[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Rules and Regulations]
[Pages 24562-24593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R3-5624]



[[Page 24561]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Asphalt 
Processing and Asphalt Roofing Manufacturing; Final Rule; Republication

  Federal Register / Vol. 68, No. 88 / Wednesday, May 7, 2003 / Rules 
and Regulations  

[[Page 24562]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0035; FRL-7461-8]
RIN 2060-AG66


National Emission Standards for Hazardous Air Pollutants: Asphalt 
Processing and Asphalt Roofing Manufacturing

    Editorial Note: Due to numerous errors this document is being 
reprinted in its entirety. It was originally printed in the Federal 
Register on Tuesday, April 29, 2003 at 68 FR 22975-23007.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for existing and new asphalt 
processing and asphalt roofing manufacturing facilities. The EPA has 
identified asphalt processing and asphalt roofing manufacturing 
facilities as major sources of hazardous air pollutants (HAP) such as 
formaldehyde, hexane, hydrogen chloride (HCl), phenol, polycyclic 
organic matter (POM), and toluene. The final standards will implement 
section 112(d) of the Clean Air Act (CAA) by requiring all major 
sources to meet HAP emission standards reflecting the application of 
the maximum achievable control technology (MACT). The total HAP 
reduction resulting from compliance with the rule is expected to be 86 
megagrams per year (Mg/yr).
    A variety of HAP are emitted from asphalt processing and asphalt 
roofing manufacturing source categories. The following HAP account for 
the majority (approximately 98 percent, based on the emission factors 
developed for the final rule) of the total HAP emissions: Formaldehyde, 
hexane, HCl (at asphalt processing facilities that use chlorinated 
catalysts), phenol, and toluene. The remaining two percent of the total 
HAP emissions is a combination of several different organic HAP, each 
contributing less than 0.5 percent to the total HAP emissions.

EFFECTIVE DATE: April 29, 2003.

ADDRESSES: The official public docket is the collection of materials 
that is available for public viewing at the Office of Air and Radiation 
Docket and Information Center (Air Docket) in the EPA Docket Center, 
(EPA/DC) EPA West, Room B102, 1301 Constitution Avenue, NW., 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: For information concerning 
applicability and rule determinations, contact your State or local 
representative or appropriate EPA Regional Office representative. For 
information concerning rule development, contact Rick Colyer, Minerals 
and Inorganic Chemicals Group, Emission Standards Division (C504-05), 
U.S. EPA, Research Triangle Park, North Carolina 27711, telephone 
number (919) 541-5262, electronic mail address, [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action:

                                   Table 1.--Regulated Categories and Entities
----------------------------------------------------------------------------------------------------------------
                                              NAICS a                                  SIC b
            Category            --------------------------------------------------------------------------------
                                   Code         Description          Code                Description
----------------------------------------------------------------------------------------------------------------
Manufacturing..................   324122  Asphalt shingle and         2952  Asphalt felts and coating.
                                           coating materials
                                           manufacturing.
Manufacturing..................    32411  Petroleum refineries...     2911  Petroleum refining.
Federal Government.............            Not affected
                                           Not affected
State/Local/Tribal Government..             Not affected
                                          Not affected.
----------------------------------------------------------------------------------------------------------------
\a\ Standard Industrial Classification Code.
\b\ North American Information Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in Sec. Sec.  63.8681 and 
63.8682 of the final rule. If you have any questions regarding the 
applicability of this action to a particular entity, contact the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Docket. The EPA has established an official public docket for this 
action under Docket ID No. OAR-2002-0035. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Office of Air and Radiation Docket and Information Center (Air 
Docket) in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is (202) 566-1744, and the telephone number for the Air Docket is 
(202) 566-1742. A reasonable fee may be charged for copying docket 
materials.
    Electronic Docket Access. You may access the final rule 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility in the above paragraph 
entitled ``Docket.'' Once in the system, select ``search,'' then key in 
the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. The EPA's policy is that copyrighted

[[Page 24563]]

material will not be placed in EPA's electronic public docket but will 
be available only in printed, paper form in the official public docket. 
To the extent feasible, publicly available docket materials will be 
made available in EPA's electronic public docket. When a document is 
selected from the index list in EPA Dockets, the system will identify 
whether the document is available for viewing in EPA's electronic 
public docket. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility previously identified.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule is also available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the final 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.
    Judicial Review. The NESHAP for asphalt processing and asphalt 
roofing manufacturing was proposed on November 21, 2001 (66 FR 58610). 
Under section 307(b)(1) of the CAA, judicial review of the NESHAP is 
available by filing a petition for review in the U.S. Court of Appeals 
for the District of Columbia Circuit by June 30, 2003. Only those 
objections to the rule that were raised with reasonable specificity 
during the period for public comment may be raised during judicial 
review. Under section 307(b)(2) of the CAA, the requirements that are 
the subject of today's final rule may not be challenged later in civil 
or criminal proceedings brought by EPA to enforce these requirements.
    Background Information Document. The EPA proposed the NESHAP for 
asphalt processing and asphalt roofing manufacturing on November 21, 
2001 (66 FR 58610) and received 21 comment letters on the proposal. In 
response to the public comments, EPA adjusted the final NESHAP where 
appropriate. A background information document (BID) (``National 
Emission Standards for Hazardous Air Pollutants, Asphalt Processing and 
Asphalt Roofing Manufacturing, Summary of Public Comments and 
Responses,'' February 2003, EPA-453/R-03-005) containing EPA's 
responses to each public comment is available in Docket No. OAR-2002-
0035.
    Outline. The information presented in the preamble is organized as 
follows:

I. Background
    A. What is the statutory authority for the final NESHAP?
    B. What criteria were used in the development of NESHAP?
    C. What operations constitute asphalt processing and asphalt 
roofing manufacture?
    D. What are the HAP emissions and HAP emission sources?
    E. What are the health effects associated with the HAP emitted 
from the asphalt processing and asphalt roofing manufacturing source 
categories?
    F. What was the basis for the proposed standards?
II. Summary of the Final Standards
    A. Does the final NESHAP apply to me?
    B. What are the affected sources?
    C. What pollutants are regulated by the final NESHAP?
    D. What emission limits must I meet?
    E. When must I comply?
    F. What are the testing and initial compliance requirements?
    G. What are the continuous compliance provisions?
    H. What are the notification, recordkeeping and reporting 
requirements?
III. What are the responses to the significant comments?
    A. Rule Applicability
    B. Asphalt Storage Tank and Loading Rack Vapor Pressure Control 
Cutoff
    C. Level of the Standards
    D. Compliance Options
    E. Performance Tests
    F. Monitoring Requirements
    G. Overlap with Other Rules
IV. Summary of Environmental, Energy and Economic Impacts
    A. What are the air quality impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental and energy 
impacts?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866, Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. Background

A. What Is the Statutory Authority for the Final NESHAP?

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and area sources of HAP emissions and to 
establish NESHAP for the listed source categories and subcategories. A 
major source of HAP is any stationary source or group of stationary 
sources within a contiguous area under common control that emits or has 
the potential to emit, considering controls, in the aggregate, 9.1 Mg/
yr (10 tons per year (tpy)) or more of any single HAP or 22.7 Mg/yr (25 
tpy) or more of any combination of HAP. Based on the emissions data 
collected for this rulemaking, asphalt processing and asphalt roofing 
manufacturing facilities have the potential to be major sources of HAP.
    The EPA listed asphalt processing and asphalt roofing manufacturing 
categories of major sources as separate source categories on July 16, 
1992 (57 FR 31576). However, because these processes are closely 
related and are often collocated, we are regulating emissions from both 
source categories under a single NESHAP.

B. What Criteria Were Used in the Development of NESHAP?

    Section 112(c)(2) of the CAA requires that we establish NESHAP for 
control of HAP from both existing and new major sources, based upon the 
criteria set out in section 112(d). The CAA requires the NESHAP to 
reflect the maximum degree of reduction in emissions of HAP that is 
achievable, taking into consideration the cost of achieving the 
emission reduction, any non-air quality health and environmental 
impacts, and energy requirements. This level of control is commonly 
referred to as the MACT.
    The minimum control level allowed for NESHAP (the minimum level of 
stringency for MACT) is the so-called ``MACT floor,'' as defined under 
section 112(d)(3) of the CAA. The MACT floor for existing sources is 
the emission limitation achieved by the average of the best-performing 
12 percent of existing sources for categories and subcategories with 30 
or more sources, or the average of the best-performing five sources for 
categories or subcategories with fewer than 30 sources. For new 
sources, the MACT floor cannot be less stringent than the emission 
control achieved in practice by the best-controlled similar source.
    In developing the final NESHAP, we considered control options that 
are more stringent than the MACT floor (so-called beyond-the-floor 
control options), taking into consideration the cost of achieving the 
emission reductions, and any non-air quality health and environmental 
impacts, and energy requirements.
    In the final rule, the EPA is promulgating standards for both 
existing

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and new sources consistent with these statutory requirements.

C. What Operations Constitute Asphalt Processing and Asphalt Roofing 
Manufacture?

    The final rule regulates both asphalt processing and asphalt 
roofing manufacturing operations. Asphalt processing and asphalt 
roofing manufacturing operations can be stand-alone or integrated with 
each other, or with related operations such as wet-formed fiberglass 
mat manufacturing. In addition, asphalt is processed at some petroleum 
refineries.
    Processed asphalt is produced using asphalt flux as the raw 
material. Asphalt flux is a product that is obtained in the last stages 
of fractional distillation of crude oil. Asphalt is processed to change 
its physical properties for use in various end products (e.g., paving 
applications, roofing products). In asphalt processing, heated asphalt 
flux is taken from storage and charged to a heated blowing still where 
air is bubbled up through the flux. This process raises the softening 
temperature of the asphalt. The blowing process also decreases the 
penetration rate of the asphalt when applied to the roofing substrate. 
Some processing operations use a catalyst (e.g., ferric chloride, 
phosphoric acid) in the blowing still to promote the oxidation of 
asphalt. The need to use catalyst is primarily driven by the type of 
feedstock used. Certain low-quality feedstocks (which are used, 
however, by necessity because substitute feedstocks are not available, 
see 66 FR 58619) require catalyst to be used to attain desired product 
specifications.
    In asphalt roofing manufacturing, processed or modified asphalt 
(also called modified bitumen) is applied to a fibrous substrate 
(typically made of fiberglass or organic felt) to produce the following 
types of roofing products: Shingles, laminated shingles, smooth-
surfaced roll roofing, mineral-surfaced roll roofing, and saturated 
felt roll roofing. Modified asphalt is asphalt that is mixed with 
polymer modifiers (which add strength and durability to the asphalt) 
and is typically used to produce roll roofing products. A roofing 
manufacturing line is a largely continuous operation, with line 
stoppages occurring primarily due to breaks in the substrate.
    In asphalt roofing manufacturing, asphalt is typically mixed with 
filler materials before application to the substrate. If a fiberglass 
substrate is used, coating asphalt is applied by a coater. If an 
organic substrate is used, a saturator and wet looper are typically 
used prior to the coater to provide additional time for the asphalt to 
impregnate the substrate. The type of final product being manufactured 
determines the process steps that follow the coating or impregnation 
steps.
    For shingles and mineral-surfaced roll roofing, granules are 
applied to the hot surface of the coated substrate. This step is 
omitted in manufacture of smooth-surfaced and saturated felt roll 
roofing. In shingle manufacturing, a strip of sealant (typically 
oxidized or modified asphalt) is applied to the back of the product 
after it has cooled. This sealant strip, which is heated by the sun 
after the roofing product is installed, provides some adhesion and 
sealing between layers of roofing product. In shingle manufacture, the 
coated substrate is cut into the desired size. Multiple single-ply 
shingles can be glued together (typically using oxidized or modified 
asphalt as an adhesive) to produce laminated or dimensional shingles. 
When asphalt roofing manufacturing lines are collocated with asphalt 
processing operations, the two operations typically share storage and 
process tanks.

D. What Are the HAP Emissions and HAP Emission Sources?

    Asphalt is essentially the material that remains after fractional 
distillation of crude oil, with petroleum coke being the only other 
fraction available for recovery. Consequently, asphalt consists 
primarily of heavy organic compounds with low boiling points. Hazardous 
air pollutants are volatilized from asphalt as it is heated and 
agitated during processing and roofing manufacturing operations. 
Hazardous air pollutants are also volatilized during asphalt processing 
as a result of the oxidation reactions that occur in the blowing still.
    Because the HAP volatilized from asphalt generally have low boiling 
points, they can be present in both condensed particulate matter (PM) 
and gaseous forms, depending on the temperature of the vent or exhaust 
gas. When the temperature of the vent gas is below the boiling point of 
a HAP, the HAP will condense into particulate form (i.e., a cooler vent 
gas will have more HAP in the form of condensed PM, whereas a hotter 
vent stream will contain mostly gaseous HAP).
    The following types of equipment are sources of PM HAP and gaseous 
HAP emissions: Asphalt storage and process tanks, asphalt blowing 
stills, asphalt loading racks, saturators, wet loopers, coating mixers, 
coaters, sealant applicators, and adhesive applicators. The majority of 
uncontrolled HAP emissions from an asphalt processing and asphalt 
roofing manufacturing facility (approximately 50 percent, based on the 
emission factors developed for this rulemaking) are contributed by the 
blowing stills, followed by the process equipment used to apply asphalt 
to the roofing substrate (e.g., coating mixers, saturators, wet 
loopers, and coaters). Asphalt processing operations can also be 
sources of HCl, if a chlorinated catalyst is introduced into the 
blowing still during processing. Since most blowing still emissions are 
controlled by a combustion device, chlorine compounds present in the 
blowing still exhaust are oxidized and emitted as HCl from the blowing 
still combustion device outlet.

E. What Are the Health Effects Associated With the HAP Emitted From the 
Asphalt Processing and Asphalt Roofing Manufacturing Source Categories?

    A variety of HAP are emitted from asphalt processing and asphalt 
roofing manufacturing source categories. The following HAP account for 
the majority (approximately 98 percent, based on the emission factors 
developed for this rulemaking) of the total HAP emissions: 
Formaldehyde, hexane, HCl (at asphalt processing facilities that use 
chlorinated catalysts), phenol, and toluene. The remaining two percent 
of the total HAP emissions is a combination of several different 
organic HAP, each contributing less than 0.5 percent to the total HAP 
emissions.
    The HAP emitted from these source categories (controlled under the 
final rule) are associated with a variety of adverse health effects. 
These adverse health effects include both chronic health disorders 
(e.g., irritation of the lung, skin, and mucous membranes, effects on 
the central nervous system, and damage to the blood and liver) and 
acute health disorders (e.g., respiratory irritation and central 
nervous system effects such as drowsiness, headache, and nausea). The 
EPA has classified two of the HAP (formaldehyde and POM) as probable 
human carcinogens.
    The EPA does not have the type of current detailed data on each of 
the facilities and the people living around the facilities covered by 
today's rule for this source category that would be necessary to 
conduct an analysis to determine the actual population exposures to the 
HAP emitted from these facilities and the potential for resultant 
health effects. Therefore, EPA does not know the extent to which the 
adverse health effects described above occur in the populations 
surrounding these facilities. However, to the extent the adverse 
effects do occur, and this

[[Page 24565]]

rule reduces emissions, subsequent exposures would be reduced.

F. What Was the Basis for the Proposed Standards?

    The EPA proposed standards for the HAP-emitting equipment at the 
two affected sources: Each asphalt processing facility (blowing stills, 
asphalt flux storage tanks, oxidized asphalt storage tanks, and asphalt 
loading racks) and each asphalt roofing manufacturing line (saturator, 
a wet looper, a coater, coating mixers, sealant applicators, adhesive 
applicators, and associated storage tanks).
    The EPA determined the MACT floors for existing and new sources for 
each type of process equipment used in asphalt processing facilities 
and in asphalt roofing manufacturing lines. For each equipment type, 
the equipment pieces were ranked in order of level of control. 
Combustion devices were ranked over PM control devices because 
combustion devices reduce both gaseous HAP and condensed HAP.
    At proposal, a combustion device operating at or above 1200 [deg]F 
was the basis for the MACT floor for blowing stills, asphalt storage 
tanks with a capacity of 1.93 megagrams or greater, and loading racks 
at existing, new, and reconstructed affected sources. Blowing stills 
that use a chlorinated catalyst produce a vent stream that contains 
chlorinated organic compounds. When this vent stream is sent to a 
combustion device, the chlorinated organic compounds are oxidized to 
HCl which is a HAP. Because requiring facilities to use non-chlorinated 
catalysts is not feasible due to the need to produce oxidized asphalt 
of a given quality (see generally 66 FR 58618), and because no 
facilities control HCl emissions, the proposed MACT floor for HCl 
emissions from blowing stills using catalyst was based on no control of 
those emissions.
    With the exception of asphalt storage tanks, the MACT floor for 
equipment at existing asphalt roofing manufacturing lines (coaters, 
saturators, wet loopers, coating mixers and sealant and adhesive 
applicators) was based on a PM control device complying with the new 
source performance standards (NSPS) for asphalt processing and roofing 
manufacture (asphalt NSPS) (40 CFR part 60, subpart UU) PM emission 
limits. The floor for saturators, coaters, and coating mixers at new 
and reconstructed affected sources was based on a combustion device 
operating at or above 1200 [deg]F. For wet loopers at existing, new, 
and reconstructed affected sources, the MACT floor was based on a PM 
control device that achieves the asphalt NSPS PM emission limits. For 
storage tanks with capacity of 1.93 megagrams or greater at existing, 
new, and reconstructed asphalt roofing manufacturing lines, the MACT 
floor was based on a combustion device operating at or above 1200 
[deg]F.
    The EPA evaluated potential options for achieving emission 
reductions more stringent than the floor (beyond-the-floor options) for 
three groups of equipment: (1) Saturators, wet loopers, coaters, 
coating mixers, and sealant and adhesive applicators at existing 
sources; (2) blowing stills that use a chlorinated catalyst at 
existing, new, and reconstructed sources; and (3) wet loopers at new 
and reconstructed sources. For all other equipment (blowing stills, 
loading racks, and storage tanks at existing, new, and reconstructed 
sources; and for saturators, coaters, coating mixers, and sealant and 
adhesive applicators at new and reconstructed sources), there are no 
known technologies in use at asphalt processing or roofing 
manufacturing facilities or similar sources that would be capable of 
achieving a greater emission reduction than a combustion device 
operating with a minimum operating temperature of 1200 [deg]F. Thus, 
EPA did not consider beyond-the-floor options for these types of 
equipment.
    For saturators, wet loopers, coating mixers, coaters, and sealant 
and adhesive applicators at existing affected sources, the level of 
control achieved by a combustion device with a minimum operating 
temperature of 1200 [deg]F was identified as the only beyond-the-floor 
option. However, due to the cost per megagram of HAP reduction 
($616,000) and the increase in criteria pollutant emissions, requiring 
the level of control achieved by a combustion device for saturators, 
wet loopers, coaters, coating mixers, and sealant and adhesive 
applicators at existing sources was not a justifiable option.
    For blowing stills that use chlorinated catalysts, emissions of HCl 
can be reduced by a gas scrubber using caustic scrubbing media. 
However, since gas scrubbing has not been demonstrated as an effective 
technology for controlling HCl emissions from asphalt processing and 
due to the potentially high cost per megagram of HCl reduced ($23,900), 
the additional cost of going beyond-the-floor was not warranted. Nor is 
process substitution a viable option for controlling HCl emissions, as 
noted above. Therefore, the MACT for HCl emissions from blowing stills 
using catalyst was based on no emission reduction. For wet loopers, EPA 
considered the level of control of a combustion device operating at a 
minimum of 1200 [deg]F as a beyond-the-floor option. Because 
controlling wet loopers at new affected sources was expected to add 
minimal if any cost to the total control cost, the MACT for wet loopers 
at new or reconstructed affected sources was based on a combustion 
device operating at a minimum of 1200 [deg]F. See generally 66 FR 
58618-621 and the memorandum ``Documentation of Existing and New Source 
Maximum Achievable Control Technology (MACT) Floors for the National 
Emission Standard for Hazardous Air Pollutants (NESHAP) for Asphalt 
Processing and Asphalt Roofing Manufacturing'' (Docket No. OAR-2002-
0035).
    With the exception of standards for certain tanks and loading 
racks, EPA is adopting all of these standards (and analysis) in the 
final rule.

II. Summary of the Final Standards

A. Does the Final NESHAP Apply to Me?

    The final rule applies to you if you process asphalt (at stand-
alone facilities or collocated with asphalt roofing manufacturing 
facilities or petroleum refineries) or manufacture asphalt roofing 
products at a facility that is a major source of HAP emissions. Major 
sources of HAP are those that emit or have the potential to emit at 
least 10 tpy of any one HAP or 25 tpy of any combination of HAP. All 
HAP emission sources at a facility, not just those related to asphalt 
processing or roofing manufacture, must be considered in determining 
major source status. Put another way, the final rule may apply to you 
even if the HAP emissions from your asphalt roofing products 
manufacturing and asphalt processing operations do not themselves 
exceed the major source threshold levels given above. If your facility 
is determined to be an area source (i.e., not a major source), you 
would not be subject to the final rule.
    For the storage tanks at asphalt processing and asphalt roofing 
manufacturing facilities regulated by the final NESHAP, the potential 
exists for these tanks to already be subject to an existing emission 
standard: The petroleum refinery NESHAP (40 CFR part 63, subpart CC), 
or standards of performance for volatile organic liquid storage vessels 
(40 CFR part 60, subparts K, Ka, and Kb). Storage tanks that are 
subject to those standards are not subject to the requirements of the 
asphalt rule since the control requirements specified by those 
standards for fixed roof storage tanks (used in the asphalt processing 
and asphalt roofing manufacturing industry) are as stringent as the 
standards

[[Page 24566]]

specified in the asphalt rule, and so regulation of these tanks under 
the asphalt rule would be duplicative, imposing costs without any 
environmental benefit.
    The EPA also recognizes that asphalt storage tanks, blowing stills, 
saturators, wet loopers, and coaters at asphalt processing and asphalt 
roofing manufacturing facilities could be subject to both the final 
NESHAP and the asphalt NSPS. In cases where the requirements of the 
rules overlap, the final rule specifies that facilities are required to 
comply only with the asphalt NESHAP. However, any storage tank with a 
capacity less than 1.93 megagrams that is subject to the asphalt NSPS 
but not regulated under the asphalt NESHAP must comply with the asphalt 
NSPS.
    Another instance where we are excluding equipment involved in 
asphalt roofing manufacturing from the final rule, due to regulatory 
overlap involves, wet-formed fiberglass mat production. Although wet-
formed fiberglass mat is produced at both stand-alone facilities and 
those collocated with asphalt processing and roofing facilities, HAP 
emissions from wet-formed fiberglass mat manufacturing processes are 
regulated by another NESHAP (40 CFR part 63, subpart HHHH).
    The final rule does not regulate asphalt processing and asphalt 
roofing manufacturing equipment that is used solely for research and 
development activities.

B. What Are the Affected Sources?

    The two affected sources are defined as each asphalt processing 
facility and each asphalt roofing manufacturing line. An asphalt 
processing facility consists of one or more asphalt flux blowing 
stills, asphalt flux storage tanks storing asphalt flux intended for 
processing in the blowing stills, oxidized asphalt storage tanks, and 
oxidized asphalt loading racks. An asphalt roofing manufacturing line 
consists of a saturator (including wet looper) and/or a coater and 
their associated coating mixers, sealant applicators, adhesive 
applicators, and asphalt storage and process tanks.
    To reduce repetition in the final NESHAP, we have separated asphalt 
storage tanks into two groups. Group 1 asphalt storage tanks: Have a 
capacity of 177 cubic meters (47,000 gallons) of asphalt or greater and 
either store asphalt at a maximum temperature of 260 [deg]C (500 
[deg]F) or greater, or have a maximum true vapor pressure of 10.4 
kiloPascals (kPa) (1.5 pounds per square inch absolute, psia) or 
greater. Group 2 asphalt storage tanks are those tanks with a capacity 
of 1.93 Mg of asphalt or greater that are not Group 1 asphalt storage 
tanks.
    Asphalt storage tanks at asphalt processing and asphalt roofing 
manufacturing facilities that are collocated may be shared by the two 
operations. If the asphalt roofing manufacturing line is collocated 
with an asphalt processing facility, the storage tanks that receive 
asphalt directly from the on-site blowing stills are defined as part of 
the asphalt processing affected source.
    A facility that manufactures asphalt roofing may have more than one 
manufacturing line. At these facilities, asphalt storage tanks and 
sealant and adhesive applicators may be shared by roofing manufacturing 
lines. A shared storage tank is considered part of the asphalt roofing 
manufacturing line to which the tank supplies the greatest amount of 
asphalt on an annual basis. Similarly, a sealant or adhesive applicator 
that is shared by two or more asphalt roofing manufacturing lines is 
considered part of the line that provides the greatest throughput to 
the applicator on an annual basis. Recordkeeping provisions documenting 
these equipment allocations are found in Sec.  63.8694(d) of the final 
rule.
    This definition of affected source is also used to determine if new 
source standards apply when subject equipment is ``constructed'' or 
``reconstructed,'' as defined in the NESHAP General Provisions (40 CFR 
63.2). We defined the affected source as the asphalt processing 
facility or asphalt roofing manufacturing line, rather than on a narrow 
equipment-piece basis, because we believe that it is inappropriate for 
small changes (e.g., the addition of a sealant applicator to a 
manufacturing line) to trigger the new source emission limits for only 
part of the manufacturing line. For asphalt processing facilities, this 
is not a concern since the existing and new source standards are the 
same. However, the existing and new source standards are different for 
asphalt roofing manufacturing lines.
    For asphalt roofing manufacturing lines, the new source emission 
limits would be triggered only when an entire new line is added or when 
an existing line is reconstructed. This is appropriate because the 
manufacture of roofing products is a continuous process, with the 
equipment for the different process steps arranged in sequence. 
Consequently, an increase in production cannot be achieved simply by 
adding a single piece of process equipment (e.g., a coater). To 
increase production capacity, significant parts of the line would have 
to be modified or a new line would need to be constructed.

C. What Pollutants Are Regulated by the Final NESHAP?

    The final rule establishes emission limits for two pollutants, 
total hydrocarbons (THC) and PM, each of which serves as a surrogate 
for HAP emitted by the process equipment.
Total Hydrocarbons
    We are regulating total gaseous organic HAP emissions using THC as 
a surrogate. Total hydrocarbons are an appropriate surrogate for total 
HAP since organic HAP constitutes a significant portion of the THC, and 
because combustion controls are equally effective at reducing emissions 
of a wide range of organic compounds (including organic HAP emitted by 
asphalt processing and roofing manufacturing facilities and THC). Thus, 
reduction of organic HAP and THC from these sources is proportionate.
Particulate Matter
    Particulate matter emitted from blowing stills consists of 
condensed organic hydrocarbons. For organic HAP that is present in 
condensed PM form, we are using PM as a surrogate. Similar to the THC 
surrogate for gaseous HAP, PM is an appropriate surrogate because it 
includes the HAP that are emitted as condensed PM. Because the 
reductions achieved by PM control devices are not pollutant-specific 
(i.e., one type of PM is not preferentially reduced over another type 
of PM), controlling PM will result in a generally proportionate amount 
of condensed particulate organic HAP control.

D. What Emission Limits Must I Meet?

    You must meet the emission limits that are summarized in Table 1 to 
the final rule. The emission limits are expressed in appropriate 
formats for the various process equipment being regulated. Depending on 
the piece of process equipment, you may have the option of complying 
with any of several formats. These formats include a PM emission limit 
(expressed in terms of kilograms of PM per Mg product manufactured), a 
THC percent reduction standard, a THC outlet concentration, a THC 
destruction efficiency standard (only for combustion devices that do 
not use auxiliary fuel), or a combustion efficiency standard.
    The THC destruction efficiency and combustion efficiency standards 
are provided as an alternative to the THC percent reduction standard in 
the final rule because there are some emission

[[Page 24567]]

sources (e.g., blowing stills) for which testing of the control device 
inlet is impractical.
    Saturators (including wet loopers) and coaters at existing roofing 
manufacturing lines must meet PM emission limits based on the type of 
substrate used in manufacturing. At existing, reconstructed, and new 
asphalt roofing manufacturing lines, saturators (including wet loopers) 
and coaters must meet an opacity limit, and the emission capture system 
for these equipment must meet a visible emissions standard. The final 
rule also provides the option for Group 2 asphalt storage tanks, 
saturators (including wet loopers), and coaters at existing and new 
asphalt roofing manufacturing lines and coating mixers, sealant 
applicators, and adhesive applicators at existing asphalt roofing 
manufacturing lines to comply with either the THC or the combustion 
efficiency standards instead of the PM and opacity standards.

E. When Must I Comply?

    Existing sources must comply with the final rule no later than May 
1, 2006. The 3-year period is necessary to allow owners and operators 
sufficient time to design, purchase, and install emissions capture 
systems and air pollution control equipment. New or reconstructed 
sources must comply with the final rule at startup or April 29, 2003, 
whichever is later.
    If your asphalt processing facility or asphalt roofing 
manufacturing line is located at a facility that is an area source that 
increases its emissions or its potential to emit such that it becomes a 
major source of HAP after April 29, 2003, then any portion of the 
existing facility that is a new affected source or a reconstructed 
affected source must comply with all requirements of the final rule 
applicable to new sources upon startup after the facility becomes a 
major source or by April 29, 2003, whichever is later. All other parts 
of any facility to which the final rule applies must be in compliance 
with this subpart by 3 years after becoming a major source.

F. What Are the Testing and Initial Compliance Requirements?

    You must conduct a performance test to demonstrate initial 
compliance with the final rule emission limits unless you are using the 
results from an acceptable previously-conducted emission test to 
demonstrate compliance with the emission limitations in the final rule, 
or you are using a control device that the EPA has already determined 
achieves the required HAP destruction efficiency.
    If you choose to use the results from a previously-conducted 
emissions test, you must demonstrate to the Administrator's (or 
delegated authority) satisfaction that no changes have been made to the 
process since the time of the emissions test, the operating conditions 
and test methods used during testing conform to the requirements of the 
final rule, and the control device and process parameter values 
established during the previously-conducted emission test are used to 
demonstrate continuous compliance with the final rule.
    An initial performance test is not required for boilers or process 
heaters with a design heat input capacity of 44 megawatts (MW) or 
greater or where the emissions are introduced into the flame zone of 
the boiler or process heater. Performance testing is also not required 
for flares that meet the design and operating requirements of 40 CFR 
63.11(b). An initial performance test is not required for boilers and 
process heaters larger than 44 MW because they operate at high 
temperatures and residence times. When vent streams are introduced into 
the flame zone of these boilers and process heaters, over 98 percent 
reduction or an outlet concentration of 20 parts per million per volume 
(ppmv) is achieved. Therefore, a performance test is not necessary. We 
are not requiring performance testing of flares because percent 
reduction and outlet concentration cannot feasibly be measured at 
flares. The operating conditions in Sec.  63.11 assure that the flare 
will be operated properly and achieve the requisite degree of 
destruction of organic HAP.
    As specified in 40 CFR 63.7(e), performance tests must be conducted 
within the range of normal operating conditions. To ensure that 
compliance can be achieved over the entire range of operating 
conditions, the performance tests must be conducted under the operating 
conditions that reflect the highest rate of asphalt processing or 
roofing production reasonably expected to be achieved by the facility. 
For example, performance tests of roofing manufacturing line equipment 
must be conducted while operating under normal conditions and while 
manufacturing the roofing product that is expected to result in the 
greatest amount of HAP emissions.
    For each performance test, you must conduct a minimum of three 1-
hour test runs. Compliance is determined based on the average of the 
three test runs. To measure PM, you must use EPA test method 5A; for 
THC emissions, you must use EPA test method 25A.
    For the THC destruction efficiency and combustion efficiency 
standards, you must measure emissions of THC, carbon monoxide 
(CO2), and carbon dioxide (CO2) to demonstrate 
compliance. For the THC outlet concentration you must measure emissions 
of THC to demonstrate compliance. You must use EPA test method 10 to 
measure CO emissions and EPA test method 3A to measure CO2 
emissions. The EPA test methods are contained in appendix A of 40 CFR 
part 60. You must demonstrate compliance with the PM emission limit, 
THC percent reduction standard, THC outlet concentration standard, THC 
destruction efficiency standard, and the combustion efficiency standard 
using the instructions and equations in the performance test 
requirement section of the final rule.
    The final rule also contains opacity and visible emission standards 
for saturators (including wet loopers) and coaters and their emissions 
capture systems at existing, new, and reconstructed asphalt roofing 
manufacturing lines and an opacity standard for certain asphalt storage 
tanks at existing, new, and reconstructed asphalt processing facilities 
and roofing manufacturing lines. Opacity and visible emission 
compliance determinations must be made using EPA test methods 9 and 22 
in appendix A of 40 CFR part 60, respectively.
    The final rule allows you to demonstrate continuous compliance with 
the emission standards by monitoring control device operating 
parameters or by using continuous emission monitoring systems (CEMS) to 
directly measure emissions. Although the final rule does not require 
continuous monitoring of opacity, you can use continuous opacity 
monitoring systems (COMS) if you choose to do so since the opacity 
standard applies at all times.
    If you choose to conduct parameter monitoring, you must install, 
calibrate, maintain, and operate a continuous parameter monitoring 
system (CPMS) to monitor the control device parameters. During the 
performance test, you must continuously monitor and record control 
device parameters and establish the monitoring parameter value(s) that 
constitute compliance with the emission limits if you plan to use 
parameter monitoring to demonstrate compliance following the initial 
performance test. If you use a combustion device to comply with the 
standards, you must record the average operating temperature. The 
temperature monitoring device must be installed at the exit of the 
combustion

[[Page 24568]]

zone or in the ductwork immediately downstream of the combustion zone, 
before any substantial heat loss occurs. If you use a control device to 
comply with the PM standards, you must record the device inlet gas 
temperature and pressure drop across the device. If you use 
electrostatic precipitators (ESP) to achieve compliance with the PM 
standard, you may record the voltage of the ESP as an alternative to 
the pressure drop across the ESP.
    For combustion devices and PM control devices, the parameters must 
be monitored and values recorded in 15-minute blocks during each of 
three 1-hour test runs. If you use a control device other than a 
combustion device or PM control device to comply with the final rule, 
you must propose the appropriate monitoring parameters, monitoring 
frequencies, and averaging periods. All monitoring parameters for 
control devices not specified in the final rule must be approved by the 
Administrator as specified in 40 CFR 63.8(f).
    If you choose to demonstrate continuous compliance by directly 
measuring emissions, you must install, calibrate, maintain, and operate 
a CEMS and record the emissions during the performance test according 
to the procedures specified in 40 CFR part 63, subpart A.
    For all monitoring approaches (CPMS and CEMS (and COMS, if used)), 
you must also monitor and record the average hourly roofing line 
production rate or the asphalt processing rate, as applicable, during 
the performance test. If you are complying with the PM emission limit, 
you must also determine the asphalt content of the product manufactured 
during the performance test.

G. What Are the Continuous Compliance Provisions?

    After the performance test, you must demonstrate continuous 
compliance with the emission limits by monitoring either control device 
or process operating parameters or by monitoring emissions. The 
parameters or emissions must remain within the limits established 
during the initial performance test.
    If you choose to use parametric monitoring to demonstrate 
continuous compliance with the standards, the final rule specifies the 
parameters that are to be monitored. For combustion devices (other than 
boilers, process heaters, and flares that meet specified design and 
operating requirements), you must monitor the operating temperature. 
For control devices used to meet the PM standards, you must monitor the 
inlet gas temperature and pressure drop across the device. If you use 
an ESP to achieve compliance with the PM standard, you may monitor the 
voltage of the ESP as an alternative to pressure drop.
    For parametric monitoring, you must determine and record 15-minute 
and 3-hour block averages of the specified parameters. However, the 
final rule allows the option of determining continuous compliance based 
on any 15-minute period (i.e., you are not required to calculate 3-hour 
block averages). If you choose this alternative, a monitoring parameter 
deviation would occur if the monitoring parameter value(s) is outside 
the approved range during any 15-minute period.
    If you use a control device other than a combustion device or PM 
control device to achieve compliance with the emission limits, the 
monitoring parameters must be approved by the Administrator and 
established during the initial performance test. To change the value of 
any monitored parameter, you must conduct a performance test and submit 
a request to the Administrator for approval using the procedures 
specified in 40 CFR 63.8(f).

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

    You must comply with the notification, recordkeeping, and reporting 
requirements in 40 CFR part 63, subpart A, as specified in Tables 6 and 
7 to the final rule. The notification, recordkeeping, and reporting 
requirements include, but are not limited to: Initial notification of 
applicability of the rule, notification of the dates for conducting the 
performance test and notification of compliance status; reports of any 
startup, shutdown, and malfunction events that occur; and semiannual 
reports of excess emissions or deviations from monitoring parameter 
limits. When no deviations occur, you must submit semiannual reports 
indicating that no deviations have occurred during the period. For a 
combustion device, a deviation would be any time (excluding periods of 
startup, shutdown and malfunction which would be a separate report) 
that the operating temperature falls below the limit established during 
the initial performance test. For a control device used to meet the PM 
standards, a deviation would be any time (excluding periods of startup, 
shutdown and malfunction) that the temperature of the gas at the inlet 
to the control device or the pressure drop across the control device 
(or ESP voltage) are outside their respective limits established during 
the initial performance test.
    You must maintain records of the following, as applicable: (1) 
Combustion device operating temperature; (2) PM control device inlet 
gas temperature and pressure drop (or voltage for ESP); (3) approved 
parameters for sources that comply with the emission limits using a 
control device other than a combustion device or PM control device; (4) 
CEMS; and (5) the date and time a deviation commenced if a monitoring 
parameter or emission deviation occurs, the date and time corrective 
actions were initiated and completed, a description of the cause of the 
deviation, and a description of the corrective actions taken. You must 
also prepare a startup, shutdown, and malfunction plan and maintain 
records of actions taken during these events, as required by 40 CFR 
63.6(e)(3).
    The final rule also includes a requirement to develop and make 
available for inspection by the permitting authority, upon request, a 
site-specific monitoring plan that specifies how the continuous 
parameter monitoring system will be installed, operated, and maintained 
as well as the data quality assurance procedures and ongoing 
recordkeeping and reporting procedures.
    The NESHAP General Provisions (Sec.  63.10(b)) require that records 
be maintained for at least 5 years from the date of each record. You 
must retain the records onsite for at least 2 years. You may retain 
records for the remaining 3 years at an offsite location. The records 
must be readily available and in a form suitable for efficient 
inspection and review. The files may be retained on paper, microfilm, 
microfiche, a computer, computer disks, or magnetic tape. Reports may 
also be made on paper or on a labeled computer disk using commonly 
available and compatible computer software.

III. What Are the Responses to the Significant Comments?

    Significant public comments on the proposed rule along with our 
responses to these comments are summarized in this section of the 
preamble. For detailed responses to all the comments, see the 
Background Information Document (BID) (``National Emission Standards 
for Hazardous Air Pollutants, Asphalt Processing and Asphalt Roofing 
Manufacturing, Summary of Public Comments and Responses,'' February 
2003, EPA-453/R-03-005) (Docket No. OAR-2002-0035).

[[Page 24569]]

A. Rule Applicability

    Comment: Several commenters noted that it was not clear if the 
proposed rule applied to facilities that process asphalt intended for 
non-roofing products. The commenters suggested that confusion regarding 
applicability was caused by addressing both the asphalt processing and 
asphalt roofing manufacturing source categories together under one 
NESHAP. Confusion may have also been caused by the proposed definition 
of asphalt flux, which read: ``asphalt flux means the residual material 
from distillation of crude oil used to manufacture asphalt roofing 
products.''
    Response: On June 21, 2002, the EPA sent letters to the commenters 
to clarify two aspects of the proposed rule:

    [sbull] The proposed rule was intended to cover all asphalt 
processing regardless of the asphalt's end use; and
    [sbull] Requirements for storage vessels at asphalt roofing 
manufacturing facilities, inadvertently left out of the proposed 
rule, are the same as those for storage vessels at asphalt 
processing facilities.

    Subsequent comments on the notice letters disagreed with EPA's 
interpretation of the proposed rule's applicability and contended that 
the EPA should address this clarification in a supplemental proposal.
    The EPA does not believe that a supplemental proposal is needed to 
clarify the applicability of the final rule. It has long been held that 
actual notice constitutes adequate notice and opportunity for comment 
for purposes of section 307 of the CAA. (See Small Lead Refiner Phase 
Down Task Force v. EPA, 705 F. 2d 507, 548 (D.C. Cir. 1983).) The 
extensive comments received in response to the June 21, 2002 letters 
demonstrates that the commenters had adequate notice and availed 
themselves of it. There is no credible claim that further comments 
could have been submitted had there been more notice or that the time 
for response was inadequate. Under these circumstances, EPA believes 
that it afforded all letter recipients adequate notice and opportunity 
for comment and a supplemental notice to clarify the applicability of 
the rule is not necessary.
    The final NESHAP includes both asphalt processing and asphalt 
roofing manufacturing because many facilities both process asphalt and 
manufacture roofing products (asphalt roofing and other roofing 
products).
    With respect to the issue of whether asphalt processing should 
include operations that process asphalt for non-roofing uses, EPA 
believes that it should. The HAP emissions from asphalt processing (and 
the means of controlling such emissions) are identical, whether or not 
asphalt is produced for roofing or for other uses. Nor did EPA ever 
intend to distinguish among asphalt uses in setting out the rule's 
scope. The source category definition (``Documentation for Developing 
the Initial Source Category List,'' EPA-450/3-91-030, July 1992) of 
``asphalt processing'' reads as follows:

    ``The Asphalt Processing source category includes any facility 
engaged in the preparation of asphalt at asphalt processing plants, 
petroleum refineries, and asphalt roofing plants. Asphalt 
preparation, called `blowing,' involves the oxidation of asphalt 
flux by bubbling air through the liquid asphalt flux at 260[deg]C 
for 1 to 4.5 hours, depending upon the desired characteristics of 
the asphalt. The category includes, but is not limited to, the 
following process: asphalt heating, blowing still, and asphalt 
storage tanks'' (emphasis added).

    This definition is not limited to asphalt that is processed for 
roofing manufacturing, and in fact, is not limited in any respect by 
the ultimate use to which processed asphalt is put. Consistent with the 
source category definition, it was not EPA's intent to limit the 
applicability of the final rule to the processing of roofing asphalt or 
any other end use.
    To clarify the final rule applicability, EPA has written the 
definition of asphalt processing in the final rule to read as follows:

    ``Asphalt processing facility means any facility engaged in the 
preparation of asphalt flux at stand-alone asphalt processing 
facilities, petroleum refineries, and asphalt roofing facilities. 
Asphalt preparation, called `blowing,' is the oxidation of asphalt 
flux, achieved by bubbling air through the heated asphalt, to 
increase the softening point and reduce the penetration of the 
oxidized asphalt.
    An asphalt processing facility includes one or more asphalt flux 
blowing stills and their associated asphalt flux storage tanks, 
oxidized asphalt storage tanks and oxidized asphalt loading racks.''

    The EPA has also modified the definition of ``asphalt flux'' as 
proposed to remove any suggestion that the rule's scope is limited by 
the intended use of the processed asphalt.

B. Asphalt Storage Tank and Loading Rack Vapor Pressure Control Cutoff

    Comment: Several commenters supported using a vapor pressure 
cutoff, such as those found in the petroleum refinery NESHAP (40 CFR 
part 63, subpart CC) and the new source performance standards for 
storage vessels (40 CFR part 60, subparts K, Ka, and Kb) for asphalt 
storage tanks and loading racks. The commenters contended that 
equipment with vapor pressures below those thresholds would emit only 
minimal amounts of HAP and therefore should not be subject to control 
requirements. The commenters also alleged that EPA was being 
inconsistent among different MACT standards in developing standards 
applicable to similar types of equipment. For example, one commenter 
asserted that EPA should not declare emissions from low HAP, low vapor 
pressure stocks as de minimis sources under the petroleum refineries 
NESHAP and then propose to regulate those same emissions under the 
asphalt NESHAP. One commenter contended that it would be reasonable for 
EPA to use an approach similar to the petroleum refinery NESHAP because 
asphalt flux feedstocks and finished asphalt products are produced 
directly by refineries and because many refineries will be subject to 
the asphalt NESHAP.
    Response: The proposed MACT for all asphalt storage tanks with a 
capacity of 1.93 Mg or greater at existing, new, and reconstructed 
affected sources was based on the fact that greater than 12 percent of 
the asphalt storage tanks were controlled with a combustion device 
operating at or above 1200 [deg]F. Also, the available data showed that 
no sources were using a combustion device to control emissions from 
storage tanks with a capacity less than 1.93 Mg of asphalt. Therefore, 
the proposed MACT did not require control of tanks with capacities less 
than 1.93 Mg (66 FR 58620).
    The EPA now believes that the prevalence of combustion devices on 
tanks storing asphalt at low vapor pressure is misleading. We believe 
that combustion devices in this industry are used to control emissions 
from tanks storing high- and low-vapor asphalt that are generally part 
of an ``integrated system,'' an integrated group of process equipment 
including higher-emitting equipment such as a blowing still, so that 
what really is being controlled by combustion are the emissions from 
the high-emitting equipment, with emissions from other system 
components being ``along for the ride.''
    An integrated system is one in which process components (e.g., 
blowing stills, coaters, and tanks storing high- and low-vapor pressure 
asphalt) are utilized largely together and are generally located in 
close proximity. In an integrated system, emissions from process 
equipment that are subject to less stringent emission standards (e.g., 
tanks storing low-vapor pressure asphalt) generally are routed to the 
control device (e.g., combustion device) that is used to control 
emissions from

[[Page 24570]]

the equipment (e.g., blowing stills, coaters) that are subject to more 
stringent emission standards. In other words, it is more cost effective 
to ``over control'' emissions from lower-emitting storage tanks that 
are nearby, using a combustion device that is selected and designed to 
control emissions from the entire system (e.g., blowing stills, 
coaters, and asphalt storage tanks), than it is to install a separate 
control device to reduce emissions from the storage tanks to a lesser 
degree.
    In the absence of an integrated system configuration, we do not 
believe that combustion controls represent the MACT floor (or otherwise 
represent MACT) for tanks that store low-vapor pressure asphalt since 
facilities that do not use a combustion device to reduce emissions from 
higher-emitting process equipment are unlikely to use a combustion 
device to reduce emissions from tanks that store low-vapor pressure 
asphalt (and we in fact know of no instance when a tank storing low-
vapor pressure asphalt in this industry is controlled by a combustion 
device when the tank is a stand-alone unit). Therefore, for tanks 
storing asphalt with a low vapor pressure, the MACT floor largely 
depends on whether or not the tank is part of an integrated system.
    Based on the above discussion, it would seem logical to develop one 
set of standards for integrated systems (including tanks) and another 
for nonintegrated systems (where tanks would have different standards). 
However, we do not have sufficient data to characterize the control 
level of integrated versus nonintegrated systems or even to devise 
workable definitions of these systems. The significance of the 
existence of integrated systems, therefore, relates to calculation of 
floor standards for tanks.
    Based on the existence of integrated systems, we do not believe 
that we have to include all tanks storing high- and low-vapor pressure 
asphalt together in making a floor determination for storage tanks. We 
do believe that it is reasonable to assume that facilities would use 
combustion devices for tanks storing high-vapor pressure asphalt 
because of the greater potential for emissions from these tanks and the 
appropriateness of controlling volatile emissions using combustion 
devices. We, thus, included all such tanks as a single group in 
determining floor standards and determined that the best-performing 12 
percent of tanks used to store high-vapor pressure asphalt use 
combustion to control the emissions. (We did not, however, include 
tanks used to store low-vapor pressure asphalt in this calculus and are 
not compelled to for the reasons explained above relating to integrated 
systems.) Therefore, for tanks storing asphalt with a high vapor 
pressure at existing and new sources, we believe that the MACT floor is 
a combustion device regardless of whether or not it is located in an 
integrated system.
    For tanks storing low-vapor pressure asphalt, a separate 
determination must be made to establish the MACT floor for existing and 
new sources. For these storage tanks, the MACT floor depends mainly on 
whether or not the tank is part of an integrated system. However, as 
noted above, we are unable to devise a workable definition of the 
integrated system. Among other problems, we have no information 
regarding tank vapor pressure or facility configurations to determine 
the relative proximity of low-vapor pressure asphalt storage tanks to 
combustion devices. Although we are unable to develop a separate 
standard for integrated systems, the MACT floor for any storage tank 
cannot be less stringent than the opacity limits for controlling PM 
specified in the asphalt NSPS, since over 12 percent of existing 
storage tanks in the industry are already subject to those standards. 
In fact, approximately 27 percent of the storage tanks in the database 
use particulate controls (such as fiber-bed filters, mist eliminators, 
condensers) to meet the asphalt NSPS. This control of PM will 
necessarily control HAP emissions since a portion of the PM is 
condensed HAP. Therefore, the MACT floor for tanks storing asphalt with 
low vapor pressures at existing and new sources is the opacity limit 
specified in the asphalt NSPS.
    We recognize that this floor for tanks storing low-vapor pressure 
asphalt actually applies to some tanks that are part of integrated 
systems. Nevertheless, we expect that tanks that are part of an 
integrated system are controlled by the same control device used to 
control the entire system, rather than being controlled separately. 
Therefore, using the opacity limit specified in the asphalt NSPS as a 
floor for tanks storing asphalt with low vapor pressures should not 
discourage facilities from using combustion devices to control 
emissions from storage tanks that are part of integrated systems. Nor 
is it likely to lead to removal of any existing controls on integrated 
systems since the combined system was already adopted by those 
facilities and removal would entail retrofit costs.
    With regard to establishing the vapor pressure cutoff value that 
would be used to assign tanks into high- and low-vapor pressure groups 
(Groups 1 and 2, respectively), EPA does not have survey data for the 
vapor pressure of stored asphalt that could be used to establish this 
value. In the absence of vapor pressure data, we based the vapor 
pressure cutoff value on the MACT floor for existing storage tanks at 
petroleum refineries. Asphalt tanks are similar because asphalt is a 
petroleum refinery product, and asphalt processing facilities are 
located at some petroleum refineries. Therefore, EPA believes that it 
is reasonable for the vapor pressure cutoff in the final rule to be 
consistent with the maximum true vapor pressure cutoff (10.4 kPa) for 
existing storage tanks in the petroleum refinery NESHAP. Thus, under 
the final rule, tanks storing asphalt with a maximum true vapor 
pressure of 10.4 kPa or greater are considered ``high-vapor pressure'' 
tanks (i.e., Group 1 tanks) while tanks storing asphalt with a maximum 
true vapor pressure less than 10.4 kPa are considered ``low-vapor 
pressure'' tanks (i.e., Group 2 tanks).
    The petroleum refinery NESHAP also contains an annual average true 
vapor pressure cutoff (8.3 kPa) and an annual HAP liquid concentration 
cutoff (4 percent, by weight of total organic HAP) for determining 
storage tank applicability. Because the storage temperature of asphalt 
at asphalt processing and asphalt roofing manufacturing facilities is 
expected to be maintained over a narrow range throughout the year, 
providing an annual average for storage temperature in the asphalt 
NESHAP is unnecessary. The concentration cutoff was included in the 
petroleum refinery NESHAP to address the fact that some liquids at 
petroleum refineries have very low HAP concentrations and high vapor 
pressures due to the volatility of non-HAP compounds in the material. 
However, because asphalt processing and asphalt roofing manufacturing 
facilities do not typically store products other than asphalt, the EPA 
believes that including an annual HAP liquid concentration cutoff in 
the asphalt NESHAP is unnecessary.
    With regard to the proposed tank capacity cutoff of 1.93 Mg, EPA 
believes that the analysis used to establish the proposed capacity 
cutoff for combustion control was flawed since the cutoff value was 
based on the smallest tank controlled by a combustion device. Since we 
now consider the seeming prevalence of combustion devices on tanks 
storing low-vapor pressure asphalt to actually reflect controls on 
integrated systems (driven by the need to control the greatest emission 
source of the integrated system), we do not believe that the proposed 
capacity cutoff value for combustion control is valid because

[[Page 24571]]

it was premised on the assumption that stand-alone (i.e., non-
integrated) low-vapor pressure asphalt storage tanks were controlled by 
means of combustion devices. Consequently, we are establishing the 
capacity cutoff value for combustion control to be consistent with the 
capacity cutoff for existing tanks at petroleum refineries (again 
consistent with comments urging that the petroleum and asphalt NESHAP 
be consistent insofar as they apply to similar types of emission 
sources).
    Therefore, the floor for asphalt storage tanks with a capacity of 
177 cubic meters or greater and storing asphalt with a maximum vapor 
pressure of 10.4 kPa or greater (i.e., Group 1 asphalt storage tanks) 
at existing and new sources is combustion control. The floor for 
asphalt storage tanks with a capacity of 177 cubic meters or greater 
storing asphalt with a maximum vapor pressure less than 10.4 kPa (i.e., 
Group 2 asphalt storage tanks) at existing and new sources is the 
opacity limit specified in the asphalt NSPS. As at proposal, however, 
we are not determining a floor level of control for tanks less than a 
capacity of 1.93 Mg. Based on the tank capacity data from the Asphalt 
Roofing Manufacturers Association survey, less than 2 percent of the 
tanks have capacities less than 1.93 Mg, and only one of those tanks is 
vented to a PM control device.
    The EPA is also applying much this same reasoning in determining a 
MACT floor for asphalt loading racks. The proposed MACT for asphalt 
loading racks at existing, new, and reconstructed affected sources was 
based on the fact that greater than 12 percent of the loading racks 
were controlled with a combustion device operating at or above 1200 
[deg]F. Although we do not have vapor pressure data for loading racks, 
we believe (as with storage tanks) that it is reasonable to assume that 
facilities are using combustion devices to control emissions from 
loading racks that are used to transfer high-vapor pressure asphalt 
because of the greater potential for emissions from this asphalt and 
the appropriateness of controlling volatile emissions using combustion 
devices. Consequently, the EPA believes that the MACT floor for loading 
racks transferring high-vapor pressure asphalt at existing and new 
sources is a combustion device regardless of whether or not it is part 
of an integrated system. In the absence of vapor pressure data, and to 
be consistent with the approach used for high-vapor pressure (Group 1) 
asphalt storage tanks, we based the vapor pressure cutoff for loading 
asphalt racks on the maximum true vapor pressure cutoff (10.4 kPa) for 
existing storage tanks in the petroleum refinery NESHAP.
    For loading racks used to transfer low-vapor pressure asphalt at 
existing and new sources, as with low-vapor pressure (Group 2) asphalt 
storage tanks, we are unable to develop a separate standard for 
integrated systems. However, unlike the asphalt NSPS for storage tanks, 
an existing regulation does not exist for asphalt loading racks that 
would establish a minimum level of the MACT floor. Therefore, a MACT 
floor for loading racks transferring asphalt with a maximum vapor 
pressure less than 10.4 kPa at existing and new sources could not be 
established.
    In summary, the MACT floor for tanks with an asphalt storage 
capacity of 177 cubic meters or greater and storing asphalt with a 
maximum vapor pressure of 10.4 kPa or greater at existing and new 
sources is based on a combustion device operating at or above 1200 
[deg]F. For tanks with asphalt storage capacities of 177 cubic meters 
or greater or storing asphalt with a maximum vapor pressure less than 
10.4 kPa, the MACT floor for existing and new sources is represented by 
the opacity limit in the asphalt NSPS. The opacity limit of the asphalt 
NSPS also represents the MACT floor for asphalt storage tanks with 
capacities less than 177 cubic meters but greater than or equal to 1.84 
cubic meters at existing and new sources. For loading racks used to 
transfer asphalt with a maximum vapor pressure of 10.4 kPa or greater 
at existing and new sources, the MACT floor is a combustion device 
operating at or above 1200 [deg]F. The MACT floor for loading racks 
used to transfer asphalt with a maximum vapor pressure less than 10.4 
kPa at existing and new sources is no additional control.
    Also, as explained in detail in the preamble to the proposal (66 FR 
58620-21), we continue to believe that controls beyond the MACT floor 
for high-vapor pressure asphalt storage tanks and loading racks (where 
the floors have not changed between the proposed and final rule) are 
not technically or economically feasible (i.e., there are no known 
controls that would reduce HAP emissions more than combustion control), 
so that MACT for the high-vapor pressure asphalt storage tanks and 
loading racks is represented by their respective MACT floors.
    For the low-vapor pressure asphalt storage tanks (for which we have 
made a different floor determination), the only control option beyond 
the MACT floor is control with a combustion device. However, given the 
relatively low HAP emissions from this equipment, the incremental cost-
effectiveness (greater than $3,000,000 per megagram of HAP reduced) of 
increasing the level of HAP reduction achieved by a PM control device 
(93.3 percent) (the device we anticipate would be used to achieve the 
opacity standard which is the MACT floor) to that achieved by a 
combustion device (95 percent) is not a justifiable option. (Additional 
energy use likewise would be required to achieve this modest 
incremental HAP reduction as well.) Therefore, MACT for low-vapor 
pressure asphalt storage tanks is represented by the MACT floor.
    For low-vapor pressure asphalt loading racks, the control options 
beyond the MACT floor are a PM control device and a combustion device. 
However, as with low-vapor pressure asphalt storage tanks, the high 
costs per megagram of HAP reduction (greater than $500,000 per megagram 
of HAP reduced) achieved by controlling low-vapor pressure asphalt 
loading rack emissions with either a PM control device or combustion 
device make the beyond the MACT floor options economically infeasible. 
Therefore, MACT for low-vapor pressure asphalt loading racks is 
represented by the MACT floor.
    Because we are specifying vapor pressure as a cutoff for different 
groups of tanks, it is necessary to identify how such a determination 
would be made if a facility were required to do so. Following proposal, 
the EPA met with industry representatives to identify an appropriate 
test method for determining the vapor pressure of stored asphalt, if 
EPA were to promulgate such a cutoff. According to the industry and EPA 
representatives, a standardized or consensus test method for measuring 
the vapor pressure of stored asphalt has not been established. (See the 
summary of the September 17, 2002 meeting with petroleum refinery 
representatives in Docket No. OAR-2002-0035.) Currently, the industry 
uses nomographs or other relationships depicting the vapor pressure of 
petroleum liquids as a function of storage temperature vapor pressure 
and asphalt composition (e.g., flux versus oxidized) to determine the 
vapor pressure of stored asphalt.
    Since there is no standardized test method for measuring the vapor 
pressure of stored asphalt, the EPA believes that the final rule should 
specify a temperature that equates to a vapor pressure of 10 kPa, 
instead of requiring facilities to physically measure asphalt vapor 
pressure. According to industry representatives, asphalt flux reaches 
10.4 kPa at approximately 500 to 550 [deg]F (oxidized asphalt would 
require higher

[[Page 24572]]

temperatures to reach 10.4 kPa). The temperature estimate cited by the 
industry representatives was confirmed on a theoretical level using a 
regression equation for asphalt vapor pressure as a function of 
temperature, developed by the Owens Corning Company using a modified 
version of the American Society of Testing and Materials (ASTM) method 
D2879 (Standard Test Method for Vapor Pressure-Temperature Relationship 
and Initial Decomposition Temperature of Liquids by Isoteniscope). 
According to the regression equation, asphalt flux reaches a vapor 
pressure of 10.4 kPa at approximately 450 [deg]F.
    Since the regression equation, which under-predicts the temperature 
at which asphalt flux reaches a given vapor pressure (according to 
industry and EPA representatives), tends to corroborate the storage 
temperature cited by the industry representatives, the EPA believes 
that a storage temperature of 500 [deg]F appropriately represents a 
vapor pressure of 10.4 kPa. Consequently, the final rule specifies that 
tanks storing (and loading racks transferring) asphalt at a maximum 
vapor pressure of 10.4 kPa or greater, or at a maximum temperature of 
500 [deg]F or greater, must be controlled with a combustion device. 
Also, the final rule allows the use of standard industry nomographs and 
other relationships to determine the vapor pressure of asphalt. The 
docket for this NESHAP (Docket No. OAR-2002-0035) contains a memorandum 
from the National Petrochemical and Refiners Association (NPRA) that 
presents several manual methods that are currently used in the 
petroleum industry for estimating the vapor pressure of asphalt.

C. Level of the Standards

    Comment: One commenter questioned the derivation of the THC 
destruction and combustion efficiency standards (95 and 99.6 percent, 
respectively). The commenter contended that the statistical analysis 
used to derive the standards from test data was incorrect.
    Response: The EPA agrees with the commenter that the available data 
set is too small for a rigorous statistical analysis. Therefore, at 
proposal, we chose to account for the variability in the data by 
subtracting one standard deviation from the mean, rather than 
performing a more formal statistical analysis to derive the proposed 
emission limit. Despite the small size of the data set, since proposal, 
the EPA has calculated the 95 percent confidence interval about the 
mean of the test data for THC destruction efficiency. The lower limit 
of the 95-confidence interval is 94.85 percent THC destruction 
efficiency. (See section 2.3.10.2 of the BID for a more detailed 
discussion of this analysis.) In other words, there is only a 5 percent 
chance that the true population mean of THC destruction efficiency will 
be below 94.85 percent. In addition, all four of the facilities with 
THC destruction efficiency data would meet the standards. This 
calculation supports that a THC destruction efficiency of 95 percent is 
achievable. The 95 percent destruction efficiency has thus been 
included in the final rule.
    Since proposal, the EPA has calculated the 95 percent confidence 
interval about the mean of the test data used to establish the proposed 
combustion efficiency. The lower limit of the 95 percent confidence 
interval is 99.49 percent combustion efficiency. Since this value is 
lower than the proposed combustion efficiency limit of 99.6 percent, 
the EPA has decided to establish the combustion efficiency limit in the 
final rule at 99.5 percent. (Note that this change does not affect 
EPA's determination, made originally at proposal, that beyond-the-floor 
controls remain inappropriate here, largely because EPA knows of no 
means of control more efficient than combustion control.)
    Comments: Comments were also received on the proposed rule 
regarding the use of electric regenerative thermal oxidizers (RTO). One 
commenter explained that EPA's proposed method for calculating 
combustion efficiency penalizes control technologies that do not burn 
auxiliary fuel and, consequently, have a relatively low CO2 
concentration at their outlets. The commenters stated that the proposed 
method for calculating combustion efficiency understates the combustion 
efficiency achieved by an RTO since the only relevant source of 
CO2 in RTO exhaust comes from the destruction of 
hydrocarbons. The commenters submitted test data and proposed a 
separate equation for calculating the destruction efficiency for RTO.
    Response: The EPA reviewed the test data submitted by the 
commenters (see section of the 2.3.10.6 of the BID) and agrees that, 
because RTO do not use auxiliary fuel, the outlet CO2 
concentrations are much less than those of conventional thermal 
oxidizers without compromising THC destruction efficiency. 
Consequently, the final rule contains an option that allows combustion 
devices that do not use auxiliary fuel to use an outlet-only THC 
destruction efficiency equation. To determine the level of the standard 
for RTO, the same approach as was taken for the derivation of the THC 
destruction efficiency and combustion efficiency standards was used 
(i.e., one standard deviation was subtracted from the average THC 
destruction efficiencies calculated from the test data submitted by the 
commenters). The resulting calculations (see section 2.3.10.6 of the 
BID) yield a THC destruction efficiency standard for RTO of 95.8 
percent.

D. Compliance Options

    Comment: One commenter noted that the control devices used at 
refineries to control blowing stills are flares, boilers, and process 
heaters and that refineries do not typically have thermal oxidizers. 
The commenter urged the EPA to allow the use of combustion devices 
other than thermal oxidizers to control blowing still emissions.
    Response: The proposed rule did not prohibit the use of process 
heaters, boilers, and flares because we consider these units to be 
types of thermal oxidizers. However, since the term ``thermal 
oxidizer'' was not defined in the proposed rule, the proposed rule 
could be interpreted differently. In the final rule, we use the term 
``combustion device'' instead of ``thermal oxidizer'' and have defined 
combustion device to include process heaters, boilers, flares, and 
incinerators; all devices which achieve the same high degree of HAP 
destruction provided they operate using efficient combustion. 
Consistent with other rules, a performance test and continuous 
parameter monitoring are not required for boilers or process heaters if 
the vent streams to be controlled are introduced into the flame zone, 
or if the unit has a design input heat capacity of 44 MW or greater 
since the residence time and operating temperature of these devices is 
great enough to ensure reduction of HAP emissions. Flares are required 
to meet the design and operating requirements of 40 CFR 63.11 in lieu 
of conducting performance tests, as explained earlier in this preamble.

E. Performance Tests

    Comment: One commenter expressed concern with the requirement to 
conduct performance testing before the compliance date. The commenter 
stated that the NESHAP General Provisions and nearly all previously-
issued MACT standards allow the test to be conducted within 180 days of 
the compliance date (existing sources) or at startup (new sources). The 
commenter pointed out that the testing date for existing sources is 8 
months earlier than what is provided in the General Provisions and 
listed several problems that it would create.

[[Page 24573]]

    Response: The EPA agrees that it is not necessary to require 
performance tests to be completed 60 days prior to the rule compliance 
date since this would effectively require that facilities be in 
compliance before the compliance date specified in the final rule. 
Consequently, the final rule (Sec.  63.8686(a)) has been written to be 
consistent with the NESHAP General Provisions (performance tests must 
be conducted within 180 days after the compliance date).

F. Monitoring Requirements

    Comment: Comments were received on a variety of monitoring 
requirements. The changes made to the proposed monitoring requirements 
are discussed in the following paragraphs.
    Response: Many facilities in the asphalt processing and asphalt 
roofing manufacturing industry use analog chart recorders to display 
and record monitored parameters. However, when these devices are used, 
the value of the monitored parameters is generally not recorded 
electronically. Parameter values therefore cannot be automatically 
averaged and compared to the established range to determine if there 
has been an parameter deviation. Such a determination would have to be 
made through manual calculations. One commenter suggested that chart 
recorders could more easily be used for monitoring if manual 
calculations of 3-hour averages were not required and deviations were 
based on 15-minute exceedances of limits. Because the commenter's 
suggestion is more stringent than the requirements in the proposed 
rule, the EPA has decided that this is an acceptable alternative for 
determining continuous compliance. Therefore, the final rule was 
written to allow facilities the option of demonstrating continuous 
compliance using either a 15-minute or 3-hour averaging period.
    For example, if a facility uses an analog chart recorder that 
provides a continuous record of the combustion device operating 
temperature on a strip chart, the facility would be allowed to 
determine compliance with the NESHAP by comparing the minimum 
temperature reading for each 15-minute period to the minimum 15-minute 
value established during the initial performance test (i.e., the 
facility would not be required to manually average the readings on the 
strip chart over a 3-hour period to determine compliance with the 
standards).
    Comment: One commenter asserted that facilities should be allowed 
to use CEMS and COMS to demonstrate continuous compliance with the 
standards.
    Response: The proposed rule did not preclude facilities from using 
CEMS and COMS, and it was not EPA's intent to discourage facilities 
from using CEMS and COMS where feasible and beneficial to them. 
However, continuous monitoring is not required for the opacity 
standard, even though the opacity standard applies at all times (i.e., 
EPA test method 9 could be used at any time by the regulating agency to 
determine compliance with the opacity standard). To allow you to use 
continuous monitors without first obtaining the approval from the 
Administrator to use an alternative monitoring procedure, the list of 
acceptable monitoring systems in the final rule has been written to 
include CEMS (and COMS) and their applicable performance specifications 
from 40 CFR part 60 Appendix B.
    Comment: One commenter suggested that the EPA modify the proposed 
rule so that a facility using an ESP as a PM control device could 
select which parameters are appropriate for demonstrating compliance 
and have those parameters approved by the EPA in the same manner as 
``other'' control devices.
    Response: The EPA agrees with the commenter that ESP operate 
differently from filter-type PM control devices, and that parameters 
other than pressure drop could be used to show proper ESP operation. 
For these reasons, an alternative has been provided in the final rule 
to allow facilities using an ESP to monitor the voltage going to the 
ESP instead of the pressure drop across the device. The voltage going 
to the ESP is a direct measure of the strength of the corona field 
responsible for ionizing PM as it passes through the ESP. The value or 
range of ESP voltage must be determined during the performance test.

G. Overlap With Other Rules

    Comment: One commenter stated that the rule should be clarified so 
that asphalt flux and oxidized asphalt storage tanks already regulated 
under another MACT rule (for example, the petroleum refinery NESHAP) 
are not further regulated under the asphalt NESHAP.
    Response: The EPA recognizes that asphalt storage vessels subject 
to the asphalt NESHAP could also be subject to other regulations, such 
as the petroleum refinery NESHAP (40 CFR part 63, subpart CC) and the 
storage vessel NSPS (40 CFR part 60, subpart K, Ka, or Kb). 
Consequently, EPA is providing in the final rule that the NESHAP does 
not apply to any equipment that is subject to the petroleum refinery 
NESHAP or to subpart K, Ka, or Kb of part 60 since the requirements 
specified in those rules for the types of storage tanks used in this 
industry (fixed roof tanks) are as stringent as the standards in the 
asphalt processing and asphalt roofing manufacturing NESHAP.
    The EPA also recognizes that storage tanks (and blowing stills, 
saturators, wet loopers, and coaters) at asphalt processing and asphalt 
roofing manufacturing facilities could be subject to both the asphalt 
NESHAP and the asphalt NSPS. In cases where the rule requirements 
overlap, the asphalt rule specifies that facilities are required to 
comply only with the asphalt NESHAP. However, any storage tank with a 
capacity less than 1.93 mg that is subject to the asphalt NSPS but not 
regulated under the asphalt NESHAP must comply with the asphalt NSPS.

IV. Summary of Environmental, Energy and Economic Impacts

    Although MACT floors must be based exclusively on the emission 
limitation achieved by the requisite percentage of best-performing 
similar sources (or, for new sources, the best-performing source), the 
EPA has compiled information on air quality impacts, costs, non-air 
quality impacts, and energy impacts in compliance with Executive 
Orders. We estimate the final rule will affect a total of 19 existing 
facilities (ten asphalt processing and asphalt roofing facilities and 
nine petroleum refineries). We estimated the number of major sources by 
estimating potential emissions using emission factors and available 
production data. We identified major facilities only for the purposes 
of estimating potential emissions, emission reductions, control costs, 
and monitoring, recordkeeping, and reporting costs. It should be noted 
that facilities may not necessarily be major sources for the purposes 
of determining applicability of the final rule because they were 
identified as major by our estimates. Likewise, facilities would not be 
relieved from complying with the final rule because they were not 
identified as major sources in our estimates.

A. What Are the Air Quality Impacts?

    Baseline HAP emissions from the asphalt processing and asphalt 
roofing manufacturing facilities that are projected to be subject to 
the final rule are estimated to be 295 Mg/yr (325 tpy). Baseline THC 
emissions are estimated to be 550 Mg/yr (605 tpy). The baseline 
emission estimates were developed using equipment, control device, and

[[Page 24574]]

production rate data reported in a 1995 industry survey. The final rule 
is projected to reduce HAP emissions by 86 Mg/yr (95 tpy) and THC 
emissions by 465 Mg/yr (512 tpy). The final rule will also reduce PM 
emissions from asphalt processing and asphalt roofing manufacturing 
facilities. However, we do not have sufficient data to estimate 
baseline emissions or emission reductions for PM. The baseline 
emissions and emission reductions do not include contributions from 
area sources because they are not subject to the final rule.
    The final rule will also likely cause an increase in emissions of 
nitrogen oxides (NOX), CO, sulfur dioxide (SO2), 
PM, and volatile organic compounds (VOC) due to the increased use of 
thermal oxidizers as control devices. The estimated increases of 
NOX, CO, and SO2 are approximately, 476, 799, and 
6 Mg/yr (524, 880, and 6 tpy), respectively. These estimates are based 
on the amount of exhaust and auxiliary fuel that will be burned at the 
asphalt processing and asphalt roofing manufacturing facilities that 
are estimated to be major sources.

B. What Are the Cost Impacts?

    The total capital cost for the industry to achieve compliance with 
the final rule for existing facilities is estimated to be $2.71 
million. The capital costs arise from the purchase of emission capture 
systems and control devices. The total annualized cost is estimated to 
be $1.41 million. The total annualized costs for the industry include 
the annualized capital cost of emission capture systems and control 
devices and operation, maintenance, supervisory labor, maintenance 
materials, utilities, administrative charges, taxes, and insurance. It 
is estimated that the industry will spend an additional industrywide 
average of $320,000 per year for monitoring, recordkeeping, and 
reporting to comply with the final rule. This results in a total 
annualized cost of $1.73 million.

C. What Are the Economic Impacts?

    The Agency conducted an economic impact analysis to determine the 
market- and industry-level impacts associated with the final rule. The 
compliance costs of the final rule are expected to increase the prices 
of asphalt processing and roofing products by 0.02 percent or less 
across the directly affected product markets, and domestic production 
and consumption of the affected products are expected to decrease by 
less than 0.01 percent also.
    In terms of industry impacts, the asphalt processors and asphalt 
roofing manufacturers are projected to experience a decrease in 
operating profits of about 0.08 percent, which reflects the compliance 
costs associated with the production of asphalt processing and roofing 
products and the resulting reductions in revenues due to the increase 
in the prices of the directly affected product markets and reduced 
quantities purchased. Through the market impacts described above, the 
final rule created both gainers and losers within the asphalt 
processing and asphalt roofing manufacturing industry. The majority of 
facilities, almost 92 percent, are expected to experience profit 
increases with the final rule; however, there are some facilities 
projected to lose profits (about 8 percent of affected facilities). 
Furthermore, the economic impact analysis indicates that of the 123 
existing asphalt roofing and processing facilities, none are at risk of 
closure because of the final rule. Therefore, none of the companies 
that own asphalt processing and roofing manufacturing facilities are 
projected to close due to the final rule.
    Based on the market analysis, the annual social costs of the final 
rule are projected to be about $1.73 million. The estimated social 
costs differ slightly from the projected engineering costs of the final 
rule. These two costs differ because social costs account for producer 
and consumer behavior. These social costs are distributed across the 
many consumers and producers of asphalt processing and roofing 
products. For the final rule, the producers of asphalt roofing and 
processing products, in aggregate, are expected to incur about $1.32 
million annually in costs, while the consumers of asphalt roofing and 
processing products are expected to incur approximately $410 thousand 
annually across the product markets.
    The economic analysis also addressed potential changes in new 
asphalt processing and roofing facility construction for the year 
following promulgation of the final rule. This was done by estimating 
the total annualized costs for new facilities and projecting changes in 
equilibrium output due to the final rule. The economic impact analysis 
estimated a very small reduction in the growth of the asphalt industry 
represented by a small reduction in equilibrium output of asphalt 
products in the year following promulgation. However, the reduction in 
equilibrium output was only a small fraction of estimated new plant 
capacity. Thus, the control costs are not expected to influence the 
decision to enter the market for asphalt products. For more 
information, consult the Economic Impact Analysis report supporting the 
final rule in the docket.

D. What Are the Non-air Health, Environmental and Energy Impacts?

    Spent filter media from certain types of PM control devices (e.g., 
high-efficiency air filters (HEAF)) are periodically replaced and 
disposed of as solid waste. Although many of the emission sources 
subject to the final rule are already controlled by PM devices, an 
increase in the generation of spent filter media is expected as a 
result of the final rule. However, we do not have sufficient data to 
quantify this anticipated increase in solid waste generation.
    No water impacts are anticipated due to the final rule. None of the 
control devices expected to be used to comply with the final rule 
require the use of water nor do they generate wastewater streams.
    Increased energy usage is expected due to the final rule. 
Electricity is required to power fans for emission capture systems, and 
new thermal oxidizers will require supplemental fuel (e.g., natural 
gas) to efficiently combust the HAP vent streams. The estimated annual 
increase in electricity consumption is 5.58 million kilowatt hours. The 
approximate increase in natural gas consumption is 186 million standard 
cubic feet per year. These estimates are for the 19 facilities 
considered to be major sources.

V. Statutory and Executive Order Reviews

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 Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or

[[Page 24575]]

    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that the final rule is not a ``significant regulatory 
action'' because it is not expected to 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.

B. Paperwork Reduction Act

    The information collection requirements of the final rule have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. An Information Collection Request (ICR) document 
has been prepared by the EPA (ICR No. 2029.01) and a copy may be 
obtained from Susan Auby by mail at U.S. EPA, Office of Environmental 
Information, Collection Strategies Division, (2822T), 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001, 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 will be used by the EPA to ensure that the 
requirements of the asphalt processing and asphalt roofing 
manufacturing NESHAP are implemented properly and are complied with on 
a continuous basis. Records and reports are necessary to identify 
asphalt processing and asphalt roofing manufacturing facilities that 
might not be in compliance with the final rule. Based on reported 
information, the implementing agency will decide which asphalt 
processing and asphalt roofing manufacturing facilities should be 
inspected and what records or processes should be inspected. Records 
that owners and operators of asphalt processing and asphalt roofing 
manufacturing facilities maintain indicate whether personnel are 
operating and maintaining control equipment properly.
    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 for which a claim of confidentiality is made will 
be safeguarded according to the EPA policies in 40 CFR part 2, subpart 
B, Confidentiality of Business Information.
    We estimate the final rule will affect a total of 19 existing 
facilities (ten asphalt processing and asphalt roofing facilities and 
nine petroleum refineries). We estimated the number of major sources by 
estimating emissions using emission factors and available production 
data and extrapolating potential emission from actual emissions. We 
identified major facilities for the purposes of estimating emissions, 
emission reductions, control costs, and monitoring, recordkeeping, and 
reporting costs only. Facilities would not necessarily be major sources 
for the purposes of determining applicability of the asphalt NESHAP 
because they were identified as major by our estimates. Likewise, 
facilities are not relieved from complying with the asphalt NESHAP 
because they were not identified as major sources in our estimates. We 
expect that existing facilities will be in compliance 3 years after 
promulgation of the final rule, but will perform related activities 
(e.g., reading and understanding the rule, conducting performance 
tests) before they are in compliance. We project that one new asphalt 
processing and asphalt roofing facility will become subject to the 
final rule during each of the first 3 years.
    The estimated average annual burden for industry for the first 3 
years after implementation of the rule is approximately 1,962 person-
hours annually. There will be no capital costs for monitoring or 
recordkeeping during the first 3 years. The total average annual 
reporting and recordkeeping burden (including industry and the EPA) for 
this collection is estimated at approximately 2,780 labor hours per 
year at an average annual cost of approximately $356,000.
    Burden means total time, effort, or financial resources expended by 
persons to generate, maintain, retain, disclose, or provide information 
to or for a Federal agency. This includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the Agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small business, small organizations, and small 
government jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, a small entity is defined as: (1) A small business according 
to Small Business Administration (SBA) size standards by NAICS code (in 
this case, less than 750 employees for affected businesses classified 
in NAICS code 324122, Asphalt Shingles and Coating Materials 
Manufacturing and less than 1,500 employees for businesses in NAICS 
code 324110, Petroleum Refineries); (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise that is 
independently owned and operated and is not dominant in its field.
    In accordance with the RFA, the EPA conducted an assessment of the 
standards on small businesses within the asphalt roofing and processing 
industry. Based on SBA NAICS-based size definitions and reported 
employment data, the EPA identified 26 of the 40 companies that own 
potentially affected asphalt roofing and processing facilities and 
petroleum refineries as small businesses. Although small businesses 
represent 65 percent of the companies within the source category, they 
are expected to incur approximately 5 percent of the total industry 
compliance costs of about $1.73 million annually. There are no 
companies with compliance costs greater than 0.04 percent of their 
sales. No firms are expected to close rather than incur the costs of 
compliance with the rule.
    After considering the economic impacts of today's rule on small 
entities, the EPA certifies that the final rule will not have a 
significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for

[[Page 24576]]

Federal agencies to assess the effects of their regulatory actions on 
State, local, or 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 final rules with 
``Federal mandates'' that may result in expenditures to State, local, 
or tribal governments, in the aggregate, or to the private sector, of 
$100 million or more in any 1 year. Before promulgating a 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 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 the 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 final rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, or tribal governments, in the aggregate, or the 
private sector in any 1 year. In the Economic Impact Assessment (EIA) 
for the final rule, the EPA estimates that the total nationwide capital 
cost for the standards is $2.71 million. The total nationwide annual 
cost for the standards is $1.73 million. In addition, the EPA has 
determined that the final 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, the final rule is not subject to the 
requirements of sections 202 or 205 of the UMRA.

E. 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.''
    The final 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. None of the affected facilities 
under the final rule are owned or operated by State or local 
governments. Thus Executive Order 13132 does not apply to the final 
rule.

F. 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.''
    The final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. No 
affected facilities are owned or operated by Indian tribal governments. 
Thus, Executive Order 13175 does not apply to the final rule.

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

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that the EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the EPA must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the EPA.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. The final rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health and safety risks.

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001), provides that agencies shall prepare and submit 
to the Administrator of the Office of Information and Regulatory 
Affairs, Office of Management and Budget, a Statement of Energy Effects 
for certain actions identified as ``significant energy actions.'' 
Section 4(b) of Executive Order 13211 defines ``significant energy 
actions'' as ``any action by an agency (normally published in the 
Federal Register) that promulgates or is expected to lead to the 
promulgation of a final rule or regulation, including notices of 
inquiry, advance notices of proposed rulemaking, and notices of 
proposed rulemaking: (1)(i) That is a significant regulatory action 
under Executive Order 12866 or any successor order, and (ii) is likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy; or (2) that is designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action.'' The final rule is not a ``significant regulatory action'' 
because it is not likely to have a significant adverse effect

[[Page 24577]]

on the supply, distribution, or use of energy.
    We have estimated that the rule will result in an additional 5.58 
million kilowatt hours of electricity usage and 186 million standard 
cubic feet of natural gas consumption. This represents an insignificant 
fraction of the over 3 trillion kilowatt hours and 21,000 trillion 
cubic feet of natural gas consumed in the United States (Energy 
Information Administration, Department of Energy, www.eia.gov).

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995, Public Law 104-113, section 12(d), (15 U.S.C. 272 
note), directs the EPA to use voluntary consensus standards 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, and business 
practices) that are developed or adopted by one or more voluntary 
consensus bodies. The NTTAA directs the EPA to provide Congress, 
through annual reports to OMB, with explanations when an agency does 
not use available and applicable voluntary consensus standards.
    The final rulemaking involves technical standards including EPA 
test methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 5A, 9, 10, 22, 
and 25A. Consistent with the NTTAA, the EPA conducted searches to 
identify voluntary consensus standards in addition to these EPA test 
methods. No applicable voluntary consensus standards were identified 
for EPA test methods 1A, 2A, 2D, 2F, 2G, 5A, 9, and 22.
    The search for emissions measurement procedures identified 16 
voluntary consensus standards potentially applicable to the final rule. 
Three of the voluntary consensus standards were not available at the 
time this review was conducted. For the remaining 13 standards 
identified for measuring emissions of the HAP or surrogates subject to 
emission standards in the final rule, we determined that they were 
impractical alternatives to EPA test methods for the purposes of the 
final rule. Therefore, the EPA does not intend to adopt these 
standards. The search and review methods can be found in docket A-95-32 
(see ADDRESSES section of this preamble).

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing the final rule 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). The final rule will be 
effective on April 29, 2003.

List of Subjects in 40 CFR Part 63

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

    Dated: February 28, 2003.
Christine Todd Whitman,
Administrator.

0
For the reasons cited in the preamble, title 40, chapter I, part 63 of 
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

0
2. Part 63 is amended by adding a new subpart LLLLL to read as follows:

Subpart LLLLL--National Emission Standards for Hazardous Air 
Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing

Sec.

What This Subpart Covers

63.8680 What is the purpose of this subpart?
63.8681 Am I subject to this subpart?
63.8682 What parts of my plant does this subpart cover?
63.8683 When must I comply with this subpart?

Emission Limitations

63.8684 What emission limitations must I meet?

General Compliance Requirements

63.8685 What are my general requirements for complying with this 
subpart?

Testing and Initial Compliance Requirements

63.8686 By what date must I conduct performance tests or other 
initial compliance demonstrations?
63.8687 What performance tests, design evaluations, and other 
procedures must I use?
63.8688 What are my monitoring installation, operation, and 
maintenance requirements?
63.8689 How do I demonstrate initial compliance with the emission 
limitations?

Continuous Compliance Requirements

63.8690 How do I monitor and collect data to demonstrate continuous 
compliance?
63.8691 How do I demonstrate continuous compliance with the 
operating limits?

Notifications, Reports, and Records

63.8692 What notifications must I submit and when?
63.8693 What reports must I submit and when?
63.8694 What records must I keep?
63.8695 In what form and how long must I keep my records?

Other Requirements and Information

63.8696 What parts of the General Provisions apply to me?
63.8697 Who implements and enforces this subpart?
63.8698 What definitions apply to this subpart?

Tables to Subpart LLLLL of Part 63

Table 1 to Subpart LLLLL of Part 63--Emission Limitations
Table 2 to Subpart LLLLL of Part 63--Operating Limits
Table 3 to Subpart LLLLL of Part 63--Requirements for Performance 
Tests
Table 4 to Subpart LLLLL of Part 63--Initial Compliance With 
Emission Limitations
Table 5 to Subpart LLLLL of Part 63--Continuous Compliance with 
Operating Limits
Table 6 to Subpart LLLLL of Part 63--Requirements for Reports
Table 7 to Subpart LLLLL of Part 63--Applicability of General 
Provisions to Subpart LLLLL

Subpart LLLLL--National Emission Standards for Hazardous Air 
Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing

What This Subpart Covers


Sec.  63.8680  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for existing and new asphalt processing and 
asphalt roofing manufacturing facilities. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations.

[[Page 24578]]

Sec.  63.8681  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an 
asphalt processing facility or an asphalt roofing manufacturing 
facility, as defined in Sec.  63.8698, that is a major source of 
hazardous air pollutants (HAP) emissions, or is located at, or is part 
of a major source of HAP emissions.
    (b) After the applicable compliance date specified in Sec.  
63.8683, blowing stills, asphalt storage tanks, saturators, wet 
loopers, and coaters subject to the provisions of this subpart that are 
also subject to 40 CFR part 60, subpart UU, are required to comply only 
with provisions of this subpart.
    (c) This subpart does not apply to any equipment that is subject to 
subpart CC of this part or to subpart K, Ka, or Kb of 40 CFR part 60.
    (d) This subpart does not apply to asphalt processing and asphalt 
roofing manufacturing equipment used for research and development, as 
defined in Sec.  63.8698.
    (e) A major source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area 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.


Sec.  63.8682  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at asphalt processing and asphalt roofing manufacturing 
facilities.
    (b) The affected source is:
    (1) Each asphalt processing facility as defined in Sec.  63.8698; 
or
    (2) Each asphalt roofing manufacturing line as defined in Sec.  
63.8698.
    (i) If the asphalt roofing manufacturing line is collocated with an 
asphalt processing facility, the storage tanks that store asphalt flux 
intended for oxidation in the blowing stills and those tanks that 
receive asphalt directly from the on-site blowing stills are part of 
the asphalt processing facility. The remaining asphalt storage tanks 
are considered to be part of the asphalt roofing facility.
    (ii) If an asphalt storage tank is shared by two or more lines at 
an asphalt roofing manufacturing facility, the shared storage tank is 
considered part of the line to which the tank supplies the greatest 
amount of asphalt, on an annual basis.
    (iii) If a sealant or adhesive applicator is shared by two or more 
asphalt roofing manufacturing lines, the shared applicator is 
considered part of the line that provides the greatest throughput to 
the applicator, on an annual basis.
    (c) An affected source is a new affected source if you commenced 
construction of the affected source after November 21, 2001, and you 
met the applicability criteria at the time you commenced construction.
    (d) An affected source is reconstructed if you meet the criteria in 
the reconstruction definition in Sec.  63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.


Sec.  63.8683  When must I comply with this subpart?

    (a) If you have a new or reconstructed affected source and start 
up:
    (1) On or before April 29, 2003, then you must comply with the 
requirements for new and reconstructed sources in this subpart no later 
than April 29, 2003.
    (2) After April 29, 2003, then you must comply with the 
requirements for new and reconstructed sources in this subpart upon 
startup.
    (b) If you have an existing affected source, you must comply with 
the requirements for existing sources no later than May 1, 2006.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a (or part of a) major source of 
HAP, then the following requirements apply:
    (1) Any portion of the existing facility that becomes a new or 
reconstructed affected source must be in compliance with this subpart 
upon startup or by April 29, 2003, whichever is later.
    (2) All other parts of the source to which this subpart applies 
must be in compliance with this subpart by 3 years after the date the 
source becomes a major source.
    (d) You must meet the notification requirements in Sec.  63.8692 
according to the schedules in Sec. Sec.  63.8692 and 63.9. Some of the 
notifications must be submitted before you are required to comply with 
the emission limitations in this subpart.

Emission Limitations


Sec.  63.8684  What emission limitations must I meet?

    (a) You must meet each emission limitation in Table 1 to this 
subpart that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.

General Compliance Requirements


Sec.  63.8685  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) 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) You must develop and implement a written site-specific 
monitoring plan according to the provisions in Sec.  63.8688(g) and 
(h).

Testing and Initial Compliance Requirements


Sec.  63.8686  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) For existing affected sources, you must conduct performance 
tests no later than 180 days after the compliance date that is 
specified for your source in Sec.  63.8683 and according to the 
provisions in Sec.  63.7(a)(2).
    (b) As an alternative to the requirement specified in paragraph (a) 
of this section, you may use the results of a previously-conducted 
emission test to demonstrate compliance with the emission limitations 
in this subpart if you demonstrate to the Administrator's satisfaction 
that:
    (1) No changes have been made to the process since the time of the 
emission test; and
    (2) The operating conditions and test methods used during testing 
conform to the requirements of this subpart; and
    (3) The control device and process parameter values established 
during the previously-conducted emission test are used to demonstrate 
continuous compliance with this subpart.
    (c) For new sources, you must demonstrate initial compliance no 
later than 180 calendar days after April 29, 2003 or within 180 
calendar days after startup of the source, whichever is later.


Sec.  63.8687  What performance tests, design evaluations, and other 
procedures must I use?

    (a) You must conduct each performance test in Table 3 to this 
subpart that applies to you.
    (b) Each performance test must be conducted under normal operating 
conditions and under the conditions specified in Table 3 to this 
subpart.

[[Page 24579]]

    (c) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec.  63.7(e)(1).
    (d) Except for opacity and visible emission observations, 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.
    (e) You must use the following equations to determine compliance 
with the emission limitations.
    (1) To determine compliance with the particulate matter mass 
emission rate, you must use Equations 1 and 2 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.000


Where:

E = Particulate matter emission rate, kilograms (pounds) of particulate 
matter per megagram (ton) of roofing product manufactured.
MPM = Particulate matter mass emission rate, kilograms 
(pounds) per hour, determined using Equation 2.
P = The asphalt roofing product manufacturing rate during the emissions 
sampling period, including any material trimmed from the final product, 
megagram (tons) per hour.
[GRAPHIC] [TIFF OMITTED] TR29AP03.001


Where:

MPM = Particulate matter mass emission rate, kilograms 
(pounds) per hour.
C = Concentration of particulate matter on a dry basis, grams per dry 
standard cubic meter (g/dscm), as measured by the test method specified 
in Table 3 to this subpart.
Q = Vent gas stream flow rate (dry standard cubic meters per minute) at 
a temperature of 20[deg]C as measured by the test method specified in 
Table 3 to this subpart.
K = Unit conversion constant (0.06 minute-kilogram/hour-gram.

    (2) To determine compliance with the total hydrocarbon percent 
reduction standard, you must use Equations 3 and 4 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.002


Where:

RE = Emission reduction efficiency, percent.
MTHCi = Mass flow rate of total hydrocarbons entering the 
control device, kilograms (pounds) per hour, determined using Equation 
4.
MTHCo = Mass flow rate of total hydrocarbons exiting the 
control device, kilograms (pounds) per hour, determined using Equation 
4.
[GRAPHIC] [TIFF OMITTED] TR29AP03.003


Where:

MTHC = Total hydrocarbon emission rate, kilograms (pounds) 
per hour.
C = Concentration of total hydrocarbons on a dry basis, parts per 
million by volume (ppmv), as measured by the test method specified in 
Table 3 to this subpart.
Q = Vent gas stream flow rate (dscmm) at a temperature of 20 [deg]C as 
measured by the test method specified in Table 3 to this subpart.
K = Unit conversion constant (3.00E-05) (ppmv)-1 (gram-mole/
standard cubic meter) (kilogram/gram) (minutes/hour)), where standard 
temperature for gram-mole/standard cubic meter is 20 [deg]C.

    (3) To determine compliance with the combustion efficiency 
standard, you must use Equation 5 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.004


Where:

CE = Combustion efficiency, percent.
CO = Carbon monoxide concentration at the combustion device outlet, 
parts per million by volume (dry), as measured by the test method 
specified in Table 3 to this subpart.
CO2 = Carbon dioxide concentration at the combustion device 
outlet, parts per million by volume (dry), as measured by the test 
method specified in Table 3 to this subpart.
THC = Total hydrocarbon concentration at the combustion device outlet, 
parts per million by volume (dry), as measured by the test method 
specified in Table 3 to this subpart.

    (4) To determine compliance with the total hydrocarbon destruction 
efficiency standard for a combustion device that does not use auxiliary 
fuel, you must use Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.005


Where:

THC DE = THC destruction efficiency, percent.
CO = Carbon monoxide concentration at the combustion device outlet, 
parts per million by volume (dry), as measured by the test method 
specified in Table 3 to this subpart.
CO2 = Carbon dioxide concentration at the combustion device 
outlet, parts per million by volume (dry), as measured by the test 
method specified in Table 3 to this subpart.
THC = Total hydrocarbon concentration at the combustion device outlet, 
parts per million by volume (dry), as measured by the test method 
specified in Table 3 to this subpart.


Sec.  63.8688  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) You must install, operate, and maintain each continuous 
parameter monitoring system (CPMS) according to the following:
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (2) To determine the 3-hour average, you must:
    (i) Have a minimum of four successive cycles of operation to have a 
valid hour of data.
    (ii) Have valid data from at least three of four equally spaced 
data values for that hour from a CPMS that is not out-of-control 
according to your site-specific monitoring plan.

[[Page 24580]]

    (iii) Determine the 3-hour average of all recorded readings for 
each operating day, except as stated in Sec.  63.8690(c). You must have 
at least two of the three hourly averages for that period using only 
hourly average values that are based on valid data (i.e., not from out-
of-control periods).
    (3) You must 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 the following:
    (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 2.8 [deg]C or 1.0 percent of 
the temperature value, whichever is larger.
    (3) If a chart recorder is used, it must have a sensitivity in the 
minor division of at least 20 [deg]F.
    (4) Perform an accuracy check at least semiannually or following an 
operating parameter deviation:
    (i) According to the procedures in the manufacturer's 
documentation; or
    (ii) By comparing the sensor output to redundant sensor output; or
    (iii) By comparing the sensor output to the output from a 
calibrated temperature measurement device; or
    (iv) By comparing the sensor output to the output from a 
temperature simulator.
    (5) Conduct accuracy checks any time the sensor exceeds the 
manufacturer's specified maximum operating temperature range or install 
a new temperature sensor.
    (6) At least quarterly or following an operating parameter 
deviation, perform visual inspections of components if redundant 
sensors are not used.
    (c) For each pressure measurement device, you must meet the 
requirements of paragraph (a) of this section and the following:
    (1) Locate the pressure sensor(s) in, or as close as possible, to a 
position that provides a representative measurement of the pressure.
    (2) Use a gauge with a minimum measurement sensitivity of 0.12 
kiloPascals or a transducer with a minimum measurement sensitivity of 5 
percent of the pressure range.
    (3) Check pressure tap pluggage daily. Perform an accuracy check at 
least quarterly or following an operating parameter deviation:
    (i) According to the procedures in the manufacturer's 
documentation; or
    (ii) By comparing the sensor output to redundant sensor output.
    (4) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (5) At least monthly or following an operating parameter deviation, 
perform a leak check of all components for integrity, all electrical 
connections for continuity, and all mechanical connections for leakage.
    (6) At least quarterly or following an operating parameter 
deviation, perform visible inspections on all components if redundant 
sensors are not used.
    (d) For monitoring parameters other than temperature and pressure 
drop, you must install and operate a CPMS to provide representative 
measurements of the monitored parameters.
    (e) For each flare, you must install a device (including but not 
limited to a thermocouple, an ultraviolet beam sensor, or an infrared 
sensor) capable of continuously detecting the presence of a pilot 
flame.
    (f) As an option to installing the CPMS specified in paragraph (a) 
of this section, you may install a continuous emissions monitoring 
system (CEMS) or a continuous opacity monitoring system (COMS) that 
meets the requirements specified in Sec.  63.8 and the applicable 
performance specifications of 40 CFR part 60, appendix B.
    (g) 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 CPMS, CEMS, or COMS 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).
    (h) 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), (c)(3), (c)(4)(ii), 
(c)(7), and (c)(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).
    (i) You must conduct a performance evaluation of each CPMS, CEMS, 
or COMS in accordance with your site-specific monitoring plan.
    (j) You must operate and maintain the CPMS, CEMS, or COMS in 
continuous operation according to the site-specific monitoring plan.


Sec.  63.8689  How do I demonstrate initial compliance with the 
emission limitations?

    (a) You must demonstrate initial compliance with each emission 
limitation that applies to you according to Table 4 to this subpart.
    (b) You must establish each site-specific operating limit in Table 
2 to this subpart that applies to you according to the requirements in 
Sec.  63.8687 and Table 3 to 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.  63.8692(e).

Continuous Compliance Requirements


Sec.  63.8690  How do I monitor and collect data to demonstrate 
continuous compliance?

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


Sec.  63.8691  How do I demonstrate continuous compliance with the 
operating limits?

    (a) You must demonstrate continuous compliance with each operating 
limit in Table 2 to this subpart that applies to you according to test 
methods specified in Table 5 to this subpart.

[[Page 24581]]

    (b) You must report each instance in which you did not meet each 
operating limit in Table 5 to this subpart that applies to you. This 
includes periods of startup, shutdown, and malfunction. These instances 
are deviations from the emission limitations in this subpart. These 
deviations must be reported according to the requirements in Sec.  
63.8693.
    (c) During periods of startup, shutdown, and malfunction, you must 
operate in accordance with the SSMP.
    (d) Consistent with Sec. Sec.  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 SSMP. The Administrator will 
determine whether deviations that occur during a period of startup, 
shutdown, or malfunction are violations, according to the provisions in 
Sec.  63.6(e).

Notifications, Reports, and Records


Sec.  63.8692  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(f), and 63.9(b) through (f) 
and (h) that apply to you by the dates specified.
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before April 29, 2003, you must submit an Initial Notification 
not later than 120 calendar days after April 29, 2003.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after April 29, 2003, you must 
submit an Initial Notification not later than 120 calendar days after 
you become subject to this subpart.
    (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, opacity observation, visible emission observation, or other 
initial compliance demonstration as specified in Table 3 or 4 to this 
subpart, you must submit a Notification of Compliance Status according 
to Sec.  63.9(h)(2)(ii). 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).
    (f) If you are using data from a previously-conducted emission test 
to serve as documentation of conformance with the emission standards 
and operating limits of this subpart, you must submit the test data in 
lieu of the initial performance test results with the Notification of 
Compliance Status required under paragraph (e) of this section.


Sec.  63.8693  What reports must I submit and when?

    (a) You must submit each report in Table 6 to 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 6 to this subpart and according to the following 
dates:
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.8683 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.  63.8683.
    (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.  63.8683.
    (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 the dates in paragraphs (b)(1) through (4) of this section.
    (c) The compliance report must contain the following information:
    (1) Company name and address.
    (2) Statement by a responsible official with 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) If you had a startup, shutdown or malfunction during the 
reporting period and you took actions consistent with your SSMP, the 
compliance report must include the information in Sec.  63.10(d)(5)(i).
    (5) If there are no deviations from any emission limitations 
(emission limit, operating limit, opacity limit, and visible emission 
limit) that apply to you, a statement that there were no deviations 
from the emission limitations during the reporting period.
    (6) If there were no periods during which the CPMS, CEMS, or COMS 
was out-of-control as specified in Sec.  63.8(c)(7), a statement that 
there were no periods during which the CPMS, CEMS, or COMS was out-of-
control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit, and visible emission limit), you must 
include the information in paragraphs (c)(1) through (6) of this 
section, and the information in paragraphs (d)(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 CPMS, CEMS, or COMS was 
inoperative, except for zero (low-level) and high-level checks.
    (3) The date, time and duration that each CPMS, CEMS, or COMS 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 CPMS, CEMS, or COMS downtime 
during the reporting period and the total duration of CPMS, CEMS, or 
COMS downtime as a percent of the total source operating time during 
that reporting period.
    (8) An identification of each air pollutant that was monitored at 
the affected source.

[[Page 24582]]

    (9) A brief description of the process units.
    (10) A brief description of the CPMS, CEMS, or COMS.
    (11) The date of the latest CPMS, CEMS, or COMS certification or 
audit.
    (12) A description of any changes in CPMS, CEMS, or COMS, 
processes, or controls since the last reporting period.
    (e) 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 6 to 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 emission limitation 
(including any operating limit), submission of the compliance report 
shall be deemed to satisfy any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a 
compliance report shall not otherwise affect any obligation the 
affected source may have to report deviations from permit requirements 
to the permit authority.
    (f) If acceptable to both the Administrator and you, you may submit 
reports and notifications electronically.


Sec.  63.8694  What records must I keep?

    (a) You must keep the following records:
    (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)(2)(xiv).
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, performance evaluations, and 
opacity and visible emission observations as required in Sec.  
63.10(b)(2)(viii).
    (b) You must keep the records in Sec.  63.6(h)(6) for visible 
emission observations.
    (c) You must keep the records required in Table 5 to this subpart 
to show continuous compliance with each operating limit that applies to 
you.
    (d) Records of any shared equipment determinations as specified in 
Sec.  63.8682(b).


Sec.  63.8695  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 each record 
for 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after 
the date of each 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.

Other Requirements and Information


Sec.  63.8696  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.


Sec.  63.8697  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (U.S. EPA), or a delegated authority 
such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency, in addition to the U.S. EPA, has the 
authority to implement and enforce this subpart. You should contact 
your U.S. EPA Regional Office to find out if implementation and 
enforcement of this subpart is delegated.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the following authorities are retained by the Administrator 
of U.S. EPA:
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.8681, 63.8682, 63.8683, 63.8684(a) through (c), 63.8686, 63.8687, 
63.8688, 63.8689, 63.8690, and 63.8691.
    (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.  63.8698  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 40 
CFR 63.2, the General Provisions of this part, and in this section as 
follows:
    Adhesive applicator means the equipment used to apply adhesive to 
roofing shingles for producing laminated or dimensional roofing 
shingles.
    Asphalt flux means the organic residual material from distillation 
of crude oil that is generally used in asphalt roofing manufacturing 
and paving and non-paving asphalt products.
    Asphalt loading rack means the equipment at an asphalt processing 
facility used to transfer oxidized asphalt from a storage tank into a 
tank truck, rail car, or barge.
    Asphalt processing facility means any facility engaged in the 
preparation of asphalt flux at stand-alone asphalt processing 
facilities, petroleum refineries, and asphalt roofing facilities. 
Asphalt preparation, called ``blowing,'' is the oxidation of asphalt 
flux, achieved by bubbling air through the heated asphalt, to raise the 
softening point and to reduce penetration of the oxidized asphalt. An 
asphalt processing facility includes one or more asphalt flux blowing 
stills, asphalt flux storage tanks storing asphalt flux intended for 
processing in the blowing stills, oxidized asphalt storage tanks, and 
oxidized asphalt loading racks.
    Asphalt roofing manufacturing facility means a facility consisting 
of one or more asphalt roofing manufacturing lines.
    Asphalt roofing manufacturing line means the collection of 
equipment used to manufacture asphalt roofing products through a series 
of sequential process steps. The equipment that comprises an asphalt 
roofing manufacturing line varies depending on the type of substrate 
used (i.e., organic or inorganic) and the final product manufactured 
(e.g., roll roofing, laminated shingles). For example, an asphalt 
roofing manufacturing line that uses fiberglass mat as a substrate 
typically would not include a saturator/wet looper (or the saturator/
wet looper could be bypassed if the line manufacturers multiple types 
of products). An asphalt roofing manufacturing line can include a 
saturator (including wet looper), coater, coating mixers, sealant 
applicators, adhesive applicators, and asphalt storage and process 
tanks. The number of asphalt roofing manufacturing lines at a 
particular facility is determined by the number of saturators (or 
coaters) operated in parallel. For example, an asphalt roofing 
manufacturing facility with two saturators (or coaters) operating in 
parallel would be considered to have two separate roofing manufacturing 
lines.

[[Page 24583]]

    Asphalt storage tank means any tank used to store asphalt flux, 
oxidized asphalt, and modified asphalt, at asphalt roofing 
manufacturing facilities, petroleum refineries, and asphalt processing 
facilities. Storage tanks containing cutback asphalts (asphalts diluted 
with solvents to reduce viscosity for low temperature applications) and 
emulsified asphalts (asphalts dispersed in water with an emulsifying 
agent) are not subject to this subpart.
    Blowing still means the equipment in which air is blown through 
asphalt flux to change the softening point and penetration rate of the 
asphalt flux, creating oxidized asphalt.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    Coater means the equipment used to apply amended (filled or 
modified) asphalt to the top and bottom of the substrate (typically 
fiberglass mat) used to manufacture shingles and rolled roofing 
products.
    Coating mixer means the equipment used to mix coating asphalt and a 
mineral stabilizer, prior to applying the stabilized coating asphalt to 
the substrate.
    Combustion device means an individual unit of equipment such as a 
flare, incinerator, process heater, or boiler used for the combustion 
of organic hazardous air pollutant vapors.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart, and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless of whether or not such failure is 
permitted by this subpart.
    Emission limitation means any emission limit, opacity limit, 
operating limit, or visible emission limit.
    Group 1 asphalt loading rack means an asphalt loading rack loading 
asphalt with a maximum temperature of 260 [deg]C (500 [deg]F) or 
greater or with a maximum true vapor pressure of 10.4 kiloPascals (kPa) 
(1.5 pounds per square inch absolute (psia)) or greater.
    Group 2 asphalt loading rack means an asphalt loading rack loading 
asphalt with a maximum temperature less than 260 [deg]C (500 [deg]F) or 
with a maximum true vapor pressure less than 10.4 kPa, 1.5 psia.
    Group 1 asphalt storage tank means an asphalt storage tank that 
meets both of the following two criteria:
    (1) Has a capacity of 177 cubic meters (47,000 gallons) of asphalt 
or greater; and
    (2) Stores asphalt at a maximum temperature of 260 [deg]C (500 
[deg]F) or greater, or has a maximum true vapor pressure of 10.4 kPa, 
(1.5, psia) or greater.
    Group 2 asphalt storage tank means any asphalt storage tank with a 
capacity of 1.93 megagrams (Mg) of asphalt or greater that is not a 
Group 1 asphalt storage tank.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by 
ducts or connections carrying flue gas.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the stored asphalt at its maximum storage temperature.
    Modified asphalt means asphalt that has been mixed with polymer 
modifiers.
    Oxidized asphalt means asphalt that has been prepared by passing 
air through liquid asphalt flux in a blowing still.
    Process heater means an enclosed combustion device that primarily 
transfers heat liberated by burning fuel directly to process streams or 
to heat transfer liquids other than water.
    Research and development equipment means any equipment whose 
primary purpose is to conduct research and development to develop new 
processes and products, where such equipment is operated under the 
close supervision of technically trained personnel and is not engaged 
in the manufacture of products for commercial sale in commerce, except 
in a de minimis manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Saturator means the equipment in which substrate (predominantly 
organic felt) is filled with asphalt. Saturators are predominantly used 
for the manufacture of saturated felt products. The term saturator 
includes the saturator and wet looper.
    Sealant applicator means the equipment used to apply a sealant 
strip to a roofing product. The sealant strip is used to seal 
overlapping pieces of roofing product after they have been applied.
    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 Clean Air Act.

Tables to Subpart LLLLL of Part 63

       Table 1 to Subpart LLLLL of Part 63.--Emission Limitations
------------------------------------------------------------------------
                                         You must meet the following
               For--                        emission limitation--
------------------------------------------------------------------------
1. Each blowing still, Group 1       a. Reduce total hydrocarbon mass
 asphalt loading rack, and Group 1    emissions by 95 percent, or to a
 asphalt storage tank at existing,    concentration of 20 ppmv, on a dry
 new, and reconstructed asphalt       basis corrected to 3 percent
 processing facilities; and each      oxygen;
 Group 1 asphalt storage tank at     b. Route the emissions to a
 existing, new, and reconstructed     combustion device achieving a
 roofing manufacturing lines; and     combustion efficiency of 99.5
 each coating mixer, saturator        percent;
 (including wet looper), coater,     c. Route the emissions to a
 sealant applicator, adhesive         combustion device that does not
 applicator, and Group 1 asphalt      use auxiliary fuel achieving a
 storage tank at new and              total hydrocarbon (THC)
 reconstructed asphalt roofing        destruction efficiency of 95.8
 manufacturing lines.                 percent;
                                     d. Route the emissions to a boiler
                                      or process heater with a design
                                      heat input capacity of 44
                                      megawatts (MW) or greater;
                                     e. Introduce the emissions into the
                                      flame zone of a boiler or process
                                      heater; or
                                     f. Route emissions to a flare
                                      meeting the requirements of Sec.
                                      63.11(b).

[[Page 24584]]

 
2. The total emissions from the      a. Limit particulate matter
 coating mixer, saturator             emissions to 0.04 kilograms
 (including wet looper), coater,      emissions per megagram (kg/Mg)
 sealant applicator, and adhesive     (0.08 pounds per ton, lb/ton) of
 applicator at each existing          asphalt shingle or mineral-
 asphalt roofing manufacturing        surfaced roll roofing produced; or
 line.a                              b. Limit particulate matter
                                      emissions to 0.4 kg/Mg (0.8 lb/
                                      ton) of saturated felt or smooth-
                                      surfaced roll roofing produced.
3. Each saturator (including wet     a. Limit exhaust gases to 20
 looper) and coater at existing,      percent opacity; and
 new, and reconstructed asphalt      b. Limit visible emissions from the
 roofing manufacturing lines.a        emission capture system to 20
                                      percent of any period of
                                      consecutive valid observations
                                      totaling 60 minutes.
4. Each Group 2 asphalt storage      Limit exhaust gases to 0 percent
 tank at existing, new, and           opacity.b
 reconstructed asphalt processing
 facility and asphalt roofing
 manufacturing lines.a
------------------------------------------------------------------------
a As an alternative to meeting the particulate matter and opacity
  limits, these emission sources may comply with the THC percent
  reduction or combustion efficiency standards.
b The opacity limit can be exceeded for on consecutive 15-minute period
  in any 24-hour period when the storage tank transfer lines are being
  cleared. During this 15-minute period, the control device must not be
  bypassed. If the emissions from the asphalt storage tank are ducted to
  the saturator control device, the combined emissions from the
  saturator and storage tank must meet the 20 percent opacity limit
  (specified in 4.a of table 1) during this 15-minute period. At any
  other time, the opacity limit applies to Group 2 asphalt storage
  tanks.


         Table 2 to Subpart LLLLL of Part 63.--Operating Limits
------------------------------------------------------------------------
               For--                              You must a
------------------------------------------------------------------------
1. Non-flare combustion devices      Maintain the 3-hour average b
 with a design heat input capacity    combustion zone temperature at or
 less than 44 MW or where the         above the operating limit
 emissions are not introduced into    established during the performance
 the flame zone.                      test.
2. Flares..........................  Meet the operating requirements
                                      specified in Sec.   63.11(b).
3. Control devices used to comply    a. Maintain the 3-hour average b
 with the particulate matter          inlet gas temperature at or below
 standards.                           the operating limit established
                                      during the performance test; and
                                     b. Maintain the 3-hour average b
                                      pressure drop across the device c
                                      at or below the operating limit
                                      established during the performance
                                      test.
4. Control devices other than        Maintain the approved monitoring
 combustion devices or devices used   parameters within the operating
 to comply with the particulate       limits established during the
 matter emission standards.           performance test.
------------------------------------------------------------------------
a The operating limits specified in Table 2 are applicable if you are
  monitoring control device operating parameters to demonstrate
  continuous compliance. If you are using a CEMS or COMS, you must
  maintain emissions below the value established during the initial
  performance test.
b A 15-minute averaging period can be used as an alternative to the 3-
  hour averaging period for this parameter.
c As an alternative to monitoring the pressure drop across the control
  device, owners or operators using an ESP to achieve compliance with
  the emission limits specified in Table 1 of this subpart can monitor
  the voltage to the ESP. If this option is selected, the ESP voltage
  must be maintained at or above the operating limit established during
  the performance test.


                  Table 3 to Subpart LLLLL of Part 63.--Requirements for Performance Tests a b
----------------------------------------------------------------------------------------------------------------
                                                                                      According to the following
               For--                       You must--                Using--                requirements--
----------------------------------------------------------------------------------------------------------------
1. All particulate matter, total     a. Select sampling      i. EPA test method 1    A. For demonstrating
 hydrocarbon, carbon monoxide, and    port's location and     or 1A in appendix A     compliance with the total
 carbon dioxide emission tests.       the number of           to part 60 of this      hydrocarbon percent
                                      traverse points.        chapter.                reduction standard, the
                                                                                      sampling sites must be
                                                                                      located at the inlet and
                                                                                      outlet of the control
                                                                                      device and prior to any
                                                                                      releases to the
                                                                                      atmosphere.
                                                                                     B. For demonstrating
                                                                                      compliance with the
                                                                                      particulate matter mass
                                                                                      emission rate, THC
                                                                                      destruction efficiency,
                                                                                      THC outlet concentration,
                                                                                      or combustion efficiency
                                                                                      standards, the sampling
                                                                                      sites must be located at
                                                                                      the outlet of the control
                                                                                      device and prior to any
                                                                                      releases to the
                                                                                      atmosphere.
2. All particulate matter and total  Determine velocity and  EPA test method 2, 2A,
 hydrocarbon tests.                   volumetric flow rate.   2C, 2D, 2F, or 2G, as
                                                              appropriate, in
                                                              appendix A to part 60
                                                              of this chapter.
3. All particulate matter and total  Determine the gas       EPA test method 3, 3A,
 hydrocarbon tests.                   molecular weight used   3B, as appropriate,
                                      for flow rate           in appendix A to part
                                      determination.          60 of this chapter.
4. All particulate matter, total     Measure moisture        EPA test method 4 in
 hydrocarbon, carbon monoxide, and    content of the stack    appendix A to part 60
 carbon dioxide emission tests.       gas.                    of this chapter.

[[Page 24585]]

 
5. All particulate matter emission   Measure the asphalt
 tests.                               processing rate or
                                      the asphalt roofing
                                      manufacturing rate
                                      and the asphalt
                                      content of the
                                      product manufactured,
                                      as appropriate.
6. Each control device used to       Measure the             EPA test method 5A in   For demonstrating
 comply with the particulate matter   concentration of        appendix A to part 60   compliance with the
 emission standards.                  particulate matter.     of this chapter.        particulate matter
                                                                                      standard, the performance
                                                                                      tests must be conducted
                                                                                      under normal operating
                                                                                      conditions and while
                                                                                      manufacturing the roofing
                                                                                      product that is expected
                                                                                      to result in the greatest
                                                                                      amount of hazardous air
                                                                                      pollutant emissions.
7. All opacity tests...............  Conduct opacity         EPA test method 9 in    Conduct opacity
                                      observations.           appendix A to part 60   observations for at least
                                                              of this chapter.        3 hours and obtain 30, 6-
                                                                                      minute averages.
8. All visible emission tests......  Conduct visible         EPA test method 22 in   Modify EPA test method 22
                                      emission observations.  appendix A to part 60   such that readings are
                                                              of this chapter.        recorded every 15 seconds
                                                                                      for a period of
                                                                                      consecutive observations
                                                                                      totaling 60 minutes.
9. Each combustion device used to    a. Measure the          EPA test method 3A in   ...........................
 comply with the combustion           concentration of        appendix A to part 60
 efficiency or THC standards.         carbon dioxide.         of this chapter.
                                     b. Measure the          EPA test method 10 in
                                      concentration of        appendix A to part 60
                                      carbon monoxide.        of this chapter.
                                     c. Measure the          EPA test method 25A in  ...........................
                                      concentration of        appendix A to part 60
                                      total hydrocarbons.     of this chapter.
10. Each control device used to      Measure the             EPA test method 25A in  ...........................
 comply with the THC reduction        concentration of        appendix A to part 60
 efficiency or outlet concentration   total hydrocarbons.     of this chapter.
 standards.
11. Each combustion device.........  Establish a site-       Data from the CPMS and  You must collect combustion
                                      specific combustion     the applicable          zone temperature data
                                      zone temperature        performance test        every 15 minutes during
                                      limit.                  method(s).              the entire period of the
                                                                                      initial 3-hour performance
                                                                                      test, and determine the
                                                                                      average combustion zone
                                                                                      temperature over the 3-
                                                                                      hour performance test by
                                                                                      computing the average of
                                                                                      all of the 15-minute
                                                                                      readings.
12. Each control device used to      Establish a site-       Data from the CPMS and  You must collect the inlet
 comply with the particulate matter   specific inlet gas      the applicable          gas temperature and
 emission standards.                  temperature limit;      performance test        pressure drop b data every
                                      and establish a site-   method(s).              15 minutes during the
                                      specific limit for                              entire period of the
                                      the pressure drop                               initial 3-hour performance
                                      across the device.                              test, and determine the
                                                                                      average inlet gas
                                                                                      temperature and pressure
                                                                                      drop c over the 3-hour
                                                                                      performance test by
                                                                                      computing the average of
                                                                                      all of the 15-minute
                                                                                      readings.
13. Each control device other than   Establish site-         Process data and data   You must collect monitoring
 a combustion device or device used   specific monitoring     from the CPMS and the   parameter data every 15
 to comply with the particulate       parameters.             applicable              minutes during the entire
 matter emission standards.                                   performance test        period of the initial 3-
                                                              method(s).              hour performance test, and
                                                                                      determine the average
                                                                                      monitoring parameter
                                                                                      values over the 3-hour
                                                                                      performance test by
                                                                                      computing the average of
                                                                                      all of the 15-minute
                                                                                      readings.
14. Each flare used to comply with   Assure that the flare   The requirements of
 the THC percent reduction or PM      is operated and         Sec.   63.11(b).
 emission limits.                     maintained in
                                      conformance with its
                                      design.
----------------------------------------------------------------------------------------------------------------
a As specified in Sec.   63.8687(e), you may request that data from a previously-conducted emission test serve
  as documentation of conformance with the emission standards and operating limits of this subpart.
b Performance tests are not required if: (1) The emissions are routed to a boiler or process heater with a
  design heat input capacity of 44 MW or greater; or (2) the emissions are introduced into the flame zone of a
  boiler or process heater.
c As an alternative to monitoring the pressure drop across the control device, owners or operators using an ESP
  to achieve compliance with the emission limits specified in Table 1 of this subpart can monitor the voltage to
  the ESP.


[[Page 24586]]


 Table 4 to Subpart LLLLL to Part 63.--Initial Compliance With Emission
                               Limitations
------------------------------------------------------------------------
                                For the following
                                     emission      You have demonstrated
             For--                 limitation--      initial compliance
                                                            if--
------------------------------------------------------------------------
1. Each blowing still, Group 1  a. Reduce total    i. The total
 asphalt loading rack, and       hydrocarbon mass   hydrocarbon
 Group 1 asphalt storage tank,   emissions by 95    emissions,
 at existing, new, and           percent or to a    determined using the
 reconstructed asphalt           concentration of   equations in Sec.
 processing facilities.          20 ppmv, on a      63.8687 and the test
                                 dry basis          methods and
                                 corrected to 3     procedures in Table
                                 percent oxygen.    3 to this subpart,
                                                    over the period of
                                                    the performance test
                                                    are reduced by at
                                                    least 95 percent by
                                                    weight or to a
                                                    concentration of 20
                                                    ppmv, on a dry basis
                                                    corrected to 3
                                                    percent oxygen; and
                                                   ii. You have a record
                                                    of the average
                                                    control device
                                                    operating parameters
                                                    \a\ over the
                                                    performance test
                                                    during which
                                                    emissions were
                                                    reduced according to
                                                    1.a.i. of this
                                                    table.
                                b. Route the       i. The combustion
                                 emissions to a     efficiency of the
                                 combustion         combustion device,
                                 device achieving   determined using the
                                 a combustion       equations in Sec.
                                 efficiency of      63.8687 and the test
                                 99.5 percent.      methods and
                                                    procedures in Table
                                                    3 to this subpart,
                                                    over the period of
                                                    the performance test
                                                    is at least 99.5
                                                    percent; and
                                                   ii. You have a record
                                                    of the average
                                                    combustion zone
                                                    temperature \a\ and
                                                    carbon monoxide,
                                                    carbon dioxide, and
                                                    total hydrocarbon
                                                    outlet
                                                    concentrations over
                                                    the performance test
                                                    during which the
                                                    combustion
                                                    efficiency was at
                                                    least 99.5 percent.
                                c. Route the       i. The THC
                                 emissions to a     destruction
                                 combustion         efficiency of the
                                 device that does   combustion device,
                                 not use            determined using the
                                 auxiliary fuel     equations in Sec.
                                 achieving a THC    63.8687 and the test
                                 destruction        methods and
                                 efficiency of      procedures in Table
                                 95.8 percent.      3 to this subpart,
                                                    over the period of
                                                    the performance test
                                                    is at least 95.8
                                                    percent; and
                                                   ii. You have a record
                                                    of the average
                                                    combustion zone
                                                    temperature \a\ and
                                                    carbon monoxide,
                                                    carbon dioxide, and
                                                    total hydrocarbon
                                                    outlet
                                                    concentrations over
                                                    the performance test
                                                    during which the THC
                                                    destruction
                                                    efficiency was at
                                                    least 95.8 percent.
                                d. Route           You have a record of
                                 emissions to a     the boiler or
                                 boiler or          process heater
                                 process heater     design heat
                                 with a design      capacity.
                                 heat input
                                 capacity of 44
                                 MW or greater.
                                e. Introduce the   You have a record
                                 emissions into     that shows the
                                 the flame zone     emissions are being
                                 of a boiler or     introduced into the
                                 process heater.    boiler or process
                                                    heater flame zone.
                                f. Route           You have a record of
                                 emissions to a     the flare design and
                                 flare meeting      operating
                                 the requirements   requirements.
                                 of Sec.
                                 63.11(b).
2. Each coating mixer,          a. Reduce total    See 1.a.i. and ii. of
 saturator (including wet        hydrocarbon mass   this table.
 looper), coater, sealant        emissions by 95
 applicator, adhesive            percent or to a
 applicator, and Group 1         concentration of
 asphalt storage tank at new     20 ppmv, on a
 and reconstructed asphalt       dry basis
 roofing manufacturing lines.    corrected to 3
                                 percent oxygen.
                                b. Route the       See 1.b.i. and ii. of
                                 emissions to a     this table.
                                 combustion
                                 device achieving
                                 a combustion
                                 efficiency of
                                 99.5 percent.
                                c. Route the       See 1.c.i. and ii. of
                                 emissions to a     this table.
                                 combustion
                                 device that does
                                 not use
                                 auxiliary fuel
                                 achieving a THC
                                 destruction
                                 efficiency of
                                 95.8 percent.
                                d. Route           See 1.d. of this
                                 emissions to a     table.
                                 boiler or
                                 process heater
                                 with a design
                                 heat input
                                 capacity of 44
                                 MW or greater.
                                e. Introduce the   See 1.e. of this
                                 emissions into     table.
                                 the flame zone
                                 of a boiler or
                                 process heater.
                                f. Route           See 1.f. of this
                                 emissions to a     table.
                                 flare meeting
                                 the requirements
                                 of Sec.
                                 63.11(b).
3. The total emissions from     a. Limit PM        i. The PM emissions,
 the coating mixer, saturator    emissions to       determined using the
 (including wet looper),         0.04 kg/Mg (0.08   equations in Sec.
 coater, sealant applicator,     lb/ton) of         63.8687 and the test
 and adhesive applicator at      asphalt shingle    methods and
 each existing asphalt roofing   or mineral-        procedures in Table
 manufacturing line.             surfaced roll      3 to this subpart,
                                 roofing produced.  over the period of
                                                    the performance test
                                                    are no greater than
                                                    the applicable
                                                    emission limitation;
                                                    and
                                                   ii. You have a record
                                                    of the average
                                                    control device a or
                                                    process parameters
                                                    over the performance
                                                    test during which
                                                    the particulate
                                                    matter emissions
                                                    were no greater than
                                                    the applicable
                                                    emission limitation.

[[Page 24587]]

 
                                b. Limit PM        See 3.a.i. and ii. of
                                 emissions to 0.4   this table.
                                 kg/Mg (0.8 lb/
                                 ton) of
                                 saturated felt
                                 or smooth-
                                 surfaced roll
                                 roofing produced.
4. Each saturator (including    a. Limit visible   The visible
 wet looper) and coater at an    emissions from     emissions, measured
 existing, new, or               the emissions      using EPA test
 reconstructed asphalt roofing   capture system     method 22, for any
 manufacturing line.             to 20 percent of   period of
                                 any period of      consecutive valid
                                 consecutive        observations
                                 valid              totaling 60 minutes
                                 observations       during the initial
                                 totaling 60        compliance period
                                 minutes.           described in Sec.
                                                    63.8686(b) do not
                                                    exceed 20 percent.
                                b. Limit opacity   The opacity, measured
                                 emissions to 20    using EPA test
                                 percent.           method 9, for each
                                                    of the first 30 6-
                                                    minute averages
                                                    during the initial
                                                    compliance period
                                                    described in Sec.
                                                    63.8686(b) does not
                                                    exceed 20 percent.
5. Each Group 2 asphalt         Limit exhaust      The opacity, measured
 storage tank at existing,       gases to 0         using EPA test
 new, and reconstructed          percent opacity.   method 9, for each
 asphalt processing facilities                      of the first 30 6-
 and asphalt roofing                                minute averages
 manufacturing lines.                               during the initial
                                                    compliance period
                                                    described in Sec.
                                                    63.8686(b) does not
                                                    exceed 0 percent.
------------------------------------------------------------------------
a If you use a CEMS or COMS to demonstrate compliance with the emission
  limits, you are not required to record control device operating
  parameters.


    Table 5 to Subpart LLLLL of Part 63.--Continuous Compliance With
                           Operating Limits a
------------------------------------------------------------------------
                                For the following   You must demonstrate
             For--              operating limit--  continuous compliance
                                                            by--
------------------------------------------------------------------------
1. Each non-flare combustion    a. Maintain the 3- i. Passing the
 device.b                        hour c average     emissions through
                                 combustion zone    the control device;
                                 temperature at     and
                                 or above the      ii. Collecting the
                                 operating limit    combustion zone
                                 establishing       temperature data
                                 during the         according to Sec.
                                 performance test.  63.8688(b); and
                                                   iii. Reducing
                                                    combustion zone
                                                    temperature data to
                                                    3-hour c averages
                                                    according to
                                                    calculations in
                                                    Table 3 to this
                                                    subpart; and
                                                   iv. Maintaining the 3-
                                                    hour c average
                                                    combustion zone
                                                    temperature within
                                                    the level
                                                    established during
                                                    the performance
                                                    test.
2. Each flare.................  Meet the           The flare pilot light
                                 operating          must be present at
                                 requirements       all times and the
                                 specified in       flare must be
                                 Sec.   63.11(b).   operating at all
                                                    times that emissions
                                                    may be vented to it.
3. Control devices used to      a. Maintain the 3- i. Passing the
 comply with the particulate     hour c average     emissions through
 matter emission standards.      inlet gas          the control device;
                                 temperature and    and
                                 pressure drop     ii. Collecting the
                                 across device d    inlet gas
                                 at or below the    temperature and
                                 operating limits   pressure drop d data
                                 established        according to Sec.
                                 during the         63.8688 (b) and (c);
                                 performance test.  and
                                                   iii. Reducing inlet
                                                    gas temperature and
                                                    pressure drop d data
                                                    to 3-hour c averages
                                                    according to
                                                    calculations in
                                                    Table 3 to this
                                                    subpart; and
                                                   iv. Maintaining the 3-
                                                    hour c average inlet
                                                    gas temperature and
                                                    pressure drop d
                                                    within the level
                                                    established during
                                                    the performance
                                                    test.
4. Control devices other than   a. Maintain the    i. Passing the
 combustion devices or devices   monitoring         emissions through
 used to comply with the         parameters         the devices;
 particulate matter emission.    within the        ii. Collecting the
                                 operating limits   monitoring parameter
                                 established        data according to
                                 during the         Sec.   63.8688(d);
                                 performance test.  and
                                                   iii. Reducing the
                                                    monitoring parameter
                                                    data to 3-hour c
                                                    averages according
                                                    to calculations in
                                                    Table 3 to this
                                                    subpart; and
                                                   iv. Maintaining the
                                                    monitoring
                                                    parameters within
                                                    the level
                                                    established during
                                                    the performance
                                                    test.
------------------------------------------------------------------------
a The operating limits specified in Table 2 and the requirements
  specified in Table 5 are applicable if you are monitoring control
  device operating parameters to demonstrate continuous compliance. If
  you use a CEMS or COMS to demonstrate compliance with the emission
  limits, you are not required to record control device operating
  parameters. However, you must maintain emissions below the value
  established during the initial performance test. Data from the CEMS
  and COMS must be reduced as specified in Sec.   63.9(g).
b Continuous parameter monitoring is not required if (1) the emissions
  are routed to a boiler or process heater with a with a design heat
  input capacity of 44 MW or greater; or (2) the emissions are
  introduced into the flame zone of a boiler or process heater.
c A 15-minute averaging period can be used as an alternative to the 3-
  hour averaging period for this parameter.
d As an alternative to monitoring the pressure drop across the control
  device, owners or operators using an ESP to achieve compliance with
  the emission limits specified in Table 1 of this subpart can monitor
  the voltage to the ESP. If this option is selected, the ESP voltage
  must be maintained at or above the operating limit established during
  the performance test.


                          Table 6 to Subpart LLLLL of Part 63--Requirements for Reports
----------------------------------------------------------------------------------------------------------------
           You must submit--                    The report must contain--          You must submit the report--
----------------------------------------------------------------------------------------------------------------
1. An initial notification............  The information in Sec.   63.9(b).......  According to the requirements
                                                                                   in Sec.   63.9(b).
2. A notification of performance test.  A written notification of the intent to   At least 60 calendar days
                                         conduct a performance test.               before the performance test
                                                                                   is scheduled to begin, as
                                                                                   required in Sec.   63.9(e).
3. A notification of opacity and        A written notification of the intent to   According to the requirements
 visible emission observations.          conduct opacity and visible emission      in Sec.   63.9(f).
                                         observations.

[[Page 24588]]

 
4. Notification of compliance status..  The information in Sec.   63.9(h)(2)      According to the requirements
                                         through (5), as applicable.               in Sec.   63.9(h)(2) through
                                                                                   (5), as applicable.
5. A compliance report................  a. A statement that there were no         Semiannually according to the
                                         deviations from the emission              requirements in Sec.
                                         limitations during the reporting          63.8693(b).
                                         period, if there are no deviations from
                                         any emmission limitations (emission
                                         limit, operating limit, opacity limit,
                                         and visible emission limit) that apply
                                         to you.
                                        b. If there were no periods during which  Semiannually according to the
                                         the CPMS, CEMS, or COMS was out-of-       requirements in Sec.
                                         control as specified in Sec.              63.8693(b).
                                         63.8(c)(7), a statement that there were
                                         no periods during which the CPMS, CEMS,
                                         or COMS was out-of-control during the
                                         reporting period.
                                        c. If you have a deviation from any       Semiannually according to the
                                         emission limitation (emission limit,      requirements in Sec.
                                         operating limit, opacity limit, and       63.8693(b).
                                         visible emission limit), the report
                                         must contain the information in Sec.
                                         63.8693(c). If there were periods
                                         during which the CPMS, CEMS, or COMS
                                         was out-of-control, as specified in
                                         Sec.   63.8(c)(7), the report must
                                         contain the information in Sec.
                                         63.8693(d).
                                        d. If you had a startup, shutdown or      Semiannually according to the
                                         malfunction during the reporting period   requirements in Sec.
                                         and you took actions consistent with      63.8693(b).
                                         your startup, shutdown, and malfunction
                                         plan, the compliance report must
                                         include the information in Sec.
                                         63.10(d)(5)(i).
6. An immediate startup, shutdown, and  The information in Sec.                   By fax or telephone within 2
 malfunction report if you have a        63.10(d)(5)(ii).                          working days after starting
 startup, shutdown, or malfunction                                                 actions inconsistent with the
 during the reporting period and                                                   plan followed by a letter
 actions taken were not consistent                                                 within 7 working days after
 with your startup, shutdown, and                                                  the end of the event unless
 malfunction plan.                                                                 you have made alternative
                                                                                   arrangements with the
                                                                                   permitting authority.
----------------------------------------------------------------------------------------------------------------


           Table 7 to Subpart LLLLL of Part 63.--Applicability of General Provisions to Subpart LLLLL
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
          Citation                       Subject                  Brief description                LLLLL
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.................  Applicability...............  Initial Applicability         Yes.
                                                             Determination;
                                                             Applicability After
                                                             Standard Established;
                                                             Permit Requirements;
                                                             Extensions, Notifications.
Sec.   63.2.................  Definitions.................  Definitions for part 63       Yes.
                                                             standards.
Sec.   63.3.................  Units and Abbreviations.....  Units and abbreviations for   Yes.
                                                             part 63 standards.
Sec.   63.4.................  Prohibited Activities.......  Prohibited Activities;        Yes.
                                                             Compliance date;
                                                             Circumvention, Severability.
Sec.   63.5.................  Construction/Reconstruction.  Applicability; applications;  Yes.
                                                             approvals.
Sec.   63.6(a)..............  Applicability...............  GP apply unless compliance    Yes.
                                                             extension GP apply to area
                                                             sources that become major.
Sec.   63.6(b)(1)-(4).......  Compliance Dates for New and  Standards apply at effective  Yes.
                               Reconstructed sources.        date; 3 years after
                                                             effective date; upon
                                                             startup; 10 years after
                                                             construction or
                                                             reconstruction commences
                                                             for section 112(f).
Sec.   63.6(b)(5)...........  Notification................  Must notify if commenced      Yes.
                                                             construction or
                                                             reconstruction after
                                                             proposal.
Sec.   63.6(b)(6)...........  [Reserved]..................
Sec.   63.6(b)(7)...........  Compliance Dates for New and  Area sources that become      Yes.
                               Reconstructed Area Sources    major must comply with
                               That Become Major.            major source standards
                                                             immediately upon becoming
                                                             major, regardless of
                                                             whether required to comply
                                                             when they were an area
                                                             source.
Sec.   63.6(c)(1)-(2).......  Compliance Dates for          1. Comply according to date   Yes.
                               Existing Sources.             in subpart, which must be
                                                             no later than 3 years after
                                                             effective date.
                                                            2. For section 112(f)
                                                             standards, comply within 90
                                                             days of effective date
                                                             unless compliance extension
                                                             has been granted.
Sec.   63.6(c)(3)-(4).......  [Reserved]..................
Sec.   63.6(c)(5)...........  Compliance Dates for          Area sources that become      Yes.
                               Existing Area Sources That    major must comply with
                               Become Major.                 major source standards by
                                                             date indicated in subpart
                                                             or by equivalent time
                                                             period (for example, 3
                                                             years).

[[Page 24589]]

 
Sec.   63.6(d)..............  [Reserved]..................
Sec.   63.6(e)(1)...........  Operation & Maintenance.....  1. Operate to minimize        Yes.
                                                             emissions at all times.
                                                            2. Correct malfunctions as
                                                             soon as practicable.
                                                            3. Operation and maintenance
                                                             requirements independently
                                                             enforceable; information
                                                             Administrator will use to
                                                             determine if operation and
                                                             maintenance requirements
                                                             were met.
Sec.   63.6(e)(2)...........  [Reserved]..................
Sec.   63.6(e)(3)...........  Startup, Shutdown, and        1. Requirement for SSM and    Yes.
                               Malfunction (SSM) Plan        startup, shutdown,
                               (SSMP).                       malfunction plan.
                                                            2. Content of SSMP..........
Sec.   63.6(f)(1)...........  Compliance Except During SSM  You must comply with          Yes.
                                                             emission standards at all
                                                             times except during SSM.
Sec.   63.6(f)(2)-(3).......  Methods for Determining       Compliance based on           Yes.
                               Compliance.                   performance test, operation
                                                             and maintenance plans,
                                                             records, inspection.
Sec.   63.6(g)(1)-(3).......  Alternative Nonopacity        Procedures for getting an     Yes.
                               Standard.                     alternative nonopacity
                                                             standard.
Sec.   63.6(h)..............  Opacity/Visible Emission      Requirements for opacity and  Yes.
                               (VE) Standards.               VE limits.
Sec.   63.6(h)(1)...........  Compliance with Opacity/VE    You must comply with opacity/ Yes.
                               Standards.                    VE emission limitations at
                                                             all times except during SSM.
Sec.   63.6(h)(2)(i)........  Determining Compliance with   If standard does not state    No. The test methods
                               Opacity/VE Standards.         test method, use EPA test     for opacity and
                                                             method 9, 40 CFR 60,          visible emissions are
                                                             appendix A for opacity and    specified in Sec.
                                                             EPA test method 22, 40 CFR    63.8687.
                                                             60, appendix A for VE.
Sec.   63.6(h)(2)(ii).......  [Reserved]..................
Sec.   63.6(h)(2)(iii)......  Using Previous Tests to       Criteria for when previous    Yes.
                               Demonstrate Compliance with   opacity/VE testing can be
                               Opacity/VE Standards.         used to show compliance
                                                             with this rule.
Sec.   63.6(h)(3)...........  [Reserved]..................
Sec.   63.6(h)(4)...........  Notification of Opacity/VE    Must notify Administrator of  Yes.
                               Observation Date.             anticipated date of
                                                             observation.
Sec.   63.6(h)(5)(i), (iii)-  Conducting Opacity/VE         Dates and Schedule for        Yes.
 (v).                          Observations.                 conducting opacity/VE
                                                             observations.
Sec.   63.6(h)(5)(ii).......  Opacity Test Duration and     Must have at least 3 hours    Yes.
                               Averaging Times.              of observation with thirty
                                                             6-minute averages.
Sec.   63.6(h)(6)...........  Records of Conditions During  Must keep records available   Yes.
                               Opacity/VE Observations.      and allow Administrator to
                                                             inspect.
Sec.   63.6(h)(7)(i)........  Report COMS Monitoring Data   Must submit COMS data with    Yes, if COMS used.
                               from Performance Test.        other performance test data.
Sec.   63.6(h)(7)(ii).......  Using COMS instead of EPA     Can submit COMS data instead  Yes, if COMS used.
                               test method 9, 40 CFR 60,     of EPA test method 9, 40
                               appendix A.                   CFR 60, appendix A results
                                                             even if rule requires EPA
                                                             test method 9, 40 CFR 60,
                                                             appendix A, but must notify
                                                             Administrator before
                                                             performance test.
Sec.   63.6(h)(7)(iii)......  Averaging time for COMS       To determine compliance,      Yes, if COMS used.
                               during performance test.      must reduce COMS data to 6-
                                                             minute averages.
Sec.   63.6(h)(7)(iv).......  COMS requirements...........  Owner/operator must           Yes, if COMS used.
                                                             demonstrate that COMS
                                                             performance evaluations are
                                                             conducted according to Sec.
                                                               63.8(e), COMS are
                                                             properly maintained and
                                                             operated according to Sec.
                                                              63.8(c) and data quality
                                                             as Sec.   63.8(d).
Sec.   63.6(h)(7)(v)........  Determining Compliance with   COMS is probative but not     Yes, if COMS used.
                               Opacity/VE Standards.         conclusive evidence of
                                                             compliance with opacity
                                                             standard, even if EPA test
                                                             method 9, 40 CFR 60,
                                                             appendix A observation
                                                             shows otherwise.
                                                             Requirements for COMS to be
                                                             probative evidence, proper
                                                             maintenance, meeting PS 1,
                                                             and data have not been
                                                             altered.
Sec.   63.6(h)(8)...........  Determining Compliance with   Administrator will use all    Yes.
                               Opacity/VE Standards.         COMS, EPA test method 9, 40
                                                             CFR 60, appendix A, and EPA
                                                             test method 22, 40 CFR 60,
                                                             appendix A results, as well
                                                             as information about
                                                             operation and maintenance
                                                             to determine compliance.
Sec.   63.6(h)(9)...........  Adjusted Opacity Standard...  Procedures for Administrator  Yes.
                                                             to adjust an opacity
                                                             standard.
Sec.   63.6(i)..............  Compliance Extension........  Procedures and criteria for   Yes.
                                                             Administrator to grant
                                                             compliance extension.
Sec.   63.6(j)..............  Presidential Compliance       President may exempt source   Yes.
                               Exemption.                    category from requirement
                                                             to comply with rule.

[[Page 24590]]

 
Sec.   63.7(a)(1)-(2).......  Performance Test Dates......  Dates for conducting initial  Yes.
                                                             performance 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   Yes.
                                                             performance test under CAA
                                                             section 114 at any time.
Sec.   63.7(b)(1)...........  Notification of Performance   Must notify Administrator 60  Yes.
                               Test.                         days before the test.
Sec.   63.7(b)(2)...........  Notification of Rescheduling  If rescheduling a             Yes.
                                                             performance test is
                                                             necessary, must notify
                                                             Administrator 5 days before
                                                             scheduled date of
                                                             rescheduled date.
Sec.   63.7(c)..............  Quality Assurance/Test Plan.  1. Requirement to submit      Yes.
                                                             site-specific test plan 60
                                                             days before the test or on
                                                             date Administrator agrees
                                                             with:
                                                            2. Test plan approval
                                                             procedures.
                                                            3. Performance audit
                                                             requirements.
                                                            4. Internal and external QA
                                                             procedures for testing.
Sec.   63.7(d)..............  Testing Facilities..........  Requirements for testing      Yes.
                                                             facilities
Sec.   63.7(e)(1)...........  Conditions for Conducting     1. Performance tests must be  Yes.
                               Performance Tests.            conducted under
                                                             representative conditions.
                                                             Cannot conduct performance
                                                             tests during SSM.
                                                            2. Not a violation to exceed
                                                             standard during SSM.
Sec.   63.7(e)(2)...........  Conditions for Conducting     Must conduct according to     Yes.
                               Performance Tests.            rule and EPA test methods
                                                             unless Administrator
                                                             approves alternative.
Sec.   63.7(e)(3)...........  Test Run Duration...........  1. Must have three test runs  Yes.
                                                             of at least 1 hour each.
                                                            2. Compliance is based on
                                                             arithmetic mean of three
                                                             runs.
                                                            3. Conditions when data from
                                                             an additional test run can
                                                             be used.
Sec.   63.7(f)..............  Alternative Test Method.....  Procedures by which           Yes.
                                                             Administrator can grant
                                                             approval to use an
                                                             alternative test method.
Sec.   63.7(g)..............  Performance Test Data         1. Must include raw data in   Yes.
                               Analysis.                     performance test report.
                                                            2. Must submit performance
                                                             test data 60 days after end
                                                             of test with the
                                                             Notification of Compliance
                                                             Status.
                                                            3. Keep data for 5 years....
Sec.   63.7(h)..............  Waiver of Tests.............  Procedures for Administrator  Yes.
                                                             to waive performance test.
Sec.   63.8(a)(1)...........  Applicability of Monitoring   Subject to all monitoring     Yes.
                               Requirements.                 requirements in standard.
Sec.   63.8(a)(2)...........  Performance Specifications..  Performance Specifications    Yes, if CEMS used.
                                                             in appendix B of part 60
                                                             apply.
Sec.   63.8(a)(3)...........  [Reserved]
Sec.   63.8(a)(4)...........  Monitoring with Flares......  Unless your rule says         Yes.
                                                             otherwise, the requirements
                                                             for flares in Sec.   63.11
                                                             apply.
Sec.   63.8(b)(1)...........  Monitoring..................  Must conduct monitoring       Yes.
                                                             according to standard
                                                             unless Administrator
                                                             approves alternative.
Sec.   63.8(b) (2)-(3)......  Multiple Effluents and        1. Specific requirements for  Yes.
                               Multiple Monitoring Systems.  installing monitoring
                                                             systems.
                                                            2. Must install on each
                                                             effluent before it is
                                                             combined and before it is
                                                             released to the atmosphere
                                                             unless Administrator
                                                             approves otherwise.
                                                            3. If more than one
                                                             monitoring system on an
                                                             emission point, must report
                                                             all monitoring system
                                                             results, unless one
                                                             monitoring system is a
                                                             backup.
Sec.   63.8(c)(1)...........  Monitoring System Operation   Maintain monitoring system    Yes.
                               and Maintenance.              in a manner consistent with
                                                             good air pollution control
                                                             practices.
Sec.   63.8(c)(1)(i)........  Routine and Predictable CMS   1. Follow the SSM plan for    Yes.
                               malfunction.                  routine repairs.
                                                            2. Keep parts for routine
                                                             repairs readily available.
                                                            3. Reporting requirements
                                                             for CMS malfunction when
                                                             action is described in SSM
                                                             plan.
Sec.   63.8(c)(1)(ii).......  CMS malfunction not in SSP    Reporting requirements for    Yes.
                               plan.                         CMS malfunction when action
                                                             is not described in SSM
                                                             plan.

[[Page 24591]]

 
Sec.   63.8(c)(1)(iii)......  Compliance with Operation     1. How Administrator          Yes.
                               and Maintenance               determines if source
                               Requirements.                 complying with operation
                                                             and maintenance
                                                             requirements.
                                                            2. Review of source O&M
                                                             procedures, records,
                                                             manufacturer's
                                                             instructions,
                                                             recommendations, and
                                                             inspection of monitoring
                                                             system.
Sec.   63.8(c)(2)-(3).......  Monitoring System             1. Must install to get        Yes.
                               Installation.                 representative emission and
                                                             parameter measurements.
                                                            2. Must verify operational
                                                             status before or at
                                                             performance test.
Sec.   63.8(c)(4)...........  CMS Requirements............  CMS must be operating except  No; Sec.   63.8690
                                                             during breakdown, out-of-     specifies the CMS
                                                             control, repair,              requirements.
                                                             maintenance, and high-level
                                                             calibration drifts.
Sec.   63.8(c)(4)(i)-(ii)...  CMS Requirements............  1. COMS must have a minimum   Yes, if COMS used.
                                                             of one cycle of sampling
                                                             and analysis for each
                                                             successive 10-second period
                                                             and one cycle of data
                                                             recording for each
                                                             successive 6-minute period.
                                                            2. CEMS must have a minimum
                                                             of one cycle of operation
                                                             for each successive 15-
                                                             minute period.
Sec.   63.8(c)(5)...........  COMS Minimum Procedures.....  COMS minimum procedures       Yes.
Sec.   63.8(c)(6)...........  CMS Requirements............  Zero and High level           No; Sec.   63.8688
                                                             calibration check             specifies the CMS
                                                             requirements.                 requirements.
Sec.   63.8(c)(7)-(8).......  CMS Requirements............  Out-of-control periods,       Yes.
                                                             including reporting.
Sec.   63.8(d)..............  CMS Quality Control.........  1. Requirements for CMS       No; Sec.   63.8688
                                                             quality control, including    specifies the CMS
                                                             calibration, etc.             requirements.
                                                            2. Must keep quality control
                                                             plan on record for the life
                                                             of the affected source.
                                                            3. Keep old versions for 5
                                                             years after revisions.
Sec.   63.8(e)..............  CMS Performance Evaluation..  Notification, performance     No; Sec.   63.8688
                                                             evaluation test plan,         specifies the CMS
                                                             reports.                      requirements.
Sec.   63.8(f)(1)-(5).......  Alternative Monitoring        Procedures for Administrator  Yes.
                               Method.                       to approve alternative
                                                             monitoring.
Sec.   63.8(f)(6)...........  Alternative to Relative       Procedures for Administrator  Yes, if CEMS used.
                               Accuracy Test.                to approve alternative
                                                             relative accuracy tests for
                                                             CEMS.
Sec.   63.8(g)(1)-(4).......  Data Reduction..............  1. COMS 6-minute averages     Yes, if CEMS or COMS
                                                             calculated over at least 36   used.
                                                             evenly spaced data points.
                                                            2. CEMS 1-hour averages
                                                             computed over at least 4
                                                             equally spaced data points.
Sec.   63.8(g)(5)...........  Data Reduction..............  Data that cannot be used in   No; Sec.   63.8690
                                                             computing averages for CMS.   specifies the CMS
                                                                                           requirements.
Sec.   63.9(a)..............  Notification Requirements...  Applicability and State       Yes.
                                                             Delegation
Sec.   63.9(b)(1)-(5).......  Initial Notifications.......  1. Submit notification 120    Yes.
                                                             days after effective date.
                                                            2. Notification of intent to
                                                             construct/reconstruct;
                                                             notification of
                                                             commencement of construct/
                                                             reconstruct; notification
                                                             of startup.
                                                            3. Contents of each.........
Sec.   63.9(c)..............  Request for Compliance        Can request if cannot comply  Yes.
                               Extension.                    by date or if installed
                                                             Best Achievable Control
                                                             Technology (BACT)/Lowest
                                                             Achievable Emission Rate
                                                             (LAER).
Sec.   63.9(d)..............  Notification of Special       For sources that commence     Yes.
                               Compliance Requirements for   construction between
                               New Source.                   proposal and promulgation
                                                             and want to comply 3 years
                                                             after effective date.
Sec.   63.9(e)..............  Notification of Performance   Notify Administrator 60 days  Yes.
                               Test.                         prior
Sec.   63.9(f)..............  Notification of VE/Opacity    Notify Administrator 30 days  Yes.
                               Test.                         prior
Sec.   63.9(g)..............  Additional Notifications      1. Notification of            No; Sec.   63.8692
                               When Using CMS.               performance evaluation.       specifies the CMS
                                                            2. Notification using COMS     notification
                                                             data.                         requirements.
                                                            3. Notification that the
                                                             criterion for use of
                                                             alternative to relative
                                                             accuracy testing was
                                                             exceeded.
Sec.   63.9(h)(1)-(6).......  Notification of Compliance    1. Contents.                  Yes.
                               Status.                      2. Due 60 days after end of
                                                             performance test or other
                                                             compliance demonstration,
                                                             except for opacity/VE,
                                                             which are due 30 days after.
                                                            3. When to submit to Federal
                                                             vs. State authority.

[[Page 24592]]

 
Sec.   63.9(i)..............  Adjustment of Submittal       Procedures for Administrator  Yes.
                               Deadlines.                    to approve change in dates
                                                             when notifications must be
                                                             submitted.
Sec.   63.9(j)..............  Change in Previous            Must submit within 15 days    Yes.
                               Information.                  after the change.
Sec.   63.10(a).............  Recordkeeping/Reporting.....  1. Applies to all, unless     Yes.
                                                             compliance extension.
                                                            2. When to submit to Federal
                                                             vs. State authority.
                                                            3. Procedures for owners of
                                                             more than 1 source.
Sec.   63.10(b)(1)..........  Recordkeeping/Reporting.....  1. General Requirements.....  Yes.
                                                            2. Keep all records readily
                                                             available..
                                                            3. Keep for 5 years.........
Sec.   63.10(b)(2)(i)-(v)...  Records related to Startup,   1. Occurrence of each of      Yes.
                               Shutdown, and Malfunction.    operation (process
                                                             equipment).
                                                            2. Occurrence of each
                                                             malfunction of air
                                                             pollution equipment.
                                                            3. Maintenance on air
                                                             pollution control equipment.
                                                            4. Actions during startup,
                                                             shutdown, and malfunction.
Sec.   63.10(b)(2)(vi) and    CMS Records.................  1. Malfunctions,              Yes.
 (x-xi).                                                     inoperative, out-of-control.
                                                            2. Calibration checks.......
                                                            3. Adjustments, maintenance.
Sec.   63.10(b)(2)(vii)-(ix)  Records.....................  1. Measurements to            Yes.
                                                             demonstrate compliance with
                                                             emission limitations.
                                                            2. Performance test,
                                                             performance evaluation, and
                                                             visible emission
                                                             observation results.
                                                            3. Measurements to determine
                                                             conditions 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            Yes.
                                                             alternative to relative
                                                             accuracy test.
Sec.   63.10(b)(2)(xiv).....  Records.....................  All documentation supporting  Yes.
                                                             Initial Notification and
                                                             Notification of Compliance
                                                             Status.
Sec.   63.10(b)(3)..........  Records.....................  Applicability determinations  Yes.
Sec.   63.10(c)(1)-(6), (9)-  Records.....................  Additional records for CMS..  No; Sec.   63.8694
 (15).                                                                                     specifies the CMS
                                                                                           recordkeeping
                                                                                           requirements.
Sec.   63.10(c)(7)-(8)......  Records.....................  Records of excess emissions   No; Sec.   63.8694
                                                             and parameter monitoring      specifies the CMS
                                                             exceeedances for CMS.         recordkeeping
                                                                                           requirements.
Sec.   63.10(d)(1)..........  General Reporting             Requirement to report.......  Yes.
                               Requirements.
Sec.   63.10(d)(2)..........  Report of Performance Test    When to submit to Federal or  Yes.
                               Results.                      State authority.
Sec.   63.10(d)(3)..........  Reporting Opacity or VE       What to report and when.....  Yes.
                               Observations.
Sec.   63.10(d)(4)..........  Progress Reports............  Must submit progress reports  Yes.
                                                             on schedule if under
                                                             compliance extension.
Sec.   63.10(d)(5)..........  Startup, Shutdown, and        Contents and submission.....  Yes.
                               Malfunction Reports.
Sec.   63.10(e)(1), (2).....  Additional CMS Reports......  1. Must report results for    Yes.
                                                             each CEM on a unit.
                                                            2. Written copy of
                                                             performance evaluation.
                                                            3. Three copies of COMS
                                                             performance evaluation.
Sec.   63.10(e)(3)..........  Reports.....................  Excess emission reports.....  No; Sec.   63.8693
                                                                                           specifies the
                                                                                           reporting
                                                                                           requirements.
Sec.   63.10(e)(3)(i)-(iii).  Reports.....................  Schedule for reporting        No; Sec.   63.8693
                                                             excess emissions and          specifies the
                                                             parameter monitor             reporting
                                                             exceedances (now defined as   requirements.
                                                             deviations).
Sec.   63.10(e)(3)(iv)-(v)..  Excess Emissions Reports....  1. Requirement to revert to   No; Sec.   63.8693
                                                             the frequency specified in    specifies the
                                                             the relevant standard if      reporting
                                                             there is an excess            requirements.
                                                             emissions and parameter
                                                             monitor exceedances (now
                                                             defined as deviations).
                                                            2. Provision to request
                                                             semiannual reporting after
                                                             compliance for one year.
                                                            3. Submit report by 30th day
                                                             following end of quarter or
                                                             calendar half.
                                                            4. If there has not been an
                                                             exceedance or excess
                                                             emission (now defined as
                                                             deviations), report content
                                                             is a statement that there
                                                             have been no deviations.

[[Page 24593]]

 
Sec.   63.10(e)(3)(iv)-(v)..  Excess Emissions Reports....  Must submit report            No; Sec.   63.8693
                                                             containing all of the         specifies the
                                                             information in Sec.           reporting
                                                             63.10(c)(5)(13), Sec.         requirements.
                                                             63.8(c)(7)-(8).
Sec.   63.10(e)(3)(vi)-       Excess Emissions Report and   1. Requirements for           No; Sec.   63.8693
 (viii).                       Summary Report.               reporting excess emissions    specifies the
                                                             for CMS (now called           reporting
                                                             deviations).                  requirements.
                                                            2. Requires all of the
                                                             information in Sec.
                                                             63.10(c)(5)(13), Sec.
                                                             63.8(c)(7)-(8).
Sec.   63.10(e)(4)..........  Reporting COMS data.........  Must submit COMS data with    Yes, if COMS used.
                                                             performance test data.
Sec.   63.10(f).............  Waiver for Recordkeeping/     Procedures for Administrator  Yes.
                               Reporting.                    to waive.
Sec.   63.11................  Flares......................  Requirements for flares.....  Yes.
Sec.   63.12................  Delegation..................  State authority to enforce    Yes.
                                                             standards.
Sec.   63.13................  Addresses...................  Addresses where reports,      Yes.
                                                             notifications, and requests
                                                             are sent.
Sec.   63.14................  Incorporation by Reference..  Test methods incorporated by  Yes.
                                                             reference.
Sec.   63.15................  Availability of Information.  Public and confidential       Yes.
                                                             information.
----------------------------------------------------------------------------------------------------------------


    Editorial Note: Due to numerous errors this document is being 
reprinted in its entirety. It was originally printed in the Federal 
Register on Tuesday, April 29, 2003 at 68 FR 22975-23007.
[FR Doc. R3-5624 Filed 5-6-03; 8:45 am]
BILLING CODE 1505-01-U