency compared to a continuously operated unit because mixing in 
the storage tanks provides a uniform feed water composition.
    The typical packed tower air stripper uses a spray nozzle at the 
top of a tower to distribute the contaminated water over packing in the 
column. A fan or blower forces air upward from the bottom of the tower 
countercurrent to the water flow. A sump at the bottom of the tower 
collects decontaminated water while a vent on the top of the tower 
discharges the air/vapor stream. Depending on the organic 
concentrations in the groundwater and local air permitting 
requirements, the vent stream may be discharged directly to the 
atmosphere or through an appropriate organic air emission control 
device such as activated carbon adsorber, catalytic vapor oxidizer, or 
thermal vapor oxidizer.
    Aeration tanks strip VOC by bubbling air into an open-top tank 
through which contaminated water flows. A forced air blower and a 
distribution manifold are designed to provide good air-water contact 
without the need for any packing materials. If the aeration tank is 
uncovered, the stripped VOC are emitted to the atmosphere.
    Bioremediation technologies are successfully used to clean up 
excavated soils, dredged sludges and sediments, and pumped groundwater 
contaminated with petroleum hydrocarbons, solvents, pesticides, wood 
preservatives, and other organic chemicals. These processes rely on 
indigenous or inoculated micro-organisms (e.g., fungi, bacteria, and 
other microbes) to degrade organic contaminants found in the soil or 
groundwater by metabolism. In the presence of sufficient oxygen 
(aerobic conditions) and other nutrient elements, microorganisms 
convert many organic compounds to carbon dioxide, water, and microbial 
cell mass. In the absence of oxygen (anaerobic conditions), 
microorganisms convert the organic compounds to methane, limited 
amounts of carbon dioxide, and trace amounts of hydrogen gas.
    For ex situ biotreatment of contaminated soils and dredged 
sediments, the excavated material is first processed to physically 
separate stones and other debris. The contaminated solids are then 
mixed with water to a predetermined concentration dependent upon the 
concentration of the contaminants, the rate of biodegradation, and the 
physical nature of the soils. This soil slurry is placed in a reactor 
vessel (i.e., a bioreactor) and mixed with nutrients and, in some 
cases, other additives. If the process is an aerobic process, air or 
oxygen is blown into the reactor. When biodegradation is complete, the 
soil slurry is dewatered using clarifiers, pressure filters, vacuum 
filters, sand drying beds, or centrifuges. Use of ex situ bioreactors 
often is favored over using an in situ bioremediation process for 
heterogenous soils, low-permeability soils, or when a shorter 
remediation period is required.
    Biodegradation processes are used at many industrial facilities to 
treat process wastewaters containing organics. These same processes can 
be used to treat contaminated groundwater containing organics. At those 
remediation sites where bioremediation is used to treat contaminated 
groundwater pumped from the ground, the common practice is to discharge 
the water either to the facility's existing process wastewater 
treatment facility or directly to a sewer for treatment at an off-site 
wastewater treatment facility.
    As an alternative to conducting biodegradation in a bioreactor or 
other type of enclosed vessel, land treatment and land farming are open 
biodegradation processes performed on top of the ground surface. For 
these processes, the extracted material is applied on top of the ground 
in thin, lined beds or, in some cases, tilled directly back into the 
upper soil layer. Aerobic microbes decompose the organic compounds 
contained in the applied material. The material is periodically turned 
over or tilled to aerate the waste. Organic emissions are generated due 
to the volatilization of organics from the exposed surface of the

[[Page 49403]]

materials primarily during initial application and tilling. After 
application and tilling, organic emissions continue to occur from the 
material mixture, although at a decreasing rate, until nearly all of 
the volatile organics originally in the applied material are either 
emitted or biologically degraded.
    Like in situ treatment processes, primary sources of HAP emissions 
from many types of ex situ treatment processes are process vents. 
However, unlike in situ treatment processes, there are other potential 
HAP emissions sources associated with ex situ treatment processes 
because the contaminated media is extracted from the ground and 
subsequently managed at the facility as essentially a waste material. 
Even if treatment of the material is not performed at the facility, any 
tanks, containers, and other types of equipment used to handle and/or 
temporarily store the material before it is shipped off-site are 
potential sources of air emissions. These potential HAP emissions 
sources are discussed in the next section.
3. Other Extracted-Media Sources
    Material extraction activities. Depending on the characteristics of 
the remediation material and the extraction method used, organic HAP 
may be emitted by the extraction activities. Soils, sludges, and 
sediments are frequently extracted using heavy construction equipment. 
Volatilization of organics from the freshly exposed surfaces of the 
extracted materials can release organic HAP into the atmosphere.
    Tanks. Tanks can be used at a facility to accumulate, temporarily 
store, or treat extracted materials containing organics. These tanks 
can either be open tanks (i.e., the surface of the waste material is 
exposed directly to the atmosphere) or covered tanks (i.e., the surface 
of the waste material is enclosed by a roof or cover). Organic HAP 
emissions result from the volatilization of organic-containing 
materials placed in the tank, and the subsequent release of these 
organic vapors to the atmosphere. For open tanks, the organic vapors 
released from the surface of the material are dispersed immediately 
into the atmosphere by diffusion and wind effects. Covering a tank 
(referred to as a ``fixed-roof tank'') significantly lowers organic 
emissions compared to open tanks. However, organic HAP emissions still 
occur from fixed-roof tanks from the displacement of organic vapors 
that have collected in the enclosed space above the surface of the 
stored material through vents on the tank roof. This displacement 
occurs during tank filling operations when the vapors are pushed out 
through the tank vents by the rising level of material in the tank 
(commonly referred to as ``working losses'') and to a lesser extent, 
when the volume of the vapor in the tank is increased by fluctuations 
in ambient temperature or pressure (commonly referred to as ``breathing 
losses''.) The quantity of organic emissions from a fixed-roof tank 
varies depending on volatility of the organic constituents in the 
extracted materials.
    Separators. Separators are used to separate oil or organics from 
water. Organic emissions from these sources are similar to those 
occurring from open-top wastewater treatment tanks.
    Containers. Containers such as drums, dumpsters, and roll-off boxes 
may be used to accumulate, store, and treat extracted materials. 
Organic HAP emissions from containers can result from several emission 
mechanisms. Organic emissions occur during loading of liquid, slurry, 
and sludge waste materials into containers due to the displacement of 
organic vapors to the atmosphere through container openings by the 
rising level of material in the container. Once loaded, containers that 
remain open to the atmosphere are an emission source when organics 
evaporate from the exposed surface of the material placed in the 
container.
    Surface Impoundments. Although extracted groundwater, slurries, and 
sludge materials are managed in tanks at most site remediations, these 
materials under special circumstances may be managed in surface 
impoundments. A surface impoundment is an earthen pit, pond, or lagoon. 
Organic emissions from surface impoundments occur as organics evaporate 
from the exposed surface of the materials placed in the impoundment. 
Surface impoundments containing organic-containing materials may have 
high organic emissions because of the large exposed surface area and 
the extended residence time that materials remain in the impoundment 
(sometimes weeks or months).
    Transfer Equipment. Organic HAP emissions can potentially occur 
during the transfer of a material if the transfer system is open to the 
atmosphere. Volatilization of organics from the exposed surfaces of the 
extracted materials can release organic HAP into the atmosphere. 
Examples of such systems include individual drain systems (with all 
associated drains, junction boxes, and sewer lines), channels, flumes, 
gravity-operated conveyors (such as a chute), and mechanically-powered 
conveyors (such as a belt or screw conveyor).
    Equipment Leaks. Leaks from pumps, valves, and other ancillary 
equipment needed to operate material handling and treatment processes 
can be a potential source of organic HAP emissions. Organic vapors can 
be emitted directly to the atmosphere by flowing through small openings 
created in worn or defective pump and valve packings, flange gaskets, 
or other types of equipment seals. In addition, organic emissions occur 
when liquids leak outside the equipment exposing the leaked fluid to 
the ambient air. Emissions result when organics contained in the drip, 
puddle, or pool of leaked liquid evaporate into the atmosphere. 
Although the quantity of organic emissions from a single leak is small, 
when many equipment leaks occur at a facility, the total organic HAP 
emissions from equipment leaks can be significant.

E. What Are the Potential Health Effects Associated With Organic HAP 
Emitted From Site Remediation Activities?

    The range of potential human health effects associated with 
exposure to organic HAP and VOC include cancer, aplastic anemia, upper 
respiratory tract irritation, liver damage, and neurotoxic effects 
(e.g., headache, dizziness, nausea, tremors). Thus, the proposed rule 
has the potential for providing both cancer and noncancer related 
health benefits. The following is a summary of the potential health 
effects associated with exposure to some of the primary HAP emitted 
from site remediation activities.
1. 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. We have classified benzene as a Group A, known human 
carcinogen.
2. Ethyl benzene
    Acute exposure to ethyl benzene in humans results in respiratory 
effects such as throat irritation and chest

[[Page 49404]]

constriction, irritation of the eyes, and neurological effects such as 
dizziness. Chronic exposure to ethyl benzene 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 ethyl benzene in humans, but 
animal studies have reported developmental effects, including birth 
defects in animals exposed via inhalation. We have classified ethyl 
benzene in Group D, not classifiable as to human carcinogenicity.
3. 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. We have 
developed a reference concentration of 0.4 milligrams per cubic meters 
(mg/m\3\) 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. We have classified 
toluene in Group D, not classifiable as to human carcinogenicity.
4. 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 has resulted in 
liver damage to humans. Human and animal studies show adverse effects 
that 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. We have classified vinyl chloride as a Group A, 
known human carcinogen.
5. Xylenes
    Acute 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. Chronic 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. We 
have classified xylenes in Group D, not classifiable as to human 
carcinogenicity.
6. Volatile Organic Compounds
    By requiring facilities to reduce organic HAP emitted from site 
remediation activities, the proposed rule would also reduce emissions 
of those VOC that are not HAP but contribute to adverse human health 
affects. 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 the proposed rule 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.

F. What Is the Relationship of the Rule to Other EPA Regulatory Actions 
Affecting Site Remediation Activities?

    Existing requirements for site remediations conducted under the 
Comprehensive Environmental Response and Compensation Liability Act 
(CERCLA) and RCRA programs are administered under the oversight of 
EPA's Office of Solid Waste and Emergency Response (OSWER). A site 
remediation may be regulated under one of three OSWER programs.
1. Superfund Removal and Remedial Actions
    Remediation activities under the Superfund program are exempt from 
the requirements of the proposed rule. See discussion in section II.A 
of this preamble.
2. RCRA Corrective Actions
    Remediation activities under the RCRA Corrective Action program are 
exempt from the requirements of the proposed rule. See discussion in 
section II.A of this preamble.
3. Underground Storage Tanks
    Subtitle I of RCRA directs the EPA to establish regulatory programs 
to prevent, detect, and clean up releases from underground storage 
tanks (UST) containing petroleum or hazardous substances listed under 
section 101(14) of CERCLA (petroleum is specifically excluded from this 
CERCLA list). The EPA's Office of Underground Storage Tanks is 
responsible for developing and implementing the UST program. Federal 
regulations for UST have been developed which specify requirements for 
tank notification, interim prohibition, new tank standards, reporting 
and recordkeeping requirements for existing tanks, corrective action, 
financial responsibility, compliance monitoring and enforcement, and 
approval of State programs. The technical standards are codified in 40 
CFR part 280 and 40 CFR part 281 with the list of CERCLA hazardous 
substances in 40 CFR part 302.4.
    The EPA is authorized under subtitle I to delegate UST regulatory 
authority to approved State programs. States with delegated authority 
administer and enforce their own approved UST program instead of the 
Federal regulations. There are currently 25 States and the District of 
Columbia with approved UST programs. Each of the approved State UST 
programs is codified in 40 CFR part 282. In the other States without an 
approved UST program, EPA administers and enforces the Federal 
regulations.

[[Page 49405]]

    An UST is a tank having a capacity greater than 110 gallons for 
which the volume of the tank (including the volume of any connected 
underground pipes) is 10 percent or more beneath the surface of the 
ground. The major category of UST regulated under this program are 
tanks used to store petroleum and petroleum-based substances including 
crude oil, motor fuels, jet fuels, distillate fuel oils, residual fuel 
oils, lubricants, petroleum solvents, and used oils. The regulations 
also apply to underground tanks used to store any hazardous substance 
defined in section 101(14) of CERCLA but are not regulated as a 
hazardous waste under RCRA subtitle C. The regulations do not apply to 
underground tanks used for a number of specific applications listed in 
the applicability and definition sections of the rules.
    The owners and operators of petroleum or hazardous substance UST 
systems must clean up any spills, leaks, or other releases from the 
tank into groundwater, surface water, or subsurface soils. Subpart F 
under 40 CFR part 280 specifies the general requirements for a release 
response and for corrective action. The specific requirements are 
determined based on the site-specific circumstances. In cases where 
contamination of soil or groundwater has occurred, the site remediation 
may proceed according to a corrective action plan approved by the EPA 
or the designated State or local agency responsible for implementing 
the UST program at the UST site. Under the subpart F requirements, this 
plan must provide for adequate protection of human health and the 
environment as determined by the site-specific factors including an 
exposure assessment.

G. 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 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 
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 standards are set at levels that assure 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 limitations 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 the consideration of cost of achieving the 
emissions reductions, any health and environmental impacts, and energy 
requirements.

II. Summary of the Proposed Rule

    The proposed rule would amend title 40, chapter I, part 63 of the 
Code of Federal Regulations by adding a new subpart GGGGG--National 
Emission Standards for Hazardous Air Pollutants for Site Remediation. 
The following is a summary of the requirements for the proposed rule.

A. Who is Affected by the Proposed Rule?

1. General Applicability
    The proposed rule would affect owners and operators of facilities, 
with certain exceptions described below, that are major sources of HAP 
emissions, where a MACT activity is also conducted, and at which a site 
remediation is performed. All three criteria must exist for the rule to 
apply. For the purpose of implementing the proposed rule, a site 
remediation is one or more activities or processes used to remove, 
destroy, degrade, transform, or immobilize organic HAP constituents in 
soils, sediments, groundwater, surface waters, or other types of solid 
or liquid environmental media as well as pure materials that are not 
mixed with environmental media.
2. Major Source Determination
    A major source of HAP is defined under CAA section 112 as any 
stationary source or group of stationary sources located within a 
contiguous area and under common control that emits, or has the 
potential to emit, any single HAP at a rate of 10 tons or more per year 
or any combination of HAP at a rate of 25 tons or more per year. In 
determining whether or not your facility is a major source, you would 
consider all sources of HAP emissions or potential emissions at your 
facility.
    A major source determination includes consideration of a facility's 
potential to emit (PTE) as well as actual emissions. The PTE is the 
maximum capacity of a stationary source to emit under its physical and 
operational design. Any physical or operational limitations on the 
source to emit an air pollutant, including air pollution control 
equipment and restrictions on hours of operation, or on the type or 
amount of material combusted, stored, or processed, is treated as part 
of the source's design if the limitation is enforceable by the EPA 
Administrator.
    There are a number of tools and resources available to assist an 
owner or operator in estimating and inventorying their facility's or 
source's HAP emissions. For example, our Air Clearinghouse for 
Inventories and Emission Factors (CHIEF) website (www.epa.gov/ttn/chief/software/airchief) provides the public and private sector users 
access to air emission data specific to estimating the types and 
quantities of pollutants that may be emitted from a variety of sources. 
For those sources or emission points most typically associated with 
site remediation activities (such as tanks and surface impoundments), 
our WATER9 computer program provides an analytical model for estimating 
compound specific air emissions from waste and wastewater collection, 
storage, and treatment systems.
    For additional information on determining if your source is a major 
source, EPA policy memoranda and other guidance on major source 
determinations and PTE can be found on the Internet at www.epa.gov/ttn/oarpg under ``OAR Policy and Guidance Information'' or on the Air 
Toxics Website at www.epa.gov/ttn/atw/pte/ptepa
3. MACT Activity
    A ``MACT activity'' is defined as a non-remediation activity that 
is covered by one of the listed major source categories. This list is 
compiled pursuant to CAA section 112(c) and was first published on July 
16, 1992 (57 FR 31576). The list is updated periodically with the most 
recent update published in the Federal Register on February 12, 2002 
(67 FR 6521). The term ``covered'' here does not mean that the non-
remediation activity is necessarily subject to a MACT standard, just 
that the activity is included within the scope of a particular MACT 
source category.
4. Exemptions
    The proposed rule would not apply to site remediations we are 
specifically excluding from applicability.

[[Page 49406]]

a. CERCLA Cleanups and RCRA Corrective Action
    The proposed rule exempts sites addressed under CERCLA authority 
and corrective action activities initiated under permits or orders, 
including such activities under authorized state programs, at RCRA 
Treatment, Storage and Disposal facilities. Superfund National 
Priorities List (NPL) sites have extensive contamination that often 
require many years of study to determine a permanent remedy. Superfund 
sites are regulated under a program created by CERCLA that was enacted 
in 1980 and amended by the Superfund Amendments and Reauthorization Act 
in 1986.
    The Superfund program is designed to protect public health and the 
environment while providing the flexibility to use effective and 
innovative remediation approaches that best suit the site-specific 
conditions at each CERCLA site (CERCLA section 121). The Superfund 
program conducts extensive evaluation of the contamination at each NPL 
site (see 40 CFR 300.430). As part of the evaluation process, a 
decision document (i.e., Record of Decision (ROD)) is developed for 
response actions, documenting the extent of contamination and the 
cleanup method(s) to be used at the site. Under this process, a site-
specific analysis, considering the impacts to air, soil and 
groundwater, is conducted and an appropriate remedy is selected. During 
the ROD process, the general public is given the opportunity for input 
in the decision-making process through public hearings and submission 
of written comments. The public plays an important role in identifying 
and characterizing site-specific factors, such as the type of 
contaminants, the level and extent of contamination and other site-
specific factors. We believe this procedure results in selection of the 
best plan for cleaning up each site and achieving the program's goals.
    As implemented under the requirements of RCRA, hazardous waste 
treatment, storage and disposal facilities (TSDF) must obtain a permit 
specifying requirements for managing hazardous waste. As a condition of 
obtaining this permit, facilities are required to undertake corrective 
action addressing releases of hazardous waste and hazardous 
constituents from units at the facility which do not themselves require 
RCRA permits (solid waste management units) (RCRA section 3004(u)). For 
such designated contamination areas at TSDF, requirements for the 
cleanup of the contamination are included in the facility's RCRA 
permit, or Federal Order where applicable. Such cleanup activities are 
known as ``corrective actions.'' Although RCRA is a separate program 
from Superfund, the RCRA permitting or Federal Order process for TSDF 
share several significant characteristics with Superfund cleanup 
activities at NPL sites. First, it is also the intent of the RCRA 
Corrective Action program to protect public health and the environment 
while allowing flexibility in choosing solutions to eliminate or reduce 
site contamination. Second, RCRA permitting and Federal Order 
procedures involve the public in the decision-making process through 
informal public meetings, public hearings or written comment. Finally, 
an extensive site-specific evaluation is performed at the RCRA facility 
to evaluate the extent of the contamination, while considering 
appropriate remedies through a multi-media (i.e., air, soil, 
groundwater) perspective.
    We believe that requiring remediation activities at Superfund NPL 
sites and at permitted or Federal Order RCRA corrective action sites to 
meet the requirements of this proposed rule could either create 
incentives to avoid cleanup, or result in the selection of a 
remediation approach that is less desirable, protective or permanent 
(e.g., capping or containing the contaminated media instead of 
permanently removing or treating the contaminants). (Cf. Louisiana 
Environmental Action Network v. EPA, 172 F. 3d 65, 67, 70 (D.C. Cir. 
1999) (EPA lacks authority in many instances to compel excavation of 
wastes, so that imposition of requirements on excavated wastes 
discourages more protective remediations; EPA may permissibly adjust 
rules applicable to excavated wastes to avoid this result.)) 
Furthermore, we believe that these existing programs are the most 
appropriate, comprehensive and effective regulatory approach to address 
air emissions resulting from site remediation activities at sites 
addressed using CERCLA authority and RCRA corrective action sites and 
to avoid transfer from one medium to another.
b. Other Exemptions
    The proposed rule would not apply to site remediation activities 
involving the cleanup of radioactive mixed waste managed in accordance 
with all applicable regulations under Atomic Energy Act and Nuclear 
Waste Policy Act authorities. Another applicability exemption is 
provided for those site remediations performed to clean up remediation 
material containing little or no organic HAP. The proposed rule would 
not apply to any facility for which the owner or operator demonstrates 
that the total annual organic HAP mass content of the remediation 
material to be cleaned up at the facility is less than one Mg/yr.
5. Application of Once In, Always In Policy
    Due to the potential short term nature of site remediations, we 
have evaluated how the proposed rule fits with existing policies for 
CAA section 112 standards. Our current policy is that once a facility 
or source is subject to a MACT standard, it remains subject to that 
standard as long as the affected source definition or criteria are met. 
This is called the ``once in, always in'' policy. Because of the 
uniqueness of this source category and the nature of the activities 
that are being regulated in the proposed rule, we have evaluated how 
our once in, always in policy should apply relative to the site 
remediation source category.
    The existing policy may affect facilities that conduct site 
remediations in situations where a facility is presently an area source 
and the remediation activities would increase the total facility PTE 
such that the facility exceeds the 10/25 tons of HAP criteria for a 
major source under CAA section 112. Because the facility is now 
considered a major source of HAP, another operation at the facility, 
such as a manufacturing process, would now be subject to NESHAP for 
other source categories located at their facility. Furthermore, after 
the remediation is completed, the facility would, in terms of 
emissions, essentially be back to where it was as an area source 
(assuming no change in the facility plant operations). Under the once 
in, always in policy, the facility would remain subject to the NESHAP 
that was triggered by the short-term change of source status from area 
to major brought about by the site remediation activity.
    In the situation described above, we believe the once in, always in 
policy would create an obvious disincentive for owners or operators to 
engage in site remediations, particularly since voluntary remediation 
would be affected by the proposed rule. Our intent is to not prescribe 
requirements that create incentives to avoid a cleanup or result in the 
selection of less desirable or less protective or permanent remediation 
approaches. Therefore, we have determined that the once in, always in 
policy does not apply relative to the site remediation source category 
for those facilities that are area sources prior to and after the 
cleanup activity.

[[Page 49407]]

    The above application of the once in, always in policy to site 
remediation activities addresses the issue of a facility's MACT 
obligation after completing a remediation activity. We believe a 
situation could occur, based on language in the CAA, that this policy 
does not address. Specifically, certain area sources for non-
remediation activities could become major sources once a remediation 
activity begins operation. While the facility would have no MACT 
obligation (Site Remediation MACT or otherwise) after completing all 
remediation, compliance with a non-remediation MACT standard may be 
required due to the increase in PTE from the remediation activity. An 
example of this situation would be an area source chemical processing 
plant not currently subject to the Hazardous Organic NESHAP (HON), but 
with manufacturing operations covered by that MACT standard. After 
operating for many years as an area source, the facility initiates a 
remediation operation that increases its PTE to major source levels. 
Since the facility is now a major source of HAP, the facility would 
have to comply with the HON for the operations covered by that MACT 
standard. Furthermore, since the compliance dates for the various 
processes regulated by the HON have all passed, any controls required 
by the HON would have to be in place at the time the facility became a 
major source as specified by the HON. Prior to commencing the 
remediation activity, the facility may find it preferable to install 
federally enforceable controls on certain emission points and maintain 
area source status to avoid becoming subject to the industry-relevant 
MACT standard. We realize this option is not achievable in every case.
6. Exemption of Short-Duration Site Remediations
    The EPA is proposing to exempt sources from the requirements of the 
proposed rule where the contamination requiring remediation occurs 
within 7 days prior to the remediation activity. This exemption is 
intended to apply to contamination commonly caused by a spill where the 
cleanup is initiated soon after the spill event and is of very short 
duration (i.e., typically 30 days or less). The purpose of this 
exemption is to encourage prompt attention to remediating contaminant 
spills and leakages.
    Although the Agency is not proposing any other duration-based 
exemptions in the proposed rule, it is possible that other duration-
based exemptions may be appropriate in light of the policy goal of 
encouraging voluntary site remediations to remove risk to human health 
and the environment. For example, there may be some site remediations 
that can be completed in the time required by this proposal to modify 
relevant permits; it may make sense in cases like this to complete the 
remediation activity as quickly as possible without waiting for 
paperwork modifications to be completed. The Agency requests comment on 
which situations, if any, might be appropriate for further duration-
based exemptions to today's proposed rule.

B. What Are the Affected Sources?

    The proposed rule defines three groups of affected sources, (1) 
process vents, (2) remediation material management units, and (3) 
equipment leaks. The affected source for process vents is the entire 
group of process vents associated with both in situ and ex situ 
remediation activities. The affected source for remediation material 
management units is the entire group of tanks, surface impoundments, 
containers, oil/water separators, and transfer systems used to store, 
transfer, treat, or otherwise manage remediation material. The affected 
source for equipment leaks is the entire group of remediation equipment 
components (pumps, valves, etc.) that contain or contact remediation 
material having a total organic HAP concentration equal to or greater 
than 10 percent by weight, and are intended to operate for 300 hours or 
more during a calendar year.

C. What Are the Standards for Process Vents?

    The proposed rule would establish emission limitation and operating 
standards for certain process vents associated with site remediation 
treatment processes. The same standards would apply to both in situ and 
ex situ treatment processes. These standards would apply to the entire 
group of affected process vents associated with all of the treatment 
processes used for your site remediation. The standards would be the 
same for existing and new sources.
    The air emission control requirements under the proposed rule would 
not apply to certain process vent streams with low flow, low HAP 
concentration characteristics. A process vent would be exempted from 
the air emission control requirements of the NESHAP if the owner or 
operator determines the process vent stream flow rate to be less than 
0.005 standard cubic meters per minute. Also exempted would be those 
process vent streams having a flow rate less than 6.0 standard cubic 
meters per minute and a total HAP concentration in the vent stream less 
than 20 parts per million by volume (ppmv). This process vent exemption 
requires that both the process vent flow rate and the organic HAP 
concentration criteria be met to qualify for the exemption. A process 
vent would also be exempted from the air emission control requirements 
if the HAP concentration of the remediation material being treated by 
the vented process is less than 10 parts per million by weight (ppmw).
    Under the proposed rule, you would have two compliance options for 
the affected process vents. The first option would be to reduce the 
total organic HAP emissions from all affected process vents at the 
facility to a level less than 1.4 kilograms per hour (kg/h) 
(approximately 3.0 pounds per hour) and 2.8 Mg/yr (approximately 3.1 
tpy). You would have to achieve both of these mass emission limitations 
to comply with this option under the proposed rule. If the total 
organic HAP emissions from all affected process vents associated with 
your site remediation exceed either the hourly or annual mass emission 
limitation then you would need to use appropriate controls to reduce 
the emission levels to comply with the emission limitations. If you can 
meet both of the total organic HAP mass emission limitations using no 
controls or the existing controls you already have in place to meet 
federally-enforceable organic emission standards, then no additional 
controls would be required under the proposed rule for your affected 
process vents.
    As an alternative to complying with the mass emission limits, a 
second option proposed under the proposed rule would be to reduce the 
total organic HAP emissions from all of the affected process vents by 
at least 95 weight percent. At sites with multiple affected process 
vent streams, you may comply with this option by a combination of 
controlled and uncontrolled process vent streams that achieve the 95 
percent reduction standard on an overall mass-weighted average. For 
those process vent streams controlled by venting to a control device, 
the closed vent system and control device would need to meet certain 
requirements specified in the proposed rule.

D. What Are the Standards for Remediation Material Management Units?

    The proposed rule would establish emissions limitation and 
operating standards for certain remediation management units (i.e., 
units associated with the management of remediation materials). For 
those remediation material management units required to

[[Page 49408]]

use air emission controls, the proposed rule would establish by source 
type (i.e., tanks, oil-water separators, containers, surface 
impoundments, transfer systems) separate sets of emission limitation, 
operating limit, and work practice standards as appropriate for each 
source type. The standards would be the same for existing and new 
sources. Air emission controls would be required on a remediation 
material management unit used to manage remediation material having an 
organic HAP (VOHAP) concentration equal to or greater than 500 ppmw. 
Remediation material with a VOHAP concentration of less than 500 ppmw 
is not required to be managed in controlled units.
    The proposed rule also provides an exemption that would allow an 
owner or operator to selectively designate, on a site-specific basis, 
certain individual units to be exempt from the air emission control 
requirements regardless of the VOHAP concentration of the remediation 
material placed in the unit. Application of this discretionary 
exemption by the owner or operator would be limited based on 
remediation material organic HAP content. Under this provision, the 
total annual organic HAP mass content of the regulated remediation 
material placed in all of the units designated by the owner or operator 
as exempt units could not exceed 1 Mg/yr as determined in accordance 
with the procedures specified in the proposed rule.
    Determination of VOHAP concentration can be made by either direct 
measurement of samples of the remediation material or through use of 
knowledge of the remediation material (i.e., application of owner/
operator expertise using appropriate information regarding the 
remediation material). In using direct measurement, the VOHAP 
concentration of the collected samples would be measured using Method 
305 in 40 CFR part 63, appendix A. As an alternative to using Method 
305, you would be allowed to determine the organic HAP concentration 
using any one of the several alternative test methods, as applicable to 
the remediation material stream, and then adjust the test results using 
factors specified in the proposed rule to determined the VOHAP 
concentration.
    The VOHAP determination using direct measurement for a given 
remediation material unit would be based on samples collected prior to 
placing the remediation material in the unit at any point you choose 
before the organic constituents in the material have the potential to 
volatilize and be released to the atmosphere. For example, you may 
sample the remediation material stream at the point where it is 
extracted from the ground (``point-of-extraction'' as defined in the 
proposed rule). Alternatively, you may choose to sample the remediation 
material stream within the remediation material unit (provided that 
organic constituents in the material have not been allowed to 
volatilize and be released to the atmosphere, as specified in the 
proposed rule).
    Allowing the use of knowledge to determine the VOHAP concentration 
of a remediation material provides flexibility for the owner or 
operator to use any appropriate information to determine VOHAP 
concentration of a remediation material. The basis for knowledge of the 
remediation material could include existing information collected by 
the owner or operator for other purposes or new information collected 
specifically for the VOHAP remediation material determination.
    For remediation material management units downstream of the 
contaminated area in particular, it is important to note that the 
determination of the VOHAP concentration is made within each 
remediation material management unit. This approach simplifies the 
determination process for varying treatment processes and addresses 
both the situation of management of a single remediation stream or 
management of two or more material streams combined (either remediation 
or non-remediation, or both). If a single material stream, or 
combination of streams, have a VOHAP concentration of 500 ppmw or 
greater in the management unit, then the unit is subject to the air 
emission control requirements for the particular unit as specified in 
the proposed rule. Once the VOHAP concentration falls below the 500 
ppmw action level, the material need not be managed in controlled 
units. If the HAP concentration is increased to 500 ppmw or more in a 
downstream unit, that unit will need control.
    For example, a facility remediation project involves a pump and 
treat system that generates groundwater with more than 500 ppmw VOHAP, 
measured as it exits the groundwater pumping/piping system. It is 
initially pumped into a holding tank managing the single remediation 
stream. The remediation material, the groundwater in this case, has a 
VOHAP concentration greater than 500 ppmw, and, therefore, the holding 
tank would be subject to the tank standards under the proposed rule. 
From the holding tank, the groundwater is sent to a larger mixing tank 
where the groundwater is mixed with other wastewater streams, where the 
combined VOHAP concentration is less than 500 ppmw, and the resultant 
mixture is treated to adjust the pH of the mixture. Because the VOHAP 
concentration of the combined streams is below 500 ppmw, the mixing 
tank would not be subject to the tank standards under the proposed 
rule.
    Following this mixing operation, the combined wastewater is sent to 
an on-site wastewater treatment system. Since the mixture leaving the 
mixing tank has a VOHAP concentration of less than 500 ppmw, all 
downstream processes and management units (e.g., tanks, surface 
impoundments, containers or transfer systems) would not be subject to 
the control requirements for remediation material management units 
unless the concentration is increased to 500 ppmw or greater through 
phase separation or other method.
    In general, we expect remediation streams to be managed separately 
so a stream would be managed in controlled units until it is treated to 
reduce the concentration below 500 ppmw. We believe, however, that in 
some cases a remediation stream may be combined with one or more 
streams and treated downstream from the mixing point. Mixing merely for 
the purposes of dilution is not allowed, but if mixing occurs to 
facilitate treatment (i.e., to treat all streams in a centralized 
operation), and the resulting stream has a VOHAP concentration below 
500 ppmw, then that stream does not have to be managed in controlled 
units.
    We realize this approach deviates somewhat from other rules 
regulating wastewater-type management or treatment units that require 
air emission controls after the VOHAP concentration falls below 500 
ppmw due to mixing. For site remediation operations, this is an 
appropriate approach since we believe remediation activities are 
typically of a limited duration, relatively low-flow in comparison to 
facilitywide wastewater management operations, and often treated 
effectively in a facility-wide treatment system. We do not want to 
create obstacles that could inhibit overall treatment effectiveness. 
Moreover, we believe remediation streams would get some level of HAP 
reduction, and, thus, emission reduction, through biological treatment 
within a facility's wastewater treatment system.
1. Tanks
    The proposed rule would establish emission limitation and work 
practice standards to control organic HAP emissions from those tanks 
managing remediation material having an average VOHAP concentration 
equal to or greater than the 500 ppmw action level.

[[Page 49409]]

For those tanks required to meet the air emission control requirements, 
you would need to achieve one of two levels of control. The required 
level of control would be determined by the tank design capacity and 
the maximum HAP vapor pressure of the extracted material in the tank.
    For each tank required to use Level 1 controls, you would be 
required to comply with the existing 40 CFR part 63, subpart OO--
National Emission Standards for Tanks--Level 1. For these tanks, you 
could also comply with the proposed rule by using Level 2 controls if 
you choose to do so.
    For each tank required to use Level 2 controls, you would have five 
compliance options under the proposed rule. The compliance alternatives 
provided under the proposed rule would allow you to either: (1) Use a 
fixed-roof tank with an internal floating roof; (2) use an external 
floating roof tank; (3) vent the tank through a closed vent system to a 
control device that meets the requirements specified in the proposed 
rule; (4) locate an open tank inside an enclosure vented through a 
closed-vent system to a control device that meets the requirements 
specified in the proposed rule; or (5) use a pressurized tank that 
operates as a closed system during normal operations. The specific 
technical requirements for each of these alternatives are implemented 
under the proposed rule by cross-referencing the existing Tank Level 2 
control standards in 40 CFR 63.685(d) of the OSWRO NESHAP.
2. Containers
    The proposed rule would establish emission limitation and work 
practice standards to control organic HAP emissions from containers 
having a design capacity greater than 0.1 cubic meters (approximately 
26 gallons) used to manage remediation material having a VOHAP 
concentration of 500 ppmw or more. For those containers required to use 
air emission controls, you would need to achieve one of three levels of 
control that would be determined by the container design capacity, the 
organic content of the extracted material in the container, and whether 
the container is used for a waste stabilization process. You would be 
required to comply with the specified requirements for the applicable 
control level in the existing 40 CFR part 63, subpart PP--National 
Emission Standards for Containers. Except for containers used for waste 
stabilization, these standards would require that you manage the 
extracted material in containers that use covers according to the 
requirements specified in the proposed rule. Should affected containers 
be used for a waste stabilization process, containers would be required 
to be vented to a control device.
    Application of the container standards and the various levels of 
control is illustrated in the following example. In the situation where 
contaminated soil (i.e., the remediation material in this case) is 
excavated and placed in a dump truck (i.e., a container under the 
definitions used in the proposed rule), the truck containing the soil 
would be required to meet Level 1 controls if the VOHAP concentration 
is equal to or greater than 500 ppmw and the criteria for Level 2 
controls is not met. If this were the case, as it likely would be in 
most remediation situations, then a cover such as tarp covering the 
remediation material would be adequate to meet the Level 1 control 
requirements. If the vapor pressure and VOHAP concentration were such 
that Level 2 controls were required then a more strenuous set of 
controls would apply.
3. Surface Impoundments
    For each surface impoundment required to use air emission controls, 
you would be required to comply with the existing 40 CFR part 63, 
subpart QQ--National Emission Standards for Surface Impoundments. Under 
this subpart, you must meet one of two options: (1) Use a cover over 
the surface impoundment and vent through a closed-vent system to a 
control device; or (2) use a floating membrane cover designed and 
operated according to requirements specified in the proposed rule.
4. Oil-Water and Organic-Water Separators
    For each oil-water or organic-water separator required to use air 
emission controls, you would be required to comply with the existing 40 
CFR part 63, subpart VV--National Emission Standards for Oil-Water and 
Organic-Water Separators. Under this subpart, you must meet one of 
three options: (1) Use a floating roof on the separator; (2) use a 
cover over the separator that is vented through a closed-vent system to 
a control device; or (3) use a pressurized separator designed and 
operated according to requirements specified in the proposed rule.
5. Material Transfer Systems
    For each individual drain system required to use air emission 
controls, you would be required to comply with the existing 40 CFR part 
63, subpart RR--National Emission Standards for Individual Drain 
Systems. For transfer systems required to use air emission controls 
other than individual drain systems, you would be required to comply 
with one of three options: (1) Use covers; (2) use continuous hard-
piping; or (3) use an enclosure vented to a control device.

E. What are the Standards for Equipment Leaks?

    The proposed rule would establish work practice and equipment 
standards to control organic HAP emissions from leaks in pumps, 
compressors, pressure relief devices, sampling connection systems, 
open-ended valves or lines, valves, flanges and other connectors, and 
product accumulator vessels that either contain or contact a regulated 
material that is a fluid (liquid or gas) and has a total organic HAP 
concentration equal to or greater than 10 percent by weight. These work 
practice and equipment standards would not apply to equipment that 
operates less than 300 hours per calendar year. You would have the 
option of complying with the provisions of either 40 CFR part 63, 
subpart UU--National Emission Standards for Equipment Leaks--Control 
Level 1 or 40 CFR part 63, subpart UU--National Emission Standards for 
Equipment Leaks--Control Level 2. Both of these subparts require you to 
implement a leak detection and repair program (LDAR) and to make 
certain equipment modifications.

F. What Are the Requirements for Remediation Material Sent Off-Site?

    Under the proposed rule, if you transfer remediation material 
containing organic HAP to another party, another facility, or receive 
it from another facility, this material would need to be managed 
according to the provisions of this subpart. In other words, if the 
material has a VOHAP concentration of 500 ppmw or more, as determined 
according to the procedure in the proposed rule, then at the new 
facility this material would need to be managed in units that meet the 
air emission control requirements under the Site Remediation NESHAP for 
the applicable remediation material management unit type (i.e., tank, 
containers, etc.). Similarly, any treatment process used for the 
transferred remediation material would need to meet the process vent 
control requirements.

G. What Are the General Compliance Requirements?

    Under the proposed rule, you would be required to meet each 
applicable emission limitation and work practice standard in the 
proposed rule at all

[[Page 49410]]

times, except during periods of startup, shutdown, and malfunction. You 
must develop and implement a written startup, shutdown, and malfunction 
plan for your site remediation according to the provisions of 40 CFR 
63.6(e)(3).
    Also with regard to compliance, it is important to note that under 
the provisions of the proposed rule, if an affected source (i.e., a 
remediation management or treatment unit) is subject to and complying 
with the control requirements under another part 61 or part 63 standard 
(e.g., has either installed air emission controls or has taken other 
actions to reduce HAP emissions to levels dictated by the other part 61 
or part 63 standards) then the affected source is exempt from the 
control requirements of the proposed rule in 40 CFR 63.7883 through 40 
CFR 63.7933. However, the source must be controlling air emissions 
under the other rule; the exemption under the proposed rule does not 
apply if the source is merely exempt from the control requirements of 
the other rule and has not taken action to limit HAP emissions.

H. What Are the Testing and Initial Compliance Requirements?

    Initial compliance for process vents would be demonstrating that 
either: (1) The total organic HAP emissions from all affected process 
vents is less than 1.4 kg/h and 2.8 Mg/yr; or (2) the total organic HAP 
emissions from all of the affected process vents is reduced by at least 
95 weight percent.
    Initial compliance for remediation material units would be 
demonstrating that either: (1) The VOHAP concentration of the 
remediation material managed in the unit is below the 500 ppmw action 
level; or (2) the unit meets all applicable air emission control 
requirements for the unit. If a control device is used, initial 
compliance is determined by either: (1) Performing a performance test 
according to 40 CFR 63.7 of the general provisions and using specific 
EPA reference test methods; or (2) performing a design evaluation 
according to procedures specified in the proposed rule. You also must 
establish your operating limits for the control device based on the 
values measured during the performance test or determined by the design 
evaluation.

I. What Are the Continuous Compliance Provisions?

    To demonstrate continuous compliance with the applicable emission 
limitations and work practice standards under the proposed rule, you 
would perform periodic inspections and continuous monitoring of certain 
types of air pollution control equipment you use to comply with the 
proposed rule. In those situations when a deviation from the operating 
limits specified for a control device is indicated by the monitoring 
system or when a damaged or defective component is detected during an 
inspection, you must implement the appropriate corrective measures.
    To demonstrate continuous compliance with an emission limitation 
for a given source, you would continuously monitor air emissions or 
operating parameters appropriate to the type of control device you are 
using to comply with the standard, and keep a record of the monitoring 
data. Compliance is demonstrated by maintaining each of the applicable 
parameter values within the operating limits established during the 
initial compliance demonstration for the control device.
    There are different requirements for demonstrating continuous 
compliance with the work practice standards, depending on which 
standards are applicable to a given emission source. To ensure that the 
control equipment used to meet an applicable work practice standard is 
properly operated and maintained, the proposed rule would require that 
you periodically inspect and monitor this equipment. When a cover is 
used to comply with a work practice standard, you must visually inspect 
the cover periodically and keep records of the inspections. In 
addition, for external floating roofs, seal gap measurements must be 
performed on the secondary seal once per year and on the primary seal 
every 5 years. Leak detection monitoring using Method 21 would be 
required for certain types of covers to ensure gaskets and seals are in 
good condition, and for closed-vent systems to ensure all fittings 
remain leak-tight. In general, annual inspection and leak detection 
monitoring of covers is proposed. Annual inspection and leak detection 
monitoring would be required for closed-vent systems. Any defects or 
conditions causing failures detected by an inspection or monitoring 
need to be promptly repaired and records of the repairs kept.
    You would be allowed to use an alternative to the monitoring 
required by these proposed standards. If you choose to do so, you would 
be required to request approval for alternative monitoring according to 
the procedures in 40 CFR 63.8 of the General Provisions.

J. What Are the Notification, Recordkeeping, and Reporting 
Requirements?

    The proposed rule 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 are required: initial notification and 
semiannual compliance reports. The initial notification report advises 
the regulatory authority of applicability for existing sources or of 
construction for new sources.
    The initial compliance report demonstrates that compliance has been 
achieved. This report contains the results of the initial performance 
test or design evaluation, which includes the determination of the 
reference operating parameter values or range and a list of the 
processes and equipment subject to the standards. Subsequent compliance 
reports 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 
control equipment inspections.
    Records required under the proposed standards must be kept for 5 
years, with at least 2 of these years being on the facility premises. 
These records include copies of all reports that you have submitted to 
the responsible authority, control equipment inspection records, and 
monitoring data from control devices demonstrating 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.

K. What Are the Implications of This NESHAP for Clean Air Act Title V 
Requirements?

    1. What is the title V Program?
    This program is a permit program established under title V of the 
CAA in 1990. A title V permit is intended to consolidate all of the air 
pollution control requirements into a single operating permit for a 
source's air pollution activities.
    2. Under what circumstances am I required to obtain a title V 
permit for my remediation activity?
    Title V requires all major sources to obtain permits (see 40 CFR 
70.3, or 40 CFR 71.3). Major source status is triggered for a source 
under title V when actual emissions or potential to emit meets or 
exceeds certain major source

[[Page 49411]]

thresholds (see definition of major source at 40 CFR 70.2, or 40 CFR 
71.2). Although a source subject to the Site Remediation MACT will be 
major for title V purposes based on emissions of HAP, title V also 
requires permits for sources that are major for other air pollutants, 
(e.g., the criteria pollutants). Sources that are subject to the Site 
Remediation MACT, by virtue of being major sources, will typically have 
to obtain an operating permit, if they don't already have one, or 
modify their existing permit under title V (either 40 CFR part 70 or 
71). An option for avoiding major source status under title V for some 
sources that are not major prior to the remediation activity is 
voluntarily requesting practically-enforceable limitations (often 
operation or emissions-related) to reduce their potential to emit or 
actual emissions to levels below the major source thresholds. This 
option should be pursued through your permitting authority.
    3. Who is responsible for obtaining the title V permit for a 
remediation activity?
    Typically the party responsible for obtaining the title V major 
source permit will be either: (1) The owner or operator of the site 
remediation equipment or activities, or (2) the owner or operator of 
the source already existing at the facility that is covered by another 
MACT source category activity (the other collocated source). The 
decision as to who should apply for the permit in any specific case 
will be made on a case-by-case basis (site-dependent) and should be 
evaluated in consultation with the permitting authority, however, 
normal practice will be to issue the permit to the entity that has 
common control of all activities at the facility. Under the definition 
of major source used for HAP in 40 CFR part 70 or 71, all activities 
within a contiguous area under common control will be aggregated 
(grouped) together as a single source to determine major source status. 
While the source is ultimately responsible for making these 
determinations, permitting authorities will commonly assist sources in 
this task. Also note that the question of who may be required to apply 
for the permit will likely be affected by the way that pre-construction 
review permits (also referred to as New Source Review or NSR permits) 
were issued to such sources. Initial NSR permits are required prior to 
the commencement of construction activities, while initial title V 
operating permits are required generally after commencement of 
operations. Thus, permitting authorities are likely to follow decisions 
made in issuing NSR permits when looking at this question for title V 
purposes.
    4. If I already have a title V permit, is a modification required 
for my remediation activity?
    When there is a major source in a MACT source category that already 
has a title V operating permit, and a site remediation activity 
commences operation at the same facility and all activities at the 
facility are considered part of the same source (i.e., under common 
ownership and control), permitting authorities will require the 
previously issued operating permit to either be reopened or revised to 
reflect the new applicable requirements of the Site Remediation MACT. 
Permit reopening under 40 CFR 70.7(f), or 40 CFR 71.7(f), is required 
when a major source has a permit, there are 3 years or more left on the 
term of the permit, and we promulgate a new MACT standard (or other 
applicable requirement) that applies to the source. For such sources, 
if less than 3 years is left on the permit term, the State may 
generally wait until renewal to update the permit. On the other hand, 
modifications under 40 CFR 70.7(e), or 40 CFR 71.7(e), are required 
when a source has a permit and the source becomes subject to the MACT 
standard after the standard is promulgated (in most cases, these will 
be significant modifications under 40 CFR 70.7(e)(4), or 40 CFR 
71.7(e)(3), but in some circumstances other permit modification 
procedures may apply).
    5. If I have an existing title V permit, do I have to wait for 
completion of the permit modification before I begin the remediation 
activity?
    In general, when site remediation activities are not addressed or 
prohibited by your existing operating permit, you may commence such 
activities at any time prior to the finalization of any formal title V 
permit modification procedures. However, when permit modification is 
required due to a new remediation activity and the new activity 
conflicts with (or is expressly prohibited by) the existing permit 
terms or conditions, the permit must be formally revised prior to 
commencing operation of such activities or you will be in violation of 
the permit prior to their revision.
    6. The increase in potential-to-emit from a remediation activity 
will make my facility a major source overall, but only for a limited 
time. Am I required to get a title V permit? What activities can occur 
before my title V permit is issued?
    All major sources are required by 40 CFR 70.5(a)(1), or 40 CFR 
71.5(a)(2) to submit their permit application no later than 12 months 
after they commence operation, but State law could require it sooner. 
After that, 40 CFR 70.7(a)(2), or 40 CFR 71.7(a)(2), allows permitting 
authorities up to 18 months to issue the final permit, but State law 
may also require issuance sooner.
    Major sources that expect to operate for 12 months or more 
obviously must submit a permit application in all cases. Sources that 
expect to operate less than 12 months (or whatever deadline the State 
sets) may decide not to prepare a permit application, at the risk of 
operating past that deadline without submitting the required 
application. Also note that policies concerning the permitting of such 
sources may vary from State to State; so it is also a good idea to 
contact your permitting authority concerning the steps necessary to 
fulfill your obligations under the operating permit program.
    7. What are the requirements for remediation equipment that moves 
from one facility to another after completing each remediation 
activity?
    Permitting authorities will decide how to permit such sources on a 
case-by-case basis, taking into account the particular circumstances 
known to them at that time. Many permitting authorities have policies 
or specific rules to address the permitting of portable sources, or 
other activities of short-duration, which are usually those expected to 
operate less than 1 or 2 years at any one location, and which are 
expected to operate in more than one location during a typical 5-year 
permit term. In addition, 40 CFR 70.6(e), or 40 CFR 71.6(e), addressing 
temporary sources, allows permitting authorities to issue a single 
operating permit for a major source that will operate in multiple 
locations during its 5-year permit term.
    8. My facility's current operations are covered by an existing 
title V permit, do I have the option of obtaining a separate title V 
permit for a new remediation activity?
    In some cases, permitting authorities have authority to issue 
multiple operating permits to a single source, and if this is the case, 
they may agree to issue a separate permit for the remediation 
activities. Although title V permits are typically thought of as a 
single permit that covers all the applicable requirements and all 
emissions units at a single source, the CAA allows permitting 
authorities to issue multiple permits to a single source. Such issuance 
would be consistent with title V as long as the assemblage of permits 
for a single major source addresses all applicable requirements at all 
subject emission

[[Page 49412]]

units (in the same way that a single major source permit would).

L. What Are the Implications for This NESHAP for Clean Air Act New 
Source Review Requirements?

    This NESHAP does not change any of the existing requirements under 
the NSR program. The questions and answers within this section 
summarize the NSR program and a source's general requirements under 
this program.
    1. How is the NSR program structured?
    The NSR program is divided into three parts: Nonattainment NSR for 
major sources, Prevention of Significant Deterioration (PSD) for major 
sources, and minor source NSR. The term ``NSR'' is used to refer to 
both the overall program, and to the requirements that apply in 
nonattainment areas (e.g., nonattainment NSR). Nonattainment NSR 
applies to large facilities (major sources) located in areas where air 
quality is unhealthy to breathe --i.e. where the NAAQS for a CAA 
pollutant is not being met. These areas are called nonattainment areas.


    Note: The term major source as it applies to the NSR program is 
discussed in detail in the July 23, 1996 Federal Register (61 FR 
38429)). Nonattainment NSR for major sources of certain pollutants 
also applies in the federally designated ozone transport region 
(OTR), which consists of eleven northeastern states.\1\Prevention of 
significant deterioration (PSD) applies to major sources located in 
areas where air quality is currently acceptable--i.e. where the 
NAAQS for a CAA pollutant is being met. These are called attainment 
areas. Minor NSR applies to smaller sources and modifications that 
contribute to air pollution throughout the country.


    \1\ Connecticut, Delaware, Maine, Maryland, Massachusetts, New 
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, 
Vermont, and Washington, DC.
---------------------------------------------------------------------------

    2. Who runs the NSR and PSD programs?
    The NSR program is administered by State and local air pollution 
permitting authorities, who are responsible for issuing all permits. 
Each state or local permitting authority is required to incorporate NSR 
and PSD requirements into its State Implementation Plan (SIP), which is 
the State's plan to ensure progress toward, or maintenance of, 
attainment of all NAAQS. A State's PSD program may be SIP-approved or 
delegated. If the State designs its own program, EPA may approve it so 
long as it meets the criteria listed in Federal PSD regulations. 
Otherwise, the State may take delegation of the Federal PSD program, as 
it is written in the Federal PSD regulations. A State's nonattainment 
NSR program must be a SIP-approved program meeting the criteria listed 
in Federal NSR regulations.
    3. Who is subject to major NSR and PSD requirements?
    No one may begin constructing a new major stationary source or 
undertake a major modification at an existing stationary source without 
obtaining an NSR or PSD permit from the permitting authority. The new 
major source would not need an NSR or PSD permit unless it had new 
potential emissions that qualify as major. Moreover, an existing major 
source that undertakes a major modification is subject to NSR or PSD 
only if there is a significant increase in emissions.
    4. Do sources always need an NSR permit for a construction project?
    Sources may avoid major NSR or PSD altogether by not increasing 
their emissions (e.g., by making changes that do not increase 
emissions, by installing controls on one part of the facility to offset 
increases at another part of the facility, or by agreeing to emission 
limits in their permit). Alternatively, facilities may comply with NSR 
by including modern controls in conjunction with an upgrade project or 
a new facility.
    5. How long does the process take to complete?
    The EPA estimates that the average time it takes to get a major NSR 
or PSD permit is about 7 months from receipt of the permit application.
    6. When NSR or PSD applies, what must sources do?
a. Major Nonattainment NSR in Nonattainment Areas
    New and existing major sources undertaking major modifications 
subject to nonattainment NSR must apply state of the art emission 
controls that meet the lowest achievable emissions rate (referred to as 
LAER). The LAER is based on the most stringent emission limitation in 
any State's SIP, or achieved in practice by the source category under 
review.
    To get a permit, the applicant must also offset its emission 
increase by securing emissions reductions offsets from other sources in 
the area. The amount of the offset must be as great or greater than the 
new increase, and is based on the severity of the area's nonattainment 
classification. The more polluted the air is where the source is 
locating or expanding, the greater the emissions reductions required to 
offset the proposed increase. Offsets must be real reductions in 
emissions, not otherwise required by the CAA, and must be enforceable 
by the EPA.
    Each applicant must also conduct an analysis of ``alternative 
sites, sizes, production processes, and environmental control 
techniques * * * (that) demonstrates that benefits of the proposed 
source significantly outweigh the environmental and social costs of its 
location, construction, or modification.'' The applicant must also 
certify that all other sources operating within the State are operating 
in compliance with the CAA and SIP requirements. Finally, the public 
must be given adequate notice and opportunity to comment on each permit 
application.
b. Prevention of Significant Deterioration in Attainment Areas
    New major sources and existing sources that undertake major 
modifications that are subject to PSD must apply best available control 
technology (BACT). The BACT determination ultimately made by the 
permitting authority allows for a consideration of energy, 
environmental, and economic impacts and other costs on a case-by-case 
basis that is specific to the facility's situation. The permitting 
authority then specifies an emission limit for the source that 
represents BACT.
    Each PSD applicant must also perform an air quality analysis to 
demonstrate that the new emission increase will not cause or contribute 
to a violation of any applicable NAAQS or result in a significant 
deterioration of the air quality. Finally, each applicant must also 
conduct an analysis to ensure that the increase does not result in 
adverse impact on air quality related values, including visibility, 
that affect designated Class I areas, such as wilderness areas and 
national parks.
c. Minor NSR
    For sources not otherwise covered by major PSD or NSR, the CAA 
requires permitting authorities to regulate construction and 
modifications to ensure that the NAAQS are achieved. State programs 
have widely varying requirements. Some are comprehensive, while others 
provide numerous exclusions. Some require a technology review, in 
addition to air quality modeling.

III. Rationale for Selecting the Proposed Standards

A. What Is the Scope of the Source Category To Be Regulated?

    As we discussed in section I.A of this preamble, site remediation 
is one of the approximately 170 categories of sources included on the 
NESHAP source category list. The facilities included

[[Page 49413]]

within the scope of this source category include sites at which the 
cleanup is required to comply with requirements under a State 
regulatory program as well as sites at which cleanups are performed on 
a voluntary basis. In section II.A of this preamble, we discuss how 
statutory directives under RCRA and CERCLA direct us to address the 
control of air emissions from certain site remediations and that those 
activities under the RCRA Corrective Action and CERCLA authorities are 
exempt from the requirements of the proposed rule.

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

    The specific chemicals, compounds, or groups of compounds 
designated by Congress to be HAP are listed in CAA section 112(b). 
Included on the list are organic and inorganic chemicals. From this 
list of HAP, we selected the specific HAP to be regulated under this 
NESHAP for site remediations.
1. Organic HAP
    Organic HAP potentially can be emitted from site remediations at 
many different types of facilities. We considered but decided not to 
select all of the organic HAP listed under section 112(b) for 
regulation in the Site Remediation NESHAP. Instead, we decided to be 
consistent with the approach we used for the OSWRO NESHAP as well as 
other NESHAP promulgated for source categories with large diversity in 
the organic chemical constituents present in the materials managed at 
any given facility and instead regulate on the basis of a surrogate 
that reasonably ensures MACT control of the organic HAP present. See 
National Lime v. EPA, 238 F. 3d, (D.C. Cir. 2000, upholding use of 
surrogates in establishing MACT standards).
    When we developed the organic HAP list for the OSWRO NESHAP, we 
evaluated each organic chemical or chemical group listed as a HAP in 
CAA section 112(b) with respect to its potential to be emitted from a 
waste management or recovery operation. The criteria used to 
characterize and evaluate emission potential was based on a chemical 
constituent's Henry's law constant, evaluation of the aqueous and 
organic volatility characteristics of the chemical, and the ability of 
the analytical test methods to quantitate the chemical. Based on our 
evaluation, we selected 98 specific organic HAP compounds or compound 
groups to be regulated under the proposed rule (Table 1 to 40 CFR part 
63, subpart DD.).
    Although the OSWRO NESHAP, by an exclusion under the rule 
applicability, does not apply to units managing wastes from site 
remediations, the data base that we used to select the list of organic 
HAP for the OSWRO NESHAP included remediation wastes sent to hazardous 
waste TSDF. We believe that this data base is also representative of 
the range of organic HAP chemicals having the potential to be emitted 
from the sites requiring cleanup of media contaminated with volatile or 
semi-volatile organics and other remediation material. Therefore, we 
are proposing that same list of organic HAP used for the OSWRO NESHAP 
also be used for the Site Remediation NESHAP. This list is presented in 
Table 1 to proposed Subpart GGGGG. We request comment on the proposal 
to use this list of organic HAP for the Site Remediation NESHAP.
2. Inorganic HAP
    The types of inorganic compounds listed as HAP in CAA section 
112(b) that are most likely to be in contaminated media requiring 
remediation are heavy metals (i.e., antimony, arsenic, beryllium, 
cadmium, chromium cobalt, lead, manganese, mercury, nickel, and 
selenium). A widely used remediation approach for cleanup of soils, 
sludges, or sediments contaminated with heavy metals involves 
excavating the contaminated media, treating the remediation material in 
a solidification or stabilization process, and disposing of the treated 
material in an appropriate landfill (which may be on-site or an off-
site facility). Metals in the contaminated soil are immobilized by the 
added binder material used for the fixation process. In situations 
where groundwater is contaminated with heavy metals, site remediation 
typically involves extracting the groundwater by pumping it to the 
surface and then removing the metals by a physical or chemical process 
(e.g., precipitation, ion exchange). The metals remain in the wet 
precipitate or other extraction media and are not released to the 
atmosphere.
    For some site remediations involving the cleanup of media 
containing both metals and organic contaminates, the extracted 
remediation waste is burned in an incinerator or other combustion 
device. Metal HAP contained in the remediation waste vaporize at high 
combustion temperatures or become airborne as fine particles and can 
remain in combustion gases in either a gaseous or particulate form. Any 
metal HAP contained in the combustion gases that is not captured and 
removed by a control device is emitted to the atmosphere.
    Based on our information regarding the cleanup of media 
contaminated with metals or other inorganic HAP, many of the 
remediation techniques used do not release the inorganic HAP to the 
atmosphere. In cases where remediation material containing inorganic 
HAP is burned in an incinerator, the incinerator used must already meet 
air standards under the CAA and RCRA that limit organic, particulate 
matter, metals, and chloride emissions. (See, e.g. 40 CFR part 263, 
subpart EEE (MACT standards for hazardous waste combustion sources).) 
Therefore, we are proposing that metals and other inorganic compounds 
listed as HAP in CAA section 112(b) not be regulated by this Site 
Remediation NESHAP. We are specifically requesting comment on this 
proposal and, in particular, would appreciate receiving data regarding 
the sources and quantity of inorganic HAP emissions from site 
remediations and available control technologies applicable to the 
sources in order to either support or revise our decision not to 
regulate inorganic HAP emissions under this NESHAP.

C. How Did We Select the Affected Source To Be Regulated?

    For the purpose of implementing a NESHAP under 40 CFR part 63, 
``affected source'' is defined to mean the stationary source, or 
portion of a stationary source that is regulated by a relevant standard 
or other requirement established pursuant to section 112 of the CAA. 
Each relevant standard is to designate the affected source for the 
purposes of that standard. Within a source category, we must decide 
which of the sources of HAP emissions (i.e., emission points or 
groupings of emission points) to which the proposed rule applies.
    One option for the Site Remediation NESHAP is to define the 
affected source as the entire set of activities performed for a given 
site remediation such as the cleanup of contaminated soil or the 
cleanup of contaminated groundwater. The affected source would consist 
of the mix of emission points for the sequence of activities in which 
the contaminated media or other remediation material is extracted (if 
needed), stored, conveyed, treated, or, otherwise handled at the 
facility. Under this broad definition option, a separate emission 
limitation for MACT would be determined for the entire group of 
emission points associated with a site remediation to clean up the 
contaminated soil. Another emission limitation for MACT would be 
determined for the entire group of emission points associated with a 
site remediation to clean up the contaminated groundwater. Unlike the 
NESHAP source categories that can be

[[Page 49414]]

readily characterized by one or several standardized process 
configurations which are used throughout the industrial segment 
representing the source category, the operations used for all 
contaminated soil or contaminated groundwater remediations cannot. The 
activities, equipment configurations, and sequencing of operations used 
are not consistent from site remediation to site remediation. 
Therefore, we concluded that this option is not an appropriate approach 
for defining the affected sources for the Site Remediation NESHAP.
    Another option we considered is to define the affected source in 
terms of common groupings of processes and equipment used for 
management and cleanup of contaminated media and other remediation 
materials (i.e., tanks, containers, process vents, and equipment 
leaks). Under this option, MACT is determined for each emission source 
group. We believe that this option is an appropriate way to define the 
affected source for the Site Remediation NESHAP. Designating the 
affected source to be a group of similar emission point types ensures 
that air emission controls of equivalent performance are applied at the 
same time to all of the units used to manage a remediation material 
stream. Also, this approach to defining sources is consistent with 
other NESHAP for related waste management operations (e.g., the OSWRO 
NESHAP). Therefore, for the Site Remediation NESHAP, we determined 
separate MACT for common groups of emission point sources.
    The first group of common emission points designated to be an 
affected source for the Site Remediation NESHAP is the group of pipes, 
stacks, or ducts that allow the passage of gases, vapors, or fumes 
containing organic HAP to the atmosphere from any treatment process 
used at the facility to remove, destroy, or otherwise transform the 
hazardous substances in remediation material. These pipes, stacks, and 
ducts are collectively referred to as process vents in the proposed 
rule. The process vent may be either associated with an in situ process 
(e.g., soil vapor extraction used to treat contaminated soil) or ex 
situ process (e.g., air stripper used to treat contaminated ground 
water, or thermal desorption unit used to treat contaminated soil). For 
the purposes of applying the standards, a process vent is neither a 
vent that operates as a safety device nor a stack or duct used to 
exhaust combustion products from a boiler, furnace, incinerator, or 
other enclosed combustion device that is being used to treat a 
remediation waste or material. If these combustion devices are being 
used as an air pollution control device to control air emissions then 
the vent could be subject to the standards.
    The next group of common emission points designated to be an 
affected source for the Site Remediation NESHAP is the group of units 
used at the facility which handle, temporarily store, or otherwise 
manage the remediation material once it has been extracted from the 
ground. This group of sources includes units that treat extracted 
contaminated media but do not use a process vent (e.g., a tank used for 
biological degradation treatment of contaminated groundwater). These 
units are tanks, containers, surface impoundments, oil-water and 
organic-water separators, individual drain systems, and other 
stationary transfer or conveyance. The units regulated under this 
affected source designation are collectively referred to as remediation 
material management units in the propose rule.
    A third group of common emission points designated to be an 
affected source for the Site Remediation NESHAP is the group of 
equipment components prone to emitting organic HAP as a result of 
liquid or vapor leaks. This group of equipment consists of pumps, 
compressors, agitators, pressure relief devices, sampling connection 
systems, open-ended valves and lines, valves, connectors, and 
instrumentation systems that contain or contact remediation material 
once it has been extracted from the ground.
    We have identified two other types of remediation activities that 
may emit organic HAP but do not belong in any of the above three 
affected source groups. These activities are the excavation of 
contaminated soil and land treatment process for contaminated soils, 
sediments, and sludges. Excavation of contaminated soil involves the 
use of heavy machinery to dig up the soil. The excavated material is 
then either placed directly into dump trucks for transport offsite or 
moved to another location at the facility for storage or treatment. 
Land treatment processes are open biodegradation processes in which the 
contaminated soil, sediment, or sludge is excavated, re-applied in 
shallow layers on the ground surface, and periodically turned over or 
tilled to aerate the applied material. The organic contaminants are 
neutralized, destroyed or transformed by biological actions of microbes 
in the materials.
    Our information indicates that there are no add-on controls 
currently in use to control organic emissions from these activities, 
nor are we aware of any practical work practices or process 
modification that can be implemented to reduce organic HAP emissions 
from these activities. Therefore, we are proposing not to develop 
standards under this NESHAP for either excavation operations or land 
treatment activities. We specifically request comment on the technical 
and practical feasibility of controlling HAP emissions from these 
remediation activities, actual HAP emissions rates that occur, and the 
costs of applying any applicable controls.

D. How Did We Determine MACT for the Affected Sources?

    Section 112(d)(3) of the CAA specifies that the MACT standards for 
existing sources cannot be less stringent than the average emission 
limitation achieved by the best-performing 12 percent of existing 
sources for categories and subcategories with 30 or more sources. There 
are many more than 30 site remediations being conducted nationwide. 
Therefore, the MACT floor for existing sources at site remediations is 
established by the best-performing 12 percent of existing sources.
    We reviewed our information for site remediations to find an 
approach for identifying the best-performing 12 percent of existing 
sources, arraying the data for each category of emission point. Our 
data includes individual existing sites where remediation activities 
use add-on air emission controls (e.g., venting air strippers through 
carbon adsorbers, management of remediation wastes in covered tanks). 
However, there are remediation sites in our data base at which no air 
emission controls are used. The use of air emission controls at a given 
location depends on a combination of factors including, but not limited 
to, the type and extent of contamination requiring cleanup, the nature 
of the site remediation activities used for the cleanup, and the 
requirements imposed by the agency having oversight of the site 
remediation.
    Determining a MACT floor based on use of control measures other 
than add-on controls (e.g., fuel switching, material substitution or 
reformulation, process modification, material recycling within the 
process) is not technically appropriate for, or applicable to, the site 
remediation source category. This source category addresses HAP 
emissions that are released from the cleanup of pre-existing 
environmental contamination problems. By the time the need for site 
remediation has been identified, the opportunity has passed for 
applying any pollution prevention or source reduction techniques.

[[Page 49415]]

    The use of add-on air emission controls by some existing site 
remediation activities indicates that the average emission limitation 
being achieved by the best performing 12 percent of these sources is at 
some level above applying no controls (i.e., the emission limitation 
achieved by best performing 12 percent of the sources is greater than 
zero). The difficulty we are presented with is not having the 
information to determine average emission limitation achieved by the 
best performing 12 percent of existing sources at site remediations 
nationwide. We do not have comprehensive nationwide facility survey 
data by which we can state, with a reasonable level of confidence, that 
the sources for which we do have air emission control data do indeed 
represent the top 12 percent of the best performing existing sources 
nationwide. These sources may represent well more than the top 12 
percent but there also is the possibility that the sources represent 
less than the top 12 percent. We do not have the data needed to 
definitively calculate the statistical distribution of air emission 
controls used at existing remediation sites nationwide.
    Obtaining nationwide counts of existing site remediation activities 
is not a trivial task given the uniqueness of the site remediation 
source category. Many site remediations are voluntary actions and are 
not reported for inclusion in existing EPA site remediation data bases. 
Furthermore, some existing site remediations are performed to address a 
unique contamination situation and may not be relevant to site 
remediations that are performed in the future. A comprehensive 
information collection survey to collect the needed data would require 
very significant time and resource commitments by both us and the 
survey respondents, and would not necessarily provide us with all of 
the information we need. In addition, it is not clear that on-going 
remediation activities have the available data needed to adequately 
characterize the source category.
    Given the uniqueness of the site remediation source category, the 
extent of information currently available to us, and the complexities 
of gathering additional meaningful information, we decided to forgo 
statistically computing an emission limitation or identifying a 
specific control technology that represents the MACT floor for site 
remediations. The MACT floor for existing affected sources is some 
level of air emission control beyond no controls. Because the 
provisions of section 112 allow us to select MACT for a source category 
that is more stringent than the MACT floor (provided that the control 
level selected is technically achievable and that we consider the cost 
of achieving the emissions reductions, any non-air quality health and 
environmental impacts, and energy requirements associated with the 
selected control level (CAA section 112(d)(2)), we chose to select the 
MACT technology directly.
    To select a MACT technology from alternatives beyond the MACT floor 
for each affected source, we looked at the types of air emission 
controls required under national air standards for sources similar to 
those sources that potentially may be associated with site 
remediations. These air standards are NESHAP for other source 
categories, particularly the OSWRO NESHAP under 40 CFR part 63, subpart 
DD, and the air standards for RCRA hazardous waste treatment, disposal, 
and facilities under subparts AA, BB, and CC in 40 CFR parts 264 and 
265 (RCRA Air Rules). The control levels established by the emission 
limitation and work practices we are proposing here are being 
implemented at existing sources subject to these similar rules; this 
demonstrates that the control levels are technically achievable.
    As stated in the previous paragraph, these control requirements and 
action levels already exist in either the RCRA Air Rules or the OSWRO 
NESHAP, or both. Given that these existing rules specify control 
requirements for sources similar to those comprising the affected 
source group for the Site Remediation NESHAP, and that sources already 
regulated by these existing standards will likely manage and/or treat 
remediation material regulated by the Site remediation NESHAP also, we 
believe that the requirements within these existing rules represent 
industry practice for remediation activities and therefore MACT for the 
Site Remediation NESHAP. Nevertheless, we recognize that the existing 
standards were designed for controlling emissions from ongoing 
industrial activities that would continue for many years, rather than 
for limited-duration activities such as site remediations. The Agency 
requests comment on the appropriateness of using the existing standards 
for limited-duration site remediations.

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

    The proposed standards for the Site Remediation NESHAP consist of a 
combination of several formats: numerical emission limits and operating 
limits, equipment standards, and work practice standards. We selected 
the formats for each of the proposed standards to be consistent with 
the formats used in other NESHAP for similar organic HAP sources.

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

    The Site Remediation NESHAP would control three different groups of 
emission points: process vents, remediation material management units, 
and equipment leaks. The control technologies and work practices used 
to control these emission point groups would have different testing and 
initial compliance requirements. The methods proposed for testing and 
for demonstrating initial compliance with the proposed standards are 
consistent with those in other NESHAP that require using these same 
control technologies and work practices.
    We selected the performance testing requirements to demonstrate 
compliance with the control device emission limits based on the use of 
the applicable EPA test methods. We propose in the proposed rule to use 
EPA Methods 1, 1A, 2, 2A, 2C, 2D, 3, 4, 9, 18 (total organic HAP or 
total organic compounds), 22, 25, 25A, 305 and 316 of 40 CFR part 60, 
appendix A, and SW 846 9095A. Consistent with the National Technology 
Transfer and Advancement Act (NTTAA), we conducted searches to identify 
potential voluntary consensus standards that could be used in place of 
these EPA methods. As discussed further in section V.H of this 
preamble, no applicable voluntary consensus standards were identified 
as practical alternatives to the EPA Methods included in the proposed 
rule.

G. How Did We Select the Continuous Compliance Requirements?

    Continuous monitoring is required under each NESHAP so that we can 
determine whether a source remains in compliance following the initial 
compliance determination. When determining appropriate monitoring 
options, we considered the availability and feasibility of a number of 
monitoring strategies ranging from continuous emission monitoring to 
process and control device parameter monitoring.
    Monitoring of control device operating parameters is considered 
most appropriate for many other similar emission sources and, 
therefore, we have included this as the primary monitoring approach in 
these proposed standards. We selected operating parameters for the 
following types of control devices that are reliable indicators of 
control device performance: thermal and catalytic

[[Page 49416]]

oxidizers, flares, adsorbers, condensers, boilers, incinerators, and 
process heaters. In general, we are proposing selected parameters and 
monitoring provisions that were included in the OSWRO NESHAP. Sources 
would monitor these parameters to demonstrate continuous compliance 
with the emission limits and operating limits.

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

    The required notifications and other reporting are based on the 
General Provisions in subpart A of 40 CFR part 63. The initial 
notification and the semiannual compliance reports include information 
on the remediation material and affected site remediation activities, 
and they require any changes to this information to be reported in 
subsequent reports. Similarly, records are 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 site remediation 
processes and the emissions being controlled, we have determined that 
control device parameter monitoring is appropriate in this 
circumstance. The required 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

A. What Are the Emissions Reductions?

    We estimated nationwide organic HAP emissions from the site 
remediations potentially subject to the proposed rule based on the 
information available to us including remediation waste quantity and 
treatment practice data for the year 1997 and earlier. Nationwide 
organic HAP emissions from regulated sources are estimated to be 
approximately 1,140 Mg/yr. Nationwide VOC emissions from regulated 
sources are estimated to be approximately 7,360 Mg/yr. (Although not 
all VOC are organic HAP, we may permissibly note the air benefits from 
controlling non-HAP pollutants such as VOC when considering a MACT 
standard. (See S. Rep. 101-228, 101st Cong. 1st sess. 172) We estimate 
that implementation of the proposed rule would reduce these nationwide 
air emissions by approximately 50 percent to 570 Mg/yr of HAP and 3,680 
Mg/yr of VOC.

B. What Are the Cost Impacts?

    The nationwide total capital investment cost and the annual 
operating cost of the control equipment required to meet the proposed 
standards are estimated to be $17.6 million and $5.8 million per year, 
respectively. When fully implemented, the proposed rule is estimated to 
result in a total annual cost of $8.2 million per year.

C. What Are the Economic Impacts?

    The proposed rule would affect owners and operators of facilities, 
subject to the exceptions described in section I.A of this preamble, 
that are major sources of HAP emissions and at which a site remediation 
is conducted to clean up media or other material contaminated with any 
of the organic HAP substances listed in the proposed rule. Because of 
the nature of activities regulated by the source category, a 
comprehensive list of NAICS codes cannot be compiled for businesses or 
facilities potentially regulated by this action. As a result, the 
economic impact analyses focused on a set of industries from the 1997 
Biennial Reporting System (BRS) database that were known to be large 
quantity generators of hazardous waste and who were remediating 
hazardous waste as part of a site remediation. We believe that the data 
provides an adequate overview of the potential impacts of the proposed 
rule. However we recognize that the actual industries directly impacted 
by the proposed rule in the year the proposed rule is implemented and 
the costs incurred by these industries may differ somewhat from the set 
of industries identified in the 1997 BRS data and the costs assigned to 
these industries for the purposes of the economic analysis.
    In general, we did not find evidence of significant impacts at the 
industry level. From the BRS data, over 80 industries were predicted to 
have annual compliance costs as a result of the proposed rule, and 15 
industries accounted for 91 percent of the national compliance cost 
estimate of $8.16 million\2\. We employed an engineering or financial 
analysis to estimate impacts, which takes the form of the ratio of 
compliance costs to the value of sales (cost-to-sales ratio (CSR)). We 
calculated CSR for 12 industries and found all had CSR below 0.02 
percent. The CSR are less than the lower quartile return on sales for 
all industries with profitability data available. We did not compute 
CSR for the remaining three industries because revenue data were not 
available.
---------------------------------------------------------------------------

    \2\ Value reported in $2000. For the economic impact analysis, 
EPA adjusted this estimate to $1997 using a cost factor (0.9753) 
developed from the Chemical Engineering Composite Plant Cost Index. 
Thus, the total annual compliance costs in $1997 is $7.96 million.
---------------------------------------------------------------------------

    The CSR will likely overstate the impact on firms and understate 
the impact on consumers. The CSR assumes that there are no changes in 
the market as a result of the higher costs of production faced by the 
firms and that the firms continue to produce the same quantities, sell 
at the same price and absorb the full amount of the compliance costs.
    Small business impacts were particularly difficult to assess 
because of the uncertainty over the facilities that will actually be 
impacted by the proposed rule. As a result, we concluded that 
sufficient data and related information did not exist to conduct a 
small business screening analysis.

D. What Are the Non-Air Quality Environmental and Energy Impacts?

    Compliance with the standards in the proposed rule requires using 
types of control equipment commonly in use to control organic emissions 
from process sources at many of the industrial facilities at which site 
remediations are most likely to occur. The non-air environmental and 
energy impacts associated with implementing the requirements of the 
proposed rule primarily are expected to result from the operation of 
these control devices. No significant adverse water, solid waste, or 
energy impacts are expected as a result of the proposed rule.

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,

[[Page 49417]]

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.
    It has been determined that the proposed rule is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is, therefore, not subject to OMB review.

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.
    The 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 the 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 the 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.''
    Under section 5(b) of Executive Order 13175, EPA may not issue a 
regulation that has tribal 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 tribal governments, or EPA consults with 
tribal officials early in the process of developing the proposed 
regulation. Under section 5(c) of Executive Order 13175, EPA may not 
issue a regulation that has tribal implications and that preempts 
tribal law, unless the Agency consults with tribal officials early in 
the process of developing the proposed regulation.
    The EPA has concluded that the proposed rule may have tribal 
implications since site remediation activities could be conducted on 
tribal lands. We do not have any information identifying specific 
remediation activities being conducted at this time. However, it will 
neither impose substantial direct compliance costs on tribal 
governments, nor preempt State law. Thus, the requirements of sections 
5(b) and 5(c) of the Executive Order do not apply to the proposed rule.
    Consistent with EPA policy, EPA nonetheless has made attempts to 
invite tribal representatives to participate in the rulemaking 
activities early in the process of developing this proposed rule to 
permit them to have meaningful and timely input into its development. 
We have contacted tribal representatives and groups directly to notify 
them of this proposed rule development activity and to solicit their 
participation. Despite these efforts, EPA has not been contacted by 
tribal representatives to participate in the rulemaking process to 
date.
    In the spirit of Executive Order 13175, and consistent with EPA 
policy to promote communications between EPA and tribal governments, 
EPA specifically solicits comment on the 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 proposed 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. The 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, the 
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

    The proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it 
is not a significant regulatory action under Executive Order 12866.

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

[[Page 49418]]

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 the 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 the 
proposed rule for any year has been estimated to be about $23.4 
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 the 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.

    Under the Regulatory Flexibility Act, the Agency must prepare a 
Regulatory Flexibility Analysis unless the Administrator certifies that 
the rule, if promulgated, will not impose a significant economic impact 
on a substantial number of small entities. The Courts consistently have 
held that the provisions of the RFA apply only with respect to small 
entities that are subject to the proposed rule. The proposed rule sets 
minimum standards to be met when parties engage in future site 
remediation activities, but it does not itself require any party to 
undertake such activities. States may choose to direct a party to 
undertake site remediation, or parties may undertake remediation 
activities voluntarily. Today's action places no requirement on any 
party to initiate site remediation activities. The EPA anticipates that 
parties that undertake site remediation activities generally will do so 
voluntarily and that the impact of the proposed rule on those parties 
would not be significant. Further, because States and other parties 
will decide whether to undertake site remediation activities, it is 
extremely difficult, if not impossible, to predict how many or what 
types of small entities will undertake such activities. In addition, 
the proposed rule is structured to avoid impacts on small businesses. 
The proposed rule specifically excludes from its scope remediation 
activities conducted at gasoline stations, farm sites and residential 
sites (on the ground that these remediation activities would not exceed 
the threshold for major sources). Moreover, the proposed rule would 
apply only to remediation sites located at a facility that is a major 
source under the CAA and engages in a ``MACT activity'' (defined as a 
non-remediation activity covered in the MACT list of major source 
categories pursuant to CAA section 112(c)). Such sources tend to be 
large businesses. The proposed rule also contains emissions thresholds 
that are not likely to apply to small businesses. For example, the 
proposed rule exempts sources where the total annual quantity of HAP 
contained in all extracted remediation material at the facility is less 
than 1 Mg/yr. For these reasons, I certify that the rule, if 
promulgated, will not impose a significant economic impact on a 
substantial number of small entities.

H. Paperwork Reduction Act

    We will submit the information collection requirements in the 
proposed rule for approval to the Office of Management and Budget under 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An Information 
Collection Request (ICR) document has been prepared by EPA (ICR No. 
2062.01) and you may obtain a copy from Susan Auby by mail at U.S. EPA, 
Office of Environmental Information, Collection Strategies Division 
(2822T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, by e-mail 
at [email protected], or by calling (202) 566-1672. A copy may also be 
downloaded off the Internet 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 in subpart A to 40 CFR 
part 63. 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 
341,737 labor-hours per year, with a total annual cost of $17.7 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

[[Page 49419]]

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. Comments 
are requested on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including through the use of automated 
collection techniques. By U.S. Postal Service, send comments on the ICR 
to the Director, Collection Strategies Division, U.S. EPA (2822T), 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th St., NW., Washington, DC 20503, marked ``Attention: Desk 
Officer for EPA''.; or by courier, send comments on the ICR to the 
Director, Collection Strategies Division, U.S. EPA (2822T), 1301 
Constitution Avenue, NW., Room 6143, Washington, DC 20460 (202) 566-
1700. Include the ICR number in any correspondence. Since OMB is 
required to make a decision concerning the ICR between 30 and 60 days 
after July 30, 2002, a comment to OMB is best assured of having its 
full effect if OMB receives it by August 29, 2002. The final rule will 
respond to any OMB or public comments on the information collection 
requirements contained in this proposal.

I. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA) (Public Law No. 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.
    The proposed rulemaking involves technical standards. The EPA 
proposes in the proposed rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 
3, 4, 9, 18 (total organic HAP or total organic compounds), 22, 25, 
25A, 305 and 316 of 40 CFR part 60, appendix A, and Method 9095A in SW 
846, ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods.'' Consistent with the NTTAA, EPA conducted searches to 
identify VCS in addition to these EPA methods. No applicable VCS were 
identified for EPA Methods included in the proposed rule.
    The search for emissions measurement procedures identified 12 VCS 
as potential alternatives to the EPA methods specified in the proposed 
rule. Following further evaluation, the EPA determined that ten of 
these 12 standards identified for measuring emissions of HAP or 
surrogates subject to emissions standards in the proposed rule were 
impractical alternatives to EPA test methods for the purposes of the 
proposed rule. Therefore, the EPA does not intend to adopt these 
standards. The reasons for the determinations of these nine methods are 
discussed below.
    The standard ISO 10780:1994, ``Stationary Source Emissions--
Measurement of Velocity and Volume Flowrate of Gas Streams in Ducts,'' 
is impractical as an alternative to EPA Method 2 in the proposed rule. 
This standard, ISO 10780:1994, recommends the use of L-shaped pitots, 
which historically have not been recommended by EPA because the S-type 
design has large openings which are less likely to plug up with dust.
    The standard ASTM D3464-96, ``Standard Test Method Average Velocity 
in a Duct Using a Thermal Anemometer,'' is impractical as an 
alternative to EPA Method 2 for the purposes of the proposed rule 
primarily because applicability specifications are not clearly defined, 
(e.g., range of gas composition, temperature limits). Also, the lack of 
supporting quality assurance data for the calibration procedures and 
specifications, and certain variability issues that are not adequately 
addressed by the ASTM standard limit EPA's ability to make a definitive 
comparison of the method in these areas.
    The VCS ASTM D6060 (in review 2000), ``Practice for Sampling of 
Process Vents with a Portable Gas Chromatograph,'' is an impractical 
alternative for EPA Method 18 for the purposes of the proposed rule 
because it lacks acceptance criteria for calibration, details on using 
other collection media (e.g., solid sorbents), and reporting/
documentation requirements that are included in EPA Method 18.
    The VCS ASTM D6420-99, ``Standard Testing Method for Determination 
of Gaseous Organic Compounds by Direct Interface Gas Chromatography-
Mass Spectrometry (GC/MS),'' also is an impractical alternative for EPA 
Method 18 for the purposes of the proposed rule. This method only 
detects 25 of the 98 specific organic HAP constituents subject to 
regulation by the proposed rule. The specific organic HAP composition 
of the remediation material to be cleaned up is often unknown and using 
a method to determine compliance with total organic HAP emissions 
limitations that only detects a narrow subset of the entire group of 98 
organic HAP compounds subject to the proposed rule is not appropriate. 
Method 18 is the only method currently available to ensure that all 98 
HAP compounds regulated by the proposed rule are accounted for in the 
computation of the total organic HAP emissions from an affected source. 
We request comment on our decision not to include ASTM method D6420-99.
    Two VCS, EN 12619:1999 ``Stationary Source Emissions-Determination 
of the Mass Concentration of Total Gaseous Organic Carbon at Low 
Concentrations in Flue Gases--Continuous Flame Ionization Detector 
Method'' and ISO 14965:2000(E) ``Air Quality-Determination of Total 
Nonmethane Organic Compounds-Cryogenic Preconcentration and Direct 
Flame Ionization Method,'' are impractical alternatives to EPA Method 
25A for the purposes of this rulemaking because the standards do not 
apply to solvent process vapors in concentrations greater than 40 ppm 
for EN 12619 and 10 ppm carbon for ISO 14965. Methods with whose upper 
limits are this low are too limited to be useful in measuring source 
emissions, which are expected to be much higher.
    Four of the nine VCS are impractical alternatives to EPA test 
methods for the purposes of the proposed rule because they are too 
general, too broad, or not sufficiently detailed to assure compliance 
with EPA regulatory requirements: ASTM D3796-90 (Reapproved 1996), 
``Standard Practice for Calibration of Type S Pitot Tubes,'' for EPA 
Method 2; ASME C00031 or PTC 19-10-1981--Part 10, ``Flue and Exhaust 
Gas Analyses,'' for EPA Method 3; ASTM E337-84 (Reapproved 1996), 
``Standard Test Method for Measuring Humidity with a Psychrometer (the 
Measurement of Wet- and Dry-Bulb Temperatures),'' for EPA Method 4; and 
ASTM D3154-91, ``Standard Method for Average Velocity in a Duct (Pitot 
Tube Method),'' for EPA Methods 1, 2, 2C, 3, and 4. Two of the 11 VCS 
identified in this search were not available at the time the review was 
conducted for the purposes of the proposed rule because they are under 
development by a voluntary consensus body: ASME/BSR MFC 13M, ``Flow 
Measurement by Velocity Traverse,'' for EPA Method 1 (and possibly 2); 
and ASME/BSR MFC 12M, ``Flow in Closed Conduits Using

[[Page 49420]]

Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2. While 
we are not proposing to include these two VCS in today's proposed rule, 
the EPA will consider the standards when they are finalized.
    The EPA takes comment on the compliance demonstration requirements 
in the proposed rule and specifically invites the public to identify 
potentially-applicable VCS. The commenter should also explain why this 
regulation should adopt these VCS in lieu of or in addition to EPA's 
standards. Emission test methods and performance specifications 
submitted for evaluation should be accompanied with 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 GGGGG 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 proposed rule 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 the 
proposed rule.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: July 3, 2002.
Christine Todd Whitman,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
63, of the Code of the 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. Part 63 is amended by adding subpart GGGGG to read as follows:

Subpart GGGGG--National Emission Standards for Hazardous Air 
Pollutants: Site Remediation

What This Subpart Covers

Sec.
63.7880  What is the purpose of this subpart?
63.7881  Am I subject to this subpart?
63.7882   What activities at my facility does this subpart cover?
63.7883  When do I have to comply with this subpart?

Emissions Limitations and Work Practice Standards

63.7890  What emissions limitations and work practice standards must 
I meet?

General Compliance Requirements

63.7900  What are my general requirements for complying with this 
subpart?
63.7901  What requirements must I meet if I transfer remediation 
material to another party, another facility, or receive remediation 
material from another facility?

Testing and Initial Compliance Requirements

63.7910  By what date must I conduct performance tests or other 
initial compliance demonstrations?
63.7911  When must I conduct subsequent performance tests?
63.7912  What tests, design evaluations, and other procedures must I 
use?
63.7913  What are my monitoring installation, operation, and 
maintenance requirements?
63.7914  How do I demonstrate initial compliance with the emissions 
limitations and work practice standards?

Continuous Compliance Requirements

63.7920  How do I monitor and collect data to demonstrate continuous 
compliance?
63.7921  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards?

Notifications, Reports, and Records

63.7930  What notifications must I submit and when?
63.7931  What reports must I submit and when?
63.7932  What records must I keep?
63.7933  In what form and how long must I keep my records?

Other Requirements and Information

63.7940  What parts of the General Provisions apply to me?
63.7941  Who implements and enforces this subpart?
63.7942  What definitions apply to this subpart?

Tables to Subpart GGGGG of Part 63

Table 1 to Subpart GGGGG of Part 63--Hazardous Air Pollutants
Table 2 to Subpart GGGGG of Part 63--Emissions Limitations for 
Process Vent Affected Sources
Table 3 to Subpart GGGGG of Part 63--Emissions Limitations for 
Remediation Material Management Unit Affected Sources
Table 4 to Subpart GGGGG of Part 63--Operating Limits and Associated 
Work Practices for Control Devices
Table 5 to Subpart GGGGG of Part 63--Work Practice Standards
Table 6 to Subpart GGGGG of Part 63--Requirements for Performance 
Tests
Table 7 to Subpart GGGGG of Part 63--Initial Compliance With 
Emissions Limitations
Table 8 to Subpart GGGGG of Part 63--Initial Compliance with Work 
Practice Standards
Table 9 to Subpart GGGGG of Part 63--Continuous Compliance with 
Emissions Limitations
Table 10 to Subpart GGGGG of Part 63--Continuous Compliance with 
Operating Limits
Table 11 to Subpart GGGGG of Part 63--Continuous Compliance with 
Work Practice Standards
Table 12 to Subpart GGGGG of Part 63--Requirements for Reports
Table 13 to Subpart GGGGG of Part 63--Applicability of General 
Provisions to Subpart GGGGG

Subpart GGGGG--National Emission Standards for Hazardous Air 
Pollutants--Site Remediation

What This Subpart Covers


Sec. 63.7880  What is the purpose of this subpart?

    This subpart establishes national emissions limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from site 
remediation activities. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with the emissions 
limitations and work practice standards.


Sec. 63.7881  Am I subject to this subpart?

    (a) This subpart covers remediation activities within the site 
remediation source category, which excludes remediation at gasoline 
stations, farm sites and residential sites.
    (b) This subpart applies to you if you meet all of the criteria 
listed in paragraphs (b)(1) and (2) of this section:
    (1) You own or operate a site remediation activity that is 
collocated within a facility with other sources that are individually 
or collectively a major source of HAP emissions; and
    (2) A MACT activity, as defined in Sec. 63.7942, is performed at 
the facility.
    (c) Remediation means the cleanup of remediation material. For the 
purposes of this subpart, monitoring or measuring contamination levels 
through wells, or by sampling, is not considered to be remediation.
    (d) A major source of HAP is any stationary source or group of 
stationary sources located within a contiguous area and under common 
control that emits or has the potential to emit 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. A source 
that is not a major source is an area source.
    (e) You are not subject to the requirements of this subpart if any 
of the criteria in paragraphs (d)(1) through (7) of this section apply.

[[Page 49421]]

    (1) Your facility is an area source; or
    (2) A MACT activity is not performed at your facility; or
    (3) You are not conducting a remediation activity at your facility; 
or
    (4) You do not have an affected source involved in any remediation 
activity conducted at the facility; or
    (5) Your facility is a research and development facility, 
consistent with section 112(b)(7) of the CAA.
    (6) The remediation is performed under the authority of the 
Comprehensive Environmental Response and Compensation Liability Act.
    (7) Your remediation activity is a corrective action:
    (i) At a Resource Conservation and Recovery Act (RCRA) Treatment, 
Storage and Disposal facility (TSDF) permitted either by the U.S. 
Environmental Protection Agency (EPA) or under a state program 
authorized by EPA under RCRA section 3006;
    (ii) At an interim status TSDF conducted under an order imposed by 
EPA or a state program authorized for corrective action under RCRA 
section 3006; or
    (iii) at any facility as required by orders authorized under RCRA 
section 7003.
    (f) You are not subject to the requirements of this subpart, except 
for the recordkeeping requirements in Sec. 63.7933, if all remediation 
activities at your facility subject to this subpart are completed and 
you have notified the Administrator in writing that all remediation 
activities subject to this subpart are completed. All future 
remediation activity meeting the applicability criteria in paragraph 
(b) of this section must comply with the requirements of this subpart.


Sec. 63.7882  What activities at my facility does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
remediation affected source. The emissions sources listed in paragraphs 
(b)(1) through (3) of this section located at a facility meeting the 
criteria specified in Sec. 63.7881(a) constitute the affected source:
    (b)(1) Process vents. The affected source is the entire group of 
process vents associated with both in situ and ex situ remediation.
    (2) Remediation material management units. The affected source is 
the entire group of tanks, surface impoundments, containers, oil/water 
separators, organic/water separators and transfer systems involved in 
remediation. For the purpose of implementing the standards under this 
subpart, a unit that meets the definition of a tank or container that 
is also equipped with a vent that serves as a process vent for 
processes including, but not limited to, air stripping and solvent 
extraction, as defined in Sec. 63.7942, is not a remediation material 
management unit, but instead is a process vent and is to be included in 
the appropriate affected source group under paragraph (b)(1) of this 
section.
    (3) Equipment leaks. The affected source is the entire group of 
equipment components (pumps, valves, etc.) involved in remediation, 
meeting both of the conditions specified in paragraphs (b)(3)(i) and 
(ii) of this section. If either of these conditions do not apply to an 
equipment component, then that component is not part of the affected 
source for equipment leaks.
    (i) The equipment component contains or contacts remediation 
material having a total HAP concentration equal to or greater than 10 
percent by weight; and
    (ii) The equipment component is intended to operate for 300 hours 
or more during a calendar year in remediation material service, as 
defined in Sec. 63.7942.
    (c) Exceptions. (1) Facility-wide exemption. You are exempt from 
the requirements of this subpart where the total annual quantity of HAP 
contained in all extracted remediation material at the facility 
(including HAP emitted from process vents) is less than 1 megagram per 
year. For your facility to be exempt under the provisions of this 
paragraph, you must meet the requirements in paragraphs (c)(1)(i) 
through (iii) of this section.
    (i) You must prepare an initial determination of the total annual 
HAP quantity in the extracted remediation material at the facility. 
This determination is based on the total quantity of HAP in Table 1 of 
this subpart as determined at the point-of-extraction for each 
remediation material component. The quantity of HAP contained in vent 
streams from in situ remediation operations must be included in the 
determination of the total annual organic HAP quantity in Table 1 of 
this subpart. The HAP quantity in the vent streams must be determined 
prior to any control devices.
    (ii) You must prepare a new determination whenever the extent of 
changes to the quantity or composition of the remediation material 
extracted at the facility could cause the total annual HAP quantity in 
Table 1 of this subpart in the extracted remediation material to exceed 
1 megagram per year.
    (iii) You must maintain documentation to support your determination 
of the total annual HAP quantity in the extracted remediation material. 
This documentation must include the basis and data used for determining 
the HAP content of the extracted remediation material.
    (2) Affected source exemption. Any affected source that is also 
subject to another subpart under 40 CFR part 61 or 40 CFR part 63, 
where you are controlling the HAP in Table 1 of this subpart that are 
emitted from the source in compliance with the provisions specified in 
the other applicable subpart under part 61 or 63, is exempt from the 
requirements of Secs. 63.7883 through 63.7933.
    (3) Process vents. You are exempt from the requirements of 
Secs. 63.7890 through 63.7933 for process vents if any of the criteria 
listed in paragraphs (c)(3)(i) through (iv) of this section are met, 
except that the records of the determination of these criteria must be 
maintained as required in Sec. 63.7932(a)(4):
    (i) Affected process vents where the emissions of HAP in Table 1 of 
this subpart from all vents at the facility involved in remediation are 
below 1.4 kilograms per hour (3 pounds per hour) and 2.8 megagrams per 
year (3.1 tons per year) as determined by the procedures specified in 
Sec. 63.7912(f).
    (ii) Individual process vents associated with ex situ remediation 
operations that manage remediation material with a Table 1 (of this 
subpart) HAP concentration less than 10 parts per million by weight 
(ppmw). The HAP concentration must be determined in accordance with the 
procedures specified in Sec. 63.7912(a). Documentation must be prepared 
by the owner or operator and maintained at the facility to support the 
determination of the remediation material concentration. This 
documentation must include identification of each process vent exempted 
under this paragraph and any test results used to determine the HAP 
concentration.
    (iii) Individual process vents where you determine that the process 
vent stream flow rate is less than 6.0 cubic meters per minute 
(m3/min) at standard conditions (as defined in 40 CFR 63.2) 
and the total HAP concentration is less than 20 parts per million by 
volume (ppmv). The process vent stream flow rate and total HAP 
concentration must be determined in accordance with the procedures 
specified in Sec. 63.694(m). For the purposes of this subpart, when you 
read the term ``HAP listed in Table 1 of this subpart'' in 40 CFR 
Subpart DD, you should refer to Table 1 of this Subpart. Documentation 
must be prepared by the owner or operator and maintained at the 
facility to support the

[[Page 49422]]

determination of the process vent stream flow rate and total HAP 
concentration. This documentation must include identification of each 
process vent exempted under this paragraph and the test results used to 
determine the process vent stream flow rate and total HAP 
concentration. You must perform a new determination of the process vent 
stream flow rate and total HAP concentration when the extent of changes 
to operation of the unit on which the process vent is used could cause 
either the process vent stream flow rate to exceed the limit of 6.0 
m3/min or the total HAP concentration to exceed the limit of 
20 ppmv.
    (iv) Individual process vents where you determine that the process 
vent stream flow rate is less than 0.005 m3/min at standard 
conditions (as defined in 40 CFR 63.2). The process vent stream flow 
rate must be determined in accordance with the procedures specified in 
Sec. 63.694(m). Documentation must be prepared by the owner or operator 
and maintained at the facility to support the determination of the 
process vent stream flow rate. This documentation must include 
identification of each process vent exempted under this paragraph and 
the test results used to determine the process vent stream flow rate.
    (4) Remediation material management units. You are exempt from the 
requirements of Secs. 63.7890 through 63.7932 for units where any of 
the criteria listed in paragraphs (c)(4)(i) or (ii) of this section are 
met, except that the records of the determination of these criteria 
must be maintained as required in Sec. 63.7932(a)(4):
    (i) The volatile organic HAP (VOHAP) concentration of the 
remediation material managed in the unit is less than 500 ppmw. You 
must follow the requirements in Sec. 63.7912(a) to demonstrate that the 
VOHAP concentration of the remediation material is less than 500 ppmw. 
Once the VOHAP concentration has been determined to be less than 500 
ppmw, all management units downstream from the point of determination 
are exempt from the control requirements of this subpart unless a 
remediation process is used that concentrates all, or part of, the 
remediation material being managed in the unit such that the VOHAP 
concentration equals or exceeds 500 ppmw (e.g., free-product 
separation).
    (ii) At your discretion, one or a combination of remediation 
material management units may be exempted from the requirements in this 
subpart when the quantity of total annual HAP in Table 1 of this 
subpart placed in the units exempted under this paragraph is less than 
1 megagram per year. For the units to be exempted from the requirements 
of this subpart, you must meet the requirements in 
Sec. 63.683(b)(2)(ii)(A) and (B). You may change the units selected to 
be exempted under this paragraph by preparing a new designation for the 
exempt units as required by Sec. 63.683(b)(2)(ii)(A) and performing a 
new determination as required by Sec. 63.683(b)(2)(ii)(B).
    (5) Tanks and surface impoundments. You are exempt from the 
requirements of Secs. 63.7890 (excluding Sec. 63.7890(a)) through 
63.7932 for any tank or surface impoundment used for biological 
treatment processes where the requirements of Sec. 63.683(b)(2)(iii)(A) 
or (B) and monitored in accordance with Sec. 63.684(e)(4) are met, 
except that the records of the determination of these criteria must be 
maintained as required in Sec. 63.7932(a)(4).
    (6) Cleanup of any contamination where removal or treatment of the 
material begins within seven days from the time that the contamination 
occurs. The cleanup process should be continuous (i.e., performed every 
workday) and typically completed in 30 days or less.
    (7) Radioactive mixed waste managed in accordance with all 
applicable regulations under the Atomic Energy Act and the Nuclear 
Waste Policy Act authorities.
    (d) An affected source is a new affected source if you commenced 
construction of the affected source after July 30, 2002 and you meet 
the applicability criteria in Sec. 63.7881 at the time you commenced 
construction.
    (e) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2 of subpart A of this part.
    (f) An affected source is existing if it is not new or 
reconstructed.


Sec. 63.7883  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 the subpart, then you must comply with the emissions limitations and 
work practice standards in this subpart no later than the effective 
date of the subpart. If you startup your affected source before the 
effective date of the subpart, but the affected source will not operate 
on or after the effective date of the subpart, then that affected 
source is not subject to any of the requirements contained in this 
subpart.
    (2) If you startup your affected source after the effective date of 
the subpart, then you must comply with the emissions limitation and 
work practice standards in this subpart upon startup of your affected 
source.
    (b) If you have an existing affected source, you must comply with 
the emissions limitations and work practice standards for existing 
sources no later than 3 years after [DATE OF PUBLICATION OF FINAL RULE 
IN THE Federal Register]. If you have an existing affected source that 
will not be in operation on or after 3 years after [DATE OF PUBLICATION 
OF FINAL RULE IN THE Federal Register], then the affected source is not 
subject to any of the requirements contained in this subpart.
    (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, 
paragraphs (c)(1) and (2) of this section apply:
    (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 by no later than 3 years after it becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.7931(a) 
according to the schedule in Sec. 63.7931(b) and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emissions limitations and work practice 
standards in this subpart.

Emissions Limitations and Work Practice Standards


Sec. 63.7890  What emissions limitations and work practice standards 
must I meet?

    (a) You must meet each emissions limitation for process vent 
affected sources in Table 2 of this subpart that applies to you.
    (b) You must meet each emissions limitation for remediation 
material management unit affected sources in Table 3 of this subpart 
that applies to you.
    (c) You must meet each operating limit in Table 4 of this subpart 
that applies to you. In lieu of the operating limits in Table 4 of this 
subpart, you may choose to establish an operating limit based on total 
organic or HAP emissions concentration using a continuous emissions 
monitoring system (CEMS). In this case, the average outlet total 
organic or HAP

[[Page 49423]]

concentration in any 24-hour period must not exceed the average 
concentration established during the performance test (see 
Sec. 63.7913(f)).
    (d) You must meet each work practice standard in Table 5 of this 
subpart that applies to you.
    (e) 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. 63.7900  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emissions limitations 
(including operating limits) and the work practice standards in this 
subpart at all times, except during periods of startup, shutdown, and 
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).
    (d) For each monitoring system required in this section, you must 
develop and make available for inspection by the permitting authority, 
upon request, a site-specific monitoring plan that addresses the 
following:
    (1) Installation of the continuous monitoring system (CMS) sampling 
probe or other interface at a measurement location relative to each 
affected process unit such that the measurement is representative of 
control of the exhaust emissions (e.g., on or downstream of the last 
control device);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system; and
    (3) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (e) In your site-specific monitoring plan, you must also address 
the following:
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. 63.8(c)(1), (3), (4)(ii), (7), and 
(8);
    (2) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec. 63.8(d); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).
    (f) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (g) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.


Sec. 63.7901  What requirements must I meet if I transfer remediation 
material to another party, another facility or receive remediation 
material from another facility?

    (a) You may elect to transfer remediation material to an on-site 
remediation operation not owned or operated by the owner or operator of 
the remediation material, or to an off-site treatment operation. If you 
manage remediation material meeting the criteria in Sec. 63.7882 you 
must comply with the requirements in paragraphs (a)(1) through (4) of 
this section.
    (1) The owner or operator transferring the remediation material 
must:
    (i) Comply with the provisions specified in Secs. 63.7890 through 
63.7933 of this subpart for each affected source that manages 
remediation material prior to shipment or transport.
    (ii) Include a notice with the shipment or transport of each 
remediation material item. The notice must state that the remediation 
material contains organic HAP that are to be treated in accordance with 
the provisions of this subpart. When the transport is continuous or 
ongoing (for example, discharge to a publicly owned treatment works), 
the notice must be submitted to the treatment operator initially and 
whenever there is a change in the required treatment.
    (2) You may not transfer the remediation material unless the 
transferee has submitted to the EPA a written certification that the 
transferee will manage and treat the remediation material received from 
a source subject to the requirements of this subpart in accordance with 
the requirements of Secs. 63.7890 through 63.7933. The certifying 
entity may revoke the written certification by sending a written 
statement to the EPA and the owner or operator providing at least 90 
days notice that the certifying entity is rescinding acceptance of 
responsibility for compliance with the regulatory provisions listed in 
this paragraph. Upon expiration of the notice period, you may not 
transfer the remediation material to the treatment operation.
    (3) By providing this written certification to the EPA, the 
certifying entity accepts responsibility for compliance with the 
regulatory provisions listed in paragraph (a)(2) of this section with 
respect to any shipment of remediation material covered by the written 
certification. Failure to abide by any of those provisions with respect 
to such shipments may result in enforcement action by the EPA against 
the certifying entity in accordance with the enforcement provisions 
applicable to violations of these provisions by owners or operators of 
sources.
    (4) Written certifications and revocation statements to the EPA 
from the transferees of remediation material must be signed by the 
responsible official of the certifying entity, provide the name and 
address of the certifying entity, and be sent to the appropriate EPA 
Regional Office at the addresses listed in 40 CFR 63.13. Such written 
certifications are not transferable by the treater.

Testing and Initial Compliance Requirements


Sec. 63.7910  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) For existing sources, you must conduct performance tests within 
180 calendar days after the compliance date that is specified for your 
source in Sec. 63.7883(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. 63.7911  When must I conduct subsequent performance tests?

    For non-flare control devices, you must conduct the performance 
testing required in Table 6 of this subpart at any time the EPA 
requires you to in accordance with section 114 of the CAA.


Sec. 63.7912  What tests, design evaluations, and other procedures must 
I use?

    (a) Determination of average VOHAP concentration of material prior 
to, or at, the point of management or treatment. This section specifies 
the testing methods and procedures required for determining the average 
VOHAP concentration for remediation material.
    (1) These methods may be used to determine the average VOHAP 
concentration of any material listed in (a)(1)(i) through (iii) of this 
section.
    (i) A single remediation material stream; or
    (ii) Two or more remediation material streams that are combined 
prior to, or within, a management or treatment unit or operation; or
    (iii) Remediation material that is combined with one or more non-

[[Page 49424]]

remediation material streams prior to, or within, a management or 
treatment operation or unit.
    (2) The average VOHAP concentration of a material must be 
determined using either direct measurement as specified in paragraph 
(a)(3) of this section or by knowledge as specified in paragraph (a)(4) 
of this section.
    (3) Direct measurement to determine VOHAP concentration.
    (i) Sampling. Samples of each material stream must be collected 
from the container, pipeline, or other device used to deliver each 
material stream prior to entering the treatment or management unit in a 
manner such that volatilization of organics contained in the sample is 
minimized and an adequately representative sample is collected and 
maintained for analysis by the selected method.
    (A) The averaging period to be used for determining the average 
VOHAP concentration for the material stream on a mass-weighted average 
basis must be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the material stream but must not exceed 1 year. For 
streams that are combined, an averaging period representative for all 
streams must be selected.
    (B) No less than four samples must be collected to represent the 
complete range of HAP compositions and HAP quantities that occur in 
each material stream during the entire averaging period due to normal 
variations in the material stream(s). Examples of such normal 
variations are variation of material HAP concentration within a 
contamination area or seasonal variations in non-remediation material 
quantity.
    (C) All samples must be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in 
a site sampling plan. This plan must describe the procedure by which 
representative samples of the material stream(s) are collected such 
that a minimum loss of organics occurs throughout the sample collection 
and handling process and by which sample integrity is maintained. A 
copy of the written sampling plan must be maintained on site in the 
facility operating records. An example of an acceptable sampling plan 
includes a plan incorporating sample collection and handling procedures 
in accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Each collected sample must be prepared and analyzed 
in accordance with either one of the methods listed in 
Sec. 63.694(b)(2)(ii), or any current EPA Contracts Lab Program method 
(or future revisions) capable of identifying all the HAP in Table 1 of 
this subpart.
    (iii) Calculations. The average VOHAP concentration C on a mass-
weighted basis must be calculated by using the results for all samples 
analyzed in accordance with paragraph (a)(3)(ii) of this section and 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.000

where:

C = Average VOHAP concentration of the material on a mass-weighted 
basis, ppmw.
i= Individual sample ``i'' of the material.
n = Total number of samples of the material collected (at least 4 per 
stream) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of material stream represented by 
Ci, kilograms per hour (kg/hr).
QT = Total mass quantity of all material during the 
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as 
determined in accordance with the requirements of (a)(3)(ii) of this 
section, ppmw.

    (4) Knowledge of the material to determine VOHAP concentration.
    (i) Documentation must be prepared that presents the information 
used as the basis for the owner's or operator's knowledge of the 
material stream's average VOHAP concentration. Examples of information 
that may be used as the basis for knowledge include: material balances 
for the source(s) generating each material stream; species-specific 
chemical test data for the material stream from previous testing that 
are still applicable to the current material stream; test data for 
material from the contamination area(s) being remediated; or other 
knowledge based on information included in manifests, shipping papers, 
or waste certification notices.
    (ii) If test data are used as the basis for knowledge, then the 
owner or operator must document the test method, sampling protocol, and 
the means by which sampling variability and analytical variability are 
accounted for in the determination of the average VOHAP concentration. 
For example, an owner or operator may use HAP concentration test data 
for the material stream that are validated in accordance with Method 
301 in 40 CFR part 63, appendix A of this part as the basis for 
knowledge of the material. This information must be provided for each 
material stream where streams are combined.
    (iii) An owner or operator using species-specific chemical 
concentration test data as the basis for knowledge of the material may 
adjust the test data to the corresponding average VOHAP concentration 
value which would be obtained had the material samples been analyzed 
using Method 305. To adjust these data, the measured concentration for 
each individual HAP chemical species contained in the material is 
multiplied by the appropriate species-specific adjustment factor 
(fm305) listed in Table 1 of this subpart.
    (iv) In the event that the Administrator and the owner or operator 
disagree on a determination of the average VOHAP concentration for a 
material stream using knowledge, then the results from a determination 
of VOHAP concentration using direct measurement as specified in 
paragraph (a)(3) of this section must be used to establish compliance 
with the applicable requirements of this subpart. The Administrator may 
perform or request that the owner or operator perform this 
determination using direct measurement.
    (b) You must conduct either each performance test in Table 6 of 
this subpart that applies to you or each design analysis specified in 
Sec. 63.693(d)(2)(ii), (e)(2)(ii), (f)(2)(ii), or (g)(2)(i)(B) that 
applies to you.
    (c) You must conduct each performance test according to the 
requirements in Sec. 63.7(e)(1) and under the specific conditions that 
this subpart specifies in Table 6 of this subpart.
    (d) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 63.7(e)(3). Each 
test run must last at least 1 hour. During the performance test 
conducted according to this section, you must collect the appropriate 
operating parameter monitoring system data (see Table 4 of this 
subpart), average the operating parameter data over each test run, and 
set operating limits, whether a minimum or maximum value, based on the 
average of values for each of the three test runs. If you use a control 
device design analysis to demonstrate control device performance, then 
the minimum or maximum operating parameter value must be established 
based on the control device design analysis and supplemented, as 
necessary, by the control device manufacturer

[[Page 49425]]

recommendations or other applicable information.
    (e) Compliance with control device percent reduction requirement. 
You must use Equations 2, 3 and 4 of this section to determine initial 
and ongoing compliance with the control device percent reduction limit 
in Table 2 of this subpart for the combination of all affected process 
vents at the facility. You must use Equations 2, 3 and 5 of this 
section to determine initial and ongoing compliance with the control 
device percent reduction limit in Table 3 of this subpart for 
remediation material management units, except that the references to 
uncontrolled vents for Equations 2 and 3 of this section do not apply.
    (1) To calculate control device inlet and outlet concentrations use 
Equations 2 and 3 as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.001

[GRAPHIC] [TIFF OMITTED] TP30JY02.002

Where:

Cij, Coj = Concentration of sample component j of 
the gas stream at the inlet and outlet of the control device, dry 
basis, parts per million by volume. For uncontrolled vents, 
Cij = Coj and equal the concentration exiting the 
vent;
Ei, Eo = Mass rate of total organic compounds 
(TOC) (minus methane and ethane) or total HAP, from Table 1 of this 
subpart, at the inlet and outlet of the control device, respectively, 
dry basis, kilogram per hour. For uncontrolled vents, Ei = 
Eo and equal the concentration exiting the vent;
Mij, Moj = Molecular weight of sample component j 
of the gas stream at the inlet and outlet of the control device, 
respectively, gram/gram-mole. For uncontrolled vents, Mij = 
Moj and equal the gas stream molecular weight exiting the 
vent;
Qi, Qo = Flowrate of gas stream at the inlet and 
outlet of the control device, respectively, dry standard cubic meters 
per minute (dscm/min). For uncontrolled vents, Qi = 
Qo and equals the flowrate exiting the vent;
K2 = Constant, 2.494 x 10-6 (parts per 
million)-1(gram-mole per standard cubic meter)(kilogram/
gram) (minute/hour, where standard temperature (gram-mole per standard 
cubic meter) is 20 deg.C;
n = the number of components in the sample.

    (2) To calculate control device emissions reductions for process 
vents use Equation 4 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.003

Where:

Rv = Overall emissions reduction for all affected process 
vents, percent
Ei = Mass rate of TOC (minus methane and ethane) or total 
HAP, from Table 1 of this subpart, at the inlet to the control device, 
or exiting the vent for uncontrolled vents, as calculated in this 
section, kilograms TOC per hour or kilograms HAP per hour;
Eo = Mass rate of TOC (minus methane and ethane) or total 
HAP, from Table 1 of this subpart, at the outlet to the control device, 
or exiting the vent for uncontrolled vents, as calculated in this 
section, kilograms TOC per hour or kilograms HAP per hour. For vents 
without a control device, Eo = Ei;
n = number of affected source process vents.

    (3) To calculate control device emissions reductions for 
remediation material management units use Equation 5 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.004

Where:

Rcd = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or total 
HAP at the inlet to the control device as calculated under paragraph 
(e)(1) of this section, kilograms TOC per hour or kilograms HAP per 
hour.
Eo = Mass rate of TOC (minus methane and ethane) or total 
HAP at the outlet of the control device, as calculated under paragraph 
(e)(1) of this section, kilograms TOC per hour or kilograms HAP per 
hour.

    (4) If the vent stream entering a boiler or process heater is 
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total HAP or TOC (minus methane and ethane) across 
the device must be determined by comparing the TOC (minus methane and 
ethane) or total HAP in all combusted vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total HAP 
exiting the device, respectively.
    (f) Compliance with the total organic mass emissions rate.
    (1) The requirements of paragraphs (f)(2) through (4) of this 
section must be used to determine compliance with the emissions rate 
limits in Table 2 of this subpart.
    (2) Initial and ongoing compliance with the total organic mass flow 
rates specified in Table 2 of this subpart must be determined using 
Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.005

Where:

Eh = Total organic mass flow rate, kg/h;
Qsd = Volumetric flow rate of gases entering or exiting 
control device (or exiting the process vent if no control device is 
used), as determined by Method 2, dscm/h;
n= Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i 
in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent 
gas, kg/kg-mol;
0.0416 = Conversion from molar volume, kg-mol/m3 (@ 293 K 
and 760 mm Hg);
10-6 = Conversion from ppm, ppm-1.

    (3) Ongoing compliance with the annual total organic emissions rate 
specified in Table 2 of this subpart must be determined using Equation 
7 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.006

Where:

EA = Total organic mass emissions rate, kilograms per year;

[[Page 49426]]

Eh = Total organic mass flow rate for the process vent, kg/
h;
H = Total annual hours of operation for the affected unit, h.

    (4) Ongoing compliance with the total organic emissions limit from 
all affected process vents at the facility in Table 2 of this subpart 
must be determined by:
    (1) summing the total hourly organic mass emissions rates 
(Eh as determined in Equation 6 of this section); and
    (ii) summing the total annual organic mass emissions rates 
(EA, as determined in Equation 7 of this section) for all 
affected process vents at the facility.
    (g) Compliance with HAP concentration limit.
    (1) To determine compliance with the enclosed combustion device 
total HAP concentration limits specified in Table 2 of this subpart, 
you must use either Method 18, 40 CFR part 60, appendix A, or Method 
25A, 40 CFR part 60, appendix A, to measure either TOC (minus methane 
and ethane) or total HAP. Alternatively, any other method or data that 
have been validated according to Method 301 of appendix A of this part, 
may be used. The following procedures must be used to calculate ppmv 
concentration, corrected to 3 percent oxygen:
    (2) The minimum sampling time for each run must be 1 hour, in which 
either an integrated sample or a minimum of four grab samples must be 
taken. If grab sampling is used, then the samples must be taken at 
approximately equal intervals in time, such as 15-minute intervals 
during the run.
    (3) The TOC concentration or total HAP concentration must be 
calculated according to paragraph (g)(3)(i) or (ii) of this section.
    (i) The TOC concentration is the sum of the concentrations of the 
individual components and must be computed for each run using Equation 
8 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TP30JY02.007

Where:

CTOC = Concentration of total organic compounds minus 
methane and ethane, dry basis, parts per million by volume.
Cji = Concentration of sample component j of sample i, dry 
basis, parts per million by volume.
n = Number of components in the sample.
X = Number of samples in the sample run.

    (ii) The total HAP concentration must be computed according to 
Equation 8 in paragraph (g)(3)(i) of this section, except that only HAP 
listed in Table 1 of this subpart must be summed.
    (4) The TOC concentration or total HAP concentration must be 
corrected to 3 percent oxygen according to paragraphs (g)(4)(i) and 
(ii) of this section.
    (i) The emissions rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B, 40 CFR part 60, appendix 
A, must be used to determine the oxygen concentration. The samples must 
be taken during the same time that the samples are taken for 
determining TOC concentration or total HAP concentration.
    (ii) The TOC and HAP concentration must be corrected for percent 
oxygen by using Equation 9 of this section as follows:

[GRAPHIC] [TIFF OMITTED] TP30JY02.008

Where:
Cc = TOC concentration or total HAP concentration corrected 
to 3 percent oxygen, dry basis, parts per million by volume.
Cm = TOC concentration or total HAP concentration, dry 
basis, parts per million by volume.
%O2d = Concentration of oxygen, dry basis, percent by 
volume.

    (h) You must conduct each design evaluation of a control device 
according to the specific requirements for the control device in 
Sec. 63.693(c) through (h). For the purposes of this subpart, when you 
read the term ``HAP listed in Table 1 of this subpart'' in 40 CFR 
Subpart DD, you should refer to Table 1 of this subpart.
    (i) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (j) When conducting testing to comply with a HAP or TOC reduction 
efficiency limit, you must conduct simultaneous sampling at the inlet 
and outlet of the control device. You must conduct inlet sampling after 
the final product recovery device. If a vent stream is introduced with 
the combustion air or as an auxiliary fuel into a boiler or process 
heater, the location of the inlet sampling sites must be selected to 
ensure that the measurement of total HAP concentration or TOC 
concentration includes all vent streams and primary and secondary fuels 
introduced into the boiler or process heater.
    (k) When complying with the emissions rate limit in row (1)(b) of 
Table 2 of this subpart or a HAP or TOC emissions concentration limit 
in Table 3 of this subpart, you must conduct sampling at the outlet of 
the control device.
    (l) If you use Method 18, 40 CFR part 60, appendix A, either an 
integrated sample or a minimum of four grab samples must be taken. If 
you use grab sampling, then you must take the grab samples at 
approximately equal intervals in time (such as 15 minutes) during the 
run. Also, you must first determine which HAP are present in the inlet 
gas stream using knowledge of the remediation material or the screening 
procedure described in Method 18, 40 CFR part 60, appendix A, 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.
    (m) If you use Method 25A, 40 CFR part 60, appendix A, you must 
calibrate the instrument in accordance with the monitoring plan of 
Sec. 63.7900 using the single organic HAP representing the largest 
percent by volume of the emissions. The Method 25A, 40 CFR part 60, 
appendix A, results are acceptable if: (1) the response from the high 
level calibration gas is at least 20 times the standard deviation of 
the response from the zero calibration gas when the instrument is 
zeroed on its most sensitive scale, and (2) the span value of the 
analyzer must be less than 100 ppmv.
    (n) You must conduct each CMS performance evaluation according to 
the requirements in Sec. 63.8(e).


Sec. 63.7913  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) You must install, operate, and maintain each CMS according to 
the requirements in Sec. 63.695(a) through (d), (e)(1) and (e)(2). 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 three 
of 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 
referenced in Sec. 63.7900.
    (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).

[[Page 49427]]

    (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 paragraph (a) of this section and also meet the 
requirements in 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 measurement sensitivity of 2.2 deg. C or 0.75 percent of 
the temperature value, whichever is larger.
    (3) For a cryogenic temperature range, use a temperature sensor 
with a minimum measurement sensitivity of 2.2 deg. C or 2 percent of 
the temperature value, whichever is larger.
    (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 deg. F.
    (6) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 16.7 deg. C 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 measurement sensitivity 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 semi-annually.
    (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 paragraph (a)(1) through (4) and paragraphs (d)(1) 
through (7) of this section.
    (1) Locate the pressure sensor(s) in or as close to 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 measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (4) Check 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 paragraph (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 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.
    (f) Alternative to parametric monitoring for any control device. As 
an alternative to the parametric monitoring required in paragraphs (a) 
through (e) of this section, you may install, calibrate, and operate a 
CEMS to measure the control device outlet total organic emissions or 
organic HAP emissions concentration. The CEMS used on combustion 
control devices must include a diluent gas monitoring system (for 
O2 or CO2) with the pollutant monitoring system 
in order to correct for dilution (e.g., to 0 percent excess air). You 
must verify the performance of the CEMS initially according to the 
procedures in Performance Specification 8 (for a total organic 
emissions CEMS) or Performance Specification 9 (for a HAP emissions 
CEMS) and Performance Specification 3 (for an O2 or 
CO2 CEMS) of appendix B of 40 CFR part 60. The relative 
accuracy provision of Performance specification 8, sections 2.4 and 3 
need not be conducted. You must prepare a site-specific monitoring plan 
for operating, calibrating, and verifying the operation of your CEMS in 
accordance with the requirements in Secs. 63.8(c), (d), and (e). You 
must establish the emissions concentration operating limit according to 
paragraphs (f)(1),(2), and (3) of this section.
    (1) During the performance test required by Sec. 63.7912, you must 
monitor and record the total organic or HAP emissions concentration at 
least once every 15 minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average total organic or HAP emissions concentration 
maintained during the performance test. The average total organic or 
HAP emissions concentration, corrected for dilution as appropriate, is 
the maximum operating limit for your control device.
    (3) Use the CEMS data to verify that the daily (24-hour) average 
total organic or HAP emissions concentration remain below the 
established operating limit.


Sec. 63.7914  How do I demonstrate initial compliance with the 
emissions limitations and work practice standards?

    (a) You must demonstrate initial compliance with each emissions 
limitation and work practice standard that applies to you according to 
Tables 7 and 8 of this subpart.
    (b) You must establish each site-specific operating limit in Table 
4 of this subpart that applies to you according to the requirements in 
Sec. 63.7912 and Table 6 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. 63.7931(e).

Continuous Compliance Requirements


Sec. 63.7920  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section and 
the monitoring plan of Sec. 63.7900.
    (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.

[[Page 49428]]

    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out of control periods and required quality 
assurance or control activities in data averages and calculations used 
to report emissions or operating levels, nor may such data be used in 
fulfilling a minimum data availability requirement, if applicable. You 
must use all the data collected during all other periods in assessing 
the operation of the control device and associated control system.


Sec. 63.7921  How do I demonstrate continuous compliance with the 
emissions limitations, operating limits and work practice standards?

    (a) You must demonstrate continuous compliance with each emissions 
limitation, operating limit and work practice standard in Tables 2 
through 5 of this subpart that applies to you according to methods 
specified in Tables 9, 10, and 11 of this subpart.
    (b) You must report each instance in which you did not meet each 
emissions limitation and each operating limit in Tables 9 and 10 of 
this Subpart that apply to you. This includes periods of startup, 
shutdown, and malfunction. You must also report each instance in which 
you did not meet the requirements in Table 11 of this subpart that 
apply to you. These instances are deviations from the emissions 
limitations and work practice standards in this subpart. These 
deviations must be reported according to the requirements in 
Sec. 63.7931.
    (c) During periods of startup, shutdown, and malfunction, you must 
operate in accordance with the startup, shutdown, and malfunction plan.
    (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 demonstrate to the Administrator's satisfaction that 
you were operating in accordance with the startup, shutdown, and 
malfunction plan. 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).

Notification, Reports, and Records


Sec. 63.7930  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), 63.8(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 start up your affected 
source before [DATE OF PUBLICATION OF FINAL RULE IN THE Federal 
Register], you must submit an Initial Notification not later than 120 
calendar days after [DATE OF PUBLICATION OF FINAL RULE IN THE Federal 
Register].
    (c) As specified in Sec. 63.9(b)(3), if you start up your new or 
reconstructed affected source on or after the effective date, you must 
submit an Initial Notification no later than 120 calendar days after 
initial startup.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (e) If you are required to conduct a performance test, design 
evaluation, or other initial compliance demonstration as specified in 
Tables 6, 7, or 8 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 Tables 7 
or 8 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 Tables 6, 
7 or 8 of this subpart that includes a performance test conducted 
according to the requirements in Table 6 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. 63.7931  What reports must I submit and when?

    (a) You must submit each report in Table 12 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 12 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. 63.7883 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. 63.7883.
    (2) The first compliance report must be postmarked or delivered 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. 63.7883.
    (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 or 
delivered 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 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(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 that official's 
name, title, and signature, certifying the truth, accuracy and 
completeness of the content of the report.
    (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 startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec. 63.10(d)(5)(i).
    (6) If there are no deviations from any emissions limitations 
(emissions limit or operating limit) that applies to you and there are 
no deviations from the requirements for work practice standards in 
Table 11 of this subpart, a statement that there were no deviations 
from the emissions limitations or work practice standards during the 
reporting period.
    (7) If there were no periods during which the CMS and operating 
parameter monitoring systems were out-of-control as specified in 
Sec. 63.8(c)(7), a statement that there were no periods during the 
which the CMS was out-of-control during the reporting period.
    (d) For each deviation from an emissions limitation (emissions 
limit,

[[Page 49429]]

operating limit) and for each deviation from the requirements for work 
practice standards in Table 11 of this subpart that occurs at an 
affected source where you are not using a CMS to comply with the 
emissions limitations or work practice standards in this subpart, the 
compliance report must contain the information in (c)(1) through (4) of 
this section, and paragraphs (d)(1) and (2) of this section. This 
includes periods of startup, shutdown, and malfunction.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the action 
taken to correct the cause of the deviation.
    (e) For each deviation from an emissions limitation (emissions 
limit, operating limit) occurring at an affected source where you are 
using a CMS in accordance with the monitoring plan of Sec. 63.7900 to 
comply with the emissions 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, and 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 deviation during the 
reporting period and the total duration as a percent 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 percent of 
the total source operating time during that reporting period.
    (8) An identification of each hazardous air pollutant that was 
monitored at the affected source.
    (9) A brief description of the process units.
    (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 40 CFR part 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 40 CFR 
71.6(a)(3)(iii)(A). If an affected source submits a compliance report 
pursuant to Table 12 of this subpart along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 
40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all 
required information concerning deviations from any emissions 
limitation(including any operating limit), or work practice requirement 
in this subpart, submission of the compliance report must be deemed to 
satisfy any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a compliance report must not 
otherwise affect any obligation the affected source may have to report 
deviations from permit requirements to the permit authority.


Sec. 63.7932  What records must I keep?

    (a) You must keep records as described in paragraphs (a)(1) through 
(4) 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 
(b)(2)(xiv).
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startups, shutdowns, and malfunctions.
    (3) Results of performance tests.
    (4) The records of initial and ongoing determinations for affected 
sources that are exempt from control requirements under this subpart.
    (b) For each CMS, you must keep the 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 9, 10, and 11 of 
this subpart to show continuous compliance with each emissions 
limitation and work practice standard that applies to you.


Sec. 63.7933  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 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 5 years 
following the date of each occurrence, measurement, maintenance, action 
taken to correct the cause of a deviation, report, or record.
    (c) You must keep each record on site for at least 2 years after 
the date of each occurrence, measurement, maintenance, corrective 
action, report, or record, according to Sec. 63.10(b)(1). You can keep 
the records offsite for the remaining 3 years.
    (d) If, after the remediation activity is completed, there is no 
other remediation activity at the facility, and you are no longer the 
owner of the facility, you may keep all records for the completed 
remediation activity at an offsite location provided you notify the 
Administrator in writing of the name, address and contact person for 
the offsite location.

Other Requirements and Information


Sec. 63.7940  What parts of the General Provisions apply to me?

    Table 13 of this subpart shows which parts of the General 
Provisions in Sec. 63.1-Sec. 63.15 apply to you.


Sec. 63.7941  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, 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, in addition to 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 of this 
Subpart to a State, local, or tribal agency under section 40 CFR part 
63, Subpart E, the authorities contained in paragraph (c) of this 
section are retained by the Administrator of EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as follows.
    (1) Approval of alternatives to the non-opacity emissions 
limitations and

[[Page 49430]]

work practice standards in Sec. 63.7890(a) through (d) under 
Sec. 63.6(g).
    (2) Approval of major changes to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major changes to monitoring under Sec. 63.8(f) and 
as defined in Sec. 63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.


Sec. 63.7942  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
the General Provisions of this part, 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.
    Air stripping means a desorption operation employed to transfer one 
or more volatile components from a liquid mixture into a gas (air) 
either with or without the application of heat to the liquid. Packed 
towers, spray towers and bubble-cap, sieve, or valve-type plate towers 
are among the process configuration used for contacting the air and a 
liquid.
    Boiler means an enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    Closed-vent system means a system that is not open to the 
atmosphere and is composed of hard-piping, ductwork, connections, and, 
if necessary, fans, blowers, or other flow-inducing device that conveys 
gas or vapor from an emissions point to a control device.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air pollutant emissions to the 
atmosphere by blocking an opening in a cover when the device is secured 
in the closed position. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually 
operated (e.g., a hinged access lid or hatch), or automatically 
operated (e.g., a spring-loaded pressure relief valve).
    Container means a portable unit used to hold material. Examples of 
containers include, but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as portable tanks or totes, 
cargo tank trucks, dump trucks and tank rail cars.
    Continuous record means documentation of data values measured at 
least once every 15 minutes and recorded at the frequency specified in 
this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minutes or more frequent block averages.
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a tank. A continuous seal may be a vapor-mounted seal, 
liquid-mounted seal, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Control device means equipment used for recovering or oxidizing 
organic vapors. Examples of such equipment include but are not limited 
to carbon adsorbers, condensers, vapor incinerators, flares, boilers, 
and process heaters.
    Cover means a device that prevents or reduces air pollutant 
emissions to the atmosphere by forming a continuous barrier over the 
remediation material managed in a unit. A cover may have openings (such 
as access hatches, sampling ports, gauge wells) that are necessary for 
operation, inspection, maintenance, and repair of the unit on which the 
cover is used. A cover may be a separate piece of equipment which can 
be detached and removed from the unit (such as a tarp) or a cover may 
be formed by structural features permanently integrated into the design 
of the unit.
    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 emissions 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 emissions 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.
    Emissions limitation means any emissions limit, opacity limit, 
operating limit, or visible emissions limit.
    Emissions point means an individual tank, surface impoundment, 
container, oil/water, organic/water separator, transfer system, vent, 
or enclosure.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapor through a closed vent system to a control device.
    Equipment means each pump, pressure relief device, sampling 
connection system, valve, and connector used in remediation material 
service at a facility.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a tank with no fixed roof.
    Facility 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 thereof. A unit or group of units within 
a contiguous property that are not under common control (e.g., a 
wastewater treatment unit located at the facility but is owned by a 
different company) is a different facility.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the liquid being contained, and is equipped with a 
continuous seal.
    HAP means hazardous air pollutants.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a remediation material management 
unit or to discharge or disposal. The term includes hard-piping, all 
drains and junction boxes, together with their associated sewer lines 
and other junction boxes (e.g., manholes, sumps, and lift stations) 
conveying wastewater streams or residuals. For the purpose of this 
subpart, an individual drain system is not a drain and collection 
system that is designed and operated for the sole purpose of collecting 
rainfall runoff (e.g., stormwater sewer system) and is segregated from 
all other individual drain systems.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it inside 
a tank that has a fixed roof).

[[Page 49431]]

    Light-material service means the container is used to manage 
remediation material for which both of the following conditions apply: 
the vapor pressure of one or more of the organic constituents in the 
remediation material is greater than 0.3 kilopascals (kPa) at 20 deg. C 
and the total concentration of the pure organic constituents having a 
vapor pressure greater than 0.3 kPa at 20 deg. C is equal to or greater 
than 20 percent by weight.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal 
mounted in contact with the liquid in a unit.
    MACT activity means a non-remediation activity that is covered by a 
category of major sources listed pursuant to section 112(c) of the CAA. 
An activity is a MACT activity whether or not it is subject to the 
control requirements of its appropriate MACT standard(s).
    Maximum HAP vapor pressure means the sum of the individual HAP 
equilibrium partial pressure exerted by remediation material at the 
temperature equal to either: the monthly average temperature as 
reported by the National Weather Service when the remediation material 
is stored or treated at ambient temperature; or the highest calendar-
month average temperature of the remediation material when the 
remediation material is stored at temperatures above the ambient 
temperature or when the remediation material is stored or treated at 
temperatures below the ambient temperature. For the purpose of this 
subpart, maximum HAP vapor pressure is determined using the procedures 
specified in Sec. 63.694(j). For the purpose of this subpart, when you 
read the term ``Table 3 or Table 4 of this subpart'' in Sec. 63.694(j) 
you should refer to Table 3 of this subpart.
    Media means materials found in the natural environment such as 
soil, ground water, surface water, and sediments, or a mixture of such 
materials with liquids, sludges, or solids which is inseparable by 
simple mechanical removal processes and is made up primarily of media. 
This definition does not include debris (as defined in 40 CFR 268.2).
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the tank by 
springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in 63.694(k).
    Oil/water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Operating parameter value means a minimum or maximum value 
established for a control device or treatment process parameter which, 
if achieved by itself or in combination with one or more other 
operating parameter values, determines that an owner or operator has 
complied with an applicable emissions limitation or standard.
    Organic/water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Point-of-extraction means the point where you first extract the 
remediation material prior to placing the remediation material in a 
management unit or other unit, but before the first point where the 
organic constituents in the remediation material have the potential to 
volatilize and be released to the atmosphere. For the purpose of 
applying this definition to this subpart, the first point where the 
organic constituents in the remediation material have the potential to 
volatilize and be released to the atmosphere is not a fugitive 
emissions point due to an equipment leak from any of the following 
equipment components: pumps, compressors, valves, connectors, 
instrumentation systems, or safety devices.
    Process heater means an enclosed combustion device that transfers 
heat released by burning fuel directly to process streams or to heat 
transfer liquids other than water.
    Process vent means any open-ended pipe, stack, duct, or other 
opening intended to allow the passage of gases, vapors, or fumes to the 
atmosphere and this passage is caused by mechanical means (such as 
compressors, vacuum-producing systems or fans) or by process-related 
means (such as volatilization produced by heating). For the purposes of 
this subpart, a process vent is neither a safety device (as defined in 
this section) nor a stack, duct or other opening used to exhaust 
combustion products from a boiler, furnace, heater, incinerator, or 
other combustion device.
    Remediation material means material, including contaminated media, 
which is managed as a result of implementing remedial activities 
required under Federal, State or local authorities, or voluntary 
remediation activity.
    Remediation material management unit means a tank, container, 
surface impoundment, oil/water separator, organic/water separator or 
transfer system used to manage remediation material.
    Remediation material service means any time when a pump, 
compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, connector, or instrumentation 
system contains or contacts remediation material.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emissions control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purpose of this subpart, a safety device is not used for routine 
venting of gases or vapors from the vapor headspace underneath a cover 
such as during filling of the unit or to adjust the pressure in this 
vapor headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed 
position during normal operations and open only when the internal 
pressure, or another relevant parameter, exceeds the device threshold 
setting applicable to the air emissions control equipment as determined 
by the owner or operator based on manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, combustible, explosive, reactive, or hazardous 
materials.
    Separator means a remediation material management unit, generally a 
tank, used to separate oil or organics from water. A separator consists 
of not only the separation unit but also the forebay and other 
separator basins, skimmers, weirs, grit chambers, sludge hoppers, and 
bar screens that are located directly after the individual drain system 
and prior to any additional treatment units such as an air flotation 
unit clarifier or biological treatment unit. Examples of a separator 
include, but are not limited to, an API separator, parallel-plate 
interceptor, and corrugated-plate interceptor with the associated 
ancillary equipment.
    Single-seal system means a floating roof having one continuous 
seal. This seal may be vapor-mounted, liquid-mounted, or a metallic 
shoe seal.
    Sludge means sludge as defined in Sec. 260.10 of this chapter.

[[Page 49432]]

    Soil means unconsolidated earth material composing the superficial 
geologic strata (material overlying bedrock), consisting of clay, silt, 
sand, or gravel size particles (sizes as classified by the U.S. Soil 
Conservation Service), or a mixture of such materials with liquids, 
sludges, or solids which is inseparable by simple mechanical removal 
processes and is made up primarily of soil.
    Solvent extraction means an operation or method of separation in 
which a solid or solution is contacted with a liquid solvent (the two 
being mutually insoluble) to preferentially dissolve and transfer one 
or more components into the solvent.
    Stabilization process means any physical or chemical process used 
to either reduce the mobility of contaminants in media or eliminate 
free liquids as determined by Test Method 9095--Paint Filter Liquids 
Test in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846, Third Edition, September 1986, 
as amended by Update I, November 15, 1992. (As an alternative, you may 
use any more recent, updated version of Method 9095 approved by the 
EPA). A stabilization process includes mixing remediation material with 
binders or other materials, and curing the resulting remediation 
material and binder mixture. Other synonymous terms used to refer to 
this process are fixation or solidification. A stabilization process 
does not include the adding of absorbent materials to the surface of 
remediation material, without mixing, agitation, or subsequent curing, 
to absorb free liquid.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made materials), 
which is designed to hold an accumulation of liquids. Examples of 
surface impoundments include holding, storage, settling, and aeration 
pits, ponds, and lagoons.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.
    Temperature monitoring device means a piece of equipment used to 
monitor temperature and having an accuracy of 1 percent of 
the temperature being monitored expressed in degrees Celsius ( deg. C) 
or 1.2 degrees  deg. C, whichever value is greater.
    Transfer system means a stationary system for which the predominant 
function is to convey liquids or solid materials from one point to 
another point within waste management operation or recovery operation. 
For the purpose of this subpart, the conveyance of material using a 
container (as defined of this subpart) or self-propelled vehicle (e.g., 
a front-end loader) is not a transfer system. Examples of a transfer 
system include but are not limited to a pipeline, an individual drain 
system, a gravity-operated conveyor (such as a chute), and a 
mechanically-powered conveyor (such as a belt or screw conveyor).
    Treatment process means a process in which remediation material is 
physically, chemically, thermally, or biologically treated to destroy, 
degrade, or remove hazardous air pollutants contained in the material. 
A treatment process can be composed of a single unit (e.g., a steam 
stripper) or a series of units (e.g., a wastewater treatment system). A 
treatment process can be used to treat one or more remediation material 
streams at the same time.
    Vapor-mounted seal means a continuous seal that is mounted such 
that there is a vapor space between the liquid in the unit and the 
bottom of the seal.
    Volatile organic hazardous air pollutant concentration or VOHAP 
concentration means the fraction by weight of the HAP listed in Table 1 
of this subpart that are contained in the remediation material as 
measured using Method 305, 40 CFR part 63, appendix A and expressed in 
terms of parts per million (ppm). As an alternative to using Method 
305, 40 CFR part 63, appendix A, you may determine the HAP 
concentration of the remediation material using any one of the other 
test methods specified in Sec. 63.694(b)(2)(ii). When a test method 
specified in Sec. 63.694(b)(2)(ii) other than Method 305 in appendix A 
of this part is used to determine the speciated HAP concentration of 
the contaminated material, the individual compound concentration may be 
adjusted by the corresponding fm305 listed in Table 1 of 
this subpart to determine a VOHAP concentration.
    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.
    As stated in Secs. 63.7882 (c)(1)(i) and (ii), (c)(2), (c)(3)(i) 
through (iii); 63.7912(a)(3)(ii), (g)(3)(ii), (h); and 63.7942; you 
must use the information in the following table to determine the total 
annual HAP quantity in the extracted remediation material at the 
facility:

                          Table 1 to Subpart GGGGG of Part 63--Hazardous Air Pollutants
----------------------------------------------------------------------------------------------------------------
                    CAS No.a                                       Compound Name                       fm 305
----------------------------------------------------------------------------------------------------------------
75070..........................................  Acetaldehyde.....................................        1.000
75058..........................................  Acetonitrile.....................................        0.989
98862..........................................  Acetophenone.....................................        0.314
107028.........................................  Acrolein.........................................        1.000
107131.........................................  Acrylonitrile....................................        0.999
107051.........................................  Allyl chloride...................................        1.000
71432..........................................  Benzene (includes benzene in gasoline)...........        1.000
98077..........................................  Benzotrichloride (isomers and mixture)...........        0.958
100447.........................................  Benzyl chloride..................................        1.000
92524..........................................  Biphenyl.........................................        0.864
542881.........................................  Bis(chloromethyl)etherb..........................        0.999
75252..........................................  Bromoform........................................        0.998
106990.........................................  1,3-Butadiene....................................        1.000
75150..........................................  Carbon disulfide.................................        1.000
56235..........................................  Carbon Tetrachloride.............................        1.000
43581..........................................  Carbonyl sulfide.................................        1.000
133904.........................................  Chloramben.......................................        0.633
108907.........................................  Chlorobenzene....................................        1.000
67663..........................................  Chloroform.......................................        1.000
107302.........................................  Chloromethyl methyl etherb.......................        1.000

[[Page 49433]]

 
126998.........................................  Chloroprene......................................        1.000
98828..........................................  Cumene...........................................        1.000
94757..........................................  2,4-D, salts and esters..........................        0.167
334883.........................................  Diazomethanec....................................        0.999
132649.........................................  Dibenzofurans....................................        0.967
96128..........................................  1,2-Dibromo-3-chloropropane......................        1.000
106467.........................................  1,4-Dichlorobenzene(p)...........................        1.000
107062.........................................  Dichloroethane (Ethylene dichloride).............        1.000
111444.........................................  Dichloroethyl ether (Bis(2-chloroethyl ether)....        0.757
542756.........................................  1,3-Dichloropropene..............................        1.000
79447..........................................  Dimethyl carbamoyl chloridec.....................        0.150
57147..........................................  1,1-Dimethyl hydrazine...........................
64675..........................................  Diethyl sulfate..................................        0.0025
77781..........................................  Dimethyl sulfate.................................        0.086
121697.........................................  N,N-Dimethylaniline..............................        0.0008
51285..........................................  2,4-Dinitrophenol................................        0.0077
121142.........................................  2,4-Dinitrotoluene...............................        0.0848
123911.........................................  1,4-Dioxane (1,4-Diethyleneoxide)................        0.869
106898.........................................  Epichlorohydrin (1-Chloro-2,3-epoxypropane)......        0.939
106887.........................................  1,2-Epoxybutane..................................        1.000
140885.........................................  Ethyl acrylate...................................        1.000
100414.........................................  Ethyl benzene....................................        1.000
75003..........................................  Ethyl chloride (Chloroethane)....................        1.000
106934.........................................  Ethylene dibromide (Dibromoethane)...............        0.999
107062.........................................  Ethylene dichloride (1,2-Dichloroethane).........        1.000
151564.........................................  Ethylene imine (Aziridine).......................        0.867
75218..........................................  Ethylene oxide...................................        1.000
75343..........................................  Ethylidene dichloride (1,1-Dichloroethane).......        1.000
                                                 Glycol ethersd that have a Henry's Law constant        [e]
                                                  value equal to or greater than 0.1 Y/X(1.8 X 10-
                                                  6 atm/gm-mole/m \3\) at 25 deg.C.
118741.........................................  Hexachlorobenzene................................        0.97
87683..........................................  Hexachlorobutadiene..............................        0.88
67721..........................................  Hexachloroethane.................................        0.499
110543.........................................  Hexane...........................................        1.000
78591..........................................  Isophorone.......................................        0.506
58899..........................................  Lindane (all isomers)............................        1.000
67561..........................................  Methanol.........................................        0.855
74839..........................................  Methyl bromide (Bromomethane)....................        1.000
74873..........................................  Methyl chloride (Choromethane)...................        1.000
71556..........................................  Methyl chloroform (1,1,1-Trichloroethane)........        1.000
78933..........................................  Methyl ethyl ketone (2-Butanone).................        0.990
74884..........................................  Methyl iodide (Iodomethane)......................        1.000
108101.........................................  Methyl isobutyl ketone (Hexone)..................        0.979
624839.........................................  Methyl isocyanate................................        1.000
80626..........................................  Methyl methacrylate..............................        0.999
1634044........................................  Methyl tert butyl ether..........................        1.000
75092..........................................  Methylene chloride (Dichloromethane).............        1.000
91203..........................................  Naphthalene......................................        0.994
98953..........................................  Nitrobenzene.....................................        0.394
79469..........................................  2-Nitropropane...................................        0.989
82688..........................................  Pentachloronitrobenzene (Quintobenzene)..........        0.839
87865..........................................  Pentachlorophenol................................        0.0898
75445..........................................  Phosgenec........................................        1.000
123386.........................................  Propionaldehyde..................................        0.999
78875..........................................  Propylene dichloride (1,2-Dichloropropane).......        1.000
75569..........................................  Propylene oxide..................................        1.000
75558..........................................  1,2-Propylenimine (2-Methyl aziridine)...........        0.945
100425.........................................  Styrene..........................................        1.000
96093..........................................  Styrene oxide....................................        0.830
79345..........................................  1,1,2,2-Tetrachloroethane........................        0.999
127184.........................................  Tetrachloroethylene (Perchloroethylene)..........        1.000
108883.........................................  Toluene..........................................        1.000
95534..........................................  o-Toluidine......................................        0.152
120821.........................................  1,2,4-Trichlorobenzene...........................        1.000
71556..........................................  1,1,1-Trichloroethane (Methyl chlorform).........        1.000
79005..........................................  1,1,2-Trichloroethane (Vinyl trichloride)........        1.000
79016..........................................  Trichloroethylene................................        1.000
95954..........................................  2,4,5-Trichlorophenol............................        0.108
88062..........................................  2,4,6-Trichlorophenol............................        0.132
121448.........................................  Triethylamine....................................        1.000
540841.........................................  2,2,4-Trimethylpentane...........................        1.000
108054.........................................  Vinyl acetate....................................        1.000

[[Page 49434]]

 
593602.........................................  Vinyl bromide....................................        1.000
75014..........................................  Vinyl chloride...................................        1.000
75354..........................................  Vinylidene chloride (1,1-Dichloroethylene).......        1.000
1330207........................................  Xylenes (isomers and mixture)....................        1.000
95476..........................................  o-Xylenes........................................        1.000
108383.........................................  m-Xylenes........................................        1.000
106423.........................................  p-Xylenes........................................        1.000
----------------------------------------------------------------------------------------------------------------
Notes:
fm 305 = Fraction measure factor in Method 305, 40 CFR part 63, appendix A of this part.
a CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers,
  or mixtures of compounds.
b Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals.
c Denotes a HAP that may react violently with water.
d Denotes a HAP that hydrolyzes slowly in water.
e The fm 305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and
  Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.

    As stated in Secs. 63.7890(a) and 63.7912(e), (f)(1) through (4), 
(g)(1), and (k), you must meet each emissions limitation for process 
vent affected sources in the following table that applies to you:

 Table 2 to Subpart GGGGG of Part 63.--Emissions Limitations for Process
                          Vent Affected Sources
------------------------------------------------------------------------
                                         You must meet the following
             For . . .                   emissions limitation . . .
------------------------------------------------------------------------
1. All new and existing affected    a. For each 24-hour period, reduce
 source process vents associated     emissions of HAP, listed in Table 1
 with remediation activities.        of this subpart, or TOC (minus
                                     methane and ethane) from all
                                     affected process vents by 95 weight-
                                     percent by venting emissions
                                     through a closed-vent system to any
                                     combination of control devices
                                     meeting the requirements of Sec.
                                     63.693. Instead of achieving the
                                     performance specifications listed
                                     in Sec.  63.693(d) through (g), you
                                     must meet a performance level for
                                     each control device necessary to
                                     achieve the 95% control level for
                                     all process vents combined; or b)
                                     For each period specified, reduce
                                     emissions of TOC (minus methane and
                                     ethane) from all affected source
                                     process vents at the facility below
                                     1.4 kg/h (3.0 lb/h) and
                                    b. 8 mg/yr (3.1 tons/yr). Instead of
                                     achieving the performance
                                     specifications listed in Sec.
                                     63.693(d) through (g), you must
                                     meet a performance level for each
                                     control device necessary to achieve
                                     the overall emissions rate limit
                                     for all process vents (whether
                                     controlled or uncontrolled)
                                     combined.
                                   -------------------------------------
------------------------------------------------------------------------

    As stated in Secs. 63.7890(b), 63.7912 (e) and (k), and 63.7942, 
you must meet each emissions limitation for remediation material 
management unit affected sources in the following table that applies to 
you:

     Table 3 to Subpart GGGGG of Part 63.--Emissions Limitations for
          Remediation Material Management Unit Affected Sources
------------------------------------------------------------------------
       For each . . .              Where . . .       Then you must . . .
------------------------------------------------------------------------
1. New and existing tank      a. The maximum HAP    i. For each 24-hour
 that is an affected source    vapor pressure of     period, reduce
 with a design capacity less   the remediation       emissions of HAP,
 than 38 cubic meters (m\3\)   material in the       listed in Table 1
 (10,000 gallons).             tank is less than     of this subpart, or
                               76.6 kilopascals      TOC (minus methane
                               (kPa) (11.1 psia).    and ethane) by 95
                                                     weight-percent (or,
                                                     for combustion
                                                     devices, to an
                                                     exhaust
                                                     concentration of 20
                                                     parts per million
                                                     by volume, on a dry
                                                     basis, corrected to
                                                     3% oxygen) by
                                                     venting emissions
                                                     through a closed-
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     requirements of
                                                     Sec.  63.693; or
                                                    ii. Comply with one
                                                     of the work
                                                     practice standards
                                                     (control level 1 or
                                                     2) specified in
                                                     Table 5, item 1 of
                                                     this subpart.
------------------------------------------------------------------------
2. New and existing tank      a. The maximum HAP    Same as Table 3,
 that is an affected source    vapor pressure of     items 1(a) of this
 with a design capacity        the remediation       subpart;
 greater than or equal to 38   material in the
 m \3\ and less than 151 m     tank is less than
 \3\ (40,000 gallons).         13.1 kPa (1.9 psia).
------------------------------------------------------------------------
3. New and existing tank      a. The maximum HAP    i. Same as Table 3,
 that is an affected source    vapor pressure of     item 1(a) of this
 with a design capacity        the remediation       subpart; or
 greater than or equal to 38   material in the      ii. Comply with the
 m \3\ and less than 151 m     tank is greater       work practice
 \3\ (40,000 gallons).         than or equal to      standards (for
                               13.1 kPa (1.9 psia).  control level 2)
                                                     specified in Table
                                                     5, item 2 of this
                                                     subpart.
------------------------------------------------------------------------
4. New and existing tank      a. The maximum HAP    Same as Table 3,
 that is an affected source    vapor pressure of     item 1(a) of this
 with a design capacity        the remediation       subpart.
 greater than or equal to      material in the
 151 m \3\.                    tank is less than
                               0.7 kPa (0.1 psia).
------------------------------------------------------------------------

[[Page 49435]]

 
5. New and existing tank       a. The maximum HAP   i. Same as Table 3,
 that is an affected source    vapor pressure of     item 1(a) of this
 with a design capacity        the remediation       subpart; or
 greater than or equal to      material in the      ii. Comply with the
 151 m \3\.                    tank is greater       work practice
                               than or equal to      standards (for
                               0.7 kPa (0.1 psia).   control level 2)
                                                     specified in Table
                                                     5, item 2 of this
                                                     subpart.
------------------------------------------------------------------------
6. New and existing           a. The design         i. Same as Table 3,
 container that is an          capacity is greater   item 1(a) of this
 affected source.              than 0.1 m \3\ (26    subpart; or
                               gallons) and less    ii. Comply with one
                               than or equal to      of the work
                               0.46 m \3\ (119       practice standards
                               gallons).             (control level 1, 2
                                                     or 3) specified in
                                                     Table 5, items 3 or
                                                     4 of this subpart.
------------------------------------------------------------------------
7. New and existing           a. The design         i. Same as Table 3,
 container that is an          capacity is greater   item 1(a) of this
 affected source.              than 0.46 m \3\ and   subpart; or
                               the container is     ii. Comply with one
                               not in light-         of the work
                               material service as   practice standards
                               defined in Sec.       (control level 1, 2
                               63.7942.              or 3) specified in
                                                     Table 5, item 3 or
                                                     4 of this subpart.
------------------------------------------------------------------------
8. New and existing           a. The design         i. Same as Table 3,
 container that is an          capacity is greater   item 1(a) of this
 affected source.              than 0.46 m \3\ and   subpart; or
                               the container is in  ii. Comply with one
                               light-material        of the work
                               service as defined    practice standards
                               in Sec.  63.7942.     (control level 2 or
                                                     3) specified in
                                                     Table 5, item 4 or
                                                     5 of this subpart.
------------------------------------------------------------------------
9. New and existing           a. The design         i. Comply with one
 container that is an          capacity is greater   of the following
 affected source.              than 0.1 m\3\ and     whenever the
                               the container is      remediation
                               used for a            material is exposed
                               stabilization         to the atmosphere:
                               process.             (1) The requirements
                                                     of Table 3, item
                                                     1(a) of this
                                                     subpart; or
                                                    (2) The work
                                                     practice standards
                                                     (for control level
                                                     3) specified in
                                                     Table 5, item 4 of
                                                     this subpart.
------------------------------------------------------------------------
10. New and existing surface  i. Same as Table 3,   ii. Comply with one
 impoundment that is an        item 1(a) of this     of the work
 affected source.              subpart; or.          practice standards
                                                     specified in Table
                                                     5, items 6 or 7 of
                                                     this subpart.
------------------------------------------------------------------------
11. New and existing oil/     i. Same as Table 3,   ii. Comply with one
 water separator and organic/  item 1(a) of this     of the work
 water separator.              subpart, or.          practice standards
                                                     specified in Table
                                                     5, items 8 or 9 of
                                                     this subpart.
------------------------------------------------------------------------

    As stated in Secs. 63.7890(c), 63.7912(d), 63.7914(b) and 63.7942, 
you must meet each operating limit in the following table that applies 
to you:

  Table 4 to Subpart GGGGG of Part 63.--Operating Limits and Associated
                   Work Practices for Control Devices
------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. Each existing and each new affected   a. Maintain the daily average
 source using a thermal incinerator to    firebox temperature greater
 comply with an emissions limit in        than or equal to the
 Table 2 and 3 of this subpart.           temperature established during
                                          the design evaluation or
                                          performance test.
                                         b. Maintain the daily average
                                          total organic or HAP
                                          concentration at the outlet
                                          less than or equal to the
                                          concentration established
                                          during the performance test
                                          (applies for CEMS only).
------------------------------------------------------------------------
2. Each existing and each new affected   a. replace the existing
 source using a catalytic incinerator     catalyst bed with a bed that
 to comply with an emissions limit in     meets the replacement
 Table 2 and 3 of this subpart.           specifications established
                                          during the design 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 daily average
                                          temperature at the inlet of
                                          the catalyst bed greater than
                                          or equal to the temperature
                                          established during the design
                                          evaluation or performance
                                          test.
                                         c. Maintain the daily average
                                          total organic or HAP
                                          concentration at the outlet
                                          less than or equal to the
                                          concentration established
                                          during the performance test
                                          (applies for CEMS only).
------------------------------------------------------------------------

[[Page 49436]]

 
3. Each existing and each new affected   a. Maintain the daily average
 source using a condenser to comply       condenser exit temperature
 with an emissions limit in Table 2 and   less than or equal to the
 3 of this subpart.                       temperature established during
                                          the design evaluation or
                                          performance test.
                                         b. Maintain the daily average
                                          total organic or HAP
                                          concentration at the outlet
                                          less than or equal to the
                                          concentration established
                                          during the performance test
                                          (applies for CEMS only).
------------------------------------------------------------------------
4. Each existing and each new affected   a. Replace the existing
 source using a carbon adsorption         adsorbent in each segment of
 system with adsorbent regeneration to    the bed with an adsorbent that
 comply with an emissions limit in        meets the replacement
 Table 2 and 3 of this subpart.           specifications established
                                          during the design evaluation
                                          or performance test before the
                                          age of the adsorbent exceeds
                                          the maximum allowable age
                                          established during the design
                                          evaluation or performance test
                                          in accordance with Sec.
                                          63.693(d)(2) through (4); and
                                         b. Maintain the frequency of
                                          regeneration greater than or
                                          equal to the frequency
                                          established during the design
                                          evaluation or performance test
                                          in accordance with Sec.
                                          63.693(d)(2) through (4); and
                                         c. Maintain the 1-hour average
                                          total regeneration stream mass
                                          flow during the adsorption bed
                                          regeneration cycle greater
                                          than or equal to the stream
                                          mass flow established during
                                          the design evaluation or
                                          performance test in accordance
                                          with Sec.  63.693(d)(2)
                                          through (4); and
                                         d. Maintain the 1-hour average
                                          temperature of the adsorption
                                          bed during regeneration
                                          (except during the cooling
                                          cycle) greater than or equal
                                          to the temperature established
                                          during the design evaluation
                                          or performance test in
                                          accordance with Sec.
                                          63.693(d)(2) through (4); and
                                         e. Maintain the 1-hour average
                                          temperature of the adsorption
                                          bed after regeneration (and
                                          within 15 minutes after
                                          completing any cooling cycle)
                                          less than or equal to the
                                          temperature established during
                                          the design evaluation or
                                          performance test in accordance
                                          with Sec.  63.693(d)(2)
                                          through (4).
                                         f. Maintain the daily average
                                          total organic or HAP
                                          concentration at the outlet
                                          less than or equal to the
                                          concentration established
                                          during the performance test in
                                          accordance with Sec.
                                          63.693(d)(2) (applies for CEMS
                                          only).
------------------------------------------------------------------------
5. Each existing and each new affected   a. Replace the existing
 source using a carbon adsorption         adsorbent in each segment of
 system without adsorbent regeneration    the bed with an adsorbent that
 to comply with an emissions limit in     meets the replacement
 Table 2 and 3 of this subpart.           specifications established
                                          during the design evaluation
                                          or performance test before the
                                          age of the adsorbent exceeds
                                          the maximum allowable age
                                          established during the design
                                          evaluation or performance test
                                          in accordance with Sec.
                                          63.693(d)(2); and
                                         b. Maintain the 1-hour average
                                          temperature of the adsorption
                                          bed less than or equal to the
                                          temperature established during
                                          the design evaluation or
                                          performance test in accordance
                                          with Sec.  63.693(d)(2).
                                         c. Maintain the daily average
                                          total organic or HAP
                                          concentration at the outlet
                                          less than or equal to the
                                          concentration established
                                          during the performance test
                                          (applies for CEMS only).
------------------------------------------------------------------------
6. Each existing and each new affected   a. Maintain the daily average
 source using a boiler or process         firebox temperature within the
 heater to comply with an emissions       operating level established
 limit in Table 2 and 3 of this subpart.  during the performance test.
                                         b. Maintain the daily average
                                          total organic or HAP
                                          concentration at the outlet
                                          less than or equal to the
                                          concentration established
                                          during the performance test
                                          (applies for CEMS only).
------------------------------------------------------------------------
7. Each existing and each new affected   a. Operate the flare at all
 source using a flare to comply with an   times when emissions may be
 emissions limit in Table 2 and 3 of      vented to it and with no
 this subpart.                            visible emissions in
                                          accordance with Sec.
                                          63.11(b)(4); and
                                         b. Maintain the presence of a
                                          flame at all times
                                          inaccordance with Sec.
                                          63.11(b)(5); and
                                         c. Meet the heat content
                                          specification in Sec.
                                          63.11(b)(6)(ii) and the
                                          maximum tip velocity
                                          specifications in Sec.
                                          63.11(b)(8) or (7), or meet
                                          the requirements in Sec.
                                          63.11(b)(6)(i).
                                         d. Maintain the daily average
                                          total organic or HAP
                                          concentration at the outlet
                                          less than or equal to the
                                          concentration established
                                          during the performance test
                                          (applies for CEMS only).
------------------------------------------------------------------------

    As stated in Sec. 63.7890(d), you must meet each work practice 
standard in the following table that applies to you:

[[Page 49437]]



      Table 5 to Subpart GGGGG of Part 63.--Work Practice Standards
------------------------------------------------------------------------
             For each . . .                       You must . . .
------------------------------------------------------------------------
1. New or existing tank that is an       a. As an alternative to the
 affected source meeting any set of       emissions limit in Table 3 of
 capacity and vapor pressure limits       this subpart, comply with the
 specified in Table 3, items 1, 2 or 4    requirements of subpart OO
 of this subpart.                         (control level 1) of this
                                          part; or
                                         b. Comply with the requirements
                                          of Sec.  63.685(d) (control
                                          level 2) of this part.
------------------------------------------------------------------------
2. New or existing tank that is an       As an alternative to the
 affected source meeting any set of       emissions limit in Table 3 of
 capacity and vapor pressure limits       this subpart, comply with the
 specified in Table 3, items 3 or 5 of    requirements of Sec.
 this subpart.                            63.685(d) (control level 2) of
                                          this part.
------------------------------------------------------------------------
3. New or existing container that is an  a. As an alternative to the
 affected source {meeting any set of      emissions limit in Table 3 of
 capacity limits specified in Table 3,    this subpart, comply with the
 items 6 or 7 of this subpart{time}       requirements of Sec.  63.922
 that is not vented to a control device.  (control level 1); or
                                         b. Comply with the requirements
                                          of Sec.  63.923 (control level
                                          2).
------------------------------------------------------------------------
4. New or existing container that is an  As an alternative to the
 affected source {meeting any set of      emissions limit in Table 3 of
 capacity limits specified in Table 3,    this subpart, comply with the
 items 6, 7, 8 or 9 of this               requirements of Sec.  63.924
 subpart{time}  that is vented to a       (control level 3).
 control device.
------------------------------------------------------------------------
5. New or existing container that is an  As an alternative to the
 affected source {meeting the capacity    emissions limit in Table 3 of
 limits specified in Table 3, item 8 of   this subpart, comply with the
 this subpart{time}  that is not vented   requirements of Sec.  63.923
 to a control device.                     (control level 2).
------------------------------------------------------------------------
6. New or existing surface impoundment   Install a floating membrane
 that is an affected source that is not   cover designed to meet
 vented to a control device.              specifications in Sec.
                                          63.942(a) through (c). The
                                          membrane must float on the
                                          surface at all times during
                                          normal operations.
------------------------------------------------------------------------
7. New or existing surface impoundment   a. Install a cover meeting the
 that is an affected source that is       requirements in Sec.
 vented through a closed vent system to   63.943(b) and (c); and
 a control device.                       b. Design and operate the
                                          closed vent system in
                                          accordance with the
                                          requirements of Sec.  63.693.
------------------------------------------------------------------------
8. New and existing oil/water            Follow the requirements of
 separator, or organic/water separator    Secs.  63.1042 (fixed roof),
 that is an affected source that is not   63.1043 (floating roof), or
 vented to a control device.              63.1045 (pressurized roof), as
                                          appropriate.
------------------------------------------------------------------------
9. New and existing oil/water            a. Follow the requirements of
 separator, or organic/water separator    Sec.  63.1044; and
 that is an affected source that is      b. design and operate the
 vented through a closed vent system to   closed vent system in
 a control device.                        accordance with the
                                          requirements of Sec.  63.693.
------------------------------------------------------------------------
10. New and existing equipment           Comply with the requirements of
 component that is an affected source.    subpart TT (control level 1);
                                          or subpart WW (control level
                                          2).
------------------------------------------------------------------------
11. New and existing transfer system     a. For individual drain
 that is an affected source.              systems, as defined in this
                                          subpart, comply with the
                                          requirements of subpart RR;
                                          and
                                         b. For transfer systems, other
                                          than individual drain systems,
                                          comply with the requirements
                                          of Sec.  63.689(c).
------------------------------------------------------------------------

    As stated in Secs. 63.7911(a), 63.7912(b) and (c), 63.7914(b), and 
63.7930(e)(2), you must conduct the performance testing required in the 
following table at any time the EPA requires for non-flare control 
devices in accordance with section 114 of the CAA:

                    Table 6 to Subpart GGGGG of Part 63.--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
              For . . .                     You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. New and existing affected source    Select sampling port     Method 1 or 1A of 40     Sampling sites must be
 process vents, tanks, containers,      locations and the        CFR part 60, appendix    located at the inlet
 surface impoundments, oil/water        number of traverse       A of Sec.                (if emissions
 separators, and organic/water          points.                  63.7(d)(1)(i).           reduction or
 separators complying with a HAP or                                                       destruction efficiency
 TOC reduction efficiency limit in                                                        testing is required)
 Table 2 or 3 of this subpart, an                                                         and outlet of the
 emissions rate limit in Table 2 of                                                       control device and
 this subpart, or an emissions                                                            prior to any releases
 concentration limit in Table 3 of                                                        to the atmosphere.
 this subpart.
----------------------------------------------------------------------------------------------------------------
2. New and existing affected source    Determine velocity and   Method 2, 2A, 2C, 2D,    For HAP or TOC
 process vents, tanks, containers,      volumetric flow rate.    2F, or 2G of appendix    reduction efficiency
 surface impoundments, oil/water                                 A to part 60 of this     or emissions rate
 separators, and organic/water                                   chapter.                 testing; not necessary
 separators complying with a HAP or                                                       for determining
 TOC reduction efficiency limit in                                                        compliance with 20
 Table 2 or 3 of this subpart or an                                                       ppmv concentration
 emissions rate limit in Table 2 of                                                       limit.
 this subpart.
----------------------------------------------------------------------------------------------------------------

[[Page 49438]]

 
3. New and existing affected source    Conduct gas molecular    Method 3, 3A, or 3B in   For flow rate
 process vents, tanks, containers,      weight analysis.         appendix A to part 60    determination only.
 surface impoundments, oil/water                                 of this chapter.
 separators, complying with a HAP or
 TOC reduction efficiency limit in
 Table 2 or 3 of this subpart or an
 emissions rate limit in Table 2 of
 this subpart.
----------------------------------------------------------------------------------------------------------------
4. New and existing affected source    Measure O2               Method 3A or 3B in       For correcting HAP and
 process vents, tanks, containers,      concentration.           appendix A to part 60    TOC concentrations
 surface impoundments, oil/water                                 of this chapter.         measured from
 separators, and organic/water                                                            combustion control
 separators complying with an                                                             device to 3% O2 for
 emissions concentration limit in                                                         comparing to 20 ppmv
 Table 3 of this subpart.                                                                 concentration limit.
                                                                                          See Sec.
                                                                                          63.7912(f)(4).
----------------------------------------------------------------------------------------------------------------
5. New and existing affected source    Measure moisture         Method 4 in appendix A   For flow rate
 process vents, tanks, containers,      content of the stack     to part 60 of this       determination and
 surface impoundments, oil/water        gas.                     chapter.                 correction to dry
 separators, and organic/water                                                            basis.
 separators complying with a HAP or
 TOC reduction efficiency limit in
 Table 2 or 3 of this subpart, an
 emissions rate limit in Table 2 of
 this subpart, or an emissions
 concentration limit in Table 3 of
 this subpart.
----------------------------------------------------------------------------------------------------------------
6. New and existing affected source    a. Measure organic HAP   i. Method 18 in          (1) The organic HAP
 process vents, tanks, containers,      concentration at inlet   appendix A to part 60    used for the
 surface impoundments, oil/water        and outlet locations.    of this chapter.         calibration gas for
 separators, and organic water         b. Measure TOC           i. Method 18 or Method    Method 25A must be the
 separators complying with a HAP or     concentration at inlet   25A or Method 25 in      single organic HAP
 TOC reduction efficiency limit in      and outlet locations.    appendix A to part 60    representing the
 Table 2 or 3 of this subpart.                                   of this chapter.         largest percent by
                                                                                          volume of emissions;
                                                                                          and
                                                                                         (2) during the
                                                                                          performance test or a
                                                                                          design evaluation, you
                                                                                          must establish the
                                                                                          operating parameter
                                                                                          limits within which
                                                                                          total organic HAP
                                                                                          emissions are reduced
                                                                                          by 95 weight-percent
                                                                                          (or to the level
                                                                                          necessary to meet the
                                                                                          emissions rate limits
                                                                                          in Table 2 of this
                                                                                          subpart) or to 20 ppmv
                                                                                          exhaust concentration.
----------------------------------------------------------------------------------------------------------------
7. All affected source process vents   Measure organic HAP at   Method 18 in appendix A
 associated with remediation            the outlet location.     to part 60 of this
 activities complying with the                                   chapter.
 emissions rate limit in item (1)(b)
 of Table 2 of this subpart.
----------------------------------------------------------------------------------------------------------------
8. New and existing affected source    a. Measure organic HAP   i. Method 18 in
 tanks, containers, surface             at the outlet location.  appendix A to part 60
 impoundments, oil/water separators,   b. Measure TOC at the     of this chapter.
 and organic/water separators           outlet location.        i. Method 18 in
 complying with a HAP or TOC                                     appendix A to part 60
 emissions concentration limit in                                of this chapter, or.
 Table 3 of this subpart.                                       ii. Method 25A in
                                                                 appendix A to part 60
                                                                 of this chapter.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------

    Use the following table to determine if you have demonstrated 
initial compliance for each affected source in Table 2 or 3 of this 
subpart and for process vents in Table 2 of this subpart:

[[Page 49439]]



 Table 7 to Subpart GGGGG of Part 63.--Initial Compliance With Emissions
                               Limitations
------------------------------------------------------------------------
                                For the following         You have
          For . . .           emissions limitation  demonstrated initial
                                      . . .          compliance if . . .
------------------------------------------------------------------------
1. Each affected source       Reduce total organic  Total organic HAP,
 listed in Table 2 or 3 of     HAP, listed in        listed in Table 1
 this subpart.                 Table 1 of this       of this subpart, or
                               subpart, or TOC       TOC emissions,
                               emissions by at       based on the
                               least 95 weight-      results of the
                               percent.              performance testing
                                                     specified in Table
                                                     6 of this subpart,
                                                     are reduced by at
                                                     least 95 weight-
                                                     percent; and you
                                                     have a record of
                                                     the operating
                                                     requirement(s)
                                                     listed in Table 4
                                                     of this subpart for
                                                     the process unit
                                                     over the
                                                     performance test
                                                     during which
                                                     emissions did not
                                                     exceed 95 weight-
                                                     percent.
------------------------------------------------------------------------
2. Each affected source       Limit emissions of    The average total
 listed in Table 3 of this     total HAP, listed     HAP, listed in
 subpart.                      in Table 1 of this    Table 1 of this
                               subpart, or TOC       subpart, or TOC
                               concentration to      emissions, measured
                               [le]20 ppmv.          using the methods
                                                     in Table 6 of this
                                                     subpart over the 3-
                                                     hour initial
                                                     performance test,
                                                     do not exceed 20
                                                     ppmv; and you have
                                                     a record of the
                                                     operating
                                                     requirement(s)
                                                     listed in Table 4
                                                     of this subpart for
                                                     the process unit
                                                     over the
                                                     performance test
                                                     during which
                                                     emissions did not
                                                     exceed 20 ppmv.
------------------------------------------------------------------------
3. Affected source process    Reduce total HAP,     The average total
 vents listed in Table 2 of    listed in Table 1     HAP, listed in
 this subpart.                 of this subpart, or   Table 1 of this
                               TOC emissions below   subpart, or TOC
                               1.4 kg/h (3.0 lb/     emissions, measured
                               hr) and 2.8 Mg/yr     using the methods
                               (3.1 ton/yr).         in Table 6 of this
                                                     subpart over the 3-
                                                     hour initial
                                                     performance test,
                                                     do not exceed 1.4
                                                     kg/h (3.0 lb/hr);
                                                     and you have a
                                                     record of the
                                                     operating
                                                     requirement(s)
                                                     listed in Table 4
                                                     of this subpart for
                                                     the process unit(s)
                                                     over the
                                                     performance test
                                                     during which
                                                     emissions did not
                                                     exceed 1.4 kg/h
                                                     (3.0 lb/hr).
------------------------------------------------------------------------

    Use the following table to determine if you have demonstrated 
initial compliance for tanks; containers; surface impoundments; oil/
water separators or organic/water separators; equipment; closed-vent 
systems; and transfer systems:

   Table 8 to Subpart GGGGG of Part 63.--Initial Compliance With Work
                           Practice Standards
------------------------------------------------------------------------
                                For the following         You have
       For each * * *             work practice     demonstrated initial
                                 standard * * *      compliance if * * *
------------------------------------------------------------------------
1. Tank complying with the    Install a fixed roof  You have met the
 requirements of subpart OO    designed and          work practice
 (control level 1) of this     operated in           standard and as
 part.                         accordance with       part of the
                               Sec.  63.902.         Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have installed a
                                                     fixed roof that
                                                     meets the
                                                     specifications in
                                                     Sec.  63.902, you
                                                     have performed the
                                                     initial inspection
                                                     following
                                                     installation of the
                                                     roof in accordance
                                                     with Sec.  63.906,
                                                     and you have a
                                                     record documenting
                                                     the roof design and
                                                     inspection results.
------------------------------------------------------------------------
2. Tank complying with the    Operate a fixed-roof  You have met the
 requirements of Sec.          tank with an          work practice
 63.685(d) (control level 2)   internal floating     standard and as
 of this part.                 roof (IFR) in         part of the
                               accordance with       Notification of
                               Sec.  63.685(e).      Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have installed an
                                                     IFR that meets the
                                                     applicable
                                                     specifications in
                                                     Sec.  63.685(e),
                                                     you have performed
                                                     the initial
                                                     inspection
                                                     following
                                                     installation of the
                                                     IFR in accordance
                                                     with Sec.
                                                     63.695(b)(1), and
                                                     you have a record
                                                     documenting the IFR
                                                     design and
                                                     inspection results.
------------------------------------------------------------------------

[[Page 49440]]

 
3. Tank complying with the    Install an external   You have met the
 requirements of Sec.          floating roof (EFR)   work practice
 63.685(d) (control level 2)   designed and          standard and as
 of this part.                 operated in           part of the
                               accordance with       Notification of
                               Sec.  63.685(f).      Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have installed an
                                                     EFR that meets the
                                                     specifications in
                                                     Sec.  63.685(f),
                                                     you have performed
                                                     the initial
                                                     inspection
                                                     following
                                                     installation of the
                                                     EFR in accordance
                                                     with Sec.
                                                     63.695(b)(2)(i),
                                                     and you have a
                                                     record documenting
                                                     the EFR design and
                                                     inspection results.
------------------------------------------------------------------------
4. Tank complying with the    Vent the tank to a    You have met the
 requirements of Sec.          control device in     work practice
 63.685(d) (control level 2)   accordance with       standard and as
 of this part.                 Sec.  63.685(g).      part of the
                                                     Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have installed a
                                                     fixed roof that
                                                     meets the
                                                     applicable
                                                     specifications in
                                                     Sec.  63.685(g)(1)
                                                     and (b), you have
                                                     performed the
                                                     initial inspection
                                                     following
                                                     installation of the
                                                     fixed roof in
                                                     accordance with
                                                     Sec.  63.695(b)(3),
                                                     and you have a
                                                     record documenting
                                                     the fixed roof
                                                     design and
                                                     inspection results.
------------------------------------------------------------------------
5. Tank complying with the    Use a pressure tank   You have met the
 requirements of Sec.          designed and          work practice
 63.685(d) (control level 2)   operated in           standard and as
 of this part.                 accordance with       part of the
                               Sec.  63.685(h).      Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have designed a
                                                     pressure tank
                                                     meeting the
                                                     applicable
                                                     specifications in
                                                     Sec.  63.685(h),
                                                     and you have a
                                                     record documenting
                                                     the tank design.
------------------------------------------------------------------------
6. Tank complying with the    A tank located        You have met the
 requirements of Sec.          inside an enclosure   work practice
 63.685(d) (control level 2)   in accordance with    standard and as
 of this part.                 Sec.  63.685(i).      part of the
                                                     Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that the
                                                     enclosure meets the
                                                     applicable
                                                     specifications in
                                                     Sec.  63.685(i),
                                                     you have performed
                                                     the initial
                                                     inspection in
                                                     accordance with
                                                     Sec.  63.685(i)(1),
                                                     and you have a
                                                     record documenting
                                                     the enclosure
                                                     design and
                                                     inspection results.
------------------------------------------------------------------------
7. Container complying with   Install a cover       You have met the
 Sec.  63.922 (level 1         meeting the           work practice
 controls).                    requirements of       standard and as
                               Sec.  63.922          part of the
                               whenever              Notification of
                               remediation           Compliance Status,
                               material is in the    you submit a signed
                               container.            statement that the
                                                     cover meets Sec.
                                                     63.922 and you have
                                                     visually inspected
                                                     the container and
                                                     its cover and
                                                     closure devices for
                                                     visible cracks,
                                                     holes, gaps, or
                                                     other open spaces
                                                     within 24 hours
                                                     after the material
                                                     is placed in the
                                                     container and
                                                     maintain a record
                                                     of the inspection.
------------------------------------------------------------------------
8. Container complying with   Install a cover       You have met the
 Sec.  63.923 (level 2         meeting the           work practice
 controls).                    requirements of       standard and as
                               Sec.  63.923 and be   part of the
                               installed whenever    Notification of
                               remediation           Compliance Status,
                               material is in the    you submit a signed
                               container.            statement that the
                                                     cover meets Sec.
                                                     63.923 and you have
                                                     visually inspected
                                                     the container and
                                                     its cover and
                                                     closure devices for
                                                     visible cracks,
                                                     holes, gaps, or
                                                     other open spaces
                                                     within 24 hours
                                                     after the material
                                                     is placed in the
                                                     container and
                                                     maintain a record
                                                     of the inspection.
------------------------------------------------------------------------

[[Page 49441]]

 
9. Container complying with   Vent the container    You have met the
 Sec.  63.924 (level 3         through a closed-     work practice
 controls).                    vent system (CVS)     standard, and for
                               to a control device   containers vented
                               according to the      inside an
                               specifications of     enclosure, as part
                               Sec.  63.924(b).      of the Notification
                                                     of Compliance
                                                     Status, you submit
                                                     a signed statement
                                                     that, you meet the
                                                     requirements of
                                                     Sec.  63.924(c)(1).
                                                     Note: see item
                                                     number 17 of this
                                                     table for work
                                                     practice
                                                     requirements for
                                                     closed-vent
                                                     systems.
------------------------------------------------------------------------
10. Surface impoundment       Install a floating    You have met the
 subject to Sec.  63.940       membrane cover        work practice
 that is not vented to a       designed in           standard and as
 control device.               accordance with       part of the
                               specifications in     Notification of
                               Sec.  63.942(a)       Compliance Status,
                               through (c).          you submit a signed
                                                     statement that you
                                                     have installed a
                                                     floating membrane
                                                     cover the meets the
                                                     specifications in
                                                     Sec.  63.942(b),
                                                     you have performed
                                                     the initial
                                                     inspection
                                                     following
                                                     installation of the
                                                     cover in accordance
                                                     with Sec.
                                                     63.946(a)(2), and
                                                     you have a record
                                                     documenting the
                                                     cover design and
                                                     inspection results.
------------------------------------------------------------------------
11. Surface impoundment       Install a cover       You have met the
 subject to Sec.  63.940       designed in           work practice
 that is vented to a control   accordance with       standard and as
 device.                       specifications in     part of the
                               Sec.  63.943(b).      Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have installed a
                                                     cover the meets the
                                                     specifications in
                                                     Sec.  63.943(b),
                                                     you have performed
                                                     the initial
                                                     inspection
                                                     following
                                                     installation of the
                                                     cover as required
                                                     by Sec.
                                                     63.946(b)(1)(ii),
                                                     and you have a
                                                     record documenting
                                                     the cover design
                                                     and inspection
                                                     results.
------------------------------------------------------------------------
12. Oil/water separator, or   Install a fixed roof  You have met the
 organic/water separator       designed in           work practice
 complying with Sec.           accordance with the   standard and as
 63.1042.                      specifications in     part of the
                               Sec.  63.1042(b).     Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have installed a
                                                     fixed roof that
                                                     meets the
                                                     specifications in
                                                     Sec.  63.1042(b),
                                                     you have performed
                                                     the initial
                                                     inspection
                                                     following
                                                     installation of the
                                                     fixed roof as
                                                     required by Sec.
                                                     63.1047(a), and you
                                                     have a record
                                                     documenting the
                                                     fixed roof design
                                                     and inspection
                                                     results.
------------------------------------------------------------------------
13. Oil/water separator, or   Install a floating    You have met the
 organic/water separator       roof designed in      work practice
 complying with Sec.           accordance with the   standard and as
 63.1043.                      specifications in     part of the
                               Sec.  63.1043(b).     Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have installed a
                                                     floating roof that
                                                     meets the
                                                     specifications in
                                                     Sec.  63.1043(b),
                                                     you have performed
                                                     the initial
                                                     inspection
                                                     following
                                                     installation of the
                                                     floating roof as
                                                     required by Sec.
                                                     63.1047(b), and you
                                                     have a record
                                                     documenting the
                                                     floating design and
                                                     inspection results.
------------------------------------------------------------------------
14. Oil/water separator, or   Install a fixed roof  You have met the
 organic/water separator       designed in           work practice
 complying with Sec.           accordance with the   standard and as
 63.1044.                      specifications in     part of the
                               Sec.  63.1044(b)      Notification of
                               and vent headspace    Compliance Status,
                               to a control device   you submit a signed
                               through a CVS.        statement that you
                                                     have installed a
                                                     fixed roof that
                                                     meets the
                                                     specifications in
                                                     Sec.  63.1044(b),
                                                     you have performed
                                                     the initial
                                                     inspection
                                                     following
                                                     installation of the
                                                     fixed roof as
                                                     required by Sec.
                                                     63.1047(c), and you
                                                     have a record
                                                     documenting the
                                                     fixed roof design
                                                     and inspection
                                                     results.
------------------------------------------------------------------------

[[Page 49442]]

 
15. Oil/water separator, or   Operate the           You have met the
 organic/water separator       separator as a        work practice
 that is complying with Sec.   closed system in      standard and as
  63.1045.                     accordance with the   part of the
                               specifications in     Notification of
                               Sec.  63.1045(b).     Compliance Status,
                                                     you submit a signed
                                                     statement that the
                                                     separator operates
                                                     as a closed-system,
                                                     you have performed
                                                     the no detectable
                                                     organic emissions
                                                     test required in
                                                     Sec.  63.1046, and
                                                     you have a record
                                                     documenting the
                                                     separator design
                                                     and inspection
                                                     results.
------------------------------------------------------------------------
16. Item of equipment.......  Carry out a leak      You have met the
                               detection and         work practice
                               repair program to     standard and as
                               comply with the       part of the
                               requirements of       Notification of
                               subpart TT (control   Compliance Status,
                               level 1); or          you submit a signed
                               subpart WW (control   statement that
                               level 2)..            equipment subject
                                                     to the work
                                                     practice
                                                     requirements has
                                                     been identified and
                                                     you make available
                                                     written
                                                     specifications for
                                                     the leak detection
                                                     and repair program
                                                     or equivalent
                                                     control approach.
------------------------------------------------------------------------
17. Closed-vent system (CVS)  Design and operate    You have met the
 conveying emissions to a      the CVS in            work practice
 control device.               accordance with the   standard and as
                               specifications in     part of the
                               Sec.  63.693.         Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that CVS
                                                     meets the
                                                     specifications in
                                                     Sec.  63.695(c) and
                                                     you perform the
                                                     initial inspection
                                                     required by Sec.
                                                     63.695(c)(1)(i) and
                                                     have a record
                                                     documenting the
                                                     design and
                                                     inspection results.
------------------------------------------------------------------------
18. Transfer system that is   Meet the design and   You have met the
 an individual drain system    operating             work practice
 complying with the            requirements in       standard and as
 applicable requirements in    Sec.  63.962(a).      part of the
 subpart RR.                                         Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have designed the
                                                     applicable controls
                                                     in accordance with
                                                     Sec.  63.962(a) and
                                                     (b) and performed
                                                     the initial
                                                     inspection
                                                     requirements in
                                                     Sec.  63.964(a)(1)(
                                                     iv) and have a
                                                     record documenting
                                                     the design and
                                                     inspection results.
                                                     Systems conveying
                                                     emissions through a
                                                     CVS to a control
                                                     device should meet
                                                     the requirements in
                                                     item 17 of this
                                                     table.
------------------------------------------------------------------------
19. Transfer system that is   Design and operate a  You have met the
 not an individual drain       transfer system       work practice
 system and complies with      using covers in       standard and as
 the requirements in Sec.      accordance with       part of the
 63.689(c).                    Sec.  63.689(d).      Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have designed and
                                                     installed the
                                                     covers as required
                                                     by Sec.
                                                     63.689(d)(1)
                                                     through (5),
                                                     performed the
                                                     inspection
                                                     requirements in
                                                     Sec.  63.695(d)(2)
                                                     and have a record
                                                     documenting the
                                                     design and
                                                     inspection results.
------------------------------------------------------------------------
20. Transfer system that is   Design and operate a  You have met the
 not an individual drain       transfer system       work practice
 system and complies with      using hard piping     standard and as
 the requirements in Sec.      in accordance with    part of the
 63.689(c).                    Sec.  63.689(c)(2).   Notification of
                                                     Compliance Status,
                                                     you submit a signed
                                                     statement that you
                                                     have installed the
                                                     hard piping as
                                                     specified in Sec.
                                                     63.689(c)(2).
------------------------------------------------------------------------

    Use the following table to determine if you have demonstrated 
continuous compliance for each unit in Table 2 or 3 of this subpart:

[[Page 49443]]



    Table 9 to Subpart GGGGG of Part 63.--Continuous Compliance With
                          Emissions Limitations
------------------------------------------------------------------------
                                                          You have
                                For the following       demonstrated
          For* * *            emissions limitation       continuous
                                      * * *         compliance by  * * *
------------------------------------------------------------------------
1. Each unit listed in Table  a. Reduce total       i. Performing CMS
 2 or 3 of this subpart.       organic HAP, listed   monitoring and
                               in Table 1 of this    collecting data
                               subpart, or TOC       according to Secs.
                               emissions by at       63.7914, 63.7921,
                               least 95 weight-      and 63.7930;
                               percent,             ii. Maintaining the
                                                     site-specific
                                                     operating limits
                                                     within the ranges
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    iii. Continuously
                                                     monitoring and
                                                     recording the total
                                                     organic or HAP
                                                     concentration at
                                                     least every 15
                                                     minutes, reducing
                                                     the CEMS data to 1-
                                                     hour and then 24-
                                                     hour block
                                                     averages, and
                                                     maintaining the 24-
                                                     hour block average
                                                     total organic or
                                                     HAP concentration
                                                     less than or equal
                                                     to the
                                                     concentration
                                                     established during
                                                     the performance
                                                     test; and
                                                    iv. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.10.
------------------------------------------------------------------------
2. Each unit listed in Table  Limit emissions of    Same as in item 1 of
 3 of this subpart....         total HAP, listed     Table 9 of this
                               in Table 1 of this    Subpart
                               Subpart, or TOC
                               concentration of
                               [le]20 ppmv.
------------------------------------------------------------------------
3. Each unit listed in Table  Limit emissions of    Same as in item 1 of
 2 or 3 of this subpart.       total HAP, listed     Table 9 of this
                               in Table 1 of this    subpart.
                               subpart, to below
                               1.4 kg/hr (3.0 lb/
                               hr) and 2.8 Mg/yr
                               (3.1 ton/yr).
------------------------------------------------------------------------

    Use the following table to determine if you have demonstrated 
continuous compliance for each affected source unit in Table 2 or 3 of 
this subpart:

    Table 10 to Subpart GGGGG of Part 63.--Continuous Compliance With
                            Operating Limits
------------------------------------------------------------------------
                                                    You must demonstrate
          For * * *             For the following        continuous
                               operating limit * *   compliance by * * *
----------------------------------------*-------------------------------
1. Affected source using a    a. Maintain the       i. Continuously
 thermal oxidizer to comply    hourly average        monitoring and
 with an emissions limit in    firebox temperature   recording firebox
 Table 2 or 3 of this          greater than or       temperature every
 subpart.                      equal to the          15 minutes and
                               temperature           maintaining the
                               established during    hourly average
                               the design            firebox temperature
                               evaluation or         greater than or
                               performance test.     equal to the
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.10.
------------------------------------------------------------------------
2. Affected source using a    a. Replace the        i. Replacing the
 catalytic oxidizer to         existing catalyst     existing catalyst
 comply with an emissions      bed with a catalyst   bed with a catalyst
 limit in Table 2 or 3 of      bed that meets the    bed that meets the
 this 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.
                                                     63.10.
                              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
                               temperature           minutes and
                               established during    maintaining the
                               the design            hourly average
                               evaluation or         temperature at the
                               performance test.     inlet of the
                                                     catalyst bed
                                                     greater than or
                                                     equal to the
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.10.
                              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.
                                                     63.10.

[[Page 49444]]

 
3. Affected source using a    a. Maintain the       i. Continuously
 condenser to comply with an   hourly average        monitoring and
 emissions limit in Table 2    condenser exit        recording the
 or 3 of this subpart.         temperature less      temperature at the
                               than or equal to      exit of the
                               the temperature       condenser at least
                               established during    every 15 minutes
                               the design            and maintaining the
                               evaluation or         hourly average
                               performance test.     condenser exit
                                                     temperature less
                                                     than or equal to
                                                     the temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.10.
------------------------------------------------------------------------
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 emissions      the bed with an       the bed with an
 limit in Table 2 or 3 of      adsorbent that        adsorbent that
 this 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.
                                                     63.10.
------------------------------------------------------------------------
                              b. Maintain the       i. Maintaining the
                               frequency of          frequency of
                               regeneration          regeneration
                               greater than or       greater than or
                               equal to the          equal to the
                               frequency             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.
                                                     63.10.
                              c. Maintain the       i. Continuously
                               total regeneration    monitoring and
                               stream mass flow      recording the total
                               during the            regeneration stream
                               adsorption bed        mass flow during
                               regeneration cycle    the adsorption bed
                               greater than or       regeneration cycle
                               equal to the stream   and maintaining the
                               mass flow             flow greater than
                               established during    or equal to the
                               the design            stream mass flow
                               evaluation or         established during
                               performance test.     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.10.
                              d. Maintain the       i. Continuously
                               hourly temperature    monitoring and
                               of the adsorption     recording the
                               bed during            hourly temperature
                               regeneration          of the adsorption
                               (except during the    bed during
                               cooling cycle)        regeneration
                               greater than or       (except during the
                               equal to the          cooling cycle) and
                               temperature           maintaining the
                               established during    hourly temperature
                               the design            greater than or
                               evaluation or         equal to the
                               performance test.     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.10.
                              e. Maintain the       i. Continuously
                               hourly temperature    monitoring and
                               of the adsorption     recording the
                               bed after             hourly temperature
                               regeneration (and     of the adsorption
                               within 15 minutes     bed after
                               after completing      regeneration (and
                               any cooling cycle)    within 15 minutes
                               less than or equal    after completing
                               to the temperature    any cooling cycle)
                               established during    and maintaining the
                               the design            hourly temperature
                               evaluation or         less than or equal
                               performance test.     to the temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.10.
------------------------------------------------------------------------
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 emissions      the bed with an       the bed with an
 limit in Table 2 or 3.        adsorbent that        adsorption that
                               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.
                                                     63.10.
                             -------------------------------------------

[[Page 49445]]

 
                              b. Maintain the       i. Continuously
                               hourly temperature    monitoring and
                               of the adsorption     recording the
                               bed less than or      hourly temperature
                               equal to the          of the adsorption
                               temperature           bed and maintaining
                               established during    an hourly
                               the design            temperature less
                               evaluation or         than or equal to
                               performance test.     the temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test;
                                                     and
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.10.
6. Affected source using a    a. Maintain a pilot   i. Continuously
 flare to comply with an       flame present in      operating a device
 emissions limit in Table 2    the flare at all      that detects the
 or 3 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.
                                                     63.695(e).
                              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 emissions         from the emissions;
                               source (Sec.          and
                               63.11(b)(5)).        ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.10.
                              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.
                                                     63.10
                              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.
                                                     63.10.
                              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.
                                                     63.10.
------------------------------------------------------------------------

    Use the requirements in the following table to demonstrate 
continuous compliance for tanks; containers; surface impoundments; oil/
water separators or organic/water separators; equipment; closed-vent 
systems; and transfer systems:

 Table 11 to Subpart GGGGG of Part 63.--Continuous Compliance With Work
                           Practice Standards
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
        For each * *              work practice      compliance by * * *
                                 standard * * *
------------------------------------------------------------------------
1. Tank complying with        a. install a fixed    i. following the
 subpart OO (control level     roof designed and     inspection and
 1) of this part.              operated in           repair procedures
                               accordance with the   in Sec.  63.906(a)
                               applicable            and (b); and
                               specifications in    ii. keeping the
                               Sec.  63.902.         records required in
                                                     Sec.  63.907.
------------------------------------------------------------------------
2. Tank complying with the    a. operate a fixed-   i. following the
 requirements of Sec.          roof tank with an     inspection and
 63.685(d) (control level 2)   internal floating     repair requirements
 of this part.                 roof (IFR) in         in Sec.
                               accordance with       63.695(b)(1) and
                               Sec.  63.685(e).      (4); and
                                                    ii. keeping the
                                                     records required in
                                                     Sec.  63.696.
------------------------------------------------------------------------
3. Tank complying with the    a. install an         i. following the
 requirements of Sec.          external floating     inspection and
 63.685(d) (control level 2)   roof (EFR) designed   repair requirements
 of this part.                 and operated in       in Sec.
                               accordance with       63.695(b)(2) and
                               Sec.  63.685(f).      (4); and
                                                    ii. keeping the
                                                     records required in
                                                     Sec.  63.696(d).
------------------------------------------------------------------------
4. Tank complying with the    a. vent the tank      i. following the
 requirements of Sec.          through a closed      inspection and
 63.685(d) (control level 2)   vent system (CVS)     repair requirements
 of this part.                 to a control device   in Sec.
                               in accordance with    63.695(b)(3) and
                               Sec.  63.685(g).      (4); and
                                                    ii. following the
                                                     inspection and
                                                     monitoring
                                                     requirements for
                                                     the CVS in Sec.
                                                     63.695(c)(1)-(3);
                                                     and
                                                    iii. keeping the
                                                     records required in
                                                     Sec.  63.696(e).
------------------------------------------------------------------------
5. Tank complying with the    use a pressure tank   operating the
 requirements of Sec.          designed and          pressure tank at
 63.685(d) (control level 2)   operated in           all times in
 of this part.                 accordance with       accordance with the
                               Sec.  63.685(h).      specifications in
                                                     Sec.  63.685(h).
------------------------------------------------------------------------
6. Tank complying with the    a. a tank located     i. meeting the
 requirements of Sec.          inside an enclosure   recordkeeping
 63.685(d) (control level 2)   in accordance with    requirements of
 of this part.                 Sec.  63.685(i).      Sec.  63.696(f);
                                                     and
                                                    ii. meeting the
                                                     requirements for a
                                                     closed-vent system
                                                     specified in item
                                                     19 of this table.
------------------------------------------------------------------------
7. Container complying with   install a cover       following the
 Sec.  63.922 (level 1         meeting the           inspection and
 controls).                    requirements of       repair requirements
                               Sec.  63.922          in Sec.
                               whenever              63.926(a)(2) and
                               remediation           (3).
                               material is in the
                               container.
------------------------------------------------------------------------

[[Page 49446]]

 
8. Container complying with   install a cover       following the
 Sec.  63.923 (level 2         meeting the           inspection and
 controls).                    requirements of       repair requirements
                               Sec.  63.923          in Sec.
                               whenever              63.926(c)(2) and
                               remediation           (3).
                               material is in the
                               container.
------------------------------------------------------------------------
9. Container complying with   a. vent the           i. following the
 Sec.  63.924 (level 3         container through a   inspection and
 controls).                    closed-vent system    monitoring
                               (CVS) to a control    requirements for
                               device according to   the CVS in Sec.
                               the specifications    63.695(c)(1)-(3);
                               of Sec.  63.924(b).   and
                                                     ii. keeping the
                                                     records required in
                                                     Sec.  63.927.
------------------------------------------------------------------------
10. Surface impoundment       install a floating    maintaining the
 complying with the            membrane cover        membrane floating
 applicable requirements in    designed according    on the liquid
 subpart QQ that is not        to the                surface and
 vented to a control device.   specifications in     visually inspecting
                               Sec.  63.942(a)-(b)   the membrane at
                               and maintain the      least once every
                               membrane floating     year, making a
                               on the liquid         first attempt at
                               surface at all        repair of any
                               times.                defects within 5
                                                     calendar days of
                                                     detection,
                                                     completing repair
                                                     within 45 calendar
                                                     days of detection,
                                                     and keeping the
                                                     records required in
                                                     Sec.  63.947(a).
------------------------------------------------------------------------
11. Surface impoundment that  install a cover       maintaining a cover
 is a new or existing          designed to meet      on the surface
 affected source subject to    the applicable        impoundment in
 subpart QQ that is vented     specifications in     accordance with the
 to a control device.          Sec.  63.943(b);      specifications in
                               and vent the          Sec.  63.943(c),
                               emissions through a   visually inspecting
                               closed-vent system    the cover in
                               (CVS) to a control    accordance with
                               device.               Sec.  63.946(b),
                                                     repairing any
                                                     defects as
                                                     specified in Sec.
                                                     63.946(c), and
                                                     keeping a record of
                                                     the inspection as
                                                     required in Sec.
                                                     63.947; Note: see
                                                     item no. 19 in this
                                                     Table for CVS
                                                     requirements.
------------------------------------------------------------------------
12. Oil/water separator, or   install a fixed roof  performing the
 organic/water separator       designed to meet      inspection required
 complying with Sec.           specifications in     by Sec.  63.1047(a)
 63.1042.                      Sec.  63.1042(b).     once every calendar
                                                     year, and
                                                     maintaining the
                                                     records required by
                                                     Sec.  63.1048.
------------------------------------------------------------------------
13. Oil/water separator, or   install a floating    performing the
 organic/water separator       roof designed to      inspections
 complying with Sec.           meet specifications   required by Sec.
 63.1043.                      in Sec.  63.1043(b).  63.1047(b), and
                                                     maintaining the
                                                     records required by
                                                     Sec.  63.1048.
------------------------------------------------------------------------
14. Oil/water separator, or   install a fixed roof  performing a visual
 organic/water separator       designed to meet      inspection of the
 that is complying with Sec.   the specifications    fixed roof at least
  63.1044.                     in Sec.  63.1044(b)   once every calendar
                               and vent headspace    year under Sec.
                               to a control device   63.1047(c)(1)(ii),
                               through a CVS.        operating,
                                                     inspecting and
                                                     monitoring the CVS
                                                     in accordance with
                                                     the requirements in
                                                     Sec.  63.693, and
                                                     keeping the records
                                                     required by Sec.
                                                     63.1048.
------------------------------------------------------------------------
15. Oil/water separator, or   operate the           operating the
 organic/water separator       separator as a        separator as a
 that is complying with Sec.   closed system in      closed-system and
  63.1045.                     accordance with the   performing the no
                               specifications in     detectable organic
                               Sec.  63.1045(b).     emissions test
                                                     required by Sec.
                                                     63.1046.
------------------------------------------------------------------------
16. Piece of equipment        carry out a leak      meeting the
 complying with either         detection and         monitoring, repair
 subpart TT or WW of this      repair program        and recordkeeping
 part.                         complying with the    requirements of
                               requirements of       either subpart TT
                               subpart TT (control   or subpart WW.
                               level 1) or subpart
                               WW (control level
                               2).
------------------------------------------------------------------------
17. Affected source           a. design and         i. following the
 conveying emissions to a      operate the CVS in    inspection, repair
 control device using a        accordance with the   and monitoring
 closed-vent system (CVS).     specifications in     requirements in
                               Sec.  63.693.         Sec.  63.695(c)(1)
                                                     through (3); and
                                                    ii. keeping the
                                                     records required by
                                                     Sec.  63.696(a).
                                                     For the purposes of
                                                     this subpart, the
                                                     term ``Table 2 of
                                                     this subpart'' in
                                                     40 CFR Part 63
                                                     Subpart DD means
                                                     ``Table 13''.
------------------------------------------------------------------------
18. Transfer system that is   a. meet the design    i. following the
 an individual drain system    and operating         operating
 complying with the            requirements in       requirements in
 applicable requirements in    Sec.  63.962(a).      Sec.  63.962(b),
 subpart RR.                                         the inspection and
                                                     repair requirements
                                                     in Sec.
                                                     63.964(a)and (b);
                                                     and
                                                    ii. keeping the
                                                     records required by
                                                     Sec.  63.965(a).
                                                     iii. systems
                                                     conveying emissions
                                                     through a CVS to a
                                                     control device
                                                     should meet the
                                                     requirements in
                                                     item 19 of this
                                                     table.
------------------------------------------------------------------------

[[Page 49447]]

 
19. Transfer system that is   a. transfer system    i. following the
 not an individual drain       using covers in       operating
 system and complies with      accordance with       requirements in
 the requirements in Sec.      Sec.  63.689(d).      Sec.  63.689(d)(5)
 63.689(c).                                          and the inspection
                                                     and repair
                                                     requirements in
                                                     Sec.  63.695(d);
                                                     and
                                                    ii. keeping the
                                                     records required by
                                                     Sec.  63.696.
------------------------------------------------------------------------

    Use the following table to determine which reports to submit:

     Table 12 to Subpart GGGGG of Part 63.--Requirements for Reports
------------------------------------------------------------------------
                                 The report must     You must submit the
 You must submit a(n) * * *       contain * * *         report * * *
------------------------------------------------------------------------
1. Compliance report........  a. A statement that   i. Semiannually
                               there were no         according to the
                               deviations from the   requirements in
                               emissions             Sec.  63.7931(b).
                               limitations and
                               work practice
                               standards during
                               the reporting
                               period if there are
                               no deviations from
                               any emissions
                               limitations
                               (emissions limit,
                               operating limit,
                               opacity limit, and
                               visible emissions
                               limit) that applies
                               to you, and there
                               are no deviations
                               from the
                               requirements for
                               work practice
                               standards in Table
                               11 of this subpart
                               that apply to you.
                               If there were no
                               periods during
                               which the CMS,
                               including CEMS,
                               COMS, and operating
                               parameter
                               monitoring systems,
                               was out-of-control
                               as specified in
                               Sec.  63.8(c)(7), a
                               statement that
                               there were no
                               periods during the
                               which the CMS was
                               out-of-control
                               during the
                               reporting period;
                               and.
                              b. The information    i. Semiannually
                               in Sec.  63.7931(c)   according to the
                               and (d) if you have   requirements in
                               a deviation from      Sec.  63.7931(b).
                               any emissions
                               limitation
                               (emissions limit,
                               operating limit,
                               opacity limit, and
                               visible emissions
                               limit) or work
                               practice standard
                               during the
                               reporting period;
                               and.
                              c. The information    i. Semiannually
                               in Sec.  63.7931(c)   according to the
                               and (d) if there      requirements in
                               were periods.         Sec.  63.7931(b).
------------------------------------------------------------------------
2. immediate startup,         a. Actions taken for  i. by fax or
 shutup, shutdown, and         the event.            telephone within 2
 malfunction report if you                           working days after
 had a startup, shutdown, or                         starting actions
 malfunction during the                              inconsistent with
 reporting period that is                            the plan.
 not consistent with your
 startup, shutdown, and
 malfunction plan.
                              b. The information    i. by letter within
                               in Sec.               7 working days
                               63.10(d)(5)(ii).      after the end of
                                                     the event unless
                                                     you have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority.
------------------------------------------------------------------------

    As stated in Sec. 63.7940, you must comply with the applicable 
General Provisions requirements according to the following table:

           Table 13 to Subpart GGGGG of Part 63.--Applicability of General Provisions to Subpart GGGGG
----------------------------------------------------------------------------------------------------------------
                                                                                                    Applies to
           Citation                   Subject                     Brief description               subpart GGGGG
----------------------------------------------------------------------------------------------------------------
Sec.  63.1...................  Applicability........  Initial Applicability Determination;       Yes
                                                       Applicability After Standard
                                                       Established; Permit Requirements;
                                                       Extensions, Notifications.
----------------------------------------------------------------------------------------------------------------
Sec.  63.2...................  Definitions..........  Definitions for part 63 standards........  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.3...................  Units and              Units and abbreviations for part 63        Yes.
                                Abbreviations.         standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.4...................  Prohibited Activities  Prohibited Activities; Compliance date;    Yes.
                                                       Circumvention, Severability.
----------------------------------------------------------------------------------------------------------------
Sec.  63.5...................  Construction/          Applicability; applications; approvals...  Yes.
                                Reconstruction.
----------------------------------------------------------------------------------------------------------------

[[Page 49448]]

 
Sec.  63.6(a)................  Applicability........  GP apply unless compliance extension GP    Yes.
                                                       apply to area sources that become major.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(b)(1)-(4).........  Compliance Dates for   Standards apply at effective date; 3       Yes.
                                New and                years after effective date; upon
                                Reconstructed          startup; 10 years after construction or
                                sources.               reconstruction commences for 112(f).
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(b)(5).............  Notification.........  Must notify if commenced construction or   Yes.
                                                       reconstruction after proposal.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(b)(6).............  [Reserved]...........    .......................................
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(b)(7).............  Compliance Dates for   Area sources that become major must        Yes.
                                New and                comply with major source standards
                                Reconstructed Area     immediately upon becoming major,
                                Sources That Become    regardless of whether required to comply
                                Major.                 when they were an area source.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(c)(1)-(2).........  1. Compliance Dates    a. Comply according to date in subpart,
                                for Existing Sources.  which must be no later than 3 years
                                                       after effective date.
                               .....................  b. For 112(f) standards, comply within 90  Yes.
                                                       days of effective date unless compliance
                                                       extension.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(c)(3)-(4).........  [Reserved]...........    .......................................
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(c)(5).............  Compliance Dates for   Area sources that become major must        Yes.
                                Existing Area          comply with major source standards by
                                Sources That Become    date indicated in subpart or by
                                Major.                 equivalent time period (for example, 3
                                                       years).
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(d)................  [Reserved]...........    .......................................
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(e)(1)-(2).........  1. Operation &         a. Operate to minimize emissions at all    Yes.
                                Maintenance.           times.
                                                      b. Correct malfunctions as soon as         Yes.
                                                       practicable.
                                                      c. Operation and maintenance requirements  Yes.
                                                       independently enforceable; information
                                                       Administrator will use to determine if
                                                       operation and maintenance requirements
                                                       were met.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(e)(3).............  1. Startup, Shutdown,  a. Requirement for SSM and startup,        Yes
                                and malfunction Plan   shutdown, and Malfunction plan.
                                (SSMP).
                                                      b. Content of SSMP.......................  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(f)(1).............  Compliance Except      You must comply with emissions standards   Yes.
                                During SSM.            at all times except during SSM.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(f)(2)-(3).........  Methods for            Compliance based on performance test,      Yes.
                                Determining            operation and maintenance plans,
                                Compliance.            records, inspection.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(g)(1)-(3).........  Alternative Standard.  Procedures for getting an alternative      Yes.
                                                       standard.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)................  Opacity/Visible        Requirements for opacity and visible       Yes. However,
                                Emissions (VE)         emissions limits.                          there are no
                                Standards.                                                        opacity
                                                                                                  standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(1).............  Compliance with        You must comply with Opacity/VE emissions  Yes. However,
                                opacity/VE Standards.  limitations at all times except during     there are no
                                                       SSM.                                       opacity
                                                                                                  standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(2)(i)..........  Determining            If standard does not state test method,    Yes. However,
                                Compliance with        use Method 9 for opacity and Method 22     there are no
                                Opacity/VE Standards.  for VE.                                    opacity
                                                                                                  standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(2)(ii).........  [Reserved]...........
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(2)(iii)........  Using Previous Tests   Criteria for when previous opacity/VE      Yes. However,
                                to Demonstrate         testing can be used to show compliance     there are no
                                Compliance with        with this rule.                            opacity
                                Opacity/VE Standards.                                             standards.
----------------------------------------------------------------------------------------------------------------

[[Page 49449]]

 
Sec.  63.6(h)(3).............  [Reserved]...........
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(4).............  Notification of        Must notify Administrator of anticipated   Yes. However,
                                Opacity/VE             date of observation.                       there are no
                                Observation Date.                                                 opacity
                                                                                                  standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(5)(i), (iii)-    Conducting Opacity/VE  Dates and Schedule for conducting opacity/ Yes. However,
 (v).                           Observations.          VE observations.                           there are no
                                                                                                  opacity
                                                                                                  standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(5)(ii).........  Opacity Test Duration  Must have at least 3 hours of observation  No.
                                and Averaging Times.   with thirty, 6-minute averages.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(6).............  Records of Conditions  Must keep records available and allow      Yes. However,
                                During Opacity/VE      Administrator to inspect.                  there are no
                                observations.                                                     opacity
                                                                                                  standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(7)(i)..........  Report COMS            Must submit COMS data with other           No.
                                Monitoring Data from   performance test data.
                                Performance Test.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(7)(ii).........  Using COMS instead of  Can submit COMS data instead of Method 9   No.
                                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     To determine compliance, must reduce COMS  No.
                                COMS during            data to 6-minute averages.
                                performance test.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(7)(iv).........  COMS requirements....  Owner/operator must demonstrate that COMS  No.
                                                       performance evaluations are conducted
                                                       according to Secs.  63.8(e), COMS are
                                                       properly maintained and operated
                                                       according to 63.8(c) and data quality as
                                                       Sec.  63.8(d).
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(7)(v)..........  Determining            COMS is probative but not conclusive       Yes. However,
                                Compliance with        evidence of compliance with opacity        there are no
                                Opacity/VE Standards.  standard, even if Method 9 observation     opacity
                                                       shows otherwise. Requirements for COMS     standards.
                                                       to be probative evidence-proper
                                                       maintenance, meeting PS 1, and data have
                                                       not been altered.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(8).............  Determining            Administrator will use all COMS, Method    Yes. However,
                                Compliance with        9, and Method 22 results, as well as       there are no
                                Opacity/VE Standards.  information about operation and            opacity
                                                       maintenance to determine compliance.       standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(h)(9).............  Adjusted Opacity       Procedures for Administrator to adjust an  No.
                                Standard.              opacity standard.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(i)(1)-(14)........  Compliance Extension.  Procedures and criteria for Administrator  Yes.
                                                       to grant compliance extension.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(j)................  Presidential           President may exempt source category from  Yes.
                                Compliance Exemption.  requirement to comply with rule.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(a)(1)-(2).........  Performance Test       Dates for Conducting Initial Performance   Yes.
                                Dates.                 Testing and Other Compliance
                                                       Demonstrations. Must conduct 180 days
                                                       after first subject to rule.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(a)(3).............  Section 114 Authority  Administrator may require a performance    Yes.
                                                       test under CAA Section 114 at any time.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(b)(1).............  Notification of        Must notify Administrator 60 days before   Yes.
                                Performance Test.      the test.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(b)(2).............  Notification of        If rescheduling a performance test is      Yes.
                                Rescheduling.          necessary, must notify Administrator 5
                                                       days before scheduled date of
                                                       rescheduled date.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(c)................  1. Quality Assurance/  a. Requirement to submit site-specific     Yes.
                                Test Plan.             test plan 60 days before the test or on
                                                       date Administrator agrees with:.
                                                      i. Test plan approval procedures.........  Yes.

[[Page 49450]]

 
                                                      ii. Performance audit requirements.......  Yes.
                                                      iii. Internal and External QA procedures   Yes.
                                                       for testing.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(d)................  Testing Facilities...  Requirements for testing facilities......  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(e)(1).............  Conditions for         Performance tests must be conducted under  Yes.
                                Conducting             representative conditions. Cannot
                                Performance Tests.     conduct performance tests during SSM.
                                                       Not a violation to exceed standard
                                                       during SSM.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(e)(2).............  Conditions for         Must conduct according to rule and EPA     Yes.
                                Conducting             test methods unless Administrator
                                Performance Tests.     approves alternative.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(e)(3).............  1. Test Run Duration.  a. Must have three test runs of at least   Yes.
                                                       one hour each.
                                                      b. Complaince is based on arithmetic mean  Yes.
                                                       of three runs.
                                                      c. Conditions when data from an            Yes.
                                                       additional test run can be used.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(f)................  Alternative Test       Procedures by which Administrator can      Yes.
                                Method.                grant approval to use an alternative
                                                       test method.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(g)................  1. Performance Test    a. Must include raw data in performance    Yes.
                                Data Analysis.         test report.
                                                      b. Must submit performance test data 60    Yes.
                                                       days after end of test with the
                                                       Notification of Compliance Status.
                                                      c. Keep data for 5 years.................  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(h)................  Waiver of Tests......  Procedures for Administrator to waive      Yes.
                                                       performance test.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(a)(1).............  Applicability of       Subject to all monitoring requirements in  Yes.
                                Monitoring             standard.
                                Requirements.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(a)(2).............  Performance            Performance Specifications in appendix B   Yes.
                                Specifications.        of part 60 apply.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(a)(3).............  [Reserved]...........
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(a)(4).............  Monitoring with        Unless your rule says otherwise, the       Yes.
                                Flares.                requirements for flares in 63.11 apply.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(b)(1).............  Monitoring...........  Must conduct monitoring according to       Yes.
                                                       standard unless Administrator approves
                                                       alternative.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(b)(2)-(3).........  1. Multiple Effluents  a. Specific requirements for installing    Yes.
                                and Multiple           monitoring systems.
                                Monitoring Systems.
                                                      b. Must install on each effluent before    Yes.
                                                       it is combined and before it is released
                                                       to the atmosphere unless Administrator
                                                       approves otherwise.
                                                      c. If more than one monitoring system on   Yes.
                                                       an emissions point, must report all
                                                       monitoring system results, unless one
                                                       monitoring system is a backup.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(1).............  Monitoring System      Maintain monitoring system in a manner     Yes.
                                Operation and          consistent with good air pollution
                                Maintenance.           control practices.
Sec.  63.8(c)(1)(i)..........  Routine and            Follow the SSM plan for routine repairs.   Yes.
                                Predictable SSM.       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 SSMP......  Reporting requirements for SSM when        Yes.
                                                       action is not described in SSM plan.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(1)(iii)........  1. Compliance with     a. How Administrator determines if source  Yes.
                                Operation and          complying with operation and maintenance
                                Maintenance            requirements.
                                Requirements.
                                                      b. Review of source O&M procedures,        Yes.
                                                       records, Manufacturer's instructions,
                                                       recommendations, and inspection of
                                                       monitoring system.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(2)-(3).........  1. Monitoring System   a. Must install to get representative      Yes.
                                Installation.          emissions and parameter measurements.
                                                      b. Must verify operational status before   Yes.
                                                       or at performance test.
----------------------------------------------------------------------------------------------------------------

[[Page 49451]]

 
Sec.  63.8(c)(4).............  Continuous Monitoring  CMS must be operating except during        No.
                                System (CMS)           breakdown, out-of-control, repair,
                                Requirements.          maintenance, and high-level calibration
                                                       drifts.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(4)(i)-(ii).....  Continuous Monitoring  COMS must have a minimum of one cycle of   Yes. However,
                                System (CMS)           sampling and analysis for each             COMS are not
                                Requirements.          successive 10-second period and one        applicable.
                                                       cycle of data recording for each           Requirements
                                                       successive 6-minute period. CEMS must      for CPMS are
                                                       have a minimum of one cycle of operation   listed Secs.
                                                       for each successive 15-minute period.      63.7900 and
                                                                                                  63.7913.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(5).............  COMS Minimum           COMS minimum procedures..................  No.
                                Procedures.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(6).............  CMS Requirements.....  Zero and High level calibration check      Yes. However
                                                       requirements.                              requirements
                                                                                                  for CPMS are
                                                                                                  addressed in
                                                                                                  Secs.  63.7900
                                                                                                  and 63.7913.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(7)-(8).........  CMS Requirements.....  Out-of-control periods, including          Yes.
                                                       reporting.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(d)................  CMS Quality Control..  Requirements for CMS quality control,      Yes.
                                                       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        Notification, performance evaluation test  Yes.
                                Evaluation.            plan, reports.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(f)(1)-(5).........  Alternative            Procedures for Administrator to approve    Yes.
                                Monitoring Method.     alternative monitoring.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(f)(6).............  Alternative to         Procedures for Administrator to approve    No.
                                Relative Accuracy      alternative relative accuracy tests for
                                Test.                  CEMS.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(g)(1)-(4).........  Data Reduction.......  COMS 60-minute averages Calculated over    Yes. However,
                                                       at least 36 evenly spaced data points.     COMS are not
                                                       CEMS 1-hour averages computed over at      applicable.
                                                       least 4 equally spaced data points.        Requirements
                                                                                                  for CPMS are
                                                                                                  addressed in
                                                                                                  Secs.  63.7900
                                                                                                  and 63.7913.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(g)(5).............  Data Reduction.......  Data that can't be used in computing       No.
                                                       averages for CEMS and COMS.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(a)................  Notification           Applicability and State Delegation.......  Yes.
                                Requirements.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(b)(1)-(5).........  1. Initial             a. Submit notification 120 days after      Yes.
                                Notifications.         effective date..
                                                      b. Notification of intent to construct/    Yes.
                                                       reconstruct; Notification of
                                                       commencement of construct/reconstruct;
                                                       Notification of startup.
                                                      c. Contents of each......................  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(c)................  Request for            Can request if cannot comply by date or    Yes.
                                Compliance Extension.  if installed BACT/LAER.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(d)................  Notification of        For sources that commence construction     Yes.
                                Special Compliance     between proposal and promulgation and
                                Requirements for New   want to comply 3 years after effective
                                Source.                date.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(e)................  Notification of        Notify Administrator 60 days prior.......  Yes.
                                Performance Test.
----------------------------------------------------------------------------------------------------------------

[[Page 49452]]

 
Sec.  63.9(f)................  Notification of VE/    Notify Administrator 30 days prior.......  No.
                                Opacity Test.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(g)................  Additional             Notification of performance evaluation;    Yes. However,
                                Notifications When     notification using COMS data;              there are no
                                Using CMS.             notification that exceeded criterion for   opacity
                                                       relative accuracy.                         standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(h)(1)-(6).........  Notification of        Contents; Due 60 days after end of         Yes.
                                Compliance Status.     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          Procedures for Administrator to approve    Yes.
                                Submittal Deadlines.   change in when notifications must be
                                                       submitted.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(j)................  Change in Previous     Must submit within 15 days after the       Yes.
                                Information.           change.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(a)...............  1. Recordkeeping/      a. Applies to all, unless compliance       Yes.
                                Reporting.             extension.
                                                      b. When to submit to Federal vs. State     Yes.
                                                       authority.
                                                      c. Procedures for owners of more than 1    Yes.
                                                       source.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(1)............  1. Recordkeeping/      a. General Requirements..................  Yes..
                                Reporting.
                                                      b. Keep all records readily available....  Yes.
                                                      c. Keep for 5 years......................  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(i)-(iv)....  1. Records related to  a. Occurrence of each of operation         Yes.
                                Startup, Shutdown,     (process equipment).
                                and Malfunction.
                                                      b. Occurrence of each malfunction of air   Yes.
                                                       pollution equipment.
                                                      c. Maintenance on air pollution control    Yes.
                                                       equipment.
                                                      d. Actions during startup, shutdown, and   Yes.
                                                       malfunction.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(vi) and (x)- 1. CMS Records.......  a. Malfunctions, inoperative, out-of-      Yes.
 (xi).                                                 control.
                                                      b. Calibration checks....................  Yes.
                                                      c. Adjustments, maintenance..............  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(vii)-(ix)..  1. Records...........  a. Measurements to demonstrate compliance  Yes.
                                                       with emissions limitations.
                                                      b. Performance test, performance           Yes.
                                                       evaluation, and visible emissions
                                                       observation results.
                                                      c. Measurements to determine conditions    Yes.
                                                       of performance tests and performance
                                                       evaluations.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(xii).......  Records..............  Records when under waiver................  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(xiii)......  Records..............  Records when using alternative to          No.
                                                       relative accuracy test.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(xiv).......  Records..............  All documentation supporting Initial       Yes.
                                                       Notification and Notification of
                                                       Compliance Status.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(3)............  Records..............  Applicability Determinations.............  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(c)...............  Records..............  Additional Records for CMS...............  No.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(d)(1)............  General Reporting      Requirement to report....................  Yes.
                                Requirements.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(d)(2)............  Report of Performance  When to submit to Federal or State         Yes.
                                Test Results.          authority.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(d)(3)............  Reporting Opacity or   What to report and when..................  No.
                                VE Observations.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(d)(4)............  Progress Reports.....  Must submit progress reports on schedule   Yes.
                                                       if under compliance extension.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(d)(5)............  Startup, Shutdown,     Contents and submission..................  Yes.
                                and Malfunction
                                Reports.
----------------------------------------------------------------------------------------------------------------

[[Page 49453]]

 
Sec.  63.10(e)(1)-(2)........  Additional CMS         Must report results for each CEM on a      Yes. However,
                                Reports.               unit; written copy of performance          COMS are not
                                                       evaluation; 3 copies of COMS performance   applicable.
                                                       evaluation.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(e)(3)............  Reports..............  Excess Emissions Reports.................  No.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(e)(3)(i)-(iii)...  Reports..............  Schedule for reporting excess emissions    No.
                                                       and parameter monitor exceedance (now
                                                       defined as deviations).
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(e)(3)(iv)-(v)....  1. Excess Emissions    a. Requirement to revert to quarterly      No.
                                Reports.               submission if there is an excess
                                                       emissions and parameter monitor
                                                       exceedance (now defined as deviations)..
                                                      b. Provision to request semiannual         No.
                                                       reporting after compliance for one year.
                                                      c. Submit report by 30th day following     No.
                                                       end of quarter or calendar half.
                                                      d. If there has not been an exceedance or  No.
                                                       excess emissions (now defined as
                                                       deviations), report contents is a
                                                       statement that there have been no
                                                       deviations.
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Sec.  63.10(e)(3)(iv)-(v)....  Excess Emissions       Must submit report containing all of the   No.
                                Reports.               information in Sec.  63.10(c)(5-13),
                                                       Sec.  63.8(c)(7-8).
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Sec.  63.10(e)(3)(vi)-(viii).  Excess Emissions       Requirements for reporting excess          No.
                                Report and Summary     emissions for CMSs (now called
                                Report.                deviations). Requires all of the
                                                       information in Sec.  63.10(c)(5-13),
                                                       Sec.  63.8(c)(7-8).
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Sec.  63.10(e)(4)............  Reporting COMS data..  Must submit COMS data with performance     No.
                                                       test data.
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Sec.  63.10(f)...............  Waiver for             Procedures for Administrator to waive....  Yes.
                                Recordkeeping/
                                Reporting.
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Sec.  63.11..................  Flares...............  Requirements for flares..................  Yes.
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Sec.  63.12..................  Delegation...........  State authority to enforce standards.....  Yes.
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Sec.  63.13..................  Addresses............  Addresses where reports, notifications,    Yes.
                                                       and requests are sent.
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Sec.  63.14..................  Incorporation by       Test methods incorporated by reference...  Yes.
                                Reference.
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Sec.  63.15..................  Availability of        Public and confidential information......  Yes.
                                Information.
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[FR Doc. 02-17360 Filed 7-29-02; 8:45 am]
BILLING CODE 6560-50-P