[Federal Register Volume 68, Number 195 (Wednesday, October 8, 2003)]
[Rules and Regulations]
[Pages 58172-58224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21918]



[[Page 58171]]

-----------------------------------------------------------------------

Part II





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 63



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

  Federal Register / Vol. 68, No. 195 / Wednesday, October 8, 2003 / 
Rules and Regulations  

[[Page 58172]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR 2002-0021; FRL-7549-3]
RIN 2060-AH-12


National Emission Standards for Hazardous Air Pollutants: Site 
Remediation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) from site remediations. The final 
rule implements the Clean Air Act (CAA) section 112(d) to control 
hazardous air pollutants (HAP) emissions at major sources where 
remediation technologies and practices are used at the site to clean up 
contaminated environmental media (e.g., soils, groundwaters, or surface 
waters) or certain stored or disposed materials that pose a reasonable 
potential threat to contaminate environmental media. Site remediations 
subject to the final rule are required to control emissions of organic 
HAP by meeting emissions limitations and work practice standards 
reflecting the application of maximum achievable control technology 
(MACT). The final rule applies to certain types of site remediation 
activities that are conducted at a facility where non-remediation 
sources are a major source of HAP emissions. Some site remediations 
already regulated by rules established under the Comprehensive 
Environmental Response and Compensation Liability Act (CERCLA) or the 
Resource Conservation and Recovery Act (RCRA) are not subject to the 
final rule.
    The HAP emitted by site remediation activities can include benzene, 
ethyl benzene, toluene, vinyl chloride, xylenes, and other volatile 
organic compounds (VOC). The range of potential human health effects 
associated with exposure to these organic HAP and VOC include cancer, 
aplastic anemia, upper respiratory tract irritation, liver damage, and 
neurotoxic effects (e.g., headache, dizziness, nausea, tremors).

EFFECTIVE DATE: October 8, 2003.

ADDRESSES: Docket. The official public docket is the collection of 
materials used in developing the final rule and is available for public 
viewing at the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: For information concerning 
applicability and rule determinations, contact your State or local 
representative or the appropriate EPA Regional Office representative. 
For information concerning the analyses performed in developing the 
final rule, contact Mr. Greg Nizich, Waste and Chemical Processes 
Group, Emission Standards Division (C439-03), U.S. EPA, Research 
Triangle Park, NC 27711, telephone number (919) 541-3078, facsimile 
number (919) 541-0246, electronic mail (e-mail) address 
[email protected].

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

----------------------------------------------------------------------------------------------------------------
                Category                              NAICS\1\                 Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry................................  325211, 325192, 325188, 32411,    Site remediation activities at
                                           49311, 49319, 48611, 42269,       businesses at which materials
                                           42271.                            containing organic HAP currently
                                                                             are or have been in the past
                                                                             stored, processed, treated, or
                                                                             otherwise managed at the facility.
                                                                             These facilities include: organic
                                                                             liquid storage terminals, petroleum
                                                                             refineries, chemical manufacturing
                                                                             facilities, and other manufacturing
                                                                             facilities with co-located site
                                                                             remediation activities.
Federal Government......................  ................................  Federal agency facilities that
                                                                             conduct site remediation activities
                                                                             to clean up materials contaminated
                                                                             with organic HAP.
State/Local/Tribal Government...........  ................................  Tribal governments that conduct site
                                                                             remediation activities to clean up
                                                                             materials contaminated with organic
                                                                             HAP.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS) code. Representative industrial codes at which site
  remediation activities have been or are currently conducted at some but not all facilities under a given code.
  The list is not necessarily comprehensive as to the types of facilities at which a site remediation cleanup
  may potentially be required either now or in the future.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action.
    A comprehensive list of NAICS codes cannot be compiled for 
businesses or facilities potentially regulated by the final rule due to 
the nature of activities regulated by the source category. The 
industrial code alone for a given facility does not determine whether 
the facility is or is not potentially subject to the final rule. The 
final rule may be applicable to any type of business or facility at 
which a site remediation is conducted to clean up media contaminated 
with organic HAP and other hazardous material. Thus, for many 
businesses and facilities subject to the final rule, the regulated 
sources (i.e., the site remediation activities) are not the predominant 
activity, process, operation, or service conducted at the facility. In 
these cases, the industrial code indicates a primary product produced 
or service provided at the facility rather than the presence of a site 
remediation performed to support the predominant function of the 
facility. For example, NAICS code classifications where site 
remediation activities are currently being performed at some but not 
all facilities include, but are not limited to, petroleum refineries 
(NAICS code 32411), industrial organic chemical manufacturing (NAICS 
code 3251xx), and plastic materials and synthetics manufacturing (NAICS 
code 3252xx). However, we are also aware of site remediation activities 
potentially subject to the final rule being performed at facilities 
listed under NAICS codes for refuse systems, waste management, business 
services, miscellaneous services, and nonclassifiable.
    To determine whether your facility is regulated by the action, you 
should carefully examine the applicability criteria in the final rule. 
If you have questions regarding the applicability of the final rule to 
a particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    Docket. The EPA has established an official public docket for this 
action including both Docket ID No. A-99-20 and Docket ID No. OAR-2002-
0021. The official public docket consists of the documents specifically 
referenced in

[[Page 58173]]

this action, any public comments received, and other information 
related to this action. All items may not be listed under both docket 
numbers, so interested parties should inspect both docket numbers to 
ensure that they have received all materials relevant to the final 
rule. Although a part of the official docket, the public docket does 
not include Confidential Business Information 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 Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 
1301 Constitution Ave., 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.
    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 identified in the above 
section. Once in the system, select ``search,'' then key in the 
appropriate docket identification number.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule will also be available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the final rule will be placed on the TTN's policy and guidance 
page for newly proposed or promulgated rules at 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 site remediation was proposed on 
July 30, 2002 (67 FR 49398). Today's final rule announces the EPA's 
decision on the final rule. Under CAA section 307(b)(1), judicial 
review of the final rule is available only by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit by December 8, 2003. Only those objections to the final rule 
which were raised with reasonable specificity during the period for 
public comment may be raised during judicial review. Under CAA section 
307(b)(2), the requirements that are the subject of today's final rule 
may not be challenged later in civil or criminal proceedings brought by 
the EPA to enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. What is the statutory authority for the final rule?
    B. How did we develop the final rule?
    C. What criteria are used in the development of the final rule?
II. Summary of Final Rule
    A. Who must comply with the final rule?
    B. What are the affected sources?
    C. What are my compliance options?
    D. What are the emissions limitations and work practice 
standards?
    E. What are the requirements for remediation material that is 
shipped off-site?
    F. What are the general compliance requirements?
    G. What are the initial compliance requirements?
    H. What are the continuous compliance requirements?
    I. What are the notification, recordkeeping, and reporting 
requirements?
    J. What are the compliance deadlines?
    K. How does the ``once in, always in'' policy apply?
III. Responses to Major Comments on Proposed Rule
    A. Why are we promulgating a NESHAP to regulate HAP emissions 
from site remediation activities?
    B. How did we select the HAP to be regulated by the final rule?
    C. How do we define site remediation for the final rule?
    D. Why does the final rule not apply to CERCLA Superfund and 
RCRA Corrective Action cleanups?
    E. Why does the final rule potentially apply to State and 
voluntary cleanup programs?
    F. How does the final rule apply to cleanups of leaking 
underground storage tanks?
    G. How does the final rule apply to cleanups of radioactive 
mixed waste?
    H. How does the final rule apply to short-term site remediations 
at affected facilities?
    I. How does the final rule apply to remediation materials sent 
off-site from affected facilities?
IV. Summary of Environmental, Energy, and Economic Impacts
    A. What are the air emission 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
    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 Rule?

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and area sources of HAP and to establish 
NESHAP for the listed source categories and subcategories. Major 
sources of HAP are defined by CAA section 112(a)(1) as those sources 
that have the potential to emit greater than 10 tons per year (tpy) of 
any one HAP or 25 tpy of any combination of HAP. Area sources are 
stationary sources of HAP that are not major sources. The category of 
major sources covered by today's final NESHAP for site remediation, was 
listed on July 16, 1992 (57 FR 31576). We included site remediation on 
the source category list to address HAP emissions at major sources 
where remediation technologies and practices are used at the site to 
clean up contaminated environmental media (e.g., soils, groundwaters, 
or surface waters) or certain stored or disposed materials that pose a 
reasonable potential threat to contaminate environmental media.

B. How Did We Develop the Final Rule?

    We proposed the Site Remediation NESHAP on July 30, 2002 (67 FR 
49398). A 60-day public comment period (July 30, 2002 to September 30, 
2002) was provided for the public to submit their comments on the 
proposed rule. Also, we offered to hold a public hearing to allow any 
interested persons to present their oral comments on the proposed rule. 
However, we did not receive a request from anyone to speak at the 
public hearing, so a public hearing was not held.
    We received a total of 51 comment letters and e-mails regarding the 
proposed rule. Two commenters affiliated with the U.S. Department of 
the Navy independently submitted the same set of comments; and two

[[Page 58174]]

commenters from the State of Alabama each submitted two separate and 
distinct sets of comments.
    The final rule promulgated by this action reflects our full 
consideration of all the comments we received on the rule proposal. Our 
responses to all of the substantive public comments on the proposal are 
presented in the background information document (BID) titled, 
``National Emission Standards for Hazardous Air Pollutant (NESHAP) for 
Site Remediation: Background Information for Promulgated Standards.'' 
The BID is available in Docket No. OAR-2002-0021.

C. What Criteria Are Used in the Development of the Final Rule?

    Under CAA section 112(d), we are directed to establish NESHAP for 
the control of HAP from both new and existing major sources. The CAA 
requires that each NESHAP reflect the maximum degree of reduction in 
emissions of HAP that is achievable for the source category or 
subcategory. This level of control is commonly referred to as the 
maximum achievable control technology (MACT).
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under CAA section 112(d)(3). Establishing the MACT floor 
ensures that each standard is set at a level that assures that all 
major sources within a source category or subcategory achieve a level 
of control at least as stringent as that already achieved by the 
better-controlled and lower-emitting sources in the applicable source 
category or subcategory. For new sources, the MACT floor cannot be less 
stringent than the emission control achieved in practice by the best-
controlled similar source. The MACT standards established for existing 
sources can be less stringent than standards for new sources, but the 
existing source standards cannot be less stringent than the average 
emissions limitation achieved by the best-performing 12 percent of 
existing sources in the category or subcategory (or the best-performing 
five sources for categories or subcategories with fewer than 30 
sources).
    In developing NESHAP, we also consider control alternatives that 
are more stringent than the MACT floor. Section 112(d)(2) of the CAA 
allows us to establish standards that are more stringent than those 
that would be established by the MACT floor level based on the 
consideration of costs to achieve the emissions reductions, any health 
and environmental impacts, and energy requirements.
    To determine MACT for the affected sources regulated by the Site 
Remediation NESHAP, we established at proposal that the MACT floor for 
existing affected sources associated with site remediation activities 
is some level of air emission control beyond no controls. Also, we 
decided to not compute an emission limitation statistically or identify 
specific control technology that represents the MACT floor for the site 
remediation sources because of the uniqueness of the site remediation 
source category, the extent of information available to us, and the 
complexities of gathering additional meaningful information (see 67 FR 
49414-49415). Instead, we relied on provisions of CAA section 112(d)(2) 
that allow us to select MACT for a source category that is more 
stringent than the MACT floor.
    We chose to select the MACT technology directly from alternatives 
beyond the MACT floor for each affected source type selected to be 
subject to the Site Remediation NESHAP. To do this, we looked at the 
types of air emission controls demonstrated to achieve control levels 
required under national air standards for sources similar to those 
sources that potentially may be associated with site remediations 
(particularly the NESHAP for Off-Site Waste and Recovery Operations 
under 40 CFR part 63, subpart DD, and the air standards for RCRA 
hazardous waste treatment, disposal, and facilities (TSDF) under 
subparts AA, BB, and CC in 40 CFR parts 264 and 265). Because the air 
emission controls needed to achieve the control levels required under 
the rules applicable to sources similar to those sources subject to the 
final Site Remediation NESHAP are now being implemented by facility 
owners and operators, we concluded that this demonstrates that these 
control levels are technically achievable, the costs are reasonable, 
and there are no adverse non-air quality health, environmental impacts, 
or energy requirements associated with the selected control levels.
    Following proposal, we reviewed our data sources to determine the 
availability of additional information on air pollution controls 
currently in use for site remediation activities. No new data or 
information to update and supplement our original data were provided by 
commenters on the proposed rule. We concluded that our original 
database remains the best available source of information available to 
us. The control levels established by the emission limitation and work 
practices established by the final Site Remediation NESHAP are the same 
controls levels being implemented at similar sources subject to other 
NESHAP and related national air rules.

II. Summary of Final Rule

    The final rule amends 40 CFR part 63 by adding subpart GGGGG--
National Emission Standards for Hazardous Air Pollutants for Site 
Remediation. At proposal, we received comments stating that the 
organization, reliance on presenting many rule requirements in an 
exclusively tabular format, and extensive cross-referencing to 
provisions in other subparts which we used for the proposed rule made 
it difficult to read and understand. We have written the final rule to 
reflect those comments. Many of the requirements that were presented 
exclusively in tables in the proposed rule have been moved back into 
the regulatory text of the final rule, and the applicable tables were 
deleted. While these editorial changes to the final rule make it appear 
substantially different from the proposed rule, most of the technical 
and administrative requirements remain the same as proposed.

A. Who Must Comply With the Final Rule?

    We have written the applicability requirements to clarify our 
intent as to what is a site remediation activity and how the final rule 
applies to these activities. You are subject to the final rule if you 
own or operate a facility that is a major source of HAP emissions and 
where a site remediation is conducted that meets the definitions and 
conditions specified in the final rule. Certain types of site 
remediations are explicitly exempted from being subject to the final 
rule.
Applicability Definitions and Conditions
    In the final rule, we have added a new definition for the term 
``site remediation'' and written our proposed definition of 
``remediation material'' to clarify the final rule's applicability and 
to improve implementation of the final rule's requirements. Site 
remediation means one or more activities or processes used to remove, 
destroy, degrade, transform, immobilize, or otherwise manage 
remediation material, as defined in the final rule. Monitoring or 
measuring of contamination levels in media, whether by using wells, 
sampling, or other means, is not considered to be a site remediation.
    We have written the definition of remediation material to clarify 
the term's meaning consistent with our

[[Page 58175]]

intent that the final rule address HAP emissions from site remediations 
to clean up environmental media contaminated with HAP (e.g., soils, 
groundwaters, surface waters), as well as clean up certain stored or 
disposed materials that contain HAP and pose a reasonable potential 
threat to contaminate environmental media. The final Site Remediation 
NESHAP is applicable to those site remediations that involve the 
cleanup of materials with the potential to emit the HAP we have listed 
in the final rule. Also, the revised definition of remediation material 
used in the final rule explicitly identifies two groups of materials 
considered to be remediation materials for the purpose of implementing 
the final rule.
    Remediation material as defined for the final Site Remediation 
NESHAP must contain one or more of the HAP listed in Table 1 of the 
final rule. Table 1 of the final rule presents a list of 97 specific 
organic HAP compounds, isomers, and mixtures, and is the same list that 
we proposed with one correction. The compound 1-1 dimethyl hydrazine 
was incorrectly included on list published with the proposed rule, and 
this compound has been deleted from the list in the final rule. If your 
site remediation does not involve the cleanup of remediation material 
containing any of the HAP listed in Table 1 of the final rule, then you 
are not subject to the final Site Remediation NESHAP.
    The first group of materials included in the definition of 
remediation material addresses air emissions from site remediations to 
clean up environmental media contaminated with HAP. These materials are 
found in environmental media such as soil, groundwater, surface water, 
and sediments, or a mixture of such materials with liquids, sludges, or 
solids which is inseparable by simple mechanical removal processes and 
is made up primarily of media. Our use of the term ``media'' for the 
final rule does not include debris as defined in 40 CFR 268.2.
    The second group of materials included in the definition of 
remediation material addresses air emissions from site remediations to 
clean up materials containing HAP that are stored or disposed at a site 
and that pose a reasonable potential threat to contaminating 
environmental media. These are defined to be materials containing HAP 
that are found in intact or substantially intact containers, tanks, 
storage piles, or other storage units. Examples of these materials 
include solvents, oils, paints, and other volatile or semi-volatile 
organic liquids found in buried drums, cans, or other containers; 
gasoline, fuel oil, or other fuels in leaking underground storage 
tanks; and solid materials containing volatile or semi-volatile 
organics in unused or abandoned piles. We do not consider remediation 
material, for example, to include waste or residue generated by routine 
equipment maintenance activities performed at a facility such as tank 
bottoms and sludges removed during tank cleanouts; sludges and 
sediments removed from active wastewater treatment tanks, surface 
impoundments, or lagoons; spent catalyst removed from process 
equipment; residues removed from air pollution control equipment; and 
debris removed during heat exchanger and pipeline cleanouts. The 
removal and subsequent management of these types of waste and residue 
materials are not remediation activities, but instead, are good 
operating and maintenance practices that facility owners and operators 
perform to help sustain process and air pollution control equipment 
performance at the equipment's design specifications and to extend the 
equipment's service life.
    Hereafter in this preamble, the term remediation material is used 
as defined in the final Site Remediation NESHAP. Not all site 
remediations to clean up remediation material are subject to the final 
Site Remediation NESHAP. Certain site remediations are explicitly 
exempted from being subject to the final rule. Of the site remediations 
not specifically exempted, only site remediations to clean up 
remediation material that meet both of the additional applicability 
conditions specified in the rule are subject to the final rule.
    We have written the final rule to clarify the applicability 
conditions used to determine if your site remediation is subject to the 
final rule. These conditions have not changed from the proposed rule 
other than we have reworded the regulatory language to better describe 
the types of site remediations we intend the final rule to affect. If 
your site remediation is not included on the list of exempted site 
remediations in Sec.  63.7881(b) of the final rule or you can qualify 
for the facility-wide small HAP content exemption in Sec.  63.7881(c), 
then you make a determination of whether both of the applicability 
conditions specified in the final rule apply to your cleanup. If either 
of the applicability conditions do not apply to your cleanup, then your 
site remediation is not subject to the final Site Remediation NESHAP.
    The first applicability condition is that a site remediation to 
clean up remediation material must be co-located with one or more 
stationary sources of HAP emissions within a contiguous area and under 
common control that meets an affected source definition specified for a 
source category that is regulated by another NESHAP in 40 CFR part 63. 
The re-wording of this condition in the final rule eliminated the need 
for the term ``MACT activity'' that was included in the proposed rule. 
That term no longer appears. This condition applies regardless of 
whether or not the non-remediation affected stationary sources at your 
site are subject to, or exempted from, the control standards under the 
applicable subpart. For example, if a site remediation is performed at 
a petroleum refinery subject to 40 CFR part 63, subpart CC--National 
Emission Standards for Hazardous Air Pollutants from Petroleum 
Refineries, then a site remediation to clean up remediation materials 
conducted at the facility meets this applicability condition. If there 
are no stationary sources that meet this applicability condition at the 
facility where a site remediation is conducted, then you are not 
subject to the final rule.
    We provided this condition to simplify the applicability 
determination process whereby an owner or operator of a site 
remediation with low HAP potential can easily determine that they are 
not subject to the Site Remediation NESHAP without having to estimate 
potential HAP emissions. This is a reasonable approach since we believe 
that remediation activities that are not collocated with a stationary 
source, or sources, meeting the affected source definition of another 
NESHAP would not be major sources by themselves. The one possible 
exception could be some CERCLA sites, which might themselves be major 
sources without regard for collocation with a major source, but these 
sites are exempt from the final rule.
    The other applicability condition is that the facility at which you 
conduct a site remediation to clean up remediation material must be a 
major source, as defined in Sec.  63.2 of the General Provisions to 40 
CFR part 63. Your facility is a major source if it emits or has the 
potential to emit HAP above the threshold levels of 10 tpy for any 
single HAP and 25 tpy for any combination of HAP. All potential 
emissions of HAP from the entire facility (i.e., both the remediation 
activity and all other facility activity) must be considered in making 
this calculation. It is also important to note that the determination 
of the major source status of a given facility is determined based on 
all HAP listed pursuant to CAA section 112(b) (i.e., not just the HAP 
listed in Table 1 of the final Site Remediation NESHAP).

[[Page 58176]]

    A source that is not a major source is an area source. If your HAP 
emission determination shows that when you conduct the site remediation 
your site will remain an area source (i.e., the total potential HAP 
emissions from the existing sources at your site plus the estimated HAP 
emissions from the site remediation activities to be performed for the 
cleanup are less than the major source threshold levels), then your 
site remediation is not subject to the final Site Remediation NESHAP. 
If your site is currently an area source, but will become a major 
source when you conduct the site remediation, then your site 
remediation is subject to the final Site Remediation NESHAP. However, 
for this situation because of the uniqueness of this source category 
and the nature of the activities regulated by the final rule, there is 
a special exception to the ``once in, always in'' NESHAP policy as 
related to your facility's NESHAP compliance obligations.
Site Remediation Applicability Exemptions
    The final rule does not apply to certain site remediations that are 
explicitly exempted, regardless of the organic HAP content of the 
remediation materials or the status of other stationary sources at the 
locations where these site remediations are conducted. In general, 
these exemptions apply to site remediation activities regulated under 
other Federal rules and requirements or which have special 
circumstances that make application of requirements under the final 
rule unnecessary or problematic. The exempted site remediations are 
listed in Sec.  63.7881(b) of the final rule. The final Site 
Remediation NESHAP does not apply to CERCLA Superfund and RCRA 
corrective actions to clean up hazardous substances, hazardous wastes, 
and hazardous constituents. In short, we view the Superfund program 
under CERCLA and the hazardous waste corrective action program under 
RCRA as the functional equivalents of the establishment of MACT 
standards under CAA section 112. These programs, as part of the ROD 
process for Superfund cleanups and the RCRA permitting process for 
corrective action cleanups, require consideration of the same HAP 
emissions that we do in establishing MACT standards, and provide 
opportunity for public involvement in these site-specific remediation 
determinations. The RCRA and CERCLA statues apply more specifically to 
the remediation process than does MACT under the CAA and, unlike the 
CAA, authorize site specific means of dealing with remediation 
activities and their associated HAP emissions. Consequently, we are 
exempting these activities from the MACT standards promulgated in the 
final rule.
    In response to comments on the proposed exemptions for site 
remediations to clean up contamination from units managing radioactive 
mixed waste, we collected additional information and reviewed the basis 
for the proposed exemption. Because the technical issues related to 
safety concerns for containers and other storage units managing 
radioactive mixed wastes do not apply to site remediation treatment 
unit process vents and equipment leaks, the final Site Remediation 
NESHAP limits the exemption for radioactive mixed waste to only 
remediation material management units (a term explained fully below). 
Remediation activities (that meet the final rule applicability 
criteria) to clean up radioactive mixed waste are subject to standards 
for treatment unit process vents and equipment leaks under the final 
Site Remediation NESHAP. Also, we have written the final rule language 
to clarify the applicability of this exemption to site remediations 
involved with the cleanup of radioactive mixed wastes. To be consistent 
with the definitions used in RCRA, mixed waste is defined in the final 
rule as waste that contains both hazardous waste subject to RCRA and 
either source, special nuclear, or byproduct material subject to the 
Atomic Energy Act of 1954. Also, an additional reference to the Waste 
Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579) is added 
to the final rule exemption language to include the management of mixed 
transuranic waste within the scope of the exemption.
    Finally, the final rule maintains the other exemptions we proposed. 
The final rule does not apply to a site remediation to clean up leaking 
underground storage tanks located at a gasoline service station. The 
final rule does not apply to any site remediation conducted at a farm 
or residential site. Also, the final rule does not apply to a site 
remediation conducted at a research and development facility that meets 
the requirements of CAA section 112(c)(7).
    The final rule retains the proposed exemption for site remediations 
of short duration. However, this exemption has been modified from the 
proposed exemption to address public comments we received and to 
resolve potential issues regarding the practical implementation and 
enforcement of the exemption.
    Under the short-term site remediation exemption, a site remediation 
at a facility subject to the final rule is not subject to the emissions 
limitations and work practice standards in the final Site Remediation 
NESHAP if the site remediation can be completed within 30 consecutive 
calendar days as determined from the day on which you actually begin 
work at the site to physically clean up the remediation materials. 
Certain administrative and site preparation activities you need to 
perform before you can physically begin the cleanup are not counted as 
part of this 30-day exemption period. These pre-activities consist of 
the following: activities you perform to characterize the type and 
extent of the contamination by collecting and analyzing samples, 
obtaining any permits required by State or local authorities to conduct 
the site remediation, scheduling workers and necessary equipment, and 
arranging for any contractor assistance in performing the site 
remediation. To qualify for the short-term site remediation exemption, 
you must prepare and maintain at your facility written documentation 
describing the exempted site remediation and listing the initiation and 
completion dates for the site remediation.

B. What Are the Affected Sources?

    The final rule designates three types of affected sources subject 
to requirements under the final rule: process vents on in-situ and ex-
situ remediation treatment processes; units used to manage remediation 
materials (called remediation material management units'' in the final 
rule); and equipment leaks from pumps, valves, and other ancillary 
equipment associated with the remediation activities. The affected 
source designations in the final rule are the same as proposed.
    The affected source for process vents is the entire group of 
process vents associated with the in-situ and ex-situ remediation 
processes used at your site to remove, destroy, degrade, transform, or 
immobilize hazardous substances in the remediation material. Examples 
of process vents for in-situ remediation processes include the 
discharge vents to the atmosphere used for soil vapor extraction and 
underground bioremediation processes. Examples of process vents for ex-
situ remediation processes include vents for thermal desorption, 
bioremediation, and stripping processes (air or steam stripping).
    The term remediation material management unit is used in the final 
rule to refer collectively to any tank,

[[Page 58177]]

container, surface impoundment, oil-water separator, organic-water 
separator, or transfer system used to store, transfer, treat, or 
otherwise manage remediation material at the site. The affected source 
for remediation material management units is the entire group of tanks, 
surface impoundments, containers, oil-water separators, and transfer 
systems used for the site remediation activities involving clean up of 
remediation material.
    The affected source for equipment leaks is the entire group of 
remediation equipment components (pumps, valves, etc.) that contain or 
contact remediation material having a total concentration of HAP listed 
in Table 1 of the final rule equal to or greater than 10 percent by 
weight, and are intended to operate for 300 hours or more during a 
calendar year.

C. What Are My Compliance Options?

    Each site remediation subject to the final Site Remediation NESHAP 
must meet the applicable standards specified in the final rule for the 
types of the affected sources associated with the site remediation 
unless the site remediation qualifies for an exemption provided in the 
final rule. Separate sets of standards are established for each of the 
affected source groups. These standards and exemptions were included in 
the proposed rule. A new section has been added to the final rule 
titled ``General Standards'' to better delineate and clarify the 
overall compliance options and exemptions allowed under the final rule 
for each affected source group.
Process Vents
    The general standards for affected process vents describe three 
compliance options. The first compliance option is to control HAP 
emissions from the affected process vents to meet the facility-wide 
emissions limitations and associated work practice standards 
established in the final rule.
    The second compliance option is to determine that the average total 
volatile organic HAP (VOHAP) concentration in the remediation material 
treated or managed by the process that is vented through the affected 
process vents is less than 10 parts per million by weight (ppmw). The 
determination of the VOHAP concentration is based on the concentration 
of organic HAP listed in Table 1 of the final rule using sampling and 
analysis procedures specified in the final rule. Affected process vents 
that meet this option are not subject to air pollution control 
requirements under the final rule.
    The third compliance option is for process vents that are already 
using air pollution controls to comply with another subpart under 40 
CFR part 61 or 40 CFR part 63. Under this option, you treat your 
remediation material in a process for which the HAP emissions from the 
affected process vent are controlled in compliance with the standards 
specified in the applicable subpart. This means you are complying with 
all applicable emissions limitations and work practice standards under 
the other subpart (e.g., you install and operate the required air 
pollution control devices or have implemented the required work 
practice to reduce HAP emissions to levels specified by the applicable 
subpart). This provision only applies if the other subpart actually 
specifies a standard requiring control of HAP emissions from your 
affected process vents. It does not apply to any exemption of the 
affected source from using air pollution controls allowed by the other 
applicable subpart.
Remediation Material Management Units
    The general standards for remediation material management units 
provide two compliance options that apply to all affected units. Two 
other compliance options are available to some affected remediation 
material management units that meet special conditions specified in the 
final rule.
    The first compliance option available to all affected remediation 
material management units is to control HAP emissions from the affected 
remediation material management unit according to the emissions 
limitations and work practice standards specified in the final rule. 
Separate emissions limitations and work practice standards are 
established under the final rule for each type of remediation material 
management unit (i.e., separate standards for tanks, separate standards 
for containers, etc.).
    The second compliance option available to all affected remediation 
material management unit is to determine the average total VOHAP 
concentration of the organic HAP listed in Table 1 of the final rule 
that is contained in the remediation material. If the VOHAP 
concentration of the material is less than 500 ppmw, then the 
remediation material management units handling this material are not 
subject to the applicable emissions limitations and work practice 
standards established under the final rule. The VOHAP concentration 
determination is based on the organic HAP content of the remediation 
material at the ``point-of-extraction'' as measured or estimated using 
the procedures specified in the final rule. Point-of-extraction is a 
defined term in the final rule that means a point above ground where 
you can collect samples of a remediation material before or at the 
first point where organic constituents in the material have the 
potential to volatilize and be released to the atmosphere, and (in all 
instances) before placing the material in a remediation material 
management unit.
    The final rule provides two other compliance options that apply to 
certain affected remediation material management units that operate 
under the special circumstances specified in the final rule. The first 
of these compliance options is available for any affected remediation 
material management unit also subject to another subpart under 40 CFR 
part 61 or 63. Under this option, you must control HAP emissions from 
the affected remediation material management unit in compliance with 
the standards specified in the applicable subpart. Implementation of 
this provision is the same as discussed above for process vents. The 
provision only applies to your affected remediation material management 
unit if the other subpart actually specifies a standard requiring 
control of organic HAP emissions from the same type of unit as your 
remediation material management unit (i.e., if your affected 
remediation material management unit is a tank, then the other subpart 
must specify organic HAP emission control requirements for tanks). It 
does not apply to any exemption of the affected source from using air 
pollution controls allowed by the other applicable subpart (e.g., if 
the other subpart exempts tanks with capacities less 10,000 gallons 
from the control requirements, that exemption does not apply to the 
affected tanks you use for your site remediation activities).
    A final compliance option is available for a remediation material 
management unit that is an open tank or surface impoundment and is used 
for a biological treatment process. Under this compliance option, you 
must demonstrate that the treatment process meets one of HAP 
biodegradation or removal levels specified in the final rule.
    The final rule includes a special site-specific exemption for 
remediation material management units that manage materials with small 
quantities of the organic HAP listed in Table 1 of the final rule. Due 
to the nature of the media contamination or other site-specific 
circumstances, the cleanup at a site may require use of specialized or 
custom equipment that meets the definition of a remediation material 
management unit under the final rule

[[Page 58178]]

but this equipment's design or configuration makes it technically 
problematic or very expensive to install and operate the air pollution 
controls required under the final rule for the particular type of 
remediation material management unit. Therefore, the final rule 
provides for a site-specific exemption from the applicable emissions 
limitations and work practice standards under the final rule to allow 
use of these remediation material management units in situations where 
the potential for HAP emissions is relatively low. A remediation 
material management unit can be exempted from the applicable emissions 
limitations and work practice standards under the final rule provided 
that the owner or operator determines that the total annual quantity of 
the organic HAP listed in Table 1 of the final rule that is contained 
in the remediation material placed in the unit remains at a level less 
than 1 Mg/yr.
Equipment Leaks
    Under the final rule, you must control HAP emissions from equipment 
leaks from each equipment component that contains or contacts 
remediation material having a total concentration of the organic HAP 
listed in Table 1 of the final rule equal to or greater than 10 percent 
by weight, and are intended to operate for 300 hours or more during a 
calendar year. Control of these emissions is achieved by implementing a 
leak detection program and installing equipment.

D. What Are the Emissions Limitations and Work Practice Standards?

    The emissions limitations and work practice standards established 
by the final Site Remediation NESHAP remain essentially the same as 
proposed. The standards are the same for existing, reconstructed, and 
new sources.
Process Vents
    The process vent standards are the same regardless of whether the 
process is an in-situ or ex-situ treatment process. These standards 
apply to the entire group of affected process vents associated with all 
of the treatment processes used for your site remediation.
    The first option is to reduce emissions of total organic HAP 
emissions listed in Table 1 of the final rule from all affected process 
vents at the facility to a level less than 1.4 kilograms per hour (kg/
hr) and 2.8 Mg/yr, which is approximately 3.0 pounds per hour (lb/hr) 
and 3.1 tpy, respectively. You must achieve both the hourly and annual 
mass emissions limits to comply with this option under the final rule. 
If the total organic HAP emissions from all affected process vents 
associated with your site remediation exceed either the hourly or 
annual mass emissions limitations, then you must use appropriate 
controls to reduce the emission levels to comply with the emissions 
limits. If you can meet both the hourly and annual mass emissions 
limits using no controls, or with federally-enforceable controls, then 
no additional controls are required under the final rule for your 
affected process vents.
    If you choose, you may demonstrate compliance with the hourly and 
annual emission limits based on total organic compounds (TOC) minus 
methane and ethane in place of total organic HAP. Because your 
compliance determinations based on TOC will be simpler and less 
expensive than if you use total organic HAP, it may be advantageous for 
your particular site-specific conditions to choose to comply with the 
emission limits based on TOC.
    As an alternative, you may comply with an emission limit that 
requires that you reduce the total organic HAP emissions listed in 
Table 1 of the final rule from all of the affected process vents by at 
least 95 weight percent. Again, you may demonstrate compliance with 
this emission limit using TOC emissions (minus methane and ethane) in 
place of using total organic HAP emissions. At sites with multiple 
affected process vent streams, you may comply with this option by a 
combination of controlled and uncontrolled process vent streams that 
achieve the 95 percent reduction standard on an overall mass-weighted 
average. You may exclude certain low flow and low HAP concentration 
process vent streams explicitly specified in the final rule from the 
percent reduction calculation. Under this option, you must meet the 
operating limit and work practice standards specified in the final rule 
for each control device and closed vent system used to control your 
process vent streams.
Remediation Material Management Units
    The air pollution control requirements for remediation material 
management units in the final Site Remediation NESHAP are based on 
using the applicable national emission standards established in other 
subparts of 40 CFR part 63 for specific types of equipment whenever 
available and appropriate to do so for this source category. For 
applications where appropriate NESHAP are not included in the final 
Site Remediation NESHAP, we have relied on establishing air emission 
control requirements that are consistent with the requirements under 40 
CFR part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations. Subpart DD 
applies to facilities that are major sources of HAP; receive wastes, 
used oils, or used solvents generated at off-site locations; and manage 
and treat these materials in units and processes collectively referred 
to as off-site waste and recovery operations (OSWRO). The final rule 
has been written to directly cross-reference the appropriate subparts 
of 40 CFR part 63.
    Tanks. Under the final rule for those tanks managing remediation 
materials with a maximum HAP vapor pressure of the remediation material 
less than 76.6 kPa and required to meet the air emission control 
requirements, you must achieve the applicable level of control (Tank 
Level 1 or Tank Level 2) determined by the tank design capacity and the 
maximum HAP vapor pressure of the remediation material placed in the 
tank. For each tank required to use Tank Level 1 controls, you must use 
a fixed roof according to the requirements in 40 CFR part 63, subpart 
OO--National Emission Standards for Tanks--Level 1. For each tank 
required to use Tank Level 1 controls, you may also comply with the 
final rule by using Tank Level 2 controls if you choose to do so. For 
each tank required to use Tank Level 2 controls, you must comply with 
one of five compliance options: use a fixed roof with an internal 
floating roof, use an external floating roof, use a fixed roof vented 
to a control device, use a pressurized tank that operates as a closed 
system during normal operations, or locate an open tank inside a 
permanent total enclosure that is vented to a control device.
    The final rule requirements for the Tank Level 2 internal and 
external floating roof control option requirements have been revised 
since proposal by replacing the cross-reference to the floating roof 
requirements in the 40 CFR part 63, subpart DD--National Emission 
Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 
Operations with a cross-reference to the floating roof control 
requirements in 40 CFR part 63, subpart WW--National Emission Standards 
for Storage Vessels (Tanks)--Control Level 2. The requirements for 
floating roofs in both rules are essentially the same. This change was 
made to be consistent with our format changes to the final Site 
Remediation NESHAP to directly cross-reference the applicable control

[[Page 58179]]

requirement where applicable to and appropriate for the type of 
remediation material management units (in this case tanks) regulated by 
the final rule.
    We stated at proposal that the basis for the selection of tank 
control requirements in the final Site Remediation NESHAP is the tank 
control requirements in the 40 CFR part 63, subpart DD--National 
Emission Standards for Hazardous Air Pollutants from Off-Site Waste and 
Recovery Operations (67 FR 49415). We inadvertently omitted from the 
version of proposed Site Remediation NESHAP published in the Federal 
Register the tank control requirements for tanks managing remediation 
materials with a maximum HAP vapor pressure of 76.6 kPa or greater 
included under 40 CFR part 63, subpart DD. For the final rule, we have 
corrected this omission and have added to the air pollution control 
requirements for tanks managing these remediation materials. The 
controls required under the final Site Remediation NESHAP are the same 
requirements in 40 CFR part 63, subpart DD. Tanks managing remediation 
materials with a maximum HAP vapor pressure of 76.6 kPa or greater use 
one of the Tank Level 2 control options other than a floating roof.
    Containers. The final rule establishes emissions limitations and 
work practice standards to control organic HAP emissions from 
containers having a design capacity greater than 0.1 cubic meters 
(approximately 26 gallons). For those containers required to use air 
pollution controls, you must achieve the applicable level of control 
determined by the container design capacity, the organic content of the 
remediation material in the container, and whether the container is 
used for a waste stabilization process. You must comply with the 
specified requirements for the applicable control level in 40 CFR part 
63, subpart PP--National Emission Standards for Containers.
    Surface impoundments. For each surface impoundment required to use 
air pollution controls, you must use a floating membrane cover or a 
cover vented to a control device according to the requirements in 40 
CFR part 63, subpart QQ--National Emission Standards for Surface 
Impoundments.
    Separators. For each oil-water or organic-water separator required 
to use air pollution controls, you must use a fixed roof, use a 
floating roof, vent emissions to a control device, or use a pressurized 
separator according to the requirements in 40 CFR part 63, subpart VV--
National Emission Standards for Oil-Water and Organic-Water Separators.
    Transfer systems. For each individual drain system required to use 
air pollution controls, you must comply with the requirements in 40 CFR 
part 63, subpart RR--National Emission Standards for Individual Drain 
Systems. For an affected transfer system other than individual drain 
systems, you are required to comply with one of three options: use 
covers, use continuous hard-piping, or use an enclosure vented to a 
control device.
    Closed Vent Systems and Control Devices. In final Site Remediation 
NESHAP we have added a separate series of sections (Sec. Sec.  63.7925 
through 63.7928) that specify in one part of the final rule all of the 
emissions limitations and work practice standards that apply to each 
closed-vent system and control device you use to meet the requirements 
in another section of the final rule. The same requirements for closed-
vent systems and control devices that we proposed are now presented in 
these sections. Each control device you use to meet requirements under 
the final Site Remediation NESHAP (with the exception of the facility-
wide process vent emission limits) must reduce emissions of total 
organic HAP listed in Table 1 of the final rule or the emissions of TOC 
(minus methane and ethane) by 95 percent by weight. If a combustion 
control device is used (thermal incinerator, catalytic incinerator, 
boiler, or process heater), a second compliance option available to you 
is for the control device to reduce the concentration of total HAP 
listed in Table 1 of the final rule or TOC (minus methane and ethane) 
to 20 parts per million by volume (ppmv) or less on a dry basis 
corrected to 3 percent oxygen. All control devices you use to meet 
requirements under the final rule (including any control devices you 
use to meet the facility-wide process vent emission limits) must meet 
operating limits for each type of control device and work practice 
standards for closed vent systems and certain types of control devices.
    In addition, we have added to the final rule several more control 
device compliance options that are under 40 CFR part 63, subpart DD--
National Emission Standards for Hazardous Air Pollutants from Off-Site 
Waste and Recovery Operations for emissions vented to a boiler, process 
heater, or fuel system but was not included in the proposed Site 
Remediation NESHAP. Under these compliance options, as an alternative 
to complying with the 95 percent reduction requirement for control 
devices, you may comply with any of the following work practice 
standards: introduce the vent stream into the flame zone of the boiler 
or process heater and maintain the conditions in the combustion chamber 
at a residence time of 0.5 seconds or longer and at a temperature of 
760[deg]C or higher, or introduce the vent stream with the fuel that 
provides the predominant heat input to the boiler or process heater 
(i.e., the primary fuel), or introduce the vent stream to a boiler or 
process heater for which you either have been issued a final permit 
under 40 CFR part 270 and complies with the requirements of 40 CFR part 
266, subpart H--Hazardous Waste Burned in Boilers and Industrial 
Furnaces; or has certified compliance with the interim status 
requirements of 40 CFR part 266, subpart H.
Equipment Leaks
    The final rule establishes work practice standards to control 
organic HAP emissions from leaks in pumps, compressors, pressure relief 
devices, sampling connection systems, open-ended valves or lines, 
valves, flanges and other connectors, and product accumulator vessels 
that either contain or contact a regulated material that is a fluid 
(liquid or gas) and has a total concentration of the organic HAP listed 
in Table 1 of the final rule equal to or greater than 10 percent by 
weight. These work practice and equipment standards do not apply to 
equipment that operates less than 300 hours per calendar year. You have 
the option of complying with the provisions of either 40 CFR part 63, 
subpart TT--National Emission Standards for Equipment Leaks--Control 
Level 1 or 40 CFR part 63, subpart UU--National Emission Standards for 
Equipment Leaks--Control Level 2. Both of these subparts require you to 
implement a leak detection and repair program (LDAR) and to make 
certain equipment modifications.

E. What Are the Requirements for Remediation Material That Is Shipped 
Off-Site?

    Under the final rule, where remediation material that will be 
required to be managed in either remediation material management units 
or treatment processes equipped with process vents is shipped to an 
off-site facility, you may need to meet certain requirements before 
transferring the material and maintaining records for the transferred 
materials. We have written the final regulatory language for the 
requirements for transfer of remediation wastes to reflect our original 
objective in establishing the requirements. Also, we have simplified 
the reporting and recordkeeping requirements in the final

[[Page 58180]]

rule related to some off-site transfers of remediation materials. 
Finally, we have included in the final rule an explicit provision 
stating that the acceptance by a facility owner or operator of 
remediation material from a site remediation subject to the final Site 
Remediation NESHAP does not, by itself, require the facility owner or 
operator to obtain a title V permit.

F. What Are the General Compliance Requirements?

    Under the final rule, you must meet each applicable emission 
limitation and work practice standard in the final rule at all times, 
except during periods of startup, shutdown, and malfunction. You must 
develop and implement a written startup, shutdown, and malfunction plan 
for your site remediation according to the provisions of 40 CFR 
63.6(e)(3). You also must develop and implement a site-specific 
monitoring plan for each continuous monitoring system required by the 
final rule. The plan must address installation location, performance 
and equipment specifications, and procedures for performance 
evaluations, operation and maintenance, data quality assurance, and 
recordkeeping and reporting. We have deleted the proposed operation and 
maintenance requirements for continuous parameter monitoring systems 
from the final rule. We are planning to develop and promulgate a single 
set of operation and maintenance requirements for continuous parameter 
monitoring systems applicable to all NESHAP under 40 CFR part 63.

G. What Are the Initial Compliance Requirements?

    Initial compliance with the emissions limitations and work practice 
standards for process vents is achieved by demonstrating compliance 
with the selected set of emission limits (i.e., mass emission limit or 
percent reduction). If a control device is used to achieve compliance 
with the emission limits, you also must establish your operating limits 
for the control device based on the values measured during the 
performance test or determined by the design evaluation.
    Initial compliance with the emissions limitations and work practice 
standards for remediation material management units is achieved by 
demonstrating that the unit meets all applicable air emission control 
requirements for the unit. If a control device is used, initial 
compliance is determined by either: performing a performance test 
according to 40 CFR 63.7 and using specific EPA reference test methods, 
or performing a design evaluation according to procedures specified in 
the final rule. You also must establish your operating limits for the 
control device based on the values measured during the performance test 
or determined by the design evaluation.

H. What Are the Continuous Compliance Provisions?

    To demonstrate continuous compliance with the applicable emissions 
limitations and work practice standards under the final rule, you must 
perform periodic inspections and continuous monitoring of certain types 
of air pollution control equipment you use to comply with the final 
rule. In those situations when a deviation from the operating limits 
specified for a control device is indicated by the monitoring system or 
when a damaged or defective component is detected during an inspection, 
you must implement the appropriate corrective measures.
    To demonstrate continuous compliance with an emission limitation 
for a given affected source, you must continuously monitor air 
emissions or operating parameters appropriate to the type of control 
device you are using to comply with the standard, and keep a record of 
the monitoring data. Compliance is demonstrated by maintaining each of 
the applicable parameter values within the operating limits established 
during the initial compliance demonstration for the control device.
    There are different requirements for demonstrating continuous 
compliance with the work practice standards, depending on which 
standards are applicable to a given affected source. To ensure that the 
control equipment used to meet an applicable work practice standard is 
properly operated and maintained, the final rule requires that you 
periodically inspect and monitor this equipment.

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

    The final rule requires that you keep records and file reports 
consistent with the notification, recordkeeping, and reporting 
requirements in 40 CFR part 63, subpart A. Two basic types of reports 
are required: initial notification and semiannual compliance reports. 
The initial notification report advises the regulatory authority of 
applicability for existing sources or of construction for new sources.
    The initial compliance report demonstrates that compliance has been 
achieved. This report contains the results of the initial performance 
test or design evaluation, which includes the determination of the 
reference operating parameter values or range and a list of the 
processes and equipment subject to the standards. Subsequent compliance 
reports describe any deviations of monitored parameters from reference 
values; failures to comply with the startup, shutdown, and malfunction 
plan (SSMP) for control devices; and results of LDAR monitoring and 
control equipment inspections.
    Records required under the proposed standards must be kept for 5 
years, with at least the 2 most recent years being kept on the facility 
premises. These records include copies of all reports that you have 
submitted to the responsible authority, control equipment inspection 
records, and monitoring data from control devices demonstrating that 
operating limits are being maintained. Records from the LDAR program 
and storage vessel inspections, and records of startups, shutdowns, and 
malfunctions of each control device are needed to ensure that the 
controls in place are continuing to be effective.

J. What Are the Compliance Deadlines?

    Each affected source associated with a site remediation is an 
existing source if you commenced construction or reconstruction of the 
source before July 30, 2002. Each affected source associated with a 
site remediation is a new source if you commenced construction or 
reconstruction of the affected source on or after July 30, 2002. An 
affected source is reconstructed if it meets the definition of 
``reconstruction'' in 40 CFR 63.2.
    Existing sources associated with a site remediation subject to the 
final Site Remediation NESHAP must comply with the final rule 
requirements by October 9, 2006. New sources, with the exception of 
those new sources managing remediation material that is a radioactive 
mixed waste, must be in compliance with the final rule requirements on 
the final rule's effective date or, if it is not yet operational, upon 
initial startup of the source.
    Under the final Site Remediation NESHAP, remediation activities 
(which meet the final rule applicability criteria) that clean up 
radioactive mixed waste are subject to standards for treatment unit 
process vents and equipment leaks. If you have a new affected source 
that manages remediation material that is a radioactive mixed waste, 
and its initial startup date is on or before October 8, 2003, you must 
be in compliance with the final rule requirements no later than October 
9, 2006. If the affected source's initial startup date is after October 
8, 2003, you must be in compliance with

[[Page 58181]]

the final rule requirements upon initial startup.

K. How Does the ``once in, always in'' Policy Apply?

    We explained at proposal why site remediation is a unique source 
category (see 67 FR 49400-49401). Because of its uniqueness, we 
specifically evaluated how the final Site Remediation NESHAP could be 
implemented within the framework of our existing policies for 
implementing the MACT standards promulgated under CAA section 112. Our 
``once in, always in'' policy is that once a facility or source is 
subject to a MACT standard, it remains subject to that standard as long 
as the affected source definition or criteria are met. In the preamble 
to the proposed rule, we discussed our decision that the once in, 
always in policy should not apply to the site remediation source 
category for those facilities that are area sources prior to and after, 
but not during, the cleanup activity. We received many public comments 
supporting this decision. We are reiterating here how we will apply the 
once in, always in policy to facilities that conduct site remediations 
in situations where a facility is an area source prior to the 
remediation activity, but where addition of the potential HAP emissions 
from the remediation activities increases the facility's potential to 
emit (PTE) to levels such that the facility exceeds the 10 or 25 ton 
HAP thresholds for a major source.
    Because the facility is then a major source of HAP, another 
operation at the facility, such as a manufacturing process, would be 
subject to NESHAP for other source categories located at their 
facility. Furthermore, after the remediation is completed, the facility 
would, in terms of potential emissions, essentially be back to where it 
was as an area source (assuming no change in the facility plant 
operations). Under the once in, always in policy, the facility would 
remain subject to the NESHAP that was triggered by the limited duration 
change of source status from area to major brought about by the 
increase in PTE from the site remediation activity.
    In the situation described above, the once in, always in policy 
would create an obvious disincentive for owners or operators to engage 
in site remediations, particularly since voluntary remediation would be 
affected by the final rule. Our intent is to not adopt requirements 
that create incentives to avoid a cleanup or result in the selection of 
less desirable or less protective remediation approaches. Therefore, we 
have determined that the once in, always in policy does not apply where 
a facility's status changes from area source to major source, solely as 
a result of remediation activities regulated by the Site Remediation 
NESHAP, where the facility returns to area source status after the 
cleanup activity.

III. Responses to Major Comments on Proposed Rule

    Our responses to all of the substantive public comments on the 
proposal are presented in the BID which is available in Docket No. OAR-
2002-0021.

A. Why Are We Promulgating NESHAP To Regulate HAP Emissions From Site 
Remediation Activities?

    Comment: Several commenters disagreed with our decision to 
establish a NESHAP regulating HAP emissions from site remediation 
activities. The commenters argued that such a NESHAP is not needed for 
several reasons: the level of HAP emissions from the sources that would 
be subject to the final rule is too low to warrant regulation by a 
NESHAP, adequate air emissions controls already are imposed at sites 
subject to risk assessment, and a NESHAP discourages site owners and 
operators from initiating and conducting voluntary cleanups.
    Response: Section 112 of the CAA requires that we establish MACT 
standards for the control of HAP from both new and existing major 
sources of HAP. Section 112(a)(1) defines a ``major source'' as `` * * 
* any stationary source or group of stationary sources located within a 
contiguous area and under common control that emits or has the 
potential to emit considering controls, in the aggregate, 10 tons per 
year or more of any hazardous air pollutant or 25 tons per year or more 
of any combination of hazardous air pollutants. * * * '' We have 
codified essentially this same definition into Sec.  63.2 of the 
General Provisions to part 63. We have long interpreted this definition 
as requiring that all sources of HAP within a plant site must be 
aggregated, so long as the sources are geographically adjacent and 
under common control (see e.g., 59 FR 12412, March 16, 1994). This 
interpretation was sustained by the court in National Mining Ass'n v. 
EPA, 59 F. 3d 1351, 1355-1359 (D.C. Cir. 1995). A consequence, then, is 
that sources of HAP which are part of a major source, but which would 
not themselves (viewed separately) be major sources, are still 
classified as major sources and are subject to the requirements of CAA 
section 112(c) and (d), which command us to list all categories of 
major sources and establish technology-based standards for those 
sources. The result, for purposes of site remediation activities, is 
that all such remediations conducted at locations which, taken as a 
whole are major sources, are themselves required to be controlled by 
MACT standards in the final rule.
    We determined that there are major sources of HAP where site 
remediations are now being conducted or may be conducted in the future 
to clean up contaminated environmental media or certain stored or 
disposed materials that pose a reasonable potential threat to 
contaminate environmental media. The levels of HAP emissions from 
remediation activities at a given cleanup site depend on a combination 
of site-specific factors including the type of remediation processes 
used and activities conducted; the quantity, HAP composition, and other 
characteristics of the remediation material; and the time required to 
complete the cleanup. We recognize that at some cleanup sites the 
levels of HAP emissions from the remediation activities will be low. 
However, at other cleanup sites the potential level of HAP emissions 
from the remediation activities can be substantial and appropriate air 
pollution controls are needed to protect public health and the 
environment.
    We already have established requirements under our RCRA hazardous 
waste corrective action and CERCLA Superfund programs which address the 
air emissions from certain remediation activities based largely on 
site-specific risk assessments. However, these requirements do not 
apply universally to all site remediations with the potential to emit 
HAP. There are site remediations not subject to these federally-
enforceable requirements. To meet our congressional directive under CAA 
section 112, we are promulgating the final Site Remediation NESHAP 
applicable to those site remediations not subject to federally-
enforceable requirements that will effectively control HAP emissions.
    Finally, the fundamental objective of a site remediation is to 
mitigate a detected risk to public health or the environment by 
successfully completing the cleanup of media or other materials at the 
site that is contaminated by a hazardous substance. It is commendable 
when a site owner or operator voluntarily initiates and conducts a 
cleanup. However, the fact that a cleanup is being conducted 
voluntarily as opposed to being conducted to comply with a Federal or 
State regulatory requirement or fulfill a court directive does not 
obviate or excuse the use of appropriate air pollution controls to 
those site remediation activities with

[[Page 58182]]

the potential to emit substantial quantities of HAP.

B. How Did We Select the HAP To Be Regulated by the Final Rule?

    Comment: Several commenters requested that we reconsider our 
selection of which HAP are regulated under the final rule to include 
metals and inorganic compounds listed as HAP. In particular, the 
commenters stated that beryllium and other heavy metals should be 
included because these HAP cause harm to public health and welfare. 
Other commenters supported our decision not to regulate remediation 
activities that emit metal HAP or other inorganic HAP. One commenter 
stated that the final rule should be based on a HAP list developed 
specifically for site remediation instead of using the list under 40 
CFR part 63, subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations.
    Response: A site remediation potentially could be required at any 
of a wide variety of industrial facilities, manufacturing plants, waste 
treatment and disposal facilities, and other types of sites. 
Consequently, the contaminating substances at a site requiring cleanup 
could be any of the organic, metal, or inorganic chemicals or groups of 
chemicals that are listed as HAP pursuant to CAA section 112(b). 
However, some of these contamination substances that are also listed as 
HAP have no or minimal potential to be emitted to the atmosphere from 
the site remediation activities performed at the site to clean up the 
contamination (notwithstanding that metal and other inorganic HAP may 
be present in the material being remediated).
    In developing the proposed Site Remediation NESHAP, we considered 
all of the HAP listed pursuant to CAA section 112(b) for regulation by 
the proposed rule (see 67 FR 49413). Based on the information available 
to us at proposal regarding the cleanup of media contaminated with 
metals or other inorganic HAP, many of the remediation techniques used 
for these cleanups do not release the metals or inorganic HAP to the 
atmosphere. In cases where remediation material containing a metal or 
inorganic HAP is burned in an incinerator or other combustion unit, the 
combustion unit must already meet air standards under the CAA and RCRA 
that limit organic, particulate matter, metals, and chloride emissions. 
Therefore, we concluded that metals and other inorganic compounds 
listed as HAP pursuant to CAA section 112(b) do not need to be 
regulated by the final Site Remediation NESHAP. We specifically 
requested comment at proposal on our conclusion. We received some 
additional information from commenters supporting our decision not to 
include any metal or inorganic HAP on our list of regulated HAP for the 
final Site Remediation NESHAP. We received no information from 
commenters to support a determination that metal or inorganic HAP are 
being emitted from site remediation activities. Therefore, we continue 
to believe that metal and other inorganic compounds HAP do not need to 
be addressed by the final Site Remediation NESHAP.
    In selecting the organic HAP to be regulated by the final Site 
Remediation NESHAP, we chose at proposal to be consistent with the 
approach we used for under 40 CFR part 63, subpart DD--National 
Emission Standards for Hazardous Air Pollutants from Off-Site Waste and 
Recovery Operations as well as other NESHAP promulgated for source 
categories with large diversity in the organic chemical constituents 
present in the materials managed at any given facility. Under this 
approach, a specific list of pollutants is selected that reasonably 
ensures MACT control of the organic HAP emitted from the source. We 
used this approach to develop the HAP list for under 40 CFR part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations by evaluating each chemical 
or chemical group listed as a HAP in CAA section 112(b) with respect to 
its potential to be emitted from a waste management or recovery 
operation (see 59 FR 1921).
    Subpart DD under 40 CFR part 63 does not apply to OSWRO sources 
managing wastes received from site remediations. However, the data base 
that we used to select the list of HAP for subpart DD under 40 CFR part 
63 included remediation wastes sent to hazardous waste TSDF. We 
concluded that this data base is also representative of the range of 
organic HAP chemicals having the potential to be emitted from the sites 
requiring cleanup of media contaminated with volatile or semi-volatile 
organics and other remediation material. Therefore, we proposed that 
same list of organic HAP used for the subpart DD under 40 CFR part 63 
also be used for the final Site Remediation NESHAP. We requested 
comment at proposal regarding the use of this list of organic HAP for 
the final Site Remediation NESHAP. We received no new data from 
commenters, and have not ourselves found additional data since proposal 
to cause us to alter our conclusion. These data are the best 
information available representative of the range of organic HAP 
chemicals having the potential to be emitted from site remediation 
activities, and that it is most appropriate to use also the HAP list 
from subpart DD under 40 CFR part 63 for the Site Remediation NESHAP.
    When we developed the HAP list for subpart DD under 40 CFR part 63, 
we evaluated each organic chemical or chemical group listed as a HAP in 
CAA section 112(b) with respect to its potential to be emitted from a 
waste management or recovery operation (see 59 FR 51921). The criteria 
used to characterize and evaluate emission potential was based on a 
chemical constituent's Henry's law constant, evaluation of the aqueous 
and organic volatility characteristics of the chemical, and the ability 
of the analytical test methods to quantitate the chemical. Based on our 
evaluation, we developed the list of specific organic HAP compounds or 
compound groups to be regulated under the final rule (Table 1 in 
subpart DD under 40 CFR part 63). We later decided to delete eight 
chemicals from our initial list because we concluded that there is low 
potential for these compounds to be emitted from OSWRO (see 61 FR 
34153). Dimethyl hydrazine was one of the eight compounds we removed 
from the list. Table 1 in the proposed Site Remediation NESHAP 
inadvertently included dimethyl hydrazine as one of the regulated HAP. 
We have corrected Table 1 in the final Site Remediation NESHAP to 
accurately reflect our intent by deleting dimethyl hydrazine from the 
list.

C. How Do We Define Site Remediation in the Final Rule?

    Comment: Commenters expressed the concern that, as proposed, the 
final rule applicability provisions are unclear and circular. Several 
commenters requested that we clearly define the term ``remediation'' or 
the remediation activities subject to the final rule. Commenters also 
stated that routine waste management activities (e.g., tank clean-outs, 
removing spent catalyst from reactors, cleaning heat exchangers and 
other piping, etc.) are not site remediation activities and should be 
distinguished from site remediation activities subject to the final 
rule.
    Response: We have written the regulatory language in the 
applicability section of the final rule to clarify our intent as to 
what is a site remediation for the purpose of implementing the Site 
Remediation NESHAP. The basis for all of our revisions to the proposed 
rule is consistency with our intent that the

[[Page 58183]]

final rule address HAP emissions from activities to clean up 
environmental media contaminated with HAP as well as clean up certain 
stored or disposed materials at a site that contain HAP and pose a 
reasonable potential threat to contaminating environmental media. It 
was never our intention that the final rule be interpreted to apply to 
activities at a facility required for management of waste generated by 
routine equipment maintenance activities or other types of activities 
necessary to continue day-to-day operations at a facility.

D. Why Does the Final Rule Not Apply to CERCLA Superfund and RCRA 
Corrective Action Cleanups?

    Comment: We received comments supporting our proposal that site 
remediations conducted for CERCLA Superfund and RCRA corrective action 
cleanups not be subject to the final Site Remediation NESHAP. These 
commenters believe that these RCRA and CERCLA cleanup programs do have 
appropriate provisions which provide for the protection of public 
health and the environment from air pollutants emitted from site 
remediation activities on a site-specific basis. Other commenters 
opposed the exclusion of these site remediations from being subject to 
the final Site Remediation NESHAP because they assert that neither of 
the RCRA and CERCLA programs have air emission standards for site 
remediation activities and that the requirement of CAA section 112 is 
to establish NESHAP for HAP emissions from these activities. Among 
other things, such control could address any regulatory gaps in RCRA 
and CERCLA requirements.
    Response: The RCRA hazardous waste corrective action and CERCLA 
Superfund programs do not establish national air standards for site 
remediations. These programs, however, do have provisions which provide 
for the protection of public health and the environment from air 
pollutants emitted from these activities on a site-specific basis. As 
we stated at proposal, the established Federal requirements provide an 
appropriate and effective regulatory approach to address air emissions 
from those remediation activities performed under CERCLA authority as a 
remedial action or a non-time critical removal action, or under RCRA 
authority at permitted or Federal Order RCRA corrective action sites.
    The Superfund program is designed to protect public health and the 
environment while providing the flexibility to use effective and 
innovative remediation approaches that best suit the site-specific 
conditions at each CERCLA site (CERCLA section 121). The Superfund 
program conducts extensive evaluation of the contamination at each 
CERCLA site (see 40 CFR 300.430). As part of the evaluation process, a 
decision document (i.e., Record of Decision (ROD)) is developed for 
response actions, documenting the extent of contamination and the 
cleanup method(s) to be used at the site. Under this process, a site-
specific analysis, considering the impacts to air, soil and 
groundwater, is conducted and an appropriate remedy is selected. During 
the ROD process, the general public is given the opportunity for input 
in the decision-making process through public hearings and submission 
of written comments. The public plays an important role in identifying 
and characterizing site-specific factors, such as the type of 
contaminants, the level and extent of contamination and other site-
specific factors. We believe this procedure results in selection of the 
best plan for cleaning up each site and achieving the program's goals.
    As implemented under the requirements of RCRA, hazardous waste 
treatment, storage and disposal facilities must obtain a permit 
specifying requirements for managing hazardous waste. As a condition of 
obtaining this permit, facilities are required to undertake corrective 
action addressing releases of hazardous waste and hazardous 
constituents from units at the facility which do not themselves require 
RCRA permits (solid waste management units) (RCRA section 3004(u)). For 
such designated contamination areas at TSDF, requirements for the 
cleanup of the contamination are included in the facility's RCRA 
permit, or Federal Order where applicable. Such cleanup activities are 
known as ``corrective actions.'' Although RCRA is a separate program 
from Superfund, the RCRA permitting or Federal Order process for TSDF 
share several significant characteristics with Superfund cleanup 
activities at CERCLA sites. First, it is also the intent of the RCRA 
corrective action program to protect public health and the environment 
while allowing flexibility in choosing solutions to eliminate or reduce 
site contamination. Second, RCRA permitting and Federal Order 
procedures involve the public in the decision-making process through 
informal public meetings, public hearings or written comment. Finally, 
an extensive site-specific evaluation is performed at the RCRA facility 
to evaluate the extent of the contamination, while considering 
appropriate remedies through a multi-media (i.e., air, soil, 
groundwater) perspective (see 67 FR 49406 for additional explanation).

E. Why Does the Final Rule Potentially Apply to State and Voluntary 
Cleanup Programs?

    Comment: Many commenters requested that in addition to CERCLA 
Superfund and RCRA corrective action cleanups, that other cleanups 
conducted under Federal or State oversight not be subject to the final 
rule, where such cleanups are conducted following CERCLA or RCRA 
requirements. The commenters argued that these cleanups conducted under 
State Superfund, Brownfield, voluntary cleanup, or other similar 
programs are subject to emissions controls and requirements that are 
substantially similar to those in the CERCLA or RCRA programs.
    Response: The final Site Remediation NESHAP applies only to site 
remediations that meet the three applicability conditions specified in 
the final rule. We have determined that site remediations at those 
sites that meet these applicability conditions warrant the 
implementation of air pollution controls to reduce the emission of 
organic HAP to the atmosphere. As discussed in our previous response, 
we are exempting from the final rule requirements those sites that meet 
the final rule applicability conditions where the site remediations are 
conducted for CERCLA (Superfund) or RCRA corrective action cleanups. 
This includes the site remediations in one of 39 States that the EPA 
has authorized to oversee cleanups at TSDF under RCRA corrective 
action. Site remediations administered under these federally-
enforceable programs address the organic HAP emissions from the site 
remediations on a site-specific basis.
    The overall objective of any site remediation, whether it be a 
Federal required, State required, or voluntary cleanup, is to remove 
the threat to human health and the environment posed by the presence of 
hazardous substances in the contaminated media and wastes that can 
potentially contaminate the media at the site. However, the actions 
taken at a given contamination site that remove the hazardous 
substances from water or soil by transferring those substances to the 
air is not in the best interest of protecting human health and the 
environment from exposure to these hazardous substances. Unlike CERCLA 
or RCRA corrective action cleanups, State regulatory and voluntary 
cleanup programs are not uniform on a national basis, any requirements 
imposed on a given site remediation are not federally-

[[Page 58184]]

enforceable by the EPA, and the programs may not specifically address 
site remediation air emissions. For these reasons, we cannot view these 
activities as the functional equivalent of MACT, and, therefore, we 
cannot justify extending the same exemption we provide for CERCLA 
Superfund or RCRA corrective action cleanups to site remediations 
conducted for State regulatory and voluntary cleanup programs. 
Therefore, we are maintaining the applicability of the final rule to 
those site remediations conducted for State regulatory and voluntary 
cleanup programs where the site remediation meets the applicability 
conditions specified in the final rule.

F. How Does the Final Rule Apply to Cleanups of Leaking Underground 
Storage Tanks?

    Comment: Many commenters agreed with the decision to modify the 
site remediation source category listing to exclude remediation 
activities at leaking underground storage tanks (UST) located at 
gasoline service stations. However, commenters argued that because the 
types, sizes and purpose of UST used for the storage of motor fuels or 
heating oils at all types of commercial and industrial properties are 
comparable to those located at gasoline service stations, then 
remediation activities associated with any UST contamination cleanups 
regardless of location also should not be subject to the Site 
Remediation NESHAP.
    Response: The rationale for our decision to modify description for 
the site remediation source category to exclude remediation activities 
from leaking UST located at gasoline service stations is based on our 
estimates of the total HAP emissions from a typical cleanup of 
contamination from the size and types of underground tanks commonly 
used at gasoline service station sites. These estimates indicate that 
the level of HAP emissions from these sites would be significantly 
below the major source threshold levels (i.e., less than 10 tpy of a 
single HAP or 25 tpy of all HAP) (see 67 FR 49400). Gasoline service 
station sites are area sources. Site remediation was listed as a source 
category for MACT standard development to address HAP emissions at 
major sources where remediation technologies and practices also are 
used at the site to clean up contaminated environmental media (e.g., 
soils, groundwaters, or surface waters) or other materials that pose a 
reasonable potential threat to contaminate environmental media. Our 
decision was not based on a determination that UST contamination 
cleanups regardless of location should not be included in the site 
remediation source category. Therefore, we believe that if a leaking 
UST cleanup is conducted at a major source site then it is appropriate 
(and indeed mandated) to require the cleanup activities comply with the 
final Site Remediation NESHAP requirements.

G. How Does the Final Rule Apply to Cleanups of Radioactive Mixed 
Waste?

    Comment: Six commenters opposed the proposal that any site 
remediation involving the cleanup of radioactive mixed waste not be 
subject to the Site Remediation NESHAP. These commenters argued that 
the existing Federal regulations for mixed waste are not adequately 
addressing the HAP emissions from remediation activities at existing 
facilities managing these types of wastes. Two commenters expressed 
support for the proposal because they believe that mixed wastes are 
already appropriately and protectively managed under the Atomic Energy 
Act and Nuclear Waste Policy Act.
    Response: Radioactive mixed wastes (RMW) are wastes that contain 
radioactive materials as well as wastes listed or identified as 
hazardous under RCRA. Radioactive mixed wastes must be managed 
according to RCRA subtitle C regulations. In addition, these wastes are 
subject to standards administered by the Nuclear Regulatory Commission 
(NRC) under the Atomic Energy Act (AEA) and Nuclear Waste Policy Act 
(NWPA) of 1982 that address the safe handling and disposal of 
radioactive waste.
    In developing the air standards under CAA authority for stationary 
sources that potentially may manage wastes also subject to requirements 
under other legislative authorities, we consider the management 
practices required for these wastes to avoid inconsistencies between 
any CAA requirements that might be established and existing 
requirements under the other applicable authorities. We reviewed the 
special nature of existing requirements for managing radioactive mixed 
wastes with respect to requirements for the control of organic HAP 
emissions we proposed to establish under the final Site Remediation 
NESHAP. In certain cases, the air pollution controls used as the basis 
for the standards under the final Site Remediation NESHAP are not 
compatible with the NRC requirements for safe handling of radioactive 
mixed wastes. For example, drums used to store radioactive mixed waste 
cannot be sealed with vapor leak-tight covers because of unacceptable 
pressure buildup of hydrogen gas to levels that can potentially cause 
rupture of the drum or create a potentially serious explosion hazard (a 
hazard which, by any commonsense measure, exceeds risk posed by 
emission of organic HAP). (See Air Docket ID No. OAR-2002-0021; see 
also S. Rep. No 228, 101st Cong. 1st sess. at 168 (``* * * In cases 
where control strategies for two or more different pollutants are in 
actual conflict, the Administrator shall apply the same principle--
maximum protection of human health shall be the objective test. * * 
*'').)
    The generation of hydrogen gas is a result of the radiolytic 
decomposition of organic compounds (i.e., plastics) and/or aqueous 
solutions within the container. Plastics are commonly used as a barrier 
to alpha radiation both in handling operations and in waste packaging. 
Over time, the alpha particle causes the hydrolysis of chemical bonds 
within the plastic material which results in the release of hydrogen 
gas. Likewise, hydrolysis of aqueous solutions will yield hydrogen. 
Additionally, radiation-induced degradation and biodegradation of 
organic low-exchange resin waste, which are also RMW, generated during 
water treatment at nuclear facilities, can result in the production of 
gaseous products (i.e., hydrogen and carbon dioxide) which in turn can 
result in pressure buildup and failure of the container. Consequently, 
a drum used for storage of radioactive mixed wastes must be 
continuously vented through special filters in accordance with 
technical guidance issued by the NRC to prevent the hydrogen 
concentration in the drum from reaching dangerous levels. Because of 
pressure build-up inside the container, a vent for gaseous compounds is 
necessary to prevent failure of a high-integrity container (i.e., vent 
designs incorporated into high integrity containers restrict the 
release of radionuclides from the container into the environment while 
allowing the gas to be vented). (See RCRA Docket Items F-91-CESP-00046 
and F-94-CESF-S0001, which are part of the administrative record for 
the final rule.)
    In accordance with the Waste Isolation Pilot Plant (WIPP), 
Carlsbad, New Mexico, Waste Acceptance Plan (WAP), wastes that are to 
be shipped to the WIPP must be in containers that are vented to prevent 
the buildup of pressure. The container vents must be filtered to ensure 
that no radioactive waste components are released. For example, the 
Hazardous Waste Permit for the WIPP, dated November 25, 2002, in 
section M1-1d describing container management practices states on page 
M1-8 ``* * * Because containers at the WIPP will contain radioactive 
waste,

[[Page 58185]]

safety concerns require that containers be continuously vented to 
obviate the buildup of gases within the container. These gases could 
result from radiolysis, which is the breakdown of moisture by 
radiation. The vents, which are nominally 0.75 in. (1.9 centimeters) in 
diameter, are generally installed on or near the lids of the 
containers. These vents are filtered so that gas can escape while 
particulates are retained. * * *'' In addition, the permit in the 
section describing the requirements for the standard transuranic mixed 
waste drums states on page M1-2, ``* * * One or more filtered vents (as 
described in section M1-1d) will be installed in the drum lid to 
prevent the escape of any radioactive particulates and to eliminate any 
potential of pressurization. * * *''
    To comply with these requirements, the drum lid is punctured to 
release any buildup of potentially explosive hydrogen gas and a 
specially-designed, carbon composite membrane filter vent is attached. 
The function of this filter vent is to retain radionuclides inside a 
container while allowing hydrogen and other gases (e.g., VOC) to pass 
through to the atmosphere. In particular, the carbon composite membrane 
used in the filter vent does not inhibit the passing of VOC from the 
container into the atmosphere.
    Because it was judged an unsafe practice to store RMW drums and 
other containers with tight covers, and because the WIPP Waste Analysis 
Plan requires that containers be vented for shipment to the WIPP, we 
determined that many Department of Energy facilities may be unable to 
meet the tight cover control device criteria for containers as 
specified in the proposed Site Remediation NESHAP. In addition, we were 
unable to determine, if there were any available technologies that 
could be applied to the RMW containers that would control organic air 
emissions in a safe and cost-effective manner while also complying with 
WIPP and other AEA and NWPA requirements.
    Information gathered and reviewed following proposal of the Site 
Remediation NESHAP does not indicate that the situation regarding the 
safety issue related to storage of RMW has changed since proposal. The 
potentially conflicting requirements for containers (and other storage 
units) to be vented under one set of rules versus the requirements for 
closed, tight fitting covers under the CAA rules remains to be 
resolved. We are not aware of any available device to control organic 
air emissions (such as an activated carbon filter) that can be used in 
combination with the carbon composite membrane filter vent on a RMW 
container. No available technologies have been identified that could be 
applied to the RMW containers that would control organic air emissions 
in a safe and cost-effective manner while also complying with WIPP and 
other AEA and NWPA requirements. With no known controls in place on 
these sources, the MACT floor for RMW sources (e.g., RMW containers) 
appears to be no control beyond that already provided by the NRC and 
other applicable regulations. Codifying the same level of control 
already established under another regulatory authority as a MACT 
standard seems a needless expenditure of resources since it would not 
change existing practice or otherwise provide benefits not already 
provided by the existing regulations. Therefore, we have retained in 
the final rule an exemption from the air pollution control requirements 
under the final Site Remediation NESHAP for remediation material 
management units (e.g., tanks, containers, and surface impoundments) 
managing RMW.
    Although the technical information and data we have collected 
support inclusion of an exemption for remediation material management 
units managing RMW from the air pollution control requirements under 
the final Site Remediation NESHAP, we concluded from our review of this 
information that this is not the case for site remediation treatment 
process vents and equipment leaks. The technical and safety concerns 
for the required controls for organic emissions from containers and 
tanks managing RMW are not an issue with the controls required by the 
final Site Remediation NESHAP for treatment unit process vents and 
equipment leaks if applied to remediation material streams that are 
classified as RMW. We have not identified any conflicting regulatory 
requirements that would preclude the use of air pollution controls on 
these sources as is the case with tanks and containers. Also, since 
1990, remediation material streams classified as RMW have been subject 
to, and in compliance with, the air pollution control requirements in 
the national air standards we promulgated under RCRA authority to 
control total organic emissions from hazardous waste TSDF treatment 
process vents (subpart AA in 40 CFR parts 264 and 265) and equipment 
leaks (subpart BB in 40 CFR parts 264 and 265). The air pollution 
control requirements under these RCRA air rules are the same as the 
requirements for site remediation treatment process vents and equipment 
leaks included in the final Site Remediation NESHAP. With demonstrated 
controls in place on these treatment unit and equipment component 
sources, MACT for these RMW sources (i.e., process vents and equipment 
leaks) would be established at the control levels required under those 
rules. Because the technical issues related to safety concerns for RMW 
containers and other storage units do not apply to treatment unit 
process vents and equipment leaks, we have written the final Site 
Remediation NESHAP to limit the exemption to only remediation material 
management units managing RMW. Remediation activities involving the 
cleanup of RMW that meet the final rule applicability criteria are 
subject to standards for treatment unit process vents and equipment 
leaks under the final Site Remediation NESHAP.

H. How Does the Final Rule Apply to Short-Term Site Remediations at 
Affected Facilities?

    Comment: Commenters supported our proposal to exempt short-term 
cleanups from being subject to the emissions limitations and work 
practice standards but requested longer allowable cleanup intervals. 
Commenters argued that the proposed 7-day initiation period from the 
time the contamination occurs and 30-day cleanup period are too short 
because they do not account for circumstances beyond the control of an 
owner or operator which may delay discovery of the contamination or 
completing the cleanup within 30 days.
    Response: We reviewed our proposed regulatory language for the 
exemption and concluded that the proposal does not accurately reflect 
our intent. Therefore, we have written in the final rule the approach 
we use to implement the exemption. This approach preserves our original 
intent as to which site remediations warrant exemption as well as 
addresses the concerns raised by commenters regarding the situations 
when a short-term site remediation takes longer to complete than 
initially planned and extends beyond the allowable time interval 
because of circumstances beyond their control.
    The purpose of the final Site Remediation NESHAP is to control 
organic HAP emissions released to the atmosphere during site 
remediations. Organic HAP emissions from in-situ treatment processes 
primarily occur when an air or gas stream from the remediation process 
is exhausted to the atmosphere. Organic HAP emissions can be released 
from extraction or excavation of contaminated material and the 
subsequent handling, treatment, and disposal of these materials. The

[[Page 58186]]

emissions do not occur prior to the time that these remediation 
activities actually start.
    We recognize that activities necessary to plan, arrange, and 
schedule the site remediation may take more than 30 days. Also, we 
recognize that there may be delays in starting the site remediation due 
to circumstances beyond the control of a site owner or operator such as 
waiting for necessary permit approvals from a State or local agency, or 
scheduling of personnel or equipment contracted to complete the cleanup 
work.
    Furthermore, a site remediation does not occur until a source of 
actual or potential hazardous substance contamination is discovered. In 
many cases, when the contamination is discovered may not be the same 
time that the contamination occurs. For example, the new owner or 
operator of a site may discover a contaminated source requiring 
remediation that occurred years earlier due to improper practices of 
the previous site owner. We recognize that in many situations it is 
difficult, if not impossible, for facility owners and operators, as 
well as enforcement personnel, to verify whether a given site 
remediation is initiated within 7 days of the contamination occurring. 
Therefore, we decided to eliminate any conditional requirements for the 
exemption related to when the contamination occurred. Instead, it is 
more appropriate and practical to base the time limit for the short-
term exemption on the period that the on site work is performed for 
those activities with the actual potential to emit HAP.
    For the final Site Remediation NESHAP, we adopted the approach of 
exempting short-term site remediations that can be completed within a 
given number of consecutive calendar days as determined from the day 
that any action is first initiated that removes, destroys, degrades, 
transforms, immobilizes, or otherwise manages the remediation 
materials. In adopting this approach, we exclude those activities that 
need to be completed to perform a site remediation but are not 
responsible for the generation of HAP emissions from site remediations, 
namely: activities required to characterize the type and extent of the 
contamination by collecting and analyzing samples, to obtain any 
permits required by State or local authorities to conduct the site 
remediation, to schedule workers and necessary equipment, and to 
arrange for any contractor assistance in performing the site 
remediation.
    Given our revised regulatory approach for the short-term site 
remediation exemption, we re-evaluated the maximum time interval 
appropriate for the exemption. We proposed a maximum time interval of 
30 days for the exemption. This proposed time interval included time to 
complete those sampling, planning, and scheduling activities that 
needed to perform a site remediation but are not part of the physical 
activities which cause HAP to be emitted at the cleanup site. Under the 
final rule, the exemption is based on the time interval required to 
complete only those remediation activities that actually emit or have a 
potential to emit HAP. We believe that the physical part of the site 
remediations we intend for this exemption to apply can reasonably be 
completed within a period much shorter than 30 days (e.g., 1 week, 14 
days). However, there are situations where a remediation at a 
particular site which normally should be completed within these shorter 
periods cannot be due to factors beyond the control of the owner or 
operator that curtail or delay the remediation activities (such as 
severe weather or machinery breakdowns). Therefore, we decided that 
selecting a maximum time interval of 30 days for the exemption will 
allow a sufficient period to complete the types of cleanups we intend 
for this exemption to apply to and to provide a reasonable amount of 
leeway to account for any unforeseen circumstances that may develop at 
a site.
    Finally, it is our intention that the short-term exemption only be 
applicable to those site remediations for which the cleanup of the 
entire contaminated area at the site can be completed within 30 
consecutive days. The exemption is not intended to be used for longer 
term cleanups of contaminated areas whereby the remediation activities 
at the site are started, stopped, and then re-started in a series of 
intervals with durations less than 30 days per interval for which the 
total time of all of the intervals required to complete the site 
remediation exceeds a total of 30 days.

I. How Does the Final Rule Apply to Remediation Materials Sent Off-Site 
From Affected Facilities?

    Comment: Commenters opposed the proposed rule requirements on the 
transfer of remediation material to another party or site. The 
commenters asserted that proposed requirements are unnecessarily 
burdensome on both the shipping and receiving parties. Furthermore, 
requiring owners and operators to submit a written certification of 
intent to comply with the final rule adds paperwork with little or no 
environmental or health benefit. The requirements also have the 
potential to be an especially burdensome task for the off-site facility 
that are now an area source.
    Response: The objective of a site remediation is to mitigate a 
detected risk to public health or the environment by successfully 
completing the cleanup of an area contaminated by a hazardous 
substance. At many remediation sites, the contaminated material is 
excavated or extracted and then shipped to another site for treatment 
or disposal. Simply moving contaminated material containing organic HAP 
from the cleanup site to another site across town or in another 
community does not address the potential for these HAP to be emitted to 
the air and, subsequently, pose a risk to public health or the 
environment. It merely transfers the risk to another locale. Nor does 
such a practice reflect the maximum emission reduction achievable, as 
required by CAA section 112(d)(2) and (3). Thus, there is a need to 
ensure that those remediation materials with the potential to emit 
organic HAP are managed and treated in units using appropriate air 
pollution controls regardless of where those units are located. To 
address this need, we are including in the final Site Remediation 
NESHAP the requirement that remediation material transferred to another 
party or shipped to another facility must be managed according to the 
air pollution control requirements specified in the final rule.
    We believe that the transfer provision under the final Site 
Remediation NESHAP does not establish requirements that are burdensome 
on either the remediation material shipping or receiving parties. We 
expect that, for many of those situations where a remediation material 
is subject to the off-site transfer requirements under the final rule, 
the material will be sent to a facility that is already complying with 
subpart DD in 40 CFR part 63 or a hazardous waste TSDF already 
complying with the RCRA air standards under subparts AA, BB, and CC of 
40 CFR part 264 or 265. The air pollution control requirements under 
subpart DD in 40 CFR part 63 and RCRA TSDF air rules are effectively 
the same as those required under the final Site Remediation NESHAP. 
Consequently, it is likely that many, if not all, of the sites 
receiving the types of remediation materials subject to the off-site 
transfer requirements will already be using the necessary air pollution 
controls to comply with these other CAA and RCRA air rules. Thus, the 
off-site transfer requirements in the final Site Remediation NESHAP 
should not impose a need for these sites to

[[Page 58187]]

purchase and install new air pollution controls.
    While off-site waste and recovery operations and hazardous waste 
TSDF already should be properly equipped to receive and manage 
remediation materials from cleanup sites subject to the final Site 
Remediation NESHAP, there are no existing rules requiring all owners 
and operators performing cleanups of contaminated materials containing 
organic HAP to ship the remediation materials to such facilities. It is 
possible that there are special circumstances where remediation 
material is transferred to a facility other than a facility subject to 
subpart DD under 40 CFR part 63 or a hazardous waste TSDF. We also must 
address the potential for circumvention of the final rule's purpose at 
a site where the remediation material is simply excavated or extracted 
and then intentionally transferred outside the site's legal boundaries 
to avoid having to use air pollution controls. Thus, the level of 
control reflecting MACT provided by subpart DD under 40 CFR part 63 
(and the corresponding RCRA subtitle C rules for air emissions) is not 
necessarily being provided for all remediation waste transfer 
operations, so a MACT standard would not merely duplicate existing 
regulatory requirements. In those cases where an off-site facility is 
receiving remediation material subject to regulation by the final Site 
Remediation NESHAP, but units at the facility currently are not using 
the air pollution controls required by the final Site Remediation 
NESHAP, the facility owner or operator has the option of declining to 
accept the remediation material from the cleanup site or installing the 
required air pollution controls on just those units that manage the 
remediation material.
    While it is essential that the off-site transfer provision be 
included in the final Site Remediation NESHAP to ensure remediation 
materials from cleanup sites subject to the final rule are managed and 
treated in units using appropriate air pollution controls regardless of 
the units' location, we have reviewed the proposed recordkeeping, 
certification, and notification requirements associated with the off-
site transfer provision. We can simplify the administrative 
requirements for the facility owners and operators and still 
effectively implement and enforce the off-site transfer provision. 
Therefore, we have written the final rule to simplify the recordkeeping 
and certification requirements for both owners and operators of 
facilities shipping as well as receiving the remediation materials.
    Finally, the off-site transfer provision is not intended to trigger 
a title V permitting requirement for the owner or operator of a 
facility that currently is an area source. To address this situation, 
we have added in the final rule an explicit provision stating that the 
acceptance by a facility owner or operator of remediation material from 
remediation site subject to the final Site Remediation NESHAP does not, 
by itself, require the facility owner or operator to obtain a title V 
permit.

IV. Summary of Environmental, Energy, and Economic Impacts

    We prepared estimates of the environmental, energy, and economic 
impacts for the proposed rule based on the best information available 
to us including remediation waste quantity and treatment practice data 
for the year 1997 and earlier. No new information or data applicable to 
the impact estimates were provided by commenters on the proposed rule. 
Since proposal we have reviewed our data sources to determine the 
availability of additional information to update and supplement our 
original database used for the impact estimates. We concluded that our 
original database remains the best available source of information 
available to us for estimating impacts for the final rule.
    Furthermore, the changes made since proposal for the final rule do 
not change any of the assumptions we made for our original impact 
estimates. Therefore, our impact estimates for the proposed rule remain 
valid and applicable for the final rule. These impact estimates are 
summarized below.

A. What Are the Air Emission Impacts?

    We estimated nationwide organic HAP emissions from the site 
remediations potentially subject to the final rule to be approximately 
1,140 Mg/yr. Nationwide VOC emissions from regulated sources are 
estimated to be approximately 7,360 Mg/yr. (Although not all VOC are 
organic HAP, we may permissibly note the air benefits from controlling 
non-HAP pollutants such as VOC when considering a MACT standard. See S. 
Rep. 101-228, 101st Cong. 1st sess. 172). We estimate that 
implementation of the final rule will reduce these nationwide air 
emissions by approximately 50 percent to 570 Mg/yr of HAP and 3,680 Mg/
yr of VOC.

B. What Are the Cost Impacts?

    The nationwide total capital investment cost and the annual 
operating cost of the control equipment required to comply with the 
final rule are estimated to be approximately $18 million and $6 million 
per year, respectively. When fully implemented, the final rule is 
estimated to result in a total annual cost of approximately $9 million 
per year.

C. What Are the Economic Impacts?

    The final rule will affect certain owners and operators of 
facilities that are major sources of HAP emissions and at which a site 
remediation is conducted to clean up soils, groundwaters, surface 
waters, or certain other materials contaminated with one or more of the 
organic HAP listed in the final rule. Because of the nature of 
activities regulated by the source category, a comprehensive list of 
NAICS codes cannot be compiled for businesses or facilities potentially 
regulated by the final rule. As a result, the economic impact analyses 
focused on a set of industries from the 1997 Biennial Reporting System 
(BRS) database that were known to be large quantity generators of 
hazardous waste and who were remediating hazardous waste as part of a 
site remediation. The data provides an adequate overview of the 
potential impacts of the final rule. However, we recognize that the 
actual industries directly impacted by the final rule in the year the 
final rule is implemented and the costs incurred by these industries 
may differ somewhat from the set of industries identified in the 1997 
BRS data and the costs assigned to these industries for the purposes of 
the economic analysis.
    In general, we did not find evidence of significant impacts at the 
industry level. From the BRS data, over 80 industries were predicted to 
have annual compliance costs as a result of the final rule, and 15 
industries accounted for 91 percent of the national compliance cost 
estimate. We used an engineering or financial analysis to estimate 
impacts, which takes the form of the ratio of compliance costs to the 
value of sales (cost-to-sales ratio (CSR)). We calculated CSR for 12 
industries and found all had CSR below 0.02 percent. The CSR are less 
than the lower quartile return on sales for all industries with 
profitability data available. We did not compute CSR for the remaining 
three industries because revenue data were not available.
    The CSR will likely overstate the impact on firms and understate 
the impact on consumers. The CSR assumes that there are no changes in 
the market as a result of the higher costs of production faced by the 
firms and that the firms continue to produce the same quantities, sell 
at the same price and absorb the full amount of the compliance costs.

[[Page 58188]]

    Small business impacts were particularly difficult to assess 
because of the uncertainty over the facilities that actually will be 
impacted by the final rule. As a result, we concluded that sufficient 
data and related information did not exist to conduct a small business 
screening analysis.

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

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

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 review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines a ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that the final rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866, and is, 
therefore, not subject to OMB review.

B. Paperwork Reduction Act

    The information collection requirements in the final rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The 
information collection requirements are not enforceable until OMB 
approves them.
    The information to be collected for the final Site Remediation 
NESHAP are based on notification, recordkeeping, and reporting 
requirements in the NESHAP General Provisions in 40 CFR part 63, 
subpart A), which are mandatory for all operators subject to national 
emission standards. These recordkeeping and reporting requirements are 
specifically authorized by section 114 of the CAA (42 U.S.C. 7414). All 
information submitted to the EPA pursuant to the recordkeeping and 
reporting requirements for which a claim of confidentiality is made is 
safeguarded according to EPA policies set forth in 40 CFR part 2, 
subpart B.
    The final rule requires maintenance inspections of the control 
devices but would not require any notifications or reports beyond those 
required by the General Provisions in subpart A to 40 CFR part 63. The 
recordkeeping requirements require only the specific information needed 
to determine compliance.
    The annual projected burden for this information collection to 
owners and operators of affected sources subject to the final rule 
(averaged over the first 3 years after the effective date of the 
promulgated rule) is estimated to be 341,737 labor-hours per year, with 
a total annual cost of $17.7 million per year. These estimates include 
a one-time performance test and report (with repeat tests where 
needed), one-time submission of an SSMP with semiannual reports for any 
event when the procedures in the plan were not followed, semiannual 
compliance reports, maintenance inspections, notifications, and 
recordkeeping. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is 
approved by OMB, the Agency will publish a technical amendment to 40 
CFR part 9 in the Federal Register to display the OMB control number 
for the approved information collection requirements contained in the 
final rule.

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the final rule. For 
purposes of assessing the impacts of today's rule on small entities, 
small entity is defined as: (1) A small business as defined by the 
Small Business Administrations' regulations at 13 CFR 121.201; (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities.
    The final Site Remediation NESHAP sets minimum air standards under 
authority of the CAA to control HAP emissions to be met if a facility 
owner or operator conducts a site remediation subject to the final 
rule. The final rule places no requirement on any facility owner or 
operator to initiate site remediation activities. The duty for an owner 
or operator to conduct a site remediation is established under RCRA, 
CERCLA, State, or other regulatory authorities. Given that States and 
other parties often decide whether site remediation activities are to 
be conducted at a given facility, it is extremely difficult, if not 
impossible, for us to predict how many or what types of small entities 
will undertake such site remediation activities and in which cases 
these activities will be subject to the final Site Remediation NESHAP.
    While we cannot predict the exact number or types of small entities 
that will be subject to the final Site Remediation NESHAP, we have 
structured the final rule applicability conditions and threshold levels 
to minimize any impacts on those small businesses that do conduct site

[[Page 58189]]

remediations. The final rule only applies to those site remediations 
conducted at a facility that is both a major source of HAP emissions 
(as defined in CAA section 112) and where there are other non-
remediation stationary sources at the facility that meet one of the 
affected source definition specified for a source category which is 
regulated by another subpart under 40 CFR part 63. The facilities that 
meet these applicability conditions tend to be large businesses.
    Furthermore, types of site remediations typically expected to occur 
at small businesses are not subject to the final Site Remediation 
NESHAP. For example, we specifically exclude from the final rule 
applicability those site remediations to clean up contamination 
resulting from leaking underground storage tanks at a gasoline service 
station, farm, or residential site (remediation activities at these 
sites were found not to exceed the threshold HAP emission levels 
required to be designated a major source). Also, we expect that the 
applicable thresholds for those site remediations required to use air 
pollution controls under the final Site Remediation NESHAP apply to 
few, if any, facilities that are small businesses. For example, use of 
air pollution controls are not required under the final rule for those 
site remediations that physically can be completed within 30 days or 
for which total quantity of organic HAP contained in the extracted 
remediation material is less than 1 Mg.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires 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 final 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 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, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The maximum total annual cost of the 
final rule for any year has been estimated to be about $24 million. 
Thus, the final rule is not subject to the requirements of sections 202 
and 205 of the UMRA. 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 section 
203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires 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. Thus, the requirements of 
section 6 of the Executive Order do not apply to the final rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) requires us 
to develop ``an accountable process to ensure meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.''
    We have concluded that the final Site Remediation NESHAP may have 
tribal implications since the types of site remediation activities 
subject to the final rule potentially could be conducted on tribal 
lands. However, we are not aware of any specific remediation activities 
on tribal lands presently being conducted that would be subject to the 
final rule. If a site remediation subject to the final rule is 
initiated on tribal lands in the future, it will neither impose 
substantial direct compliance costs on tribal governments, nor preempt 
Tribal law. Thus, the requirements of sections 5(b) and 5(c) of the 
Executive Order do not apply to the final rule.
    In the spirit of Executive Order 13175, and consistent with EPA 
policy to promote communications between EPA and tribal governments, we 
nonetheless made attempts to invite tribal representatives to 
participate in the rulemaking activities early in the process of 
developing the final rule to permit them to have meaningful and timely 
input into its development. We contacted tribal representatives and 
groups directly to notify them of the final rule development activity 
and to solicit their participation. At proposal, we specifically 
requested comment on the proposed rule from tribal officials. No tribal 
representatives requested to participate in the rulemaking process, and 
we received no comments on the proposed rule from any tribal 
government.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant,'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that 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

[[Page 58190]]

the planned rule on children and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    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 or safety risks. No children's risk 
analysis was performed because no alternative technologies exist that 
would provide greater stringency at a reasonable cost. Furthermore, the 
final rule has been determined not to be ``economically significant'' 
as defined under Executive Order 12866.

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

    The final rule is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law No. 104-113; 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, business practices) 
developed or adopted by one or more voluntary consensus bodies. The 
NTTAA directs EPA to provide Congress, through annual reports to the 
Office of Management and Budget (OMB), with explanations when an agency 
does not use available and applicable voluntary consensus standards.
    The final rule involves technical standards. The EPA cites the 
following standards in the final rule: EPA Methods 1, 1A, 2, 2A, 2C, 
2D, 3, 4, 9, 18 (total organic HAP or total organic compounds), 21, 22, 
25, 25A, 25D, 25E, 27, 305, 316 of 40 CFR part 60 appendix A, and 
Method 9095A in SW 846, ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods.'' Consistent with the NTTAA, the EPA 
conducted searches to identify voluntary consensus standards in 
addition to these EPA methods. No applicable voluntary consensus 
standards were identified for EPA Methods 1A, 2A, 2D, 9, 21, 22, 25D, 
25E, 27, 305, 316, and SW 846 Method 9095A. The search and review 
results have been documented and are placed in the docket (Docket ID 
No. OAR-2002-0021) for the final rule.
    The search for emissions measurement procedures identified 10 other 
voluntary consensus standards. The EPA determined that eight of these 
10 standards identified for measuring emissions of the HAP or 
surrogates subject to emission standards in the final rule were 
impractical alternatives to EPA test methods for the purposes of the 
final rule. Therefore, EPA does not intend to adopt these standards for 
this purpose. (See Docket ID No. OAR 2002-0021.)
    Sections 63.7940 through 63.7944 to the final Site Remediation 
NESHAP specify the EPA testing methods to be used for demonstrating 
compliance with the final rule requirements. Under Sec. Sec.  63.7(f) 
and 63.8(f) of subpart A of the General Provisions, a source may apply 
to EPA for permission to use alternative test methods or alternative 
monitoring requirements in place of any of the EPA testing methods, 
performance specifications, or procedures.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement 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 final rule in the Federal Register. The final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: August 20, 2003.
Marianne Lamont Horinko,
Acting Administrator.


0
For the reasons stated in the preamble, title 40, chapter I, part 63, 
of the Code of the 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 subpart GGGGG to read as follows:

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

Sec.

What This Subpart Covers

63.7880 What is the purpose of this subpart?
63.7881 Am I subject to this subpart?
63.7882 What site remediation sources at my facility does this 
subpart affect?
63.7883 When do I have to comply with this subpart?

General Standards

63.7884 What are the general standards I must meet for each site 
remediation with affected sources?
63.7885 What are the general standards I must meet for my affected 
process vents?
63.7886 What are the general standards I must meet for my affected 
remediation material management units?
63.7887 What are the general standards I must meet for my affected 
equipment leak sources?
63.7888 How do I implement this rule at my facility using the cross-
referenced requirements in other subparts?

Process Vents

63.7890 What emissions limitations and work practice standards must 
I meet for process vents?
63.7891 How do I demonstrate initial compliance with the emissions 
limitations and work practice standards for process vents?
63.7892 What are my inspection and monitoring requirements for 
process vents?
63.7893 How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for process vents?

Tanks

63.7895 What emissions limitations and work practice standards must 
I meet for tanks?
63.7896 How do I demonstrate initial compliance with the emissions 
limitations and work practice standards for tanks?
63.7897 What are my inspection and monitoring requirements for 
tanks?
63.7898 How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for tanks?

Containers

63.7900 What emissions limitations and work practice standards must 
I meet for containers?
63.7901 How do I demonstrate initial compliance with the emissions

[[Page 58191]]

limitations and work practice standards for containers?
63.7902 What are my inspection and monitoring requirements for 
containers?
63.7903 How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for containers?

Surface Impoundments

63.7905 What emissions limitations and work practice standards must 
I meet for surface impoundments?
63.7906 How do I demonstrate initial compliance with the emissions 
limitations and work practice standards for surface impoundments?
63.7907 What are my inspection and monitoring requirements for 
surface impoundments?
63.7908 How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for surface 
impoundments?

Separators

63.7910 What emissions limitations and work practice standards must 
I meet for separators?
63.7911 How do I demonstrate initial compliance with the emissions 
limitations and work practice standards for separators?
63.7912 What are my inspection and monitoring requirements for 
separators?
63.7913 How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for separators?

Transfer Systems

63.7915 What emissions limitations and work practice standards must 
I meet for transfer systems?
63.7916 How do I demonstrate initial compliance with the emissions 
limitations and work practice standards for transfer systems?
63.7917 What are my inspection and monitoring requirements for 
transfer systems?
63.7918 How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for transfer 
systems?

Equipment Leaks

63.7920 What emissions limitations and work practice standards must 
I meet for equipment leaks?
63.7921 How do I demonstrate initial compliance with the emissions 
limitations and work practice standards for equipment leaks?
63.7922 How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for equipment 
leaks?

Closed Vent Systems and Control Devices

63.7925 What emissions limitations and work practice standards must 
I meet for closed vent systems and control devices?
63.7926 How do I demonstrate initial compliance with the emissions 
limitations and work practice standards for closed vent systems and 
control devices?
63.7927 What are my inspection and monitoring requirements for 
closed vent systems and control devices?
63.7928 How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for closed vent 
systems and control devices?

General Compliance Requirements

63.7935 What are my general requirements for complying with this 
subpart?
63.7936 What requirements must I meet if I transfer remediation 
material off-site to another facility?
63.7937 How do I demonstrate initial compliance with the general 
standards?
63.7938 How do I demonstrate continuous compliance with the general 
standards?

Performance Tests

63.7940 By what date must I conduct performance tests or other 
initial compliance demonstrations?
63.7941 How do I conduct a performance test, design evaluation, or 
other type of initial compliance demonstration?
63.7942 When must I conduct subsequent performance tests?
63.7943 How do I determine the average VOHAP concentration of my 
remediation material?
63.7944 How do I determine the maximum HAP vapor pressure of my 
remediation material?

Continuous Monitoring Systems

63.7945 What are my monitoring installation, operation, and 
maintenance requirements?
63.7946 How do I monitor and collect data to demonstrate continuous 
compliance?
63.7947 What are my monitoring alternatives?

Notifications, Reports, and Records

63.7950 What notifications must I submit and when?
63.7951 What reports must I submit and when?
63.7952 What records must I keep?
63.7953 In what form and how long must I keep my records?

Other Requirements and Information

63.7955 What parts of the General Provisions apply to me?
63.7956 Who implements and enforces this subpart?
63.7957 What definitions apply to this subpart?

Tables to Subpart GGGGG of Part 63

Table 1 to Subpart GGGGG of Part 63--List of Hazardous Air 
Pollutants
Table 2 to Subpart GGGGG of Part 63-- Control Levels as Required by 
Sec.  63.7895(a) for Tanks Managing Remediation Material with a 
Maximum HAP Vapor Pressure Less Than 76.6 kPa
Table 3 to Subpart GGGGG of Part 63--Applicability of General 
Provisions to Subpart GGGGG

What This Subpart Covers


Sec.  63.7880  What is the purpose of this subpart?

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


Sec.  63.7881  Am I subject to this subpart?

    (a) This subpart applies to you if you own or operate a facility at 
which you conduct a site remediation, as defined in Sec.  63.7957; and 
this site remediation, unless exempted under paragraph (b) or (c) of 
this section, meets all three of the following conditions specified in 
paragraphs (a)(1) through (3) of this section.
    (1) Your site remediation cleans up a remediation material, as 
defined in Sec.  63.7957.
    (2) Your site remediation is co-located at your facility with one 
or more other stationary sources that emit HAP and meet an affected 
source definition specified for a source category that is regulated by 
another subpart under 40 CFR part 63. This condition applies regardless 
whether or not the affected stationary source(s) at your facility is 
subject to the standards under the applicable subpart(s).
    (3) Your facility is a major source of HAP as defined in Sec.  
63.2. A major source emits or has the potential to emit any single HAP 
at the rate of 10 tons (9.07 megagrams) or more per year of any HAP or 
any combination of HAP at a rate of 25 tons (22.68 megagrams) or more 
per year. All emissions of HAP from every source at your facility 
(i.e., both the site remediation activity and all other facility 
activities) must be considered in making this calculation.
    (b) You are not subject to this subpart if your site remediation 
qualifies for any of one of the exemptions listed in paragraphs (b)(1) 
through (6) of this section.
    (1) Your site remediation is not subject to this subpart if the 
site remediation only cleans up material that does not contain any of 
the HAP listed in Table 1 of this subpart.
    (2) Your site remediation is not subject to this subpart if the 
site remediation will be performed under the authority of the 
Comprehensive Environmental Response and Compensation Liability Act 
(CERCLA) as a remedial action or a non time-critical removal action.
    (3) Your site remediation is not subject to this subpart if the 
site

[[Page 58192]]

remediation will be performed under a Resource Conservation and 
Recovery Act (RCRA) corrective action conducted at a treatment, storage 
and disposal facility (TSDF) that is either required by your permit 
issued by either the U.S. Environmental Protection Agency (EPA) or a 
State program authorized by the EPA under RCRA section 3006; required 
by orders authorized under RCRA; or required by orders authorized under 
RCRA section 7003.
    (4) Your site remediation is not subject to this subpart if the 
site remediation is conducted at a gasoline service station to clean up 
remediation material from a leaking underground storage tank.
    (5) Your site remediation is not subject to this subpart if the 
site remediation is conducted at a farm or residential site.
    (6) Your site remediation is not subject to this subpart if the 
site remediation is conducted at a research and development facility 
that meets the requirements under Clean Air Act (CAA) section 
112(c)(7).
    (c) Your site remediation is not subject to this subpart, except 
for the recordkeeping requirements specified in this paragraph, if the 
site remediation meets the all of the conditions in paragraphs (c)(1) 
through (3) of this section.
    (1) Before beginning the site remediation, you determine for the 
remediation material that you will excavate, extract, pump, or 
otherwise remove during your site remediation that the total quantity 
of the HAP listed in Table 1 of this subpart which is contained in the 
material is less than 1 megagram per year (Mg/yr).
    (2) You prepare and maintain at your facility written documentation 
to support your determination of the total HAP quantity used to 
demonstrate compliance with paragraph (c)(1) of this section. This 
documentation must include a description of your methodology and data 
you used for determining the total HAP content of the material.
    (3) This exemption may be applied to more than one site remediation 
at your facility provided that the total quantity of the HAP listed in 
Table 1 of this subpart for all of your site remediations exempted 
under this provision is less than 1 Mg/yr.
    (d) Your site remediation is not subject to the requirements of 
this subpart if all remediation activities at your facility subject to 
this subpart are completed and you have notified the Administrator in 
writing that all remediation activities subject to this subpart are 
completed. You must maintain records of compliance, in accordance with 
Sec.  63.7953, for each remediation activity that was subject to this 
subpart. All future remediation activity meeting the applicability 
criteria in this section must comply with the requirements of this 
subpart.


Sec.  63.7882  What site remediation sources at my facility does this 
subpart affect?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source for your site remediation as designated by paragraphs 
(a)(1) through (3) of this section.
    (1) Process vents. The affected source is the entire group of 
process vents associated with the in-situ and ex-situ remediation 
processes used at your site to remove, destroy, degrade, transform, or 
immobilize hazardous substances in the remediation material subject to 
remediation. Examples of such in-situ remediation processes include, 
but are not limited to, soil vapor extraction and bioremediation 
processes. Examples of such ex-situ remediation processes include but 
are not limited to, thermal desorption, bioremediation, and air 
stripping processes.
    (2) Remediation material management units. Remediation material 
management unit means a tank, surface impoundment, container, oil-water 
separator, organic-water separator, or transfer system, as defined in 
Sec.  63.7957, and is used at your site to manage remediation material. 
The affected source is the entire group of remediation material 
management units used for the site remediations at your site. For the 
purpose of this subpart, a tank or container that is also equipped with 
a vent that serves as a process vent, as defined in Sec.  63.7957, is 
not a remediation material management unit, but instead this unit is 
considered to be a process vent affected source under paragraph (a)(1) 
of this section.
    (3) Equipment leaks. The affected source is the entire group of 
equipment components (pumps, valves, etc.) used to manage remediation 
materials and meeting both of the conditions specified in paragraphs 
(a)(3)(i) and (ii) of this section. If either of these conditions do 
not apply to an equipment component, then that component is not part of 
the affected source for equipment leaks.
    (i) The equipment component contains or contacts remediation 
material having a concentration of total HAP listed in Table 1 of this 
subpart equal to or greater than 10 percent by weight.
    (ii) The equipment component is intended to operate for 300 hours 
or more during a calendar year in remediation material service, as 
defined in Sec.  63.7957.
    (b) Each affected source for your site is existing if you commenced 
construction or reconstruction of the affected source before July 30, 
2002.
    (c) Each affected source for your site is new if you commenced 
construction or reconstruction of the affected source on or after July 
30, 2002. An affected source is reconstructed if it meets the 
definition of reconstruction in Sec.  63.2.


Sec.  63.7883  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than October 9, 2006.
    (b) If you have a new affected source that manages remediation 
material other than a radioactive mixed waste as defined in Sec.  
63.7957, then you must meet the compliance date specified in paragraph 
(b)(1) or (2) of this section, as applicable to your affected source.
    (1) If the affected source's initial startup date is on or before 
October 8, 2003, you must comply with each emission limitation, work 
practice standard, and operation and maintenance requirement in this 
subpart that applies to you by October 8, 2003.
    (2) If the affected source's initial startup date is after October 
8, 2003, you must comply with each emission limitation, work practice 
standard, and operation and maintenance requirement in this subpart 
that applies to you upon initial startup.
    (c) If you have a new affected source that manages remediation 
material that is a radioactive mixed waste as defined in Sec.  63.7957, 
then you must meet the compliance date specified in paragraph (c)(1) or 
(2) of this section, as applicable to your affected source.
    (1) If the affected source's initial startup date is on or before 
October 8, 2003, you must comply with each emission limitation, work 
practice standard, and operation and maintenance requirement in this 
subpart that applies to you no later than October 9, 2006.
    (2) If the affected source's initial startup date is after October 
8, 2003, you must comply with each emission limitation, work practice 
standard, and operation and maintenance requirement in this subpart 
that applies to you upon initial startup.
    (d) If your facility is an area source that increases its emissions 
or its potential to emit such that it becomes a

[[Page 58193]]

major source of HAP as defined in Sec.  63.2, then you must meet the 
compliance dates specified in paragraphs (d)(1) and (2) of this 
section.
    (1) For each source at your facility that is a new affected source 
subject to this subpart, you must comply with each emission limitation, 
work practice standard, and operation and maintenance requirement in 
this subpart that applies to you upon initial startup.
    (2) For all other affected sources subject to this subpart, you 
must comply with each emission limitation, work practice standard, and 
operation and maintenance requirement in this subpart that applies to 
you no later than 3 years after your facility becomes a major source.
    (e) You must meet the notification requirements, according to the 
schedule applicable to your facility, as specified in Sec.  63.7950 and 
in 40 CFR part 63, subpart A. Some of the notifications must be 
submitted before you are required to comply with the emissions 
limitations and work practice standards in this subpart.

General Standards


Sec.  63.7884  What are the general standards I must meet for each site 
remediation with affected sources?

    (a) For each site remediation with affected sources designated 
under Sec.  63.7882, you must meet the standards specified in 
Sec. Sec.  63.7885 through 63.7953, as applicable to your affected 
sources, unless your site remediation meets the requirements for an 
exemption under paragraph (b) of this section.
    (b) A site remediation that is completed within 30 consecutive 
calendar days according to the conditions in paragraphs (b)(1) and (2) 
of this section is not subject to the standards under paragraph (a) of 
this section. This exemption cannot be used for a site remediation 
involving the staged or intermittent cleanup of remediation material 
whereby the remediation activities at the site are started, stopped, 
and then re-started in a series of intervals with durations less than 
30-days per interval for which the total time of all of the intervals 
required to complete the site remediation exceeds a total of 30 days.
    (1) The 30-day period for a site remediation is determined from the 
first day that any action is initiated that removes, destroys, 
degrades, transforms, immobilizes, or otherwise manages the remediation 
materials. The end of a site remediation is determined by the last day 
on which treatment or disposal of the remediation materials from the 
cleanup is completed. The following activities, when completed before 
beginning this initial action, are not counted as part of the 30-day 
period: activities to characterize the type and extent of the 
contamination by collecting and analyzing samples, activities to obtain 
permits from Federal, State, or local authorities to conduct the site 
remediation, activities to schedule workers and necessary equipment, 
and activities to arrange for contractor or third party assistance in 
performing the site remediation.
    (2) You must prepare and maintain at your facility written 
documentation describing the exempted site remediation, and listing the 
initiation and completion dates for the site remediation.


Sec.  63.7885  What are the general standards I must meet for my 
affected process vents?

    (a) For the process vents that comprise the affected source 
designated under Sec.  63.7882, you must select and meet the 
requirements under one of the options specified in paragraph (b) of 
this section.
    (b) For each affected process vent, except as exempted under 
paragraph (c) of this section, you must meet one of the options in 
paragraphs (b)(1) through (3) of this section.
    (1) You control HAP emissions from the affected process vents 
according to the standards specified in Sec. Sec.  63.7890 through 
63.7893.
    (2) You determine for the remediation material treated or managed 
by the process vented through the affected process vents that the 
average total volatile organic hazardous air pollutant (VOHAP) 
concentration, as defined in Sec.  63.7957, of this material is less 
than 10 parts per million by weight (ppmw). Determination of the VOHAP 
concentration is made using the procedures specified in Sec.  63.7943.
    (3) If the process vent is also subject to another subpart under 40 
CFR part 61 or 40 CFR part 63, you control emissions of the HAP listed 
in Table 1 of this subpart from the affected process vent in compliance 
with the standards specified in the applicable subpart. This means you 
are complying with all applicable emissions limitations and work 
practice standards under the other subpart (e.g., you install and 
operate the required air pollution controls or have implemented the 
required work practice to reduce HAP emissions to levels specified by 
the applicable subpart). This provision does not apply to any exemption 
of the affected source from the emissions limitations and work practice 
standards allowed by the other applicable subpart.
    (c) A process vent that meets the exemption requirements in 
paragraphs (c)(1) and (2) of this section is exempted from the 
requirements in paragraph (b) of this section.
    (1) The process vent stream exiting the process vent meets the 
conditions in either paragraph (c)(1)(i) or (ii) of this section.
    (i) The process vent stream flow rate is less than 0.005 cubic 
meters per minute (m\3\/min) at standard conditions (as defined in 40 
CFR 63.2); or
    (ii) The process vent stream flow rate is less than 6.0 m\3\/min at 
standard conditions (as defined in 40 CFR 63.2) and the total 
concentration of HAP listed in Table 1 of this subpart is less than 20 
parts per million by volume (ppmv).
    (2) You must demonstrate that the process vent stream meets the 
applicable exemption conditions in paragraph (c)(1) of this section 
using the procedures specified in Sec.  63.694(m). You must prepare and 
maintain documentation at your facility to support your determination 
of the process vent stream flow rate. This documentation must include 
identification of each process vent exempted under this paragraph and 
the test results used to determine the process vent stream flow rate 
and total HAP concentration, as applicable to the exemption conditions 
for your process vent. You must perform a new determination of the 
process vent stream flow rate and total HAP concentration, as 
applicable to the exemption conditions for your process vent, whenever 
changes to operation of the unit on which the process vent is used 
could cause the process vent stream conditions to exceed the maximum 
limits of the exemption.


Sec.  63.7886  What are the general standards I must meet for my 
affected remediation material management units?

    (a) For each remediation material management unit that is part of 
an affected source designated by Sec.  63.7882, you must select and 
meet the requirements under one of the options specified in paragraph 
(b) of this section except for those remediation material management 
units exempted under paragraph (c) or (d) of this section.
    (b) For each affected remediation material management unit, you 
must meet one of the options in paragraphs (b)(1) through (4) of this 
section.
    (1) You control HAP emissions from the affected remediation 
material management unit according to the standards specified in 
paragraphs (b)(1)(i) through (v) of this section, as applicable to the 
unit.

[[Page 58194]]

    (i) If the remediation material management unit is a tank, then you 
control HAP emissions according to the standards specified in 
Sec. Sec.  63.7895 through 63.7898.
    (ii) If the remediation material management unit is a container, 
then you control HAP emissions according to the standards specified in 
Sec. Sec.  63.7900 through 63.7903.
    (iii) If the remediation material management unit is a surface 
impoundment, then you control HAP emissions according to the standards 
specified in Sec. Sec.  63.7905 through 63.7908.
    (iv) If the remediation material management unit is a oil-water or 
organic-water separator, then you control HAP emissions according to 
the standards specified in Sec. Sec.  63.7910 through 63.7913.
    (v) If the remediation material management unit is a transfer 
system, then you control HAP emissions according to the standards 
specified in Sec. Sec.  63.7915 through 63.7918.
    (2) You determine for the remediation material placed in the 
remediation material management unit that the average total VOHAP 
concentration, as defined in Sec.  63.7957, of this material is less 
than 500 ppmw. Determination of the total VOHAP concentration is made 
based on the remediation material composition at the point-of-
extraction, as defined in Sec.  63.7957, using the procedures specified 
in Sec.  63.7943.
    (3) If the remediation material management unit is also subject to 
another subpart under 40 CFR part 61 or 40 CFR part 63, you control 
emissions of the HAP listed in Table 1 of this subpart from the 
affected remediation material management unit in compliance with the 
standards specified in the applicable subpart. This means you are 
complying with all applicable emissions limitations and work practice 
standards under the other subpart (e.g., you install and operate the 
required air pollution controls or have implemented the required work 
practice to reduce HAP emissions to levels specified by the applicable 
subpart). This provision does not apply to any exemption of the 
affected source from the emissions limitations and work practice 
standards allowed by the other applicable subpart.
    (4) If the remediation material management unit is an open tank or 
surface impoundment used for a biological treatment process, you meet 
the requirements as specified in paragraphs (b)(4)(i) and (ii) of this 
section.
    (i) You demonstrate that the biological treatment process conducted 
in the open tank or surface impoundment meets the performance levels 
specified in either Sec.  63.684(b)(4)(i) or (ii).
    (ii) You monitor the biological treatment process conducted in the 
open tank or surface impoundment according to the requirements in Sec.  
63.684(e)(4).
    (c) A remediation material management unit is exempted from the 
requirements in paragraph (b) of this section if this unit is used for 
cleanup of radioactive mixed waste, as defined in Sec.  63.7957, that 
is subject to applicable regulations, directives, and other 
requirements under the Atomic Energy Act, the Nuclear Waste Policy Act, 
or the Waste Isolation Pilot Plant Land Withdrawal Act.
    (d) One or a combination of remediation material management units 
may be exempted at your discretion from the requirements in paragraph 
(b) of this section provided that the total annual quantity of HAP 
listed in Table 1 of this subpart contained in the remediation material 
placed in all of the remediation material management units exempted 
under this paragraph is less than 1 Mg/yr. For each remediation 
material management unit you select to be exempted under this 
provision, you must meet the requirements in paragraphs (d)(1) and (2) 
of this section.
    (1) You must designate each of the remediation material management 
units you are selecting to be exempted under this paragraph by either 
submitting to the Administrator a written notification identifying the 
exempt units or permanently marking the exempt units at the faculty 
site. If you choose to prepare and submit a written notification, this 
notification must include a site plan, process diagram, or other 
appropriate documentation identifying each of the exempt units. If you 
choose to permanently mark the exempt units, each exempt unit must be 
marked in such a manner that it can be readily identified as an exempt 
unit from the other remediation material management units located at 
the site.
    (2) You must prepare an initial determination of the total annual 
HAP quantity in the remediation material placed in the units exempted 
under this paragraph. This determination is based on the total quantity 
of the HAP listed in Table 1 of this subpart as determined at the point 
where the remediation material is placed in each exempted unit. You 
must perform a new determination whenever the extent of changes to the 
quantity or composition of the remediation material placed in the 
exempted units could cause the total annual HAP content in the 
remediation material to exceed 1 Mg/yr. You must maintain documentation 
to support the most recent determination of the total annual HAP 
quantity. This documentation must include the basis and data used for 
determining the organic HAP content of the remediation material.


Sec.  63.7887  What are the general standards I must meet for my 
affected equipment leak sources?

    You must control HAP emissions from equipment leaks from each 
equipment component that is part of the affected source specified in 
Sec.  63.7882 by implementing leak detection and control measures 
according to the standards specified in Sec. Sec.  63.7920 through 
63.7922.


Sec.  63.7888  How do I implement this rule at my facility using the 
cross-referenced requirements in other subparts?

    (a) For the purposes of this subpart, when you read the term ``HAP 
listed in Table 1 of this subpart'' in a cross-referenced section under 
40 CFR part 63, subpart DD--National Emission Standards for Hazardous 
Air Pollutants from Off-Site Waste and Recovery Operations, you should 
refer to Table 1 of this subpart.
    (b) For the purposes of this subpart, when you read the term off-
site material in a cross-referenced section under 40 CFR part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations you should substitute the 
term remediation material, as defined in Sec.  63.7957.
    (c) For the purposes of this subpart, when you read the term 
regulated material in a cross-referenced section under 40 CFR part 63, 
subparts OO, PP, QQ, RR, TT, UU, WW, and VV you should substitute the 
term remediation material, as defined in Sec.  63.7957.

Process Vents


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

    (a) You must control HAP emissions from each new and existing 
process vent subject to Sec.  63.7885(b)(1) according to emissions 
limitations and work practice standards in this section that apply to 
your affected process vents.
    (b) For your affected process vents, you must meet one of the 
facility-wide emission limit options specified in paragraphs (b)(1) 
through (4) of this section. If you have multiple affected process vent 
streams, you may comply with this paragraph using a combination of 
controlled and uncontrolled process vent streams that achieve the 
facility-wide emission limit that applies to you.
    (1) Reduce from all affected process vents the total emissions of 
the HAP

[[Page 58195]]

listed in Table 1 of this subpart to a level less than 1.4 kilograms 
per hour (kg/hr) and 2.8 Mg/yr (3.0 pounds per hour (lb/hr) and 3.1 
tpy); or
    (2) Reduce from all affected process vents the emissions of total 
organic carbon (TOC) (minus methane and ethane) to a level below 1.4 
kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or
    (3) Reduce from all affected process vents the total emissions of 
the HAP listed in Table 1 of this subpart by 95 percent by weight or 
more; or
    (4) Reduce from all affected process vents the emissions of TOC 
(minus methane and ethane) by 95 percent by weight or more.
    (c) For each closed vent system and control device you use to 
comply with paragraph (b) of this section, you must meet the operating 
limit requirements and work practice standards in Sec.  63.7925(c) 
through (j) that apply to your closed vent system and control device.


Sec.  63.7891  How do I demonstrate initial compliance with the 
emissions limitations and work practice standards for process vents?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7890(b) applicable 
to your affected process vents by meeting the requirements in 
paragraphs (b) through (d) of this section.
    (b) You have measured or determined using the procedures for 
performance tests and design evaluations in Sec.  63.7941 that emission 
levels from all of your affected process vents meet the facility-wide 
emission limits in Sec.  63.7890(b) that apply to you, as follows in 
paragraphs (b)(1) through (4) of this section.
    (1) If you elect to meet Sec.  63.7890(b)(1), you demonstrate that 
the total emissions of the HAP listed in Table 1 of this subpart from 
all affected process vents at your facility are less than 1.4 kg/hr and 
2.8 Mg/yr (3.0 lb/hr and 3.1 tpy).
    (2) If you elect to meet Sec.  63.7890(b)(2), you demonstrate that 
emissions of TOC (minus methane and ethane) from all affected process 
vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr 
and 3.1 tpy).
    (3) If you elect to meet Sec.  63.7890(b)(3), you demonstrate that 
the total emissions of the HAP listed in Table 1 of this subpart from 
all affected process vents are reduced by 95 percent by weight or more.
    (4) If you elect to meet Sec.  63.7890(b)(4), you demonstrate that 
the emissions of TOC (minus methane and ethane) from all affected 
process vents are reduced by 95 percent by weight or more.
    (c) For each closed vent system and control device you use to 
comply with Sec.  63.7890(b), you have met each requirement for 
demonstrating initial compliance with the emission limitations and work 
practice standards for a closed vent system and control device in Sec.  
63.7926.
    (d) You have submitted a notification of compliance status 
according to the requirements in Sec.  63.7950.


Sec.  63.7892  What are my inspection and monitoring requirements for 
process vents?

    For each closed vent system and control device you use to comply 
with Sec.  63.7890(b), you must monitor and inspect the closed vent 
system and control device according to the requirements in Sec.  
63.7927 that apply to you.


Sec.  63.7893  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for process vents?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7890 applicable to 
your affected process vents by meeting the requirements in paragraphs 
(b) through (d) of this section.
    (b) You must maintain emission levels from all of your affected 
process vents to meet the facility-wide emission limits in Sec.  
63.7890(b) that apply to you, as specified in the following paragraph 
(b)(1) through (4) of this section.
    (1) If you elect to meet Sec.  63.7890(b)(1), you maintain the 
total emissions of the HAP listed in Table 1 of this subpart from all 
affected process vents at your facility are less than 1.4 kg/hr and 2.8 
Mg/yr (3.0 lb/hr and 3.1 tpy).
    (2) If you elect to meet Sec.  63.7890(b)(2), you maintain 
emissions of TOC (minus methane and ethane) from all affected process 
vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr 
and 3.1 tpy).
    (3) If you elect to meet Sec.  63.7890(b)(3), you maintain the 
total emissions of the HAP listed in Table 1 of this subpart from all 
affected process vents are reduced by 95 percent by weight or more.
    (4) If you elect to meet Sec.  63.7890(b)(4), you maintain that the 
emissions of TOC (minus methane and ethane) from all affected process 
vents are reduced by 95 percent by weight or more.
    (c) For each closed vent system and control device you use to 
comply with Sec.  63.7890(b), you have met each requirement for 
demonstrating continuous compliance with the emission limitations and 
work practice standards for a closed vent system and control device in 
Sec.  63.7928.
    (d) Keeping records to document continuous compliance with the 
requirements of this subpart according to the requirements in Sec.  
63.7952.

Tanks


Sec.  63.7895  What emissions limitations and work practice standards 
must I meet for tanks?

    (a) You must control HAP emissions from each new and existing tank 
subject to Sec.  63.7886(b)(1)(i) according to emissions limitations 
and work practice standards in this section that apply to your affected 
tanks.
    (b) For each affected tank, you must install and operate air 
pollution controls that meet the requirements in paragraphs (b)(1) 
through (4) of this section that apply to your tank.
    (1) Unless your tank is used for a waste stabilization process, as 
defined in Sec.  63.7957, you must determine the maximum HAP vapor 
pressure (expressed in kilopascals (kPa)) of the remediation material 
placed in your tank using the procedures specified in Sec.  63.7944.
    (2) If the maximum HAP vapor pressure of the remediation material 
you place in your tank is less than 76.6 kPa, then you must determine 
which tank level controls (i.e., Tank Level 1 or Tank Level 2) apply to 
your tank as shown in Table 2 of this subpart, and based on your tank's 
design capacity (expressed in cubic meters (m3)) and the 
maximum HAP vapor pressure of the remediation material you place in 
this tank. If your tank is required by Table 2 of this subpart to use 
Tank Level 1 controls, then you must meet the requirements in paragraph 
(c) of this section. If your tank is required by Table 2 of this 
subpart to use Tank Level 2 controls, then you must meet the 
requirements in paragraph (d) of this section
    (3) If maximum HAP vapor pressure of the remediation material you 
place in your tank is 76.6 kPa or greater, then the tank must use one 
of the Tank Level 2 controls specified in paragraphs (d)(3) through (5) 
of this section. Use of floating roofs under paragraph (d)(1) or (2) of 
this section is not allowed for tanks managing these remediation 
materials.
    (4) A tank used for a waste stabilization process, as defined in 
Sec.  63.7957, must use one of Tank Level 2 controls, as specified in 
paragraph (d) of this section, that is appropriate for your waste 
stabilization process.
    (c) If you use Tank Level 1 controls, you must install and operate 
a fixed roof according to the requirements in Sec.  63.902. As an 
alternative to using this

[[Page 58196]]

fixed roof, you may choose to use one of Tank Level 2 controls in 
paragraph (d) of this section.
    (d) If you use Tank Level 2 controls, you must meet the 
requirements of one of the options in paragraphs (d)(1) through (5) of 
this section.
    (1) Install and operate a fixed roof with an internal floating roof 
according to the requirements in Sec.  63.1063(a)(1)(i), (a)(2), and 
(b); or
    (2) Install and operate an external floating roof according to the 
requirements in Sec.  63.1063(a)(1)(ii), (a)(2), and (b); or
    (3) Install and operate a fixed roof vented through a closed vent 
system to a control device according to the requirements in Sec.  
63.685(g). You must meet the emissions limitations and work practice 
standards in Sec.  63.7925 that apply to your closed vent system and 
control device; or
    (4) Install and operate a pressure tank according to the 
requirements in Sec.  63.685(h); or
    (5) Locate the tank inside a permanent total enclosure and vent 
emissions from the enclosure through a closed vent system to a control 
device that is an enclosed combustion device according to the 
requirements in Sec.  63.685(i). You must meet the emissions 
limitations and work practice standards in Sec.  63.7925 that apply to 
your closed vent system and control device.
    (e) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this 
section that apply to your tanks. If you request for permission to use 
an alternative to the work practice standards, you must submit the 
information described in Sec.  63.6(g)(2).


Sec.  63.7896  How do I demonstrate initial compliance with the 
emissions limitations and work practice standards for tanks?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7895 that apply to 
your affected tanks by meeting the requirements in paragraphs (b) 
through (h) of this section, as applicable to your containers.
    (b) You have submitted as part of your notification of compliance 
status, specified in Sec.  63.7950, a signed statement that you have 
met the requirements in paragraphs (b)(1) and (2) of this section.
    (1) You have determined the applicable tank control levels 
specified in Sec.  63.7895(b) for the tanks to be used for your site 
remediation.
    (2) You have determined, according to the procedures Sec.  63.7944, 
and recorded the maximum HAP vapor pressure of the remediation material 
placed in each affected tank subject to Sec.  63.7886(b)(1)(i) that 
does not use Tank Level 2 controls.
    (c) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 1 controls if 
you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (c)(1) through (3) of this section.
    (1) Each tank using Tank Level 1 controls is equipped with a fixed 
roof and closure devices according to the requirements in Sec.  
63.902(b) and (c) and you have records documenting the design.
    (2) You have performed an initial visual inspection of the fixed 
roof and closure devices for defects according to the requirements in 
Sec.  63.906(a) and you have records documenting the inspection 
results.
    (3) You will operate the fixed roof and closure devices according 
to the requirements in Sec.  63.902.
    (d) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls 
and using a fixed roof with an internal floating roof according to 
Sec.  63.7895(d)(1) if you have submitted as part of your notification 
of compliance status, specified in Sec.  63.7950, a signed statement 
that you have met the requirements in paragraphs (d)(1) through (3) of 
this section.
    (1) Each tank is equipped with an internal floating roof that meets 
the requirements in Sec.  63.1063(a) and you have records documenting 
the design.
    (2) You will operate the internal floating roof according to the 
requirements in Sec.  63.1063(b).
    (3) You have performed an initial visual inspection according to 
the requirements in Sec.  63.1063(d)(1) and you have a record of the 
inspection results.
    (e) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls 
and using an external floating roof according to Sec.  63.7895(d)(2) if 
you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (e)(1) through (3) of this section.
    (1) Each tank is equipped with an external floating roof that meets 
the requirements in Sec.  63.1063(a) and you have records documenting 
the design.
    (2) You will operate the external floating roof according to the 
requirements in Sec.  63.1063(b).
    (3) You have performed an initial seal gap measurement inspection 
according to the requirements in Sec.  63.1063(d)(3) and you have 
records of the measurement results.
    (f) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls 
and using a fixed roof vented to a control device according to Sec.  
63.7895(d)(3) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (f)(1) through (4) of this 
section.
    (1) Each tank is equipped with a fixed roof and closure devices 
according to the requirements in Sec.  63.902(b) and (c) and you have 
records documenting the design.
    (2) You have performed an initial visual inspection of fixed roof 
and closure devices for defects according to the requirements in Sec.  
63.695(b)(3) and you have records documenting the inspection results.
    (3) You will operate the fixed roof and closure devices according 
to the requirements in Sec.  63.685(g).
    (4) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.
    (g) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls 
and operates as a pressure tank according to Sec.  63.7895(d)(4) if you 
have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (g)(1) and (2) of this section.
    (1) Each tank is designed to operate as a pressure tank according 
to the requirements in Sec.  63.685(h), and you have records 
documenting the design.
    (2) You will operate the pressure tank and according to the 
requirements in Sec.  63.685(h).
    (h) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls 
and using a permanent total enclosure vented to an enclosed combustion 
device according to Sec.  63.7895(d)(5) if you have submitted as part 
of your notification of compliance status, specified in Sec.  63.7950, 
a signed statement that you have met the requirements in paragraphs 
(h)(1) and (2) of this section.
    (1) You have submitted as part of your notification of compliance 
status a

[[Page 58197]]

signed statement that you have performed the verification procedure 
according to the requirements in Sec.  63.685(i), and you have records 
of the supporting calculations and measurements.
    (2) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.


Sec.  63.7897  What are my inspection and monitoring requirements for 
tanks?

    (a) You must visually inspect each of your tanks using Tank Level 1 
controls for defects at least annually according to the requirements in 
Sec.  63.906(a).
    (b) You must inspect and monitor each of your tanks using Tank 
Level 2 controls according to the requirements in paragraphs (b)(1) 
through (5), as applicable to your tanks.
    (1) If you use a fixed roof with an internal floating roof 
according to Sec.  63.7895(d)(1), you must visually inspect the fixed 
roof and internal floating roof according to the requirements in Sec.  
63.1063(d)(1) and (2).
    (2) If you use an external floating roof according to Sec.  
63.7895(d)(2), you must visually inspect the external floating roof 
according to the requirements in Sec.  63.1063(d)(1) and inspect the 
seals according to the requirements in Sec.  63.1063(d)(2) and (3).
    (3) If you use a fixed roof vented to a control device according to 
Sec.  63.7895(d)(3), you must meet requirements in paragraphs (b)(3)(i) 
and (ii) of this section.
    (i) You must visually inspect the fixed roof and closure devices 
for defects according to the requirements in Sec.  63.695(b)(3).
    (ii) You must monitor and inspect the closed vent system and 
control device according to the requirements in Sec.  63.7927 that 
apply to you.
    (4) If you use a pressure tank according to Sec.  63.7895(d)(4), 
you must visually inspect the tank and its closure devices for defects 
at least annually to ensure they are operating according to the design 
requirements in Sec.  63.685(h).
    (5) If you use a permanent total enclosure vented to an enclosed 
combustion device according to Sec.  63.7895(d)(5), you must meet 
requirements in paragraphs (b)(5)(i) and (ii) of this section.
    (i) You must perform the verification procedure for the permanent 
total enclosure at least annually according to the requirements in 
Sec.  63.685(i).
    (ii) You must monitor and inspect the closed vent system and 
control device according to the requirements in Sec.  63.7927 that 
apply to you.


Sec.  63.7898  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for tanks?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7895 applicable to 
your affected tanks by meeting the requirements in paragraphs (b) 
through (d) of this section.
    (b) You must demonstrate continuous compliance with the requirement 
to determine the applicable tank control level specified in Sec.  
63.7895(b) for each affected tank by meeting the requirements in 
paragraphs (b)(1) through (3) of this section.
    (1) Keeping records of the tank design capacity according to the 
requirements in Sec.  63.1065(a).
    (2) For tanks subject to Sec.  63.7886(b)(1)(ii) and not using Tank 
Level 2 controls, meeting the requirements in paragraphs (b)(2)(i) and 
(ii) of this section.
    (i) Keeping records of the maximum HAP vapor pressure determined 
according to the procedures in Sec.  63.7944 for the remediation 
material placed in each affected tank.
    (ii) Performing a new determination of the maximum HAP vapor 
pressure whenever changes to the remediation material managed in the 
tank could potentially cause the maximum HAP vapor pressure to increase 
to a level that is equal to or greater than the maximum HAP vapor 
pressure for the tank design capacity specified in Table 2. You must 
keep records of each determination.
    (3) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 1 controls by meeting the requirements 
in paragraphs (c)(1) through (5) of this section.
    (1) Operating and maintaining the fixed roof and closure devices 
according to the requirements in Sec.  63.902(c).
    (2) Visually inspecting the fixed roof and closure devices for 
defects at least annually according to the requirements in Sec.  
63.906(a).
    (3) Repairing defects according to the requirements in Sec.  
63.63.906(b).
    (4) Recording the information specified in Sec.  63.907(a)(3) and 
(b).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (d) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using a fixed roof with 
an internal floating roof according to Sec.  63.7895(d)(1) by meeting 
the requirements in paragraphs (d)(1) through (5) of this section.
    (1) Operating and maintaining the internal floating roof according 
to the requirements in Sec.  63.1063(b).
    (2) Visually inspecting the internal floating roof according to the 
requirements in Sec.  63.1063(d)(1) and (2).
    (3) Repairing defects according to the requirements in Sec.  
63.1063(e).
    (4) Recording the information specified in Sec.  63.1065(b) through 
(d).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using an external 
floating roof according to Sec.  63.7895(d)(2) by meeting the 
requirements in paragraphs (e)(1) through (5) of this section.
    (1) Operating and maintaining the external floating roof according 
to the requirements in Sec.  63.1063(b).
    (2) Visually inspecting the external floating roof according to the 
requirements in Sec.  63.1063(d)(1) and inspecting the seals according 
the requirements in Sec.  63.1063(d)(2) and (3).
    (3) Repairing defects according to the requirements in Sec.  
63.1063(e).
    (4) Recording the information specified in Sec.  63.1065(b) through 
(d).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (f) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using a fixed roof 
vented to a control device according to Sec.  63.7895(d)(3) by meeting 
the requirements in paragraphs (f)(1) through (6) of this section.
    (1) Operating and maintaining the fixed roof and closure devices 
according to the requirements in Sec.  63.685(g).
    (2) Visually inspecting the fixed roof and closure devices for 
defects at least annually according to the requirements in Sec.  
63.695(b)(3)(i).
    (3) Repairing defects according to the requirements in Sec.  
63.695(b)(4).
    (4) Recording the information specified in Sec.  63.696(e).
    (5) Meeting each applicable requirement for demonstrating 
continuous compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7928.
    (6) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (g) You must demonstrate continuous compliance for each tank 
determined to

[[Page 58198]]

require Tank Level 2 controls and operated as a pressure tank according 
to Sec.  63.7895(d)(4) by meeting the requirements in paragraphs (g)(1) 
through (3) of this section.
    (1) Operating and maintaining the pressure tank and closure devices 
according to the requirements in Sec.  63.685(h).
    (2) Visually inspecting each pressurized tank and closure devices 
for defects at least annually to ensure they are operating according to 
the design requirements in Sec.  63.685(h), and recording the results 
of each inspection.
    (3) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (h) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using a permanent total 
enclosure vented to an enclosed combustion device according to Sec.  
63.7895(d)(5) by meeting the requirements in paragraphs (h)(1) through 
(4) of this section.
    (1) Performing the verification procedure for the enclosure 
annually according to the requirements in Sec.  63.685(i).
    (2) Recording the information specified in Sec.  63.696(f).
    (3) Meeting each applicable requirement for demonstrating 
continuous compliance with the emissions limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7928.
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.

Containers


Sec.  63.7900  What emissions limitations and work practice standards 
must I meet for containers?

    (a) You must control HAP emissions from each new and existing 
container subject to Sec.  63.7886(b)(1)(ii) according to emissions 
limitations and work practice standards in this section that apply to 
your affected containers.
    (b) For each container having a design capacity greater than 0.1 
m\3\ you must meet the requirements in paragraph (b)(1) or (2) of this 
section that apply to your container except at the times the container 
is used for treatment of remediation material by a waste stabilization 
process, as defined in Sec.  63.7957. As an alternative for any 
container subject to this paragraph, you may choose to meet the 
requirements in paragraph (d) of this section.
    (1) If the design capacity of your container is less than or equal 
to 0.46 m\3\, then you must use controls according to the standards for 
Container Level 1 controls as specified in Sec.  63.922. As an 
alternative, you may choose to use controls according to either of the 
standards for Container Level 2 controls as specified in Sec.  63.923.
    (2) If the design capacity of your container is greater than 0.46 
m\3\, then you must use controls according to the standards for 
Container Level 2 controls as specified in Sec.  63.923 except as 
provided for in paragraph (b)(3) of this section.
    (3) As an alternative to meeting the standards in paragraph (b)(2) 
of this section for containers with a capacity greater than 0.46 m\3\, 
if you determine that either of the conditions in paragraphs (b)(3)(i) 
or (ii) apply to the remediation material placed in your container, 
then you may use controls according to the standards for Container 
Level 1 controls as specified in Sec.  63.922.
    (i) Vapor pressure of every organic constituent in the remediation 
material placed in your container is less than 0.3 kPa at 20[deg]C; or
    (ii) Total concentration of the pure organic constituents having a 
vapor pressure greater than 0.3 kPa at 20[deg]C in the remediation 
material placed in your container is less than 20 percent by weight.
    (c) At times when a container having a design capacity greater than 
0.1 m\3\ is used for treatment of a remediation material by a waste 
stabilization process as defined in Sec.  63.7957, you must control air 
emissions from the container during the process whenever the 
remediation material in the container is exposed to the atmosphere 
according to the standards for Container Level 3 controls as specified 
in Sec.  63.924. You must meet the emissions limitations and work 
practice standards in Sec.  63.7925 that apply to your closed vent 
system and control device.
    (d) As an alternative to meeting the requirements in paragraph (b) 
of this section, you may choose to use controls on your container 
according to the standards for Container Level 3 controls as specified 
in Sec.  63.924. You must meet the emissions limitations and work 
practice standards in Sec.  63.7925 that apply to your closed vent 
system and control device.
    (e) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this 
section that apply to your containers. If you request for permission to 
use an alternative to the work practice standards, you must submit the 
information described in Sec.  63.6(g)(2).


Sec.  63.7901  How do I demonstrate initial compliance with the 
emissions limitations and work practice standards for containers?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7990 that apply to 
your affected containers by meeting the requirements in paragraphs (b) 
through (e) of this section, as applicable to your containers.
    (b) You have submitted as part of your notification of compliance 
status, specified in Sec.  63.7950, a signed statement that you have 
met the requirements in paragraphs (b)(1) and (2) of this section.
    (1) You have determined the applicable container control levels 
specified in Sec.  63.7990 for the containers to be used for your site 
remediation.
    (2) You have determined and recorded the maximum vapor pressure or 
total organic concentration for the remediation material placed in 
containers with a design capacity greater than 0.46 m\3\, and do not 
use Container Level 2 or Level 3 controls.
    (c) You must demonstrate initial compliance of each container 
determined under paragraph (b) of this section to require Container 
Level 1 controls if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(1) and (2) of this 
section.
    (1) Each container using Container Level 1 controls will be one of 
the containers specified in Sec.  63.922(b).
    (2) You will operate each container cover and closure device 
according to the requirements in Sec.  63.922(d).
    (d) You must demonstrate initial compliance of each container 
determined under paragraph (b) of this section to require Container 
Level 2 controls if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (d)(1) through (4) of this 
section.
    (1) Each container using Container Level 2 controls will be one of 
the containers specified in Sec.  63.923(b).
    (2) You will transfer remediation materials into and out of each 
container according to the procedures in Sec.  63.923(d).
    (3) You will operate and maintain the container covers and closure 
devices according to the requirements in Sec.  63.923(d).
    (4) You have records that the container meets the applicable U.S. 
Department of Transportation

[[Page 58199]]

regulations, or you have conducted an initial test of each container 
for no detectable organic emissions using the procedures in Sec.  
63.925(a), and have records documenting the test results, or you have 
demonstrated within the last 12 months that each container is vapor-
tight according to the procedures in Sec.  63.925(a) and have records 
documenting the test results.
    (e) You must demonstrate initial compliance of each container 
determined under paragraph (b) of this section to require Container 
Level 3 controls if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (e)(1) and (2) of this 
section.
    (1) For each permanent total enclosure you use to comply with Sec.  
63.7900, you have performed the verification procedure according to the 
requirements in Sec.  63.924(c)(1), and prepare records of the 
supporting calculations and measurements.
    (2) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.


Sec.  63.7902  What are my inspection and monitoring requirements for 
containers?

    (a) You must inspect each container using Container Level 1 or 
Container Level 2 controls according to the requirements in Sec.  
63.926(a).
    (b) If you use Container Level 3 controls, you must meet 
requirements in paragraphs (b)(1) and (2) of this section, as 
applicable to your site remediation.
    (1) You must perform the verification procedure for each permanent 
total enclosure annually according to the requirements in Sec.  
63.924(c)(1).
    (2) You must monitor and inspect each closed vent system and 
control device according to the requirements in Sec.  63.7927 that 
apply to you.


Sec.  63.7903  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for containers?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7990 applicable to 
your affected containers by meeting the requirements in paragraphs (b) 
through (e) of this section.
    (b) You must demonstrate continuous compliance with the requirement 
to determine the applicable container control level specified in Sec.  
63.7990(b) for each affected tank by meeting the requirements in 
paragraphs (b)(1) through (3) of this section.
    (1) Keeping records of the quantity and design capacity for each 
type of container used for your site remediation and subject to Sec.  
63.7886(b)(1)(ii).
    (2) For containers subject to Sec.  63.7886(b)(1)(ii) with a design 
capacity greater than 0.46 m\3\ and not using Container Level 2 or 
Container Level 3 controls, meeting the requirements in paragraphs 
(b)(2)(i) and (ii) of this section.
    (i) Keeping records of the maximum vapor pressure or total organic 
concentration for the remediation material placed in the containers, as 
applicable to the conditions in Sec.  63.7900(b)(3)(i) or (ii) for 
which your containers qualify to use Container Level 1 controls.
    (ii) Performing a new determination whenever changes to the 
remediation material placed in the containers could potentially cause 
the maximum vapor pressure or total organic concentration to increase 
to a level that is equal to or greater than the conditions specified in 
Sec.  63.7900(b)(3)(i) or (ii), as applicable to your containers. You 
must keep records of each determination.
    (3) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each container 
determined to require Container Level 1 controls by meeting the 
requirements in paragraphs (c)(1) through (5) of this section.
    (1) Operating and maintaining covers for each container according 
to the requirements in Sec.  63.922(d) .
    (2) Inspecting each container annually according to the 
requirements in Sec.  63.926(a)(2).
    (3) Emptying or repairing each container according to the 
requirements in Sec.  63.926(a)(3).
    (4) Keeping records of an inspection that includes the information 
in paragraphs (a)(4)(i) and (ii) of this section.
    (i) Date of each inspection; and
    (ii) If a defect is detected during an inspection, the location of 
the defect, a description of the defect, the date of detection, the 
corrective action taken to repair the defect, and if repair is delayed, 
the reason for any delay and the date completion of the repair is 
expected.
    (5) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.
    (d) You must demonstrate continuous compliance for each container 
determined to require Container Level 2 controls by meeting the 
requirements in paragraphs (d)(1) through (6) of this section.
    (1) Transferring remediation material in and out of the container 
according to the requirements in Sec.  63.923(c).
    (2) Operating and maintaining container covers according to the 
requirements in Sec.  63.923(d).
    (3) Inspecting each container annually according to the 
requirements in Sec.  63.926(a)(2).
    (4) Emptying or repairing containers according to the requirements 
in Sec.  63.926(a)(3).
    (5) Keeping records of each inspection that include the information 
in paragraphs (d)(5)(i) and (ii) of this section.
    (i) Date of each inspection; and
    (ii) If a defect is detected during an inspection, the location of 
the defect, a description of the defect, the date of detection, the 
corrective action taken to repair the defect, and if repair is delayed, 
the reason for any delay and the date completion of the repair is 
expected.
    (6) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance for each container 
determined to require Container Level 3 controls by meeting the 
requirements in paragraphs (e)(1) through (4) of this section.
    (1) Performing the verification procedure for the enclosure 
annually according to the requirements in Sec.  63.685(i).
    (2) Recording the information specified in Sec.  63.696(f).
    (3) Meeting each applicable requirement for demonstrating 
continuous compliance with the emissions limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7928.
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.

Surface Impoundments


Sec.  63.7905  What emissions limitations or work practice standards 
must I meet for surface impoundments?

    (a) You must control HAP emissions from each new and existing 
surface impoundment subject to Sec.  63.7886(b)(1)(iii) according to 
emissions limitations and work practice standards in this section that 
apply to your affected surface impoundments.
    (b) For each affected surface impoundment, you must install and

[[Page 58200]]

operate air pollution controls that meet either of the options in 
paragraphs (b)(1) or (2) of this section.
    (1) Install and operate a floating membrane cover according to the 
requirements in Sec.  63.942; or
    (2) Install and operate a cover vented through a closed vent system 
to a control device according to the requirements in Sec.  63.943. You 
must meet the emissions limitations and work practice standards in 
Sec.  63.7925 that apply to your closed vent system and control device.
    (c) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this 
section that apply to your surface impoundments. If you request for 
permission to use an alternative to the work practice standards, you 
must submit the information described in Sec.  63.6(g)(2).


Sec.  63.7906  How do I demonstrate initial compliance with the 
emissions limitations or work practice standards for surface 
impoundments?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7905 that apply to 
your affected surface impoundments by meeting the requirements in 
paragraphs (b) and (c) of this section, as applicable to your surface 
impoundments.
    (b) You must demonstrate initial compliance of each surface 
impoundment using a floating membrane cover according to Sec.  
63.7905(b)(1) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (b)(1) through (3) of this 
section.
    (1) You have installed a floating membrane cover and closure 
devices that meet the requirements in Sec.  63.942(b), and you have 
records documenting the design and installation.
    (2) You will operate the cover and closure devices according to the 
requirements in Sec.  63.942(c).
    (3) You have performed an initial visual inspection of each surface 
impoundment and closure devices according to the requirements in Sec.  
63.946(a), and you have records documenting the inspection results.
    (c) You must demonstrate initial compliance of each surface 
impoundment using a cover vented to a control device according to Sec.  
63.7905(b)(2) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(1) through (4) of this 
section.
    (1) You have installed a cover and closure devices that meet the 
requirements in Sec.  63.943(b), and have records documenting the 
design and installation.
    (2) You will operate the cover and closure devices according to the 
requirements in Sec.  63.943(c).
    (3) You have performed an initial visual inspection of each cover 
and closure devices according to the requirements in Sec.  63.946(b), 
and have records documenting the inspection results.
    (4) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.


Sec.  63.7907  What are my inspection and monitoring requirements for 
surface impoundments?

    (a) If you use a floating membrane cover according to Sec.  
63.7905(b)(1), you must visually inspect the floating membrane cover 
and its closure devices at least annually according to the requirements 
in Sec.  63.946(a).
    (b) If you use a cover vented to a control device according to 
Sec.  63.7905(b)(2), you must meet requirements in paragraphs (b)(1) 
and (2) of this section.
    (1) You must visually inspect the cover and its closure devices for 
defects according to the requirements in Sec.  63.946(b).
    (2) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec.  63.7927 that apply to 
you.


Sec.  63.7908  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for surface 
impoundments?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7905 applicable to 
your affected surface impoundments by meeting the requirements in 
paragraphs (b) and (c) of this section as applicable to your surface 
impoundments.
    (b) You must demonstrate continuous compliance for each surface 
impoundment using a floating membrane cover according to Sec.  
63.7905(b)(1) by meeting the requirements in paragraphs (b)(1) through 
(5) of this section.
    (1) Operating and maintaining the floating membrane cover and 
closure devices according to the requirements in Sec.  63.942(c).
    (2) Visually inspecting the floating membrane cover and closure 
devices for defects at least annually according to the requirements in 
Sec.  63.946(a).
    (3) Repairing defects according to the requirements in Sec.  
63.946(c).
    (4) Recording the information specified in Sec.  63.947(a)(2) and 
(a)(3).
    (5) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each surface 
impoundment using a cover vented to a control device according to Sec.  
63.7905(b)(2) by meeting the requirements in paragraphs (c)(1) through 
(6) of this section.
    (1) Operating and maintaining the cover and its closure devices 
according to the requirements in Sec.  63.943(c).
    (2) Visually inspecting the cover and its closure devices for 
defects at least annually according to the requirements in Sec.  
63.946(b).
    (3) Repairing defects according to the requirements in Sec.  
63.946(c).
    (4) Recording the information specified in Sec.  63.947(a)(2) and 
(a)(3).
    (5) Meeting each applicable requirement for demonstrating 
continuous compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7928.
    (6) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.

Separators


Sec.  63.7910  What emissions limitations and work practice standards 
must I meet for separators?

    (a) You must control HAP emissions from each new and existing oil-
water separator and organic-water separator subject to Sec.  
63.7886(b)(1)(iv) according to emissions limitations and work practice 
standards in this section that apply to your affected separators.
    (b) For each affected separator, you must install and operate air 
pollution controls that meet one of the options in paragraphs (b)(1) 
through (3) of this section.
    (1) Install and operate a floating roof according to the 
requirements in Sec.  63.1043. For portions of the separator where it 
is infeasible to install and operate a floating roof, such as over a 
weir mechanism, you must comply with the requirements specified in 
paragraph (b)(2) of this section.
    (2) Install and operate a fixed roof vented through a closed vent 
system to a control device according to the requirements in Sec.  
63.1044. You must

[[Page 58201]]

meet the emissions limitations and work practice standards in Sec.  
63.7925 that apply to your closed vent system and control device.
    (3) Install and operate a pressurized separator according to the 
requirements in Sec.  63.1045.
    (c) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this 
section that apply to your separators. If you request for permission to 
use an alternative to the work practice standards, you must submit the 
information described in Sec.  63.6(g)(2).


Sec.  63.7911  How do I demonstrate initial compliance with the 
emissions limitations and work practice standards for separators?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7910 that apply to 
your affected separators by meeting the requirements in paragraphs (b) 
through (d) of this section, as applicable to your separators.
    (b) You must demonstrate initial compliance of each separator using 
a floating roof according to Sec.  63.7910(b)(1) if you have submitted 
as part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have met the requirements in 
paragraphs (b)(1) through (4) of this section.
    (1) You have installed a floating roof and closure devices that 
meet the requirements in Sec.  63.1043(b), and you have records 
documenting the design and installation.
    (2) You will operate the floating roof and closure devices 
according to the requirements in Sec.  63.1043(c).
    (3) You have performed an initial seal gap measurement inspection 
using the procedures in Sec.  63.1046(b), and you have records 
documenting the measurement results.
    (4) You have performed an initial visual inspection of the floating 
roof and closure devices for defects according to the requirements in 
Sec.  63.1047(b)(2), and you have records documenting the inspection 
results.
    (5) For any portions of the separator using a fixed roof vented to 
a control device according to Sec.  63.7910(b)(1), you have met the 
requirements in paragraphs (c)(1) through (4) of this section.
    (c) You must demonstrate initial compliance of each separator using 
a fixed roof vented to a control device according to Sec.  
63.7910(b)(2) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(1) through (4) of this 
section.
    (1) You have installed a fixed roof and closure devices that meet 
the requirements in Sec.  63.1042(b), and you have records documenting 
the design and installation.
    (2) You will operate the fixed roof and its closure devices 
according to the requirements in Sec.  63.1042(c).
    (3) You have performed an initial visual inspection of the fixed 
roof and closure devices for defects according to the requirements in 
Sec.  63.1047(a).
    (4) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.
    (d) You must demonstrate initial compliance of each pressurized 
separator that operates as a closed system according to Sec.  
63.7910(b)(3) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (d)(1) and (2) of this 
section.
    (1) You have installed a pressurized separator that operates as a 
closed system according to the requirements in Sec.  63.1045(b)(1) and 
(b)(2), and you have records of the design and installation.
    (2) You will operate the pressurized separator as a closed system 
according to the requirements in Sec.  63.1045(b)(3).


Sec.  63.7912  What are my inspection and monitoring requirements for 
separators?

    (a) If you use a floating roof according to Sec.  63.7910(b)(1), 
you must meet requirements in paragraphs (a)(1) and (2) of this 
section.
    (1) Measure the seal gaps at least annually according to the 
requirements in Sec.  63.1047(b)(1).
    (2) Visually inspect the floating roof at least annually according 
to the requirements in Sec.  63.1047(b)(2).
    (b) If you use a cover vented to a control device according to 
Sec.  63.7910(b)(1) or (2), you must meet requirements in paragraphs 
(b)(1) and (2) of this section.
    (1) You must visually inspect the cover and its closure devices for 
defects according to the requirements in Sec.  63.1047(c).
    (2) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec.  63.7927 that apply to 
you.
    (c) If you use a pressurized separator that operates as a closed 
system according to Sec.  63.7910(b)(3), you must visually inspect each 
pressurized separator and closure devices for defects at least annually 
to ensure they are operating according to the design requirements in 
Sec.  63.1045(b).


Sec.  63.7913  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for separators?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7910 applicable to 
your affected separators by meeting the requirements in paragraphs (b) 
through (d) of this section as applicable to your surface impoundments.
    (b) You must demonstrate continuous compliance for each separator 
using a floating roof according to Sec.  63.7910(b)(1) by meeting the 
requirements in paragraphs (b)(1) through (6) of this section.
    (1) Operating and maintaining the floating roof according to the 
requirements in Sec.  63.1043(b).
    (2) Performing seal gap measurement inspections at least annually 
according to the requirements in Sec.  63.1047(b)(1).
    (3) Visually inspecting the floating roof at least annually 
according to the requirements in Sec.  63.1047(b)(2).
    (4) Repairing defects according to the requirements in Sec.  
63.1047(d).
    (5) Recording the information specified in Sec.  63.1048(a) and 
(b).
    (6) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each separator 
using a cover vented to a control device according to Sec.  
63.7905(b)(1) or (2) by meeting the requirements in paragraphs (c)(1) 
through (6) of this section.
    (1) Operating and maintaining the fixed roof and its closure 
devices according to the requirements in Sec.  63.1042.
    (2) Performing visual inspections of the fixed roof and its closure 
devices for defects at least annually according to the requirements in 
Sec.  63.1047(a).
    (3) Repairing defects according to the requirements in Sec.  
63.1047(d).
    (4) Recording the information specified in Sec.  63.1048(a).
    (5) Meeting each applicable requirement for demonstrating 
continuous compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7928.
    (6) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (d) You must demonstrate continuous compliance for each pressurized

[[Page 58202]]

separator operated as a closed system according to Sec.  63.7910(b)(3) 
by meeting the requirements in paragraphs (d)(1) and (2) of this 
section.
    (1) Operating the pressurized separator at all times according to 
the requirements in Sec.  63.1045.
    (2) Visually inspecting each pressurized tank and closure devices 
for defects at least annually to ensure they are operating according to 
the design requirements in Sec.  63.1045(b), and recording the results 
of each inspection.

Transfer Systems


Sec.  63.7915  What emissions limitations and work practice standards 
must I meet for transfer systems?

    (a) You must control HAP emissions from each new and existing 
transfer system subject to Sec.  63.7886(b)(1)(v) according to 
emissions limitations and work practice standards in this section that 
apply to your affected transfer systems.
    (b) For each affected transfer system that is an individual drain 
system as defined in Sec.  63.7957, you must install and operate 
controls according to the requirements in Sec.  63.962.
    (c) For each affected transfer system that is not an individual 
drain system as defined in Sec.  63.7957, you must use one of the 
transfer systems specified in paragraphs (c)(1) through (3) of this 
section.
    (1) A transfer system that uses covers according to the 
requirements in Sec.  63.689(d).
    (2) A transfer system that consists of continuous hard-piping. All 
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (3) A transfer system that is enclosed and vented through a closed 
vent system to a control device according to the requirements specified 
in paragraphs (c)(3)(i) and (ii) of this section.
    (i) The transfer system is designed and operated such that an 
internal pressure in the vapor headspace in the enclosure is maintained 
at a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed vent system and control device are designed and 
operated to meet the emissions limitations and work practice standards 
in Sec.  63.7925 that apply to your closed vent system and control 
device.
    (d) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this 
section that apply to your transfer systems. If you request for 
permission to use an alternative to the work practice standards, you 
must submit the information described in Sec.  63.6(g)(2).


Sec.  63.7916  How do I demonstrate initial compliance with the 
emissions limitations and work practice standards for transfer systems?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7915 that apply to 
your affected transfer systems by meeting the requirements in 
paragraphs (b) through (e) of this section, as applicable to your 
transfer systems.
    (b) You must demonstrate initial compliance of each individual 
drain system using controls according to Sec.  63.7915(b) if you have 
submitted as part of your notification of compliance status, specified 
in Sec.  63.7950, a signed statement that you have met the requirements 
in paragraphs (b)(1) through (3) of this section.
    (1) You have installed air emission controls for each individual 
drain system and junction box according to the requirements in Sec.  
63.962(a) and (b), and you have records documenting the installation 
and design.
    (2) You will operate the air emission controls according to the 
requirements in Sec.  63.962(b)(5).
    (3) You have performed an initial visual inspection of each 
individual drain system according to the requirements in Sec.  
63.964(a), and you have records documenting the inspection results.
    (c) You must demonstrate initial compliance of each transfer system 
using covers according to Sec.  63.7915(c)(1) if you have submitted as 
part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have met the requirements in 
paragraphs (c)(1) through (3) of this section.
    (1) Each transfer system is equipped with covers and closure 
devices according to the requirements in Sec.  63.689(d)(1) through 
(4), and you have records documenting the design and installation.
    (2) You have performed an initial inspection of each cover and its 
closure devices for defects according to the requirements in Sec.  
63.695(d)(1) through (5), and you have records documenting the 
inspection results.
    (3) You will operate each cover and its closure devices according 
to the requirements in Sec.  63.689(5).
    (d) You must demonstrate initial compliance of each transfer system 
that consists of hard piping according to Sec.  63.7915(c)(2) if you 
have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (d)(1) and (2) of this section.
    (1) You have installed a transfer system that consists entirely of 
hard piping and meets the requirements in Sec.  63.7915(c)(2), and you 
have records documenting the design and installation.
    (2) You have performed an initial inspection of the entire transfer 
system to verify that all joints or seams between the pipe sections are 
permanently or semi-permanently sealed (e.g., a welded joint between 
two sections of metal pipe or a bolted and gasketed flange), and you 
have records documenting the inspection results.
    (e) You must demonstrate initial compliance of each transfer system 
that is enclosed and vented to a control device according to Sec.  
63.7915(e)(3) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (e)(1) and (2) of this 
section.
    (1) You have installed a transfer system that is designed and 
operated such that an internal pressure in the vapor headspace in the 
enclosure is maintained at a level less than atmospheric pressure when 
the control device is operating, and you have records documenting the 
design and installation.
    (2) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.


Sec.  63.7917  What are my inspection and monitoring requirements for 
transfer systems?

    (a) If you operate an individual drain system as a transfer system 
according to Sec.  63.7915(b), you must visually inspect each 
individual drain system at least annually according to the requirements 
in Sec.  63.964(a).
    (b) If you operate a transfer system using covers according to 
Sec.  63.7915(c)(1), you must inspect each cover and its closure 
devices for defects according to the requirements in Sec.  63.695(d)(1) 
through (5).
    (c) If you operate a transfer system consisting of hard piping 
according to Sec.  63.7915(c)(2), you must annually inspect the entire 
pipeline and all joints for leaks and other defects. In the event that 
a defect is detected, you must repair the leak or defect according to 
the

[[Page 58203]]

requirements of paragraph (e) of this section.
    (d) If you operate a transfer system that is enclosed and vented to 
a control device according to Sec.  63.7915(c)(3), you must meet 
requirements in paragraphs (d)(1) and (2) of this section.
    (1) You must annually inspect all enclosure components (e.g., 
enclosure sections, closure devices, fans) for defects that would 
prevent an internal pressure in the vapor headspace in the enclosure 
from continuously being maintained at a level less than atmospheric 
pressure when the control device is operating. In the event that a 
defect is detected, you must repair the defect according to the 
requirements of paragraph (e) of this section.
    (2) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec.  63.7927 that apply to 
you.
    (e) If you are subject to paragraph (c) or (d) of this section, you 
must repair all detected defects as specified in paragraphs (e)(1) 
through (3) of this section.
    (1) You must make first efforts at repair of the defect no later 
than 5 calendar days after detection and repair shall be completed as 
soon as possible but no later than 45 calendar days after detection 
except as provided in paragraph (e)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if 
you determine that repair of the defect requires emptying or temporary 
removal from service of the transfer system and no alternative transfer 
system is available at the site to accept the material normally handled 
by the system. In this case, you must repair the defect the next time 
the process or unit that is generating the material handled by the 
transfer system stops operation. Repair of the defect must be completed 
before the process or unit resumes operation.
    (3) You must maintain a record of the defect repair according to 
the requirements specified in Sec.  63.7952.


Sec.  63.7918  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for transfer systems?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7915 applicable to 
your affected transfer system by meeting the requirements in paragraphs 
(b) through (e) of this section as applicable to your transfer systems.
    (b) You must demonstrate continuous compliance for each individual 
drain system using controls according to Sec.  63.7915(b) by meeting 
the requirements in paragraphs (b)(1) through (5) of this section.
    (1) Operating and maintaining the air emission controls for 
individual drain systems according to the requirements in Sec.  63.962.
    (2) Visually inspecting each individual drain system at least 
annually according to the requirements in Sec.  63.964(a).
    (3) Repairing defects according to the requirements in Sec.  
63.964(b).
    (4) Recording the information specified in Sec.  63.965(a).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each transfer 
system using covers according to Sec.  63.7915(c)(1) by meeting the 
requirements in paragraphs (c)(1) through (4) of this section.
    (1) Operating and maintaining each cover and its closure devices 
according to the requirements in Sec.  63.689(d)(1) through (5).
    (2) Performing inspections of each cover and its closure devices 
for defects at least annually according to the requirements in Sec.  
63.695(d)(1) through (5).
    (3) Repairing defects according to the requirements in Sec.  
63.695(5)
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (d) You must demonstrate continuous compliance for each transfer 
system that consists of hard piping according to Sec.  63.7915(c)(2) by 
meeting the requirements in paragraphs (d)(1) through (4) of this 
section.
    (1) Operating and maintaining the pipeline to ensure that all 
joints or seams between the pipe sections remain permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (2) Inspecting the pipeline for defects at least annually according 
to the requirements in Sec.  63.7918(c).
    (3) Repairing defects according to the requirements in Sec.  
63.7918(e).
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance for each transfer 
system that is enclosed and vented to a control device according to 
Sec.  63.7915(e)(3) by meeting the requirements in paragraphs (e)(1) 
through (5) of this section.
    (1) Operating and maintaining the enclosure to ensure that the 
internal pressure in the vapor headspace in the enclosure is maintained 
continuously at a level less than atmospheric pressure when the control 
device is operating.
    (2) Inspecting the enclosure and its closure devices for defects at 
least annually according to the requirements in Sec.  63.7918(d).
    (3) Repairing defects according to the requirements in Sec.  
63.7918(e).
    (4) Meeting each applicable requirement for demonstrating 
continuous compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7928.
    (5) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.

Equipment Leaks


Sec.  63.7920  What emissions limitations and work practice standards 
must I meet for equipment leaks?

    (a) You must control HAP emissions from each new and existing 
equipment subject to Sec.  63.7887 according to emissions limitations 
and work practice standards in this section that apply to your affected 
equipment.
    (b) For your affected equipment, you must meet the requirements in 
either paragraph (b)(1) or (2) of this section.
    (1) Control equipment leaks according to all applicable 
requirements under 40 CFR part 63, subpart TT--National Emission 
Standards for Equipment Leaks--Control Level 1; or
    (2) Control equipment leaks according to all applicable 
requirements under 40 CFR part 63, subpart UU--National Emission 
Standards for Equipment Leaks--Control Level 2.
    (c) If you use a closed vent system and control device to comply 
with this section, as an alternative to meeting the standards in Sec.  
63.1015 or Sec.  63.1034 for closed vent systems and control devices, 
you may elect to meet the requirements in Sec. Sec.  63.7925 through 
63.7928 that apply to your closed vent system and control device.
    (d) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this 
section that apply to your equipment. If you request for permission to 
use an alternative to the work practice standards, you must submit the 
information described in Sec.  63.6(g)(2).


Sec.  63.7921  How do I demonstrate initial compliance with the 
emissions limitations and work practice standards for equipment leaks?

    (a) You must demonstrate initial compliance with the emissions

[[Page 58204]]

limitations and work practice standards in Sec.  63.7920 that apply to 
your affected equipment by meeting the requirements in paragraphs (b) 
and (c) of this section, as applicable to your affected sources.
    (b) If you control equipment leaks according to the requirements 
under Sec.  63.7920(b)(1), you must demonstrate initial compliance if 
you have met the requirements in paragraphs (b)(1) and (2) of this 
section.
    (1) You include the information required in Sec.  63.1018(a)(1) in 
your notification of compliance status report.
    (2) You have submitted as part of your notification of compliance 
status a signed statement that:
    (i) You will meet the requirements in Sec. Sec.  63.1002 through 
63.1016 that apply to your affected equipment.
    (ii) You have identified the equipment subject to control according 
to the requirements in Sec.  63.1003, including equipment designated as 
unsafe to monitor, and have records supporting the determinations with 
a written plan for monitoring the equipment according to the 
requirements in Sec.  63.1003(c)(4).
    (c) If you control equipment leaks according to the requirements 
under Sec.  63.7920(b)(2), you must demonstrate initial compliance if 
you have met the requirements in paragraphs (c)(1) and (2) of this 
section.
    (1) You have included the information required in Sec.  63.1039(a) 
in your notification of compliance status report.
    (2) You have submitted as part of your notification of compliance 
status a signed statement that:
    (i) You will meet the requirements in Sec. Sec.  63.1021 through 
63.1037 that apply to your affected equipment.
    (ii) You have identified the equipment subject to control according 
to the requirements in Sec.  63.1022, including equipment designated as 
unsafe to monitor, and have records supporting the determinations with 
a written plan for monitoring the equipment according to the 
requirements in Sec.  63.1022(c)(4).


Sec.  63.7922  How do I demonstrate continuous compliance with the work 
practice standards for equipment leaks?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7920 applicable to 
your affected equipment by meeting the requirements in paragraphs (b) 
through (d) of this section that apply to you.
    (b) If you control equipment leaks according to the requirements 
under Sec.  63.7920(b)(1), you must demonstrate continuous compliance 
by inspecting, monitoring, repairing, and maintaining records according 
to the requirements in Sec. Sec.  63.1002 through 63.1018 that apply to 
your affected equipment.
    (c) If you control equipment leaks according to the requirements 
under Sec.  63.7920(b)(2), you must demonstrate continuous compliance 
by inspecting, monitoring, repairing, and maintaining records according 
to the requirements in Sec. Sec.  63.1021 through 63.1039 that apply to 
your affected equipment.
    (d) You must keep records to demonstrate compliance with the 
requirements according to the requirements in Sec.  63.7952.

Closed Vent Systems and Control Devices


Sec.  63.7925  What emissions limitations and work practice standards 
must I meet for closed vent systems and control devices?

    (a) For each closed-vent system and control device you use to 
comply with requirements in Sec. Sec.  63.7890 through 63.7922, as 
applicable to your affected sources, you must meet the emissions 
limitations and work practice standards in this section.
    (b) Whenever gases or vapors containing HAP are vented through the 
closed-vent system to the control device, the control device must be 
operating except at those times listed in either paragraph (b)(1) or 
(2) of this section.
    (1) The control device may be bypassed for the purpose of 
performing planned routine maintenance of the closed-vent system or 
control device in situations when the routine maintenance cannot be 
performed during periods that the emission point vented to the control 
device is shutdown. On an annual basis, the total time that the closed-
vent system or control device is bypassed to perform routine 
maintenance must not exceed 240 hours per each calendar year.
    (2) The control device may be bypassed for the purpose of 
correcting a malfunction of the closed-vent system or control device. 
You must perform the adjustments or repairs necessary to correct the 
malfunction as soon as practicable after the malfunction is detected.
    (c) For each closed vent system, you must meet the work practice 
standards in Sec.  63.693(c).
    (d) For each control device other than a flare or a control device 
used to comply with the facility-wide process vent emission limits in 
Sec.  63.7890(b), you must control HAP emissions to meet either of the 
emissions limits in paragraphs (d)(1) or (2) of this section except as 
provided for in paragraph (f) of this section.
    (1) Reduce emissions of total HAP listed in Table 1 of this subpart 
or TOC (minus methane and ethane) from each control device by 95 
percent by weight; or
    (2) Limit the concentration of total HAP listed in Table 1 of this 
subpart or TOC (minus methane and ethane) from each combustion control 
device (a thermal incinerator, catalytic incinerator, boiler, or 
process heater) to 20 ppmv or less on a dry basis corrected to 3 
percent oxygen.
    (e) If you use a flare for your control device, then you must meet 
the requirements for flares in Sec.  63.11(b).
    (f) If you use a process heater or boiler for your control device, 
then as alternative to meeting the emissions limits in paragraph (d) of 
this section you may choose to comply with one of the work practice 
standards in paragraphs (f)(1) through (3) of this section.
    (1) Introduce the vent stream into the flame zone of the boiler or 
process heater and maintain the conditions in the combustion chamber at 
a residence time of 0.5 seconds or longer and at a temperature of 
760[deg]C or higher; or
    (2) Introduce the vent stream with the fuel that provides the 
predominate heat input to the boiler or process heater (i.e., the 
primary fuel); or
    (3) Introduce the vent stream to a boiler or process heater for 
which you either have been issued a final permit under 40 CFR part 270 
and complies with the requirements of 40 CFR part 266, subpart H--
Hazardous Waste Burned in Boilers and Industrial Furnaces; or has 
certified compliance with the interim status requirements of 40 CFR 
part 266, subpart H.
    (g) For each control device other than a flare, you must meet each 
operating limit in paragraphs (g)(1) through (6) of this section that 
applies to your control device.
    (1) If you use a regenerable carbon adsorption system, you must:
    (i) Maintain the hourly average total regeneration stream mass flow 
during the adsorption bed regeneration cycle greater than or equal to 
the stream mass flow established in the design evaluation or 
performance test.
    (ii) Maintain the hourly average temperature of the adsorption bed 
during regeneration (except during the cooling cycle) greater than or 
equal to the temperature established during the design evaluation or 
performance test.
    (iii) Maintain the hourly average temperature of the adsorption bed 
after regeneration (and within 15 minutes after completing any cooling 
cycle) less than or equal to the temperature established during the 
design evaluation.
    (iv) Maintain the frequency of regeneration greater than or equal 
to the

[[Page 58205]]

frequency established during the design evaluation.
    (2) If you use a nonregenerable carbon adsorption system, you must 
maintain the hourly average temperature of the adsorption bed less than 
or equal to the temperature established during the design evaluation or 
performance test.
    (3) If you use a condenser, you must maintain the daily average 
condenser exit temperature less than or equal to the temperature 
established during the design evaluation or performance test.
    (4) If you use a thermal incinerator, you must maintain the daily 
average firebox temperature greater than or equal to the temperature 
established in the design evaluation or during the performance test.
    (5) If you use a catalytic incinerator, you must maintain the daily 
average temperature difference across the catalyst bed greater than or 
equal to the minimum temperature difference established during the 
performance test or design evaluation.
    (6) If you use a boiler or process heater to comply with an 
emission limit in paragraph (d) of this section, you must maintain the 
daily average firebox temperature within the operating level 
established during the design evaluation or performance test.
    (h) If you use a carbon adsorption system as your control, you must 
meet each work practice standard in paragraphs (h)(1) through (3) of 
this section that applies to your control device.
    (1) If you use a regenerable carbon adsorption system, you must:
    (i) Replace the existing adsorbent in each segment of the bed with 
an adsorbent that meets the replacement specifications established 
during the design evaluation before the age of the adsorbent exceeds 
the maximum allowable age established during the design evaluation.
    (ii) Follow the disposal requirements for spent carbon in Sec.  
63.693(d)(4).
    (2) If you use a nonregenerable carbon adsorption system, you must:
    (i) Replace the existing adsorbent in each segment of the bed with 
an adsorbent that meets the replacement specifications established 
during the design evaluation before the age of the adsorbent exceeds 
the maximum allowable age established during the design evaluation.
    (ii) Meet the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (3) If you use a nonregenerative carbon adsorption system, you may 
choose to comply with the requirements in paragraphs (h)(3)(i) and (ii) 
of this section as an alternative to the requirements in paragraph 
(h)(2) of this section. You must:
    (i) Immediately replace the carbon canister or carbon in the 
control device when the monitoring device indicates breakthrough has 
occurred according to the requirements in Sec.  63.693(d)(4)(iii)(A), 
or replace the carbon canister or carbon in the control device at 
regular intervals according to the requirements in Sec.  
63.693(d)(4)(iii)(B).
    (ii) Follow the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (i) If you use a catalytic incinerator, you must replace the 
existing catalyst bed with a bed that meets the replacement 
specifications before the age of the bed exceeds the maximum allowable 
age established in the design evaluation or during the performance 
test.
    (j) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this 
section that apply to your closed vent systems and control devices. If 
you request for permission to use an alternative to the work practice 
standards, you must submit the information described in Sec.  
63.6(g)(2).


Sec.  63.7926  How do I demonstrate initial compliance with the 
emission limitations and work practice standards for closed vent 
systems and control devices?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in this subpart applicable to 
your closed vent system and control device by meeting the requirements 
in paragraphs (b) through (h) of this section that apply to your closed 
vent system and control device.
    (b) You must demonstrate initial compliance with the closed vent 
system work practice standards in Sec.  63.7925(c) if you have 
submitted as part of your notification of compliance status, specified 
in Sec.  63.7950, a signed statement that you have met the requirements 
in paragraphs (b)(1) and (2) of this section.
    (1) You have installed a closed vent system that meets the 
requirements in Sec.  63.695(c)(1) and (2), and you have records 
documenting the equipment design and installation.
    (2) You have performed the initial inspection of the closed vent 
system according to the requirements in Sec.  63.695(c)(1)(i) or (ii), 
and you have records documenting the inspection results.
    (c) You must demonstrate initial compliance of each control device 
subject to the emissions limits in Sec.  63.7925(d) with the applicable 
emissions limit in Sec.  63.7925(d) if you have submitted as part of 
your notification of compliance status, specified in Sec.  63.7950, a 
signed statement that you have met the requirements in paragraphs 
(c)(1) and (2) of this section that apply to you.
    (1) For the emissions limit in Sec.  63.7925(d)(1), the emissions 
of total HAP listed in Table 1 of this subpart or TOC (minus methane 
and ethane) from the control device, measured or determined according 
to the procedures for performance tests and design evaluations in Sec.  
63.7941, are reduced by at least 95 percent by weight.
    (2) For the emissions limit in Sec.  63.7925(d)(2), the 
concentration of total HAP listed in Table 1 of this subpart or TOC 
(minus methane and ethane) from the combustion control device, measured 
by a performance test or determined by a design evaluation according to 
the procedures in Sec.  63.7941, do not exceed 20 ppmv on a dry basis 
corrected to 3 percent oxygen.
    (d) You must demonstrate initial compliance of each control device 
subject to operating limits in Sec.  63.7925(g) with the applicable 
limits if you have submitted as part of your notification of compliance 
status, specified in Sec.  63.7950, a signed statement that you have 
met the requirements in paragraphs (d)(1) and (2) of this section.
    (1) You have established an appropriate operating limit(s) for each 
of the operating parameter applicable to your control device as 
specified in Sec.  63.7925(g)(1) through (6).
    (2) You have a record of the applicable operating parameter data 
during the performance test or design evaluation during which the 
emissions met the applicable limit.
    (e) You must demonstrate initial compliance with the spent carbon 
replacement and disposal work practice standards for carbon adsorption 
systems in Sec.  63.7925(h) if you have submitted as part of your 
notification of compliance status, specified in Sec.  63.7950, a signed 
statement that you will comply with each work practice standard that 
applies to your carbon adsorption system.
    (f) You must demonstrate initial compliance with the catalyst 
replacement work practice standards for catalytic incinerators in Sec.  
63.7925(i) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you will comply with the specified work practice standard.
    (g) You must demonstrate initial compliance of each flare with the 
work practice standards in Sec.  63.7925(e) if you have submitted as 
part of your

[[Page 58206]]

notification of compliance status, specified in Sec.  63.7950, a signed 
statement that you have met the requirements in paragraphs (g)(1) 
through (3) of this section.
    (1) Each flare meets the requirements in Sec.  63.11(b).
    (2) You have performed a visible emissions test, determined the net 
heating value of gas being combusted, and determined the flare exit 
velocity as required in Sec.  63.693(h)(2).
    (3) You will operate each flare according to the requirements in 
Sec.  63.11(b).
    (h) You must demonstrate initial compliance of each boiler or 
process heater with the work practice standards in Sec.  63.7925(f) if 
you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (h)(1) through (3) of this section.
    (1) For the work practice standards in Sec.  63.7925(f)(1), you 
have records documenting that the boiler or process heater is designed 
to operate at a residence time of 0.5 seconds or greater and maintain 
the combustion zone temperature at 760[deg]C or greater.
    (2) For the work practice standard in Sec.  63.7925(f)(2), you have 
records documenting that the vent stream is introduced with the fuel 
according to the requirements in Sec.  63.693(g)(1)(iv), or that the 
vent stream is introduced to a boiler or process heater that meets the 
requirements in Sec.  63.693(g)(1)(v).
    (3) For the work practice standard in Sec.  63.7925(f)(3), you have 
records documenting you either have been issued a final permit under 40 
CFR part 270 and your boiler or process heater complies with the 
requirements of 40 CFR part 266, subpart H--Hazardous Waste Burned in 
Boilers and Industrial Furnaces; or has been certified in compliance 
with the interim status requirements of 40 CFR part 266, subpart H.


Sec.  63.7927  What are my inspection and monitoring requirements for 
closed vent systems and control devices?

    (a) You must comply with the requirements in paragraphs (a)(1) and 
(2) of this section for each closed vent system.
    (1) You must monitor and inspect each closed vent system according 
to the requirements in either paragraph (a)(1)(i) or (ii) of this 
section.
    (i) You must monitor, inspect, and repair defects according to the 
requirements in Sec.  63.695(c)(1)(ii) through (c)(3); or
    (ii) You must monitor and inspect the closed vent system according 
to the requirements in Sec.  63.172(f) through (j) and record the 
information in Sec.  63.181.
    (2) If your closed vent system includes a bypass device, you must 
meet the requirements in either paragraph (a)(2)(i) or (ii) of this 
section.
    (i) Use a flow indicator to determine if the presence of flow 
according to the requirements in Sec.  63.693(c)(2)(i); or
    (ii) Use a seal or locking device and make monthly inspections as 
required by Sec.  63.693(c)(2)(ii).
    (b) If you use a regenerable carbon adsorption system, you must 
meet the requirements in paragraphs (b)(1) through (3) of this section.
    (1) Use a continuous parameter monitoring system (CPMS) to measure 
and record the hourly average total regeneration stream mass flow 
during each carbon adsorption cycle.
    (2) Use a CPMS to measure and record the hourly average temperature 
of the adsorption bed during regeneration (except during the cooling 
cycle).
    (3) Use a CPMS to measure and record the hourly average temperature 
of the adsorption bed after regeneration (and within 15 minutes of 
after completing any cooling cycle).
    (c) If you use a nonregenerable carbon adsorption system, you must 
use a CPMS to measure and record the hourly average temperature of the 
adsorption bed or you must monitor the concentration of organic 
compounds in the exhaust vent stream according to the requirements in 
Sec.  63.693(d)(4)(iii)(A).
    (d) If you use a condenser, you must use a CPMS to measure and 
record the hourly average condenser exit temperature and determine and 
record the daily average condenser exit temperature.
    (e) If you use a thermal incinerator, you must use a CPMS to 
measure and record the hourly average firebox temperature and determine 
and record the daily average firebox temperature.
    (f) If you use a catalytic incinerator, you must use a CPMS with 
two temperature sensors to measure and record the hourly average 
temperature at the inlet of the catalyst bed, the hourly average 
temperature at the outlet of the catalyst bed, the hourly average 
temperature difference across the catalyst bed, and to determine and 
record the daily average temperature difference across the catalyst 
bed.
    (g) If you use a boiler or process heater to meet an emission 
limitation, you must use a CPMS to measure and record the hourly 
average firebox temperature and determine and record the daily average 
firebox temperature.
    (h) If you use a flare, you must monitor the operation of the flare 
using a heat sensing monitoring device according to the requirements in 
Sec.  63.693(h)(3).
    (i) If you introduce the vent stream into the flame zone of a 
boiler or process heater according to the requirements in Sec.  
63.7925(f)(1), you must use a CPMS to measure and record the combustion 
zone temperature.


Sec.  63.7928  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for closed vent 
systems and control devices?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in this subpart applicable to 
your closed vent system and control device by meeting the requirements 
in paragraphs (b) through (j) of this section as applicable to your 
closed vent system and control device.
    (b) You must demonstrate continuous compliance with the closed vent 
system work practice standards in Sec.  63.7925(c) by meeting the 
requirements in paragraphs (b)(1) through (7) of this section.
    (1) For a closed vent system designed to operate with no detectable 
organic emissions, visually inspecting the closed vent system at least 
annually, monitoring after a repair or replacement using the procedures 
in Sec.  63.694(k), and monitoring at least annually according to the 
requirements in Sec.  63.695(c)(1)(ii).
    (2) For a closed vent system designed to operate below atmospheric 
pressure, visually inspecting the closed vent system at least annually 
according to the requirements in Sec.  63.695(c)(2)(ii).
    (3) Repairing defects according to the requirements in Sec.  
63.695(c)(3).
    (4) Keeping records of each inspection that include the information 
in paragraphs (b)(4)(i) through (iii) of this section:
    (i) A closed vent system identification number (or other unique 
identification description you select).
    (ii) Date of each inspection.
    (iii) If a defect is detected during an inspection, the location of 
the defect, a description of the defect, the date of detection, the 
corrective action taken to repair the defect, and if repair is delayed, 
the reason for any delay and the date completion of the repair is 
expected.
    (5) If you elect to monitor the closed vent system according to the 
requirements in Sec.  63.172(f) through (j), recording the information 
in Sec.  63.181.
    (6) If the closed vent system is equipped with a flow indicator, 
recording the information in Sec.  63.693(c)(ii)(i).
    (7) If the closed vent system is equipped with a seal or locking 
device,

[[Page 58207]]

visually inspecting the seal or closure mechanism at least monthly 
according to the requirements in Sec.  63.693(c)(ii)(i), and recording 
the results of each inspection.
    (c) You must demonstrate continuous compliance of each control 
device subject to the emissions limits in Sec.  63.7925(d) with the 
applicable emissions limit in Sec.  63.7925(d) by meeting the 
requirements in paragraphs (c)(1) and (2) of this section.
    (1) For the emission limit in Sec.  63.7925(d)(1), maintaining the 
reduction in emissions of total HAP listed in Table 1 of this subpart 
or TOC (minus methane and ethane) from the control device at 95 percent 
by weight or greater.
    (2) For the emission limit in Sec.  63.7925(d)(2), maintaining the 
concentration of total HAP listed in Table 1 of this subpart or TOC 
(minus methane and ethane) from the control device at 20 ppmv or less.
    (d) You must demonstrate continuous compliance of each control 
device subject to operating limits in Sec.  63.7925(g) with the 
applicable limits by meeting the requirements in paragraphs (d)(1) 
through (4) of this section.
    (1) Maintaining each operating limit according to the requirements 
in Sec.  63.7925(g) as applicable to the control device.
    (2) Monitoring and inspecting each control device according to the 
requirements in Sec.  63.7927(b) through (i) as applicable to the 
control device.
    (3) Operating and maintaining each continuous monitoring system 
according to the requirements in Sec.  63.7945, and collecting and 
reducing data according to the requirements in Sec.  63.7946.
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance with the spent 
carbon replacement and disposal work practice standards for regenerable 
carbon adsorption systems in Sec.  63.7925(h)(1) by meeting the 
requirements in paragraphs (e)(1) through (3) of this section.
    (1) Replacing the adsorbent as required by Sec.  63.7925(h)(1)(i).
    (2) Following the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (3) Keeping records to document compliance with the requirements of 
the work practice standards.
    (f) You must demonstrate continuous compliance with the spent 
carbon replacement and disposal work practice standards for 
nonregenerable carbon adsorption systems in Sec.  63.7925(h)(2) by 
meeting the requirements in paragraphs (f)(1) through (3) of this 
section.
    (1) Replacing the adsorbent as required by the work practice 
standard in Sec.  63.7925(h)(2)(i).
    (2) Following the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (3) Keeping records to document compliance with the requirements of 
the work practice standards.
    (g) You must demonstrate continuous compliance with the spent 
carbon replacement and disposal work practice standards for 
nonregenerable carbon adsorption systems in Sec.  63.7925(h)(3) by 
meeting the requirements in paragraphs (g)(1) through (3) of this 
section.
    (1) Monitoring the concentration level of the organic compounds in 
the exhaust vent for the carbon adsorption system as required in Sec.  
63.7927(c), immediately replacing the carbon canister or carbon in the 
control device when breakthrough is indicated by the monitoring device, 
and recording the date of breakthrough and carbon replacement. Or, you 
must replace the carbon canister or carbon in the control device at 
regular intervals and record the date of carbon replacement.
    (2) Following the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (3) Keeping records to document compliance with the requirements of 
the work practice standards.
    (h) You must demonstrate continuous compliance with the catalyst 
replacement work practice standards for catalytic incinerators in Sec.  
63.7925(i) by meeting the requirements in paragraphs (h)(1) and (2) of 
this section.
    (1) Replacing the existing catalyst bed as required in Sec.  
63.7925(i).
    (2) Keeping records to document compliance with the requirements of 
the work practice standards.
    (i) You must demonstrate continuous compliance of each flare with 
the work practice standards in Sec.  63.7925(e) by meeting the 
requirements in paragraphs (i)(1) through (5) of this section.
    (1) Operating the flare with no visible emissions except for up to 
5 minutes in any 2 consecutive hours according to the requirements in 
Sec.  63.11(b)(4).
    (2) Monitoring the presence of a pilot flare according to the 
requirements in Sec.  63.7927(h) and maintaining a pilot flame and 
flare flame at all times that emissions are not vented to the flare 
according to the requirements in Sec.  63.11(b)(5).
    (3) Operating the flare with an exit velocity according to the 
requirements in Sec.  63.11(b)(6) through (8).
    (4) Operating the flare with a net heating value of the gas being 
combusted according to the requirements in Sec.  63.11(b)(6)(ii).
    (5) Keeping records to document compliance with the requirements of 
the work practice standards.
    (j) You must demonstrate continuous compliance of each boiler or 
process heater with the work practice standards in Sec.  63.7925(f) by 
meeting the requirements in paragraphs (j)(1) through (3) of this 
section.
    (1) For the work practice standards in Sec.  63.7925(f)(1), you 
must demonstrate continuous compliance by meeting the requirements in 
paragraphs (j)(1)(i) through (iv).
    (i) Maintaining conditions in the combustion chamber at a residence 
time of 0.5 seconds or longer and at a combustion zone temperature at 
760[deg]C or greater whenever the vent stream is introduced to the 
flame zone of the boiler or process heater.
    (ii) Monitoring each boiler or process heater according to the 
requirements in Sec.  63.7927(i).
    (iii) Operating and maintaining each continuous monitoring system 
according to the requirements in Sec.  63.7945, and collecting and 
reducing data according to the requirements in Sec.  63.7946.
    (iv) Keeping records to document compliance with residence time 
design requirement.
    (2) For the work practice standards in Sec.  63.7925(f)(2), you 
maintain the boiler or process heater operations such that the vent 
stream is introduced with the fuel according to the requirements in 
Sec.  63.693(g)(1)(iv), or that the vent stream is introduced to a 
boiler or process heater that meets the requirements in Sec.  
63.693(g)(1)(v).
    (3) For the work practice standard in Sec.  63.7925(f)(3), you 
remain in compliance with all terms and conditions of the final permit 
under 40 CFR part 270 and your boiler or process heater complies with 
the requirements of 40 CFR part 266, subpart H--Hazardous Waste Burned 
in Boilers and Industrial Furnaces; or in compliance with the interim 
status requirements of 40 CFR part 266, subpart H, as applicable to 
your boiler or process heater.

General Compliance Requirements


Sec.  63.7935  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emissions limitations 
(including operating limits) and the work practice standards in this 
subpart at all times,

[[Page 58208]]

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) During periods of startup, shutdown, and malfunction, you must 
operate according to the SSMP.
    (e) You must report each instance in which you did not meet each 
emissions limitation and each operating limit that applies to you. This 
includes periods of startup, shutdown, and malfunction. You must also 
report each instance in which you did not meet the requirements for 
work practice standards that apply to you. These instances are 
deviations from the emissions limitations and work practice standards 
in this subpart. These deviations must be reported according to the 
requirements in Sec.  63.7951.
    (f) 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 according to the SSMP. We will determine whether 
deviations that occur during a period of startup, shutdown, or 
malfunction are violations, according to the provisions in Sec.  
63.6(e).
    (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 continuous monitoring system 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.
    (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 according to the 
general requirements of Sec.  63.8(c)(1), (3), (4)(ii), (7), and (8).
    (2) Ongoing data quality assurance procedures according to the 
general requirements of Sec.  63.8(d).
    (3) Ongoing recordkeeping and reporting procedures according to the 
general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (i) You must operate and maintain the continuous monitoring system 
according to the site-specific monitoring plan.
    (j) You must conduct a performance evaluation of each continuous 
monitoring according to your site-specific monitoring plan.


Sec.  63.7936  What requirements must I meet if I transfer remediation 
material off-site to another facility?

    (a) If you transfer to another facility a remediation material 
generated by your remediation activities and having an average total 
VOHAP concentration equal to or greater than 10 ppmw (as determined 
using the procedures specified in Sec.  63.7943), then you must 
transfer the remediation material to a facility that meets the 
requirements in paragraph (b) of this section. You must record the 
name, street address, and telephone number of the facility where you 
send this remediation material.
    (b) You may elect to transfer the remediation material to one of 
the following facilities:
    (1) A facility where your remediation material will be directly 
disposed in a landfill or other land disposal unit according to all 
applicable Federal and State requirements.
    (2) A facility subject to 40 CFR part 63, subpart DD where the 
exemption under Sec.  63.680(b)(2)(iii) is waived and air emissions 
from the management of your remediation material at the facility are 
controlled according to all applicable requirements in the subpart for 
an off-site material. Prior to sending your remediation material, you 
must obtain a written statement from the owner or operator of the 
facility to which you send your remediation material acknowledging that 
the exemption under Sec.  63.680(b)(2)(iii) will be waived for all 
remediation material received at the facility from you and your 
material will be managed as an off-site material at the facility 
according to all applicable requirements. This statement must be signed 
by the responsible official of the receiving facility, provide the name 
and address of the receiving facility, and a copy sent to the 
appropriate EPA Regional Office at the addresses listed in 40 CFR 
63.13.
    (3) A facility where your remediation material will be managed 
according to all applicable requirements under this Subpart.
    (i) You must prepare and include a notice with each shipment or 
transport of remediation material from your site. This notice must 
state that the remediation material contains organic HAP that are to be 
treated according to the provisions of this subpart. When the transport 
is continuous or ongoing (for example, discharge to a publicly owned 
treatment works), the notice must be submitted to the receiving 
facility owner or operator initially and whenever there is a change in 
the required treatment.
    (ii) You may not transfer the remediation material unless the owner 
or operator of the facility receiving your remediation material has 
submitted to the EPA a written certification that he or she will manage 
remediation material received from you according to the requirements of 
Sec. Sec.  63.7885 through 63.7957. The receiving facility owner or 
operator may revoke the written certification by sending a written 
statement to the EPA and to you providing at least 90 days notice that 
they rescind acceptance of responsibility for compliance with the 
regulatory provisions listed in this section. Upon expiration of the 
notice period, you may not transfer your remediation material to the 
facility.
    (iii) By providing the written certification to the EPA, the 
receiving facility owner or operator accepts responsibility for 
compliance with the regulatory provisions listed in paragraph (b)(3) of 
this section with respect to any shipment of remediation material 
covered by the written certification. Failure to abide by any of those 
provisions with respect to such shipments may result in enforcement 
action by the EPA against the certifying entity according to the 
enforcement provisions applicable to violations of these provisions by 
owners or operators of sources.
    (iv) Written certifications and revocation statements to the EPA 
from the receiving facility owner or operator must be signed by the 
responsible official of the receiving facility, provide the name and 
address of the receiving facility, and a copy sent to the appropriate 
EPA Regional Office at the addresses listed in 40 CFR 63.13. Such 
written certifications are not transferable.
    (c) Acceptance by a facility owner or operator of remediation 
material from a site remediation subject to this Subpart does not, by 
itself, require the facility owner or operator to obtain a title V 
permit under 40 CFR 70.3 or 40 CFR 71.3.

[[Page 58209]]

Sec.  63.7937  How do I demonstrate initial compliance with the general 
standards?

    (a) You must demonstrate initial compliance with the general 
standards in Sec. Sec.  63.7884 through 63.7887 that apply to your 
affected sources by meeting the requirements in paragraphs (b) through 
(d) of this section, as applicable to you.
    (b) You must demonstrate initial compliance with the general 
standards in Sec.  63.7885 that apply to your affected process vents by 
meeting the requirements in paragraphs (b)(1) through (4) of this 
section, as applicable to your process vents.
    (1) If HAP emissions are controlled from the affected process vents 
according to the emission limitations and work practice standards 
specified in Sec.  63.7885(b)(1), you have met the initial compliance 
requirements in Sec.  63.7891.
    (2) If the remediation material treated or managed by the process 
vented through the affected process vents has an average total VOHAP 
less than 10 ppmw according to Sec.  63.7885(b)(2), you have submitted 
as part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have determined, according to the 
procedures Sec.  63.7943, and recorded the average VOHAP concentration 
of the remediation material placed in the affected remediation material 
management unit.
    (3) If HAP emissions are controlled from the affected process vents 
to meet standards in another subpart under 40 CFR part 61 or 40 CFR 
part 63 according to Sec.  63.7885(b)(3), you have submitted as part of 
your notification of compliance status, specified in Sec.  63.7950, a 
signed statement that you have met the requirements in paragraphs 
(b)(3)(i) and (ii) of this section.
    (i) You include in your statement the citations for the specific 
emission limitations and work practice standards that apply to the 
process vents under the subpart in 40 CFR part 61 or 40 CFR part 63 
that the vents are also subject.
    (ii) You are complying with all applicable emissions limitations 
and work practice standards specified by the applicable subpart.
    (4) For each process vent exempted according to Sec.  63.7885(c), 
you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (b)(4)(i) and (ii) of this section.
    (i) You identify in your statement each process vent that qualifies 
for an exemption and the exemption conditions in Sec.  63.7885(c)(1)(i) 
or (ii) that apply to each exempted process vent.
    (ii) You have performed the measurements and prepared the 
documentation required in Sec.  63.7885(c)(2) that demonstrates that 
each exempted process vent stream meets the applicable exemption 
conditions in Sec.  63.7885(c)(1).
    (c) You must demonstrate initial compliance with the general 
standards in Sec.  63.7886 that apply to your affected remediation 
material management units by meeting the requirements in paragraphs 
(c)(1) through (6) of this section, as applicable to your remediation 
material management units.
    (1) If the remediation material management unit uses air pollution 
controls according to the standards specified in Sec.  63.7886(b)(1), 
you have met the initial compliance requirements applicable to the 
remediation material management unit in Sec. Sec.  63.7896, 63.7901, 
63.7906, 63.7911, or 63.7816.
    (2) If the remediation material managed in the affected remediation 
material managements has an average total VOHAP less than 500 ppmw 
according to Sec.  63.7886(b)(2), you have submitted as part of your 
notification of compliance status, specified in Sec.  63.7950, a signed 
statement that you have determined, according to the procedures Sec.  
63.7943, and recorded the average VOHAP concentration of the 
remediation material placed in the affected remediation material 
management unit.
    (3) If HAP emissions are controlled from the affected remediation 
material management units to meet standards in another subpart under 40 
CFR part 61 or 40 CFR part 63 according to Sec.  63.7886(b)(3), you 
have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (c)(3)(i) and (ii) of this section.
    (i) You include in your statement the citations for the specific 
emission limitations and work practice standards that apply to the 
remediation material management units under the subpart in 40 CFR part 
61 or 40 CFR part 63 that the units are also subject.
    (ii) You are complying with all applicable emissions limitations 
and work practice standards specified by the applicable subpart.
    (4) If HAP emissions are controlled from the affected remediation 
material management unit that is an open tank or surface impoundment 
used for a biological treatment process according to Sec.  
63.7886(b)(4), you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(4)(i) and (ii) of this 
section.
    (i) You have performed the measurements and prepared the 
documentation required in Sec.  63.7886(b)(4)(i) that demonstrates that 
each unit meets the applicable performance levels.
    (ii) You will monitor the biological treatment process conducted in 
each unit according the requirements in Sec.  63.7886(4)(i).
    (5) For each remediation material management unit used for cleanup 
of radioactive mixed waste and exempted according to Sec.  63.7886(c), 
you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (c)(5)(i) and (ii) of this section.
    (i) You include in your statement the citations for the specific 
requirements that apply to the remediation material management units 
under regulations, directives, and other requirements under the Atomic 
Energy Act, the Nuclear Waste Policy Act, or the Waste Isolation Pilot 
Plant Land Withdrawal Act.
    (ii) You are complying with all requirements that apply to the 
remediation material management units under the applicable regulations 
or directives.
    (6) For each remediation material management unit exempted 
according to Sec.  63.7886(d), you have submitted as part of your 
notification of compliance status, specified in Sec.  63.7950, a signed 
statement that you have met the requirements in paragraphs (c)(6)(i) 
and (ii) of this section.
    (i) You have designated according to the requirements in Sec.  
63.7886(d)(1) each of the remediation material management units you are 
selecting to be exempted.
    (ii) You have performed an initial determination and prepared the 
documentation required in Sec.  63.7886(d)(2) that demonstrates that 
the total annual HAP quantity (based on the HAP listed in Table 1 of 
this subpart) in the remediation material placed in all of the 
designated exempted remediation material management units will be less 
than 1 Mg/yr.
    (d) You must demonstrate initial compliance with the general 
standards in Sec.  63.7887 that apply to your affected equipment leak 
sources by meeting the requirements in Sec.  63.7921.

[[Page 58210]]

Sec.  63.7938  How do I demonstrate continuous compliance with the 
general standards?

    (a) You must demonstrate continuous compliance with the general 
standards in Sec. Sec.  63.7884 through 63.7887 that apply to your 
affected sources by meeting the requirements in paragraphs (b) through 
(d) of this section, as applicable to you.
    (b) You have demonstrated continuous compliance with the general 
standards in Sec.  63.7885 that apply to your affected process vents by 
meeting the requirements in paragraphs (b)(1) through (4) of this 
section, as applicable to your process vents.
    (1) If HAP emissions are controlled from the affected process vents 
according to the emission limitations and work practice standards 
specified in Sec.  63.7885(b)(1), you must demonstrate continuous 
compliance by meeting the requirements in Sec.  63.7893.
    (2) If the remediation material treated or managed by the process 
vented through the affected process vents has an average total VOHAP 
less than 10 ppmw according to Sec.  63.7885(b)(2), you must 
demonstrate continuous compliance by performing a new determination and 
preparing new documentation as required in Sec.  63.7886(c)(2) to show 
that the total VOHAP concentration of the remediation material remains 
less than 10 ppmw.
    (3) If HAP emissions are controlled from the affected process vents 
to meet standards in another subpart under 40 CFR part 61 or 40 CFR 
part 63 according to Sec.  63.7885(b)(3), you must demonstrate 
continuous compliance by complying with all applicable emissions 
limitations and work practice standards specified by the applicable 
subpart.
    (4) For each process vent exempted according to Sec.  63.7885(c), 
you must demonstrate continuous compliance by performing new 
measurements and preparing new documentation as required in Sec.  
63.7885(c)(2) that demonstrates that each exempted process vent stream 
meets the applicable exemption conditions in Sec.  63.7885(c)(1).
    (c) You must demonstrate continuous compliance with the general 
standards in Sec.  63.7886 that apply to your affected remediation 
material management units by meeting the requirements in paragraphs 
(c)(1) through (6) of this section, as applicable to your remediation 
material management units.
    (1) If the remediation material management unit uses air pollution 
controls according to the standards specified in Sec.  63.7886(b)(1), 
you must demonstrate continuous compliance by meeting the requirements 
applicable to the remediation material management unit in Sec. Sec.  
63.7898, 63.7903, 63.7908, 63.7913, or 63.7818.
    (2) If the remediation material managed in the affected remediation 
material managements has an average total VOHAP concentration less than 
500 ppmw according to Sec.  63.7886(b)(2), you must demonstrate 
continuous compliance by performing a new determination and preparing 
new documentation as required in Sec.  63.7886(c)(2) to show that the 
total VOHAP concentration of the remediation material remains less than 
500 ppmw.
    (3) If HAP emissions are controlled from the affected remediation 
material management units to meet standards in another subpart under 40 
CFR part 61 or 40 CFR part 63 according to Sec.  63.7886(b)(3), you 
must demonstrate continuous compliance by meeting all applicable 
emissions limitations and work practice standards specified by the 
applicable subpart.
    (4) If HAP emissions are controlled from the affected remediation 
material management unit that is an open tank or surface impoundment 
used for a biological treatment process according to Sec.  
63.7886(b)(4), you must demonstrate continuous compliance by meeting 
the requirements in paragraphs (c)(4)(i) and (ii) of this section.
    (i) Performing new measurements and preparing new documentation as 
required in Sec.  63.7886(4)(i) that demonstrates that each unit meets 
the applicable performance levels.
    (ii) Monitoring the biological treatment process conducted in each 
unit according the requirements in Sec.  63.7886(4)(i).
    (5) For each remediation material management unit used for cleanup 
of radioactive mixed waste and exempted according to Sec.  63.7886(c), 
you must demonstrate continuous compliance by meeting all requirements 
that apply to the remediation material management units under the 
applicable regulations or directives.
    (6) For each remediation material management unit exempted 
according to Sec.  63.7886(d), you must demonstrate continuous 
compliance by performing new measurements and preparing new 
documentation as required in Sec.  63.7886(d)(2) to show that the total 
annual HAP quantity (based on the HAP listed in Table 1 of this 
subpart) in the remediation material placed in all of the designated 
exempted remediation material management units remains less than 1 Mg/
yr.
    (d) You have demonstrated continuous compliance with the general 
standards in Sec.  63.7887 that apply to your affected equipment leak 
sources by meeting the requirements in Sec.  63.7923.

Performance Tests


Sec.  63.7940  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) You must conduct a performance test or design evaluation for 
each existing affected source within 180 calendar days after the 
compliance date that is specified in Sec.  63.7883.
    (b) For each work practice standard that applies to you where 
initial compliance is not demonstrated using a performance test or 
design evaluation, you must demonstrate initial compliance within 30 
calendar days after the compliance date that is specified in Sec.  
63.7883 for your affected source.
    (c) For new sources, you must conduct initial performance tests and 
other initial compliance demonstrations according to the provisions in 
Sec.  63.7(a)(2)(i) and (ii).


Sec.  63.7941  How do I conduct a performance test, design evaluation, 
or other type of initial compliance demonstration?

    (a) You must conduct a performance test or design evaluation to 
demonstrate initial compliance for each new or existing affected source 
that is subject to an emission limit in this subpart. You must report 
the results of the performance test or design evaluation according to 
the requirements in Sec.  63.7950(e)(1).
    (b) If you choose to conduct a performance test to demonstrate 
initial compliance, you must conduct the test according to the 
requirements in Sec.  63.7(e)(1) and paragraphs (b)(1) through (5) of 
this section.
    (1) 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.
    (2) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec.  63.7(e)(1).
    (3) You must conduct each performance test using the test methods 
and procedures in Sec.  63.694(l).
    (4) Follow the procedures in paragraphs (b)(4)(i) through (iii) of 
this section to determine compliance with the facility-wide total 
organic mass emissions rate in Sec.  63.7890(a)(1)(i).
    (i) Determine compliance with the total organic mass flow rate 
using Equation 1 of this section as follows:


[[Page 58211]]


[GRAPHIC] [TIFF OMITTED] TR08OC03.000



Where:
Eh = Total organic mass flow rate, kg/h;
Qsd = Volumetric flow rate of gases entering or exiting 
control device (or exiting the process vent if no control device is 
used), as determined by Method 2 of 40 CFR part 60, appendix A, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i 
in the vent gas, as determined by Method 18 of 40 CFR part 60, appendix 
A;
MWi = Molecular weight of organic compound i in the vent 
gas,kg/kg-mol;

    (ii) Determine compliance with the annual total organic emissions 
rate using Equation 2 of this section as follows:

[GRAPHIC] [TIFF OMITTED] TR08OC03.001


Where:
EA = Total organic mass emissions rate, kilograms per year;
Eh = Total organic mass flow rate for the process vent, kg/
h;
H = Total annual hours of operation for the affected unit, h.

    (iii) Determine compliance with the total organic emissions limit 
from all affected process vents at the facility by summing the total 
hourly organic mass emissions rates (Eh as determined in 
Equation 1 of this section) and summing the total annual organic mass 
emissions rates (EA, as determined in Equation 2 of this 
section) for all affected process vents at the facility.
    (5) Determine compliance with the 95 percent reduction limit in 
Sec.  63.7890(a)(2)(i) for the combination of all affected process 
vents at the facility using Equations 3 and 4 of this section to 
calculate control device inlet and outlet concentrations and Equation 5 
of this section to calculate control device emission reductions for 
process vents as follows:

[GRAPHIC] [TIFF OMITTED] TR08OC03.002

[GRAPHIC] [TIFF OMITTED] TR08OC03.003



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

[GRAPHIC] [TIFF OMITTED] TR08OC03.004


Where:

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

    (c) If you use a carbon adsorption system, condenser, vapor 
incinerator, boiler, or process heater to meet an emission limit in 
this subpart, you may choose to perform a design evaluation to 
demonstrate initial compliance instead of a performance test. You must 
perform a design evaluation according to the general requirements in 
Sec.  63.693(b)(8) and the specific requirements in Sec.  
63.694(d)(2)(ii) for a carbon adsorption system (including establishing 
carbon replacement schedules and associated requirements), Sec.  
63.694(e)(2)(ii) for a condenser, Sec.  63.694(f)(2)(ii) for a vapor 
incinerator, or Sec.  63.694(g)(2)(i)(B) for a boiler or process 
heater.
    (d) During the performance test or design evaluation, you must 
collect the appropriate operating parameter monitoring system data, 
average the operating parameter data over each test run, and set 
operating limits, whether a minimum or maximum value, based on the 
average of values for each of the three test runs. If you use a control 
device design analysis to demonstrate control device performance, then 
the minimum or maximum operating parameter value must be established 
based on the control device design analysis and supplemented, as 
necessary, by the control device manufacturer recommendations or other 
applicable information.
    (e) If you control air emissions from an affected source by 
introducing the vent stream into the flame zone of a boiler or process 
heater according to the requirements in Sec.  63.693(g)(1)(iii), you 
must conduct a performance test or design evaluation to demonstrate 
that the boiler or process heater meets the applicable emission limit 
while operating at a residence time of 0.5 seconds or greater and at a 
combustion zone temperature of 760[deg]C or higher.
    (f) You must conduct a performance evaluation for each continuous 
monitoring system according to the requirements in Sec.  63.8(e).
    (g) If you are required to conduct a visual inspection of an 
affected source, you must conduct the inspection according to the 
procedures in Sec.  63.906(a)(1) for Tank Level 1 controls, Sec.  
63.1063(d) for Tank Level 2 controls, Sec.  63.946(a) for a surface 
impoundment equipped with a floating membrane

[[Page 58212]]

cover, Sec.  63.946(b) for a surface impoundment equipped with a cover 
and vented to a control device, Sec.  63.1047(a) for a separator with a 
fixed roof, Sec.  63.1047(c) for a separator equipped with a fixed roof 
and vented to a control device, Sec.  63.695(c)(1)(i) or (c)(2)(i) for 
a closed vent system, and Sec.  63.964(a) for individual drain systems.
    (h) If you use Container Level 1 controls, you must conduct a test 
to demonstrate that the container operates with no detectable organic 
emissions using Method 21 (40 CFR part 60, appendix A) and the 
procedures in Sec.  63.925(a).
    (i) If you use Container Level 2 controls, you must conduct a test 
to demonstrate that the container operates with no detectable organic 
emissions or that the container is vapor-tight. You must conduct the 
test using Method 21 (40 CFR part 60, appendix A) and the procedures in 
Sec.  63.925(a) to demonstrate that the container operates with no 
detectable organic emissions or Method 27 (40 CFR part 60, appendix A) 
and the procedures in Sec.  63.925(b) to demonstrate that the container 
is vapor-tight.
    (j) If you locate an affected source inside a permanent total 
enclosure that is vented to a control device, you must demonstrate that 
the enclosure meets the verification criteria in section 5 of Procedure 
T in 40 CFR 52.741, appendix B.
    (k) If you use a fixed roof or a floating roof to control air 
emissions from a separator, you must conduct a test to demonstrate that 
the roof operates with no detectable organic emissions using Method 21 
(40 CFR part 60, appendix A) and the procedures in Sec.  63.1046(a). If 
you use a floating roof, you also must measure the seal gaps according 
to the procedures in Sec.  63.1046(b).
    (l) If you use a flare to control air emissions, you must conduct a 
visible emissions test using Method 22 in 40 CFR part 60, appendix A, 
and the procedures in Sec.  63.11(b)(4).
    (m) For each initial compliance demonstration that requires a 
performance test or design evaluation, you must report the results in 
your notification of compliance status according to the requirements in 
Sec.  63.7950(e)(1). For each initial compliance demonstration that 
does not require a performance test or design evaluation, you must 
submit a notification of compliance status according to the 
requirements in Sec.  63.7950(e)(2).


Sec.  63.7942  When must I conduct subsequent performance tests?

    For non-flare control devices, you must conduct performance tests 
at any time the EPA requires you to according to Sec.  63.7(3).


Sec.  63.7943  How do I determine the average VOHAP concentration of my 
remediation material?

    (a) General requirements. You must determine the average total 
VOHAP concentration of a remediation material at the point-of-
extraction using either direct measurement as specified in paragraph 
(b) of this section or by knowledge as specified in paragraph (c) of 
this section.
    (b) Direct measurement. To determine the average total VOHAP 
concentration of a remediation material at the point-of-extraction 
using direct measurement, you must use the procedures in paragraphs 
(b)(1) through (3) of this section.
    (1) Sampling. Samples of each material stream must be collected at 
the point-of-extraction in a manner such that volatilization of 
organics contained in the sample is minimized and an adequately 
representative sample is collected and maintained for analysis by the 
selected method.
    (i) The averaging period to be used for determining the average 
total VOHAP concentration for the material stream on a mass-weighted 
average basis must be designated and recorded. The averaging period can 
represent any time interval that you determine is appropriate for the 
material stream but must not exceed 1 year. For streams that are 
combined, an averaging period representative for all streams must be 
selected.
    (ii) No less than four samples must be collected to represent the 
complete range of HAP compositions and HAP quantities that occur in 
each material stream during the entire averaging period due to normal 
variations in the material stream(s). Examples of such normal 
variations are variation of the HAP concentration within a 
contamination area.
    (iii) All samples must be collected and handled according to 
written procedures you prepare and document in a site sampling plan. 
This plan must describe the procedure by which representative samples 
of the material stream(s) are collected such that a minimum loss of 
organics occurs throughout the sample collection and handling process 
and by which sample integrity is maintained. A copy of the written 
sampling plan must be maintained on site in the facility operating 
records. An example of an acceptable sampling plan includes a plan 
incorporating sample collection and handling procedures according to 
the guidance found in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846 or Method 25D 
in 40 CFR part 60, appendix A.
    (2) Analysis. Each collected sample must be prepared and analyzed 
according to either one of the methods listed in Sec.  
63.694(b)(2)(ii), or any current EPA Contracts Lab Program method (or 
future revisions) capable of identifying all the HAP in Table 1 of this 
subpart.
    (3) Calculations. The average total VOHAP concentration (C) on a 
mass-weighted basis must be calculated by using the results for all 
samples analyzed according to paragraph (c)(2) of this section and 
Equation 1 of this section as follows:

[GRAPHIC] [TIFF OMITTED] TR08OC03.005



Where:

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


    (c) Knowledge of the material. To determine the average total VOHAP 
concentration of a remediation material at the point-of-extraction 
using knowledge, you must use the procedures in paragraphs (c)(1) 
through (3) of this section.
    (1) Documentation must be prepared that presents the information 
used as the basis for your knowledge of the material stream's average 
VOHAP concentration. Examples of information that may be used as the 
basis for knowledge include: material balances for the source(s) 
generating each material stream; species-specific chemical test data 
for the material stream from previous testing that are still applicable 
to the current material stream; test data for material from the 
contamination area(s) being remediated.
    (2) If test data are used as the basis for knowledge, then you must 
document

[[Page 58213]]

the test method, sampling protocol, and the means by which sampling 
variability and analytical variability are accounted for in the 
determination of the average VOHAP concentration. For example, you may 
use HAP concentration test data for the material stream that are 
validated according to Method 301 in 40 CFR part 63, appendix A as the 
basis for knowledge of the material. This information must be provided 
for each material stream where streams are combined.
    (3) If you use species-specific chemical concentration test data as 
the basis for knowledge of the material, you may adjust the test data 
to the corresponding average VOHAP concentration value which would be 
obtained had the material samples been analyzed using Method 305. To 
adjust these data, the measured concentration for each individual HAP 
chemical species contained in the material is multiplied by the 
appropriate species-specific adjustment factor (fm305) 
listed in Table 1 of this subpart.
    (d) In the event that you and us disagree on a determination using 
knowledge of the average total VOHAP concentration for a remediation 
material, then the results from a determination of VOHAP concentration 
using direct measurement by Method 305 in 40 CFR part 60 appendix A, as 
specified in paragraph (b) of this section, will be used to determine 
compliance with the applicable requirements of this subpart. We may 
perform or request that you perform this determination using direct 
measurement.


Sec.  63.7944  How do I determine the maximum HAP vapor pressure of my 
remediation material?

    (a) You must determine the maximum HAP vapor pressure of your 
remediation material using either direct measurement as specified in 
paragraph (b) of this section or by knowledge as specified in paragraph 
(c) of this section.
    (b) Direct measurement to determine the maximum HAP vapor pressure.
    (1) Sampling. A sufficient number of samples must be collected to 
be representative of the remediation material contained in the tank. 
All samples must be collected and handled according to written 
procedures prepared by you and documented in a site sampling plan. This 
plan must describe the procedure by which representative samples of the 
remediation material are collected such that a minimum loss of organics 
occurs throughout the sample collection and handling process and by 
which sample integrity is maintained. A copy of the written sampling 
plan must be maintained on site in the facility site operating records. 
An example of an acceptable sampling plan includes a plan incorporating 
sample collection and handling procedures according to the guidance 
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, 
appendix A.
    (2) Analysis. Any one of the following methods may be used to 
analyze the samples and compute the maximum HAP vapor pressure of the 
remediation material:
    (i) Method 25E in 40 CFR part 60 appendix A;
    (ii) Methods described in American Petroleum Institute Bulletin 
2517, ``Evaporation Loss from External Floating Roof Tanks,'';
    (iii) Methods obtained from standard reference texts;
    (iv) ASTM Method 2879-83; or
    (v) Any other method approved by the Administrator.
    (c) Use of knowledge to determine the maximum HAP vapor pressure. 
Documentation must be prepared and recorded that presents the 
information used as the basis for your knowledge that the maximum HAP 
vapor pressure of the remediation material is less than the maximum 
vapor pressure limit listed in Table 2 of this subpart for the 
applicable tank design capacity category.
    (d) In the event that you and us disagree on a determination using 
knowledge of the maximum HAP vapor pressure of the remediation 
material, then the results from a determination of maximum HAP vapor 
pressure using direct measurement by Method 25E in 40 CFR part 60 
appendix A, as specified in paragraph (b) of this section, will be used 
to determine compliance with the applicable requirements of this 
subpart. We may perform or request that you perform this determination 
using direct measurement.

Continuous Monitoring Systems


Sec.  63.7945  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) Each CPMS must meet the requirements in paragraphs (a)(1) 
through (4) of this section.
    (1) Complete a minimum of one cycle of operation for each 
successive 15-minute period.
    (2) To calculate a valid hourly value, you must have at least three 
of four equally spaced data values (or at least two, if that condition 
is included to allow for periodic calibration checks) for that hour 
from a CPMS that is not out of control according to the monitoring plan 
referenced in Sec.  63.7935.
    (3) To calculate the average emissions for each averaging period, 
you must have at least 75 percent of the hourly averages for that 
period using only block hourly average values that are based on valid 
data (i.e., not from out-of-control periods).
    (4) Unless otherwise specified, each CPMS must determine the hourly 
average of all recorded readings and daily average, if required.
    (b) You must record the results of each inspection, calibration, 
and validation check.
    (c) You must conduct a performance evaluation for each CPMS 
according to the requirements in Sec.  63.8(e) and your site-specific 
monitoring plan.


Sec.  63.7946  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section and 
your site-specific monitoring plan required in Sec.  63.7935.
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out of control periods and required quality 
assurance or control activities in data averages and calculations used 
to report emissions or operating levels, nor may such data be used in 
fulfilling a minimum data availability requirement, if applicable. You 
must use all the data collected during all other periods in assessing 
the operation of the control device and associated control system.


Sec.  63.7947  What are my monitoring alternatives?

    (a) As an alternative to the parametric monitoring required in this 
subpart, you may install, calibrate, and operate a continuous emission 
monitoring system (CEMS) to measure the control device outlet total 
organic emissions or organic HAP emissions concentration.
    (1) The CEMS used on combustion control devices must include a 
diluent gas monitoring system (for O2 or CO2) 
with the pollutant monitoring system in order to correct for dilution 
(e.g., to 0 percent excess air).
    (2) Each CEMS must complete a minimum of one cycle of operation

[[Page 58214]]

(sampling, analyzing, and data recording) for each successive 15-minute 
period. Data must be reduced as specified in Sec.  63.8(g)(2).
    (3) You must conduct a performance evaluation of the CEMS according 
to the requirements in Sec.  63.8 and Performance Specification 8 (for 
a total organic emissions CEMS) or Performance Specification 9 (for a 
HAP emissions CEMS) and Performance Specification 3 (for an 
O2 or CO2 CEMS) of 40 CFR part 60, appendix B. 
The relative accuracy provision of Performance Specification 8, 
sections 2.4 and 3 need not be conducted.
    (4) You must prepare a site-specific monitoring plan for operating, 
calibrating, and verifying the operation of your CEMS according to the 
requirements in Sec. Sec.  63.8(c), (d), and (e).
    (5) You must establish the emissions concentration operating limit 
according to paragraphs (a)(5)(i) and (ii) of this section.
    (i) During the performance test, you must monitor and record the 
total organic or HAP emissions concentration at least once every 15 
minutes during each of the three test runs.
    (ii) Use the data collected during the performance test to 
calculate and record the average total organic or HAP emissions 
concentration maintained during the performance test. The average total 
organic or HAP emissions concentration, corrected for dilution as 
appropriate, is the maximum operating limit for your control device.
    (b) You must maintain the daily (24-hour) average total organic or 
HAP emissions concentration in the exhaust vent stream of the control 
device outlet less than or equal to the site-specific operating limit 
established during the performance test.

Notification, Reports, and Records


Sec.  63.7950  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.7(b) 
and (c), 63.8(e), 63.8(f)(4) and (6), and 63.9(b) through (h) that 
apply to you.
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before October 8, 2003, you must submit an Initial Notification 
not later than 120 calendar days after October 8, 2003.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after October 8, 2003, you must 
submit an Initial Notification no later than 120 calendar days after 
initial startup.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec.  63.7(b)(1).
    (e) If you are required to conduct a performance test, design 
evaluation, or other initial compliance demonstration, you must submit 
a Notification of Compliance Status according to Sec.  63.9(h)(2)(ii).
    (1) For each initial compliance demonstration that includes a 
performance test or design evaluation, 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). You must submit 
the complete design evaluation and supporting documentation.
    (2) For each initial compliance demonstration that does not include 
a performance test, you must submit the Notification of Compliance 
Status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration.
    (f) You must provide written notification to the Administrator of 
the alternative standard selected under Sec.  63.1006(b)(5) or (6) 
before implementing either of the provisions.


Sec.  63.7951  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the requirements 
specified in paragraphs (a)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.7883 and ending on June 30 or December 31, whichever date comes 
first after the compliance date that is specified for your affected 
source.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance report is due.
    (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 comes 
first after 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 specified in paragraphs (a)(1) through (4) of this 
section.
    (b) Compliance report contents. Each compliance report must include 
the information specified in paragraphs (b)(1) through (3) of this 
section and, as applicable, paragraphs (b)(4) through (9) of this 
section.
    (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 action consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec.  63.10(d)(5)(i).
    (5) If there were no deviations from any emissions limitations 
(including operating limit), work practice standards, or operation and 
maintenance requirements, a statement that there were no deviations 
from the emissions limitations, work practice standards, or operation 
and maintenance requirements during the reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including a CPMS or CEMS) was out-of-control as specified by 
Sec.  63.8(c)(7), a statement that there were no periods during which 
the CPMS was out-of-control during the reporting period.
    (7) For each deviation from an emissions limitation (including an 
operating limit) that occurs at an affected source for which you are 
not using a continuous monitoring system (including a CPMS or CEMS) to 
comply with an emissions limitation or work practice standard required 
in this subpart, the compliance report must contain the information 
specified in paragraphs (b)(1) through (4) and (b)(7)(i) and (ii) of 
this section. This requirement includes periods of startup, shutdown, 
and malfunction.
    (i) The total operating time of each affected source during the 
reporting period.

[[Page 58215]]

    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause) as applicable and the corrective action 
taken.
    (8) For each deviation from an emissions limitation (including an 
operating limit) or work practice standard occurring at an affected 
source where you are using a continuous monitoring system (including a 
CPMS or CEMS) to comply with the emissions limitations or work practice 
standard in this subpart, you must include the information specified in 
paragraphs (b)(1) through (4) and (b)(8)(i) through (xi) of this 
section. This requirement includes periods of startup, shutdown, and 
malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring system was 
inoperative, except for zero (low-level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system was out-of-control, including the information in Sec.  
63.8(c)(8).
    (iv) 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.
    (v) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percent of the total 
source operating time during that reporting period.
    (vi) 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 unknown 
causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the continuous monitoring system.
    (x) The date of the latest continuous monitoring system 
certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (9) You must include the information on equipment leaks required in 
periodic reports by Sec.  63.1018(a) or Sec.  63.1039(b).
    (c) Immediate startup, shutdown, and malfunction report. If you had 
a startup, shutdown, or malfunction during the semiannual reporting 
period that was not consistent with your startup, shutdown, and 
malfunction plan, you must submit an immediate startup, shutdown, and 
malfunction report according to the requirements of Sec.  
63.10(d)(5)(ii) .
    (d) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 
40 CFR part 71, you 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 you submit a 
compliance report for an affected source 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 the 
required information concerning deviations from any emissions 
limitation or operation and maintenance requirement in this subpart, 
submission of the compliance report satisfies any obligation to report 
the same deviations in the semiannual monitoring report. However, 
submission of a compliance report does not otherwise affect any 
obligation you may have to report deviations from permit requirements 
for an affected source to your permitting authority.


Sec.  63.7952  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) 
through (4) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec.  63.10(b)(1) and 
(b)(2)(xiv).
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startups, shutdowns, and malfunctions.
    (3) Results of performance tests and performance evaluations as 
required by Sec.  63.10(b)(2)(viii).
    (4) The records of initial and ongoing determinations for affected 
sources that are exempt from control requirements under this subpart.
    (b) For each continuous monitoring system, you must keep the 
records as described in paragraphs (b)(1) and (2) of this section.
    (1) Records described in Sec.  63.10(b)(2)(vi) through (xi) that 
apply to your continuous monitoring system.
    (2) Performance evaluation plans, including previous (i.e., 
superseded) versions of the plan as required in Sec.  63.8(d)(3).
    (c) You must keep the records required by this subpart to show 
continuous compliance with each emissions limitation, work practice 
standard, and operation and maintenance requirement that applies to 
you.
    (d) You must record, on a semiannual basis, the information in 
Sec.  63.696(g) for planned routine maintenance of a control device for 
emissions from process vents.


Sec.  63.7953  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep your files of 
all information (including all reports and notifications) for 5 years 
following the date of each occurrence, measurement, maintenance, action 
taken to correct the cause of a deviation, report, or record.
    (c) You must keep each record on site for at least 2 years after 
the date of each occurrence, measurement, maintenance, corrective 
action, report, or record, according to Sec.  63.10(b)(1). You can keep 
the records off-site for the remaining 3 years.
    (d) If, after the remediation activity is completed, there is no 
other remediation activity at the facility, and you are no longer the 
owner of the facility, you may keep all records for the completed 
remediation activity at an off-site location provided you notify the 
Administrator in writing of the name, address and contact person for 
the off-site location.

Other Requirements and Information


Sec.  63.7955  What parts of the General Provisions apply to me?

    Table 3 of this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.


Sec.  63.7956  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the EPA, or 
a delegated authority such as your State, local, or tribal agency. If 
the EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, in addition to the EPA, has the 
authority to implement and enforce this subpart. You should contact 
your EPA Regional Office (see list in Sec.  63.13) to find out if this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the

[[Page 58216]]

Administrator of EPA and are not transferred to the State, local, or 
tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are listed in paragraphs (a)(1) through (4) of this 
section.
    (1) Approval of alternatives to the non-opacity emissions 
limitations and work practice standards in this subpart under Sec.  
63.6(g).
    (2) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.


Sec.  63.7957  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec.  63.2, 
and in this section. If a term is defined both in this section and in 
another subpart cross-referenced by this subpart, then the term will 
have the meaning given in this section for purposes of this subpart.
    Boiler means an enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    Closed vent system means a system that is not open to the 
atmosphere and is composed of hard-piping, ductwork, connections, and, 
if necessary, fans, blowers, or other flow-inducing device that conveys 
gas or vapor from an emissions point to a control device.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air pollutant emissions to the 
atmosphere by blocking an opening in a cover when the device is secured 
in the closed position. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually 
operated (e.g., a hinged access lid or hatch), or automatically 
operated (e.g., a spring-loaded pressure relief valve).
    Container means a portable unit used to hold material. Examples of 
containers include, but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as portable tanks or totes, 
cargo tank trucks, dump trucks, and rail cars. For the purpose of this 
subpart, a front-end loader, excavator, backhoe, or other type of self-
propelled excavation equipment is not a container.
    Continuous record means documentation of data values measured at 
least once every 15 minutes and recorded at the frequency specified in 
this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minutes or more frequent block averages.
    Control device means equipment used recovering, removing, 
oxidizing, or destroying organic vapors. Examples of such equipment 
include but are not limited to carbon adsorbers, condensers, vapor 
incinerators, flares, boilers, and process heaters.
    Cover means a device that prevents or reduces air pollutant 
emissions to the atmosphere by forming a continuous barrier over the 
remediation material managed in a unit. A cover may have openings (such 
as access hatches, sampling ports, gauge wells) that are necessary for 
operation, inspection, maintenance, and repair of the unit on which the 
cover is used. A cover may be a separate piece of equipment which can 
be detached and removed from the unit (such as a tarp) or a cover may 
be formed by structural features permanently integrated into the design 
of the unit.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emissions limitation 
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emissions limitation,(including any operating 
limit), or work practice standard in this subpart during startup, 
shutdown, or malfunction, regardless or whether or not such failure is 
permitted by this subpart.
    Emissions limitation means any emissions limit, opacity limit, 
operating limit, or visible emissions limit.
    Emissions point means an individual tank, surface impoundment, 
container, oil-water, organic-water separator, transfer system, vent, 
or enclosure.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapor through a closed vent system to a control device.
    Equipment means each pump, pressure relief device, sampling 
connection system, valve, and connector used in remediation material 
service at a facility.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a tank with no fixed roof.
    Facility means all contiguous or adjoining property that is under 
common control including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof. A unit or group of units within 
a contiguous property that are not under common control (e.g., a 
wastewater treatment unit located at the facility but is owned by a 
different company) is a different facility.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the liquid being contained, and is equipped with a 
continuous seal.
    Flow indicator means a device that indicates whether gas is 
flowing, or whether the valve position would allow gas to flow in a 
bypass line.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed according to relevant standards and good engineering 
practices.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a remediation material management 
unit or to discharge or disposal. The term includes hard-piping, all 
drains and junction boxes, together with their associated sewer lines 
and other junction boxes (e.g., manholes, sumps, and lift stations) 
conveying wastewater streams or residuals. For the purpose of this 
subpart, an individual drain system is not a drain and collection 
system that is designed and operated for the sole purpose of collecting 
rainfall runoff (e.g., stormwater sewer system) and is segregated from 
all other individual drain systems.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it inside 
a tank that has a fixed roof).
    Maximum HAP vapor pressure means the sum of the individual HAP 
equilibrium partial pressure exerted by

[[Page 58217]]

remediation material at the temperature equal to either: the monthly 
average temperature as reported by the National Weather Service when 
the remediation material is stored or treated at ambient temperature; 
or the highest calendar-month average temperature of the remediation 
material when the remediation material is stored at temperatures above 
the ambient temperature or when the remediation material is stored or 
treated at temperatures below the ambient temperature. For the purpose 
of this subpart, maximum HAP vapor pressure is determined using the 
procedures specified in Sec.  63.7944.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec.  
63.694(k).
    Oil-water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Operating parameter value means a minimum or maximum value 
established for a control device or treatment process parameter which, 
if achieved by itself or in combination with one or more other 
operating parameter values, determines that an owner or operator has 
complied with an applicable emissions limitation or standard.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Point-of-extraction means a point above ground where you can 
collect samples of a remediation material before or at the first point 
where organic constituents in the material have the potential to 
volatilize and be released to the atmosphere and before placing the 
material in a remediation material management unit or treatment 
process. For the purpose this subpart, the first point where the 
organic constituents in the remediation material have the potential to 
volatilize and be released to the atmosphere is not a fugitive 
emissions point due to an equipment leak from any of the following 
equipment components: pumps, compressors, valves, connectors, 
instrumentation systems, or safety devices.
    Process heater means an enclosed combustion device that transfers 
heat released by burning fuel directly to process streams or to heat 
transfer liquids other than water.
    Process vent means any open-ended pipe, stack, duct, or other 
opening intended to allow the passage of gases, vapors, or fumes to the 
atmosphere and this passage is caused by mechanical means (such as 
compressors, vacuum-producing systems or fans) or by process-related 
means (such as volatilization produced by heating). For the purposes of 
this subpart, a process vent is neither a safety device (as defined in 
this section) nor a stack, duct or other opening used to exhaust 
combustion products from a boiler, furnace, heater, incinerator, or 
other combustion device.
    Radioactive mixed waste means a material that contains both 
hazardous waste subject to RCRA and source, special nuclear, or by-
product material subject to the Atomic Energy Act of 1954.
    Remediation material means a material that contains one or more of 
the HAP listed in Table 1 of this subpart, and this material is one of 
the following:
    (1) A material found in naturally occurring media such as soil, 
groundwater, surface water, sediments, or a mixture of such materials 
with liquids, sludges, or solids which is inseparable by simple 
mechanical removal processes and is made up primarily of media. This 
material does not include debris as defined in 40 CFR 268.2.
    (2) A material found in intact or substantially intact containers, 
tanks, storage piles, or other storage units that requires clean up 
because this material poses a reasonable potential threat to 
contaminating media. Examples of these materials include, but are not 
limited to, solvents, oils, paints, and other volatile or semi-volatile 
organic liquids found in buried drums, cans, or other containers; 
gasoline, fuel oil, or other fuels in leaking underground storage 
tanks; and solid materials containing volatile or semi-volatile 
organics in unused or abandoned piles. Remediation material is not a 
waste or residue generated by routine equipment maintenance activities 
performed at a facility such as, but not limited to, tank bottoms and 
sludges removed during tank cleanouts; sludges and sediments removed 
from active wastewater treatment tanks, surface impoundments, or 
lagoons; spent catalyst removed from process equipment; residues 
removed from air pollution control equipment; and debris removed during 
heat exchanger and pipeline cleanouts.
    Remediation material management unit means a tank, container, 
surface impoundment, oil-water separator, organic-water separator, or 
transfer system used to remove, destroy, degrade, transform, 
immobilize, or otherwise manage remediation material.
    Remediation material service means any time when a pump, 
compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, connector, or instrumentation 
system contains or contacts remediation material.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions to prevent physical damage or permanent deformation to 
equipment by venting gases or vapors during unsafe conditions resulting 
from an unplanned, accidental, or emergency event. For the purpose of 
this Subpart, a safety device is not used for routine venting of gases 
or vapors from the vapor headspace underneath a cover such as during 
filling of the unit or to adjust the pressure in this vapor headspace 
in response to normal daily diurnal ambient temperature fluctuations. A 
safety device is designed to remain in a closed position during normal 
operations and open only when the internal pressure, or another 
relevant parameter, exceeds the device threshold setting applicable to 
the equipment as determined by the owner or operator based on 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or 
other requirements for the safe handling of flammable, combustible, 
explosive, reactive, or hazardous materials.
    Separator means a remediation material management unit, generally a 
tank, used to separate oil or organics from water. A separator consists 
of not only the separation unit but also the forebay and other 
separator basins, skimmers, weirs, grit chambers, sludge hoppers, and 
bar screens that are located directly after the individual drain system 
and prior to any additional treatment units such as an air flotation 
unit clarifier or biological treatment unit. Examples of a separator 
include, but are not limited to, an API separator, parallel-plate 
interceptor, and corrugated-plate interceptor with the associated 
ancillary equipment.
    Site remediation means one or more activities or processes used to 
remove, destroy, degrade, transform, immobilize, or otherwise manage 
remediation material. The monitoring or measuring of contamination 
levels in environmental media using wells or by sampling is not 
considered to be a site remediation.
    Sludge means sludge as defined in Sec.  260.10 of this chapter.
    Soil means unconsolidated earth material composing the superficial 
geologic strata (material overlying bedrock), consisting of clay, silt, 
sand,

[[Page 58218]]

or gravel size particles (sizes as classified by the U.S. Soil 
Conservation Service), or a mixture of such materials with liquids, 
sludges, or solids which is inseparable by simple mechanical removal 
processes and is made up primarily of soil.
    Stabilization process means any physical or chemical process used 
to either reduce the mobility of contaminants in media or eliminate 
free liquids as determined by Test Method 9095--Paint Filter Liquids 
Test in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846, Third Edition, September 1986, 
as amended by Update I, November 15, 1992. (As an alternative, you may 
use any more recent, updated version of Method 9095 approved by the 
EPA). A stabilization process includes mixing remediation material with 
binders or other materials, and curing the resulting remediation 
material and binder mixture. Other synonymous terms used to refer to 
this process are fixation or solidification. A stabilization process 
does not include the adding of absorbent materials to the surface of 
remediation material, without mixing, agitation, or subsequent curing, 
to absorb free liquid.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made materials), 
which is designed to hold an accumulation of liquids. Examples of 
surface impoundments include holding, storage, settling, and aeration 
pits, ponds, and lagoons.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.
    Temperature monitoring device means a piece of equipment used to 
monitor temperature and having an accuracy of +/-1 percent of the 
temperature being monitored expressed in degrees Celsius ([deg]C) or +/
-1.2 degrees [deg]C, whichever value is greater.
    Transfer system means a stationary system for which the predominant 
function is to convey liquids or solid materials from one point to 
another point within waste management operation or recovery operation. 
For the purpose of this subpart, the conveyance of material using a 
container (as defined of this subpart) or self-propelled vehicle (e.g., 
a front-end loader) is not a transfer system. Examples of a transfer 
system include but are not limited to a pipeline, an individual drain 
system, a gravity-operated conveyor (such as a chute), and a 
mechanically-powered conveyor (such as a belt or screw conveyor).
    Treatment process means a process in which remediation material is 
physically, chemically, thermally, or biologically treated to destroy, 
degrade, or remove hazardous air pollutants contained in the material. 
A treatment process can be composed of a single unit (e.g., a steam 
stripper) or a series of units (e.g., a wastewater treatment system). A 
treatment process can be used to treat one or more remediation material 
streams at the same time.
    Volatile organic hazardous air pollutant (VOHAP) concentration 
means the fraction by weight of the HAP listed in Table 1 of this 
subpart that are contained in the remediation material as measured 
using Method 305, 40 CFR part 63, appendix A and expressed in terms of 
parts per million (ppm). As an alternative to using Method 305, 40 CFR 
part 63, appendix A, you may determine the HAP concentration of the 
remediation material using any one of the other test methods specified 
in Sec.  63.694(b)(2)(ii). When a test method specified in Sec.  
63.694(b)(2)(ii) other than Method 305 in 40 CFR part 63, appendix A is 
used to determine the speciated HAP concentration of the contaminated 
material, the individual compound concentration may be adjusted by the 
corresponding fm305 listed in Table 1 of this subpart to 
determine a VOHAP concentration.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

Tables to Subpart GGGGG of Part 63

                     Table 1 to Subpart GGGGG of Part 63.--List of Hazardous Air Pollutants.
----------------------------------------------------------------------------------------------------------------
                     CAS No.\a\                                       Compound name                      fm305
----------------------------------------------------------------------------------------------------------------
75070..............................................  Acetaldehyde...................................      1.000
75058..............................................  Acetonitrile...................................      0.989
98862..............................................  Acetophenone...................................      0.314
107028.............................................  Acrolein.......................................      1.000
107131.............................................  Acrylonitrile..................................      0.999
107051.............................................  Allyl chloride.................................      1.000
71432..............................................  Benzene (includes benzene in gasoline).........      1.000
98077..............................................  Benzotrichloride (isomers and mixture).........      0.958
100447.............................................  Benzyl chloride................................      1.000
92524..............................................  Biphenyl.......................................      0.864
542881.............................................  Bis(chloromethyl)ether\b\......................      0.999
75252..............................................  Bromoform......................................      0.998
106990.............................................  1,3-Butadiene..................................      1.000
75150..............................................  Carbon disulfide...............................      1.000
56235..............................................  Carbon Tetrachloride...........................      1.000
43581..............................................  Carbonyl sulfide...............................      1.000
133904.............................................  Chloramben.....................................      0.633
108907.............................................  Chlorobenzene..................................      1.000
67663..............................................  Chloroform.....................................      1.000
107302.............................................  Chloromethyl methyl ether\b\...................      1.000
126998.............................................  Chloroprene....................................      1.000
98828..............................................  Cumene.........................................      1.000
94757..............................................  2,4-D, salts and esters........................      0.167
334883.............................................  Diazomethane\c\................................      0.999
132649.............................................  Dibenzofurans..................................      0.967
96128..............................................  1,2-Dibromo-3-chloropropane....................      1.000
106467.............................................  1,4-Dichlorobenzene(p).........................      1.000
107062.............................................  Dichloroethane (Ethylene dichloride)...........      1.000
111444.............................................  Dichloroethyl ether (Bis(2-chloroethyl ether)).      0.757

[[Page 58219]]

 
542756.............................................  1,3-Dichloropropene............................      1.000
79447..............................................  Dimethyl carbamoyl chloride\c\.................      0.150
57147..............................................  1,1-Dimethyl hydrazine.........................  ..........
64675..............................................  Diethyl sulfate................................      0.0025
77781..............................................  Dimethyl sulfate...............................      0.086
121697.............................................  N,N-Dimethylaniline............................      0.0008
51285..............................................  2,4-Dinitrophenol..............................      0.0077
121142.............................................  2,4-Dinitrotoluene.............................      0.0848
123911.............................................  1,4-Dioxane (1,4-Diethyleneoxide)..............      0.869
106898.............................................  Epichlorohydrin (1-Chloro-2,3-epoxypropane)....      0.939
106887.............................................  1,2-Epoxybutane................................      1.000
140885.............................................  Ethyl acrylate.................................      1.000
100414.............................................  Ethyl benzene..................................      1.000
75003..............................................  Ethyl chloride (Chloroethane)..................      1.000
106934.............................................  Ethylene dibromide (Dibromoethane).............      0.999
107062.............................................  Ethylene dichloride (1,2-Dichloroethane).......      1.000
151564.............................................  Ethylene imine (Aziridine).....................      0.867
75218..............................................  Ethylene oxide.................................      1.000
75343..............................................  Ethylidene dichloride (1,1-Dichloroethane).....      1.000
                                                     Glycol ethers\d\ that have a Henry's Law         (\e\)
                                                      constant value equal to or greater than 0.1 Y/
                                                      X(1.8 x 10-6 atm/gm-mole/m\3\) at 25[deg] C.
118741.............................................  Hexachlorobenzene..............................      0.97
87683..............................................  Hexachlorobutadiene............................      0.88
67721..............................................  Hexachloroethane...............................      0.499
110543.............................................  Hexane.........................................      1.000
78591..............................................  Isophorone.....................................      0.506
58899..............................................  Lindane (all isomers)..........................      1.000
67561..............................................  Methanol.......................................      0.855
74839..............................................  Methyl bromide (Bromomethane)..................      1.000
74873..............................................  Methyl chloride (Chloromethane)................      1.000
71556..............................................  Methyl chloroform (1,1,1-Trichloroethane)......      1.000
78933..............................................  Methyl ethyl ketone (2-Butanone)...............      0.990
74884..............................................  Methyl iodide (Iodomethane)....................      1.000
108101.............................................  Methyl isobutyl ketone (Hexone)................      0.979
624839.............................................  Methyl isocyanate..............................      1.000
80626..............................................  Methyl methacrylate............................      0.999
1634044............................................  Methyl tert butyl ether........................      1.000
75092..............................................  Methylene chloride (Dichloromethane)...........      1.000
91203..............................................  Naphthalene....................................      0.994
98953..............................................  Nitrobenzene...................................      0.394
79469..............................................  2-Nitropropane.................................      0.989
82688..............................................  Pentachloronitrobenzene (Quintobenzene)........      0.839
87865..............................................  Pentachlorophenol..............................      0.0898
75445..............................................  Phosgene\c\....................................      1.000
123386.............................................  Propionaldehyde................................      0.999
78875..............................................  Propylene dichloride (1,2-Dichloropropane).....      1.000
75569..............................................  Propylene oxide................................      1.000
75558..............................................  1,2-Propylenimine (2-Methyl aziridine).........      0.945
100425.............................................  Styrene........................................      1.000
96093..............................................  Styrene oxide..................................      0.830
79345..............................................  1,1,2,2-Tetrachloroethane......................      0.999
127184.............................................  Tetrachloroethylene (Perchloroethylene)........      1.000
108883.............................................  Toluene........................................      1.000
95534..............................................  o-Toluidine....................................      0.152
120821.............................................  1,2,4-Trichlorobenzene.........................      1.000
71556..............................................  1,1,1-Trichloroethane (Methyl chloroform)......      1.000
79005..............................................  1,1,2-Trichloroethane (Vinyl trichloride)......      1.000
79016..............................................  Trichloroethylene..............................      1.000
95954..............................................  2,4,5-Trichlorophenol..........................      0.108
88062..............................................  2,4,6-Trichlorophenol..........................      0.132
121448.............................................  Triethylamine..................................      1.000
540841.............................................  2,2,4-Trimethylpentane.........................      1.000
108054.............................................  Vinyl acetate..................................      1.000
593602.............................................  Vinyl bromide..................................      1.000
75014..............................................  Vinyl chloride.................................      1.000
75354..............................................  Vinylidene chloride (1,1-Dichloroethylene).....      1.000
1330207............................................  Xylenes (isomers and mixture)..................      1.000
95476..............................................  o-Xylenes......................................      1.000
108383.............................................  m-Xylenes......................................      1.000
106423.............................................  p-Xylenes......................................      1.000
----------------------------------------------------------------------------------------------------------------
Notes:

[[Page 58220]]

 
1. fm305 = Fraction measure factor in Method 305, 40 CFR part 63, appendix A.
\a\ CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds,
  isomers, or mixtures of compounds.
\b\ Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals.
\c\ Denotes a HAP that may react violently with water.
\d\ Denotes a HAP that hydrolyzes slowly in water.
\e\ The fm305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and
  Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.


Table 2 to Subpart GGGGG of Part 63.--Control Levels as Required by Sec.
   63.7895(a) for Tanks Managing Remediation Material With a Maximum HAP
                    Vapor Pressure Less Than 76.6 kPa
------------------------------------------------------------------------
                               And the maximum HAP
                                vapor pressure of
If your tank design capacity     the remediation     Then your tank must
          is . . .             material placed in         use . . .
                               your tank  is . . .
------------------------------------------------------------------------
1. Less than 38 m\3\........  Less than 76.6 kPa..  Tank Level 1
                                                     controls under Sec.
                                                       63.7895(b).
2. At least 38 m\3\ but less  Less than 13.1 kPa..  Tank Level 1
 than 151 m\3\.                                      controls under Sec.
                                                       63.7895(b).
3. 151 m\3\ or greater......  Less than 0.7 kPa...  Tank Level 1
                                                     controls under Sec.
                                                       63.7895(b).
4. at least 38 m\3\ but less  13.1 kPa or greater.  Tank Level 2
 than 151 m\3\.                                      controls under Sec.
                                                       63.7895(c).
5. 151 m\3\ or greater......  0.7 kPa or greater..  Tank Level 2
                                                     controls under Sec.
                                                       63.7895(c)
------------------------------------------------------------------------

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

           Table 3 to Subpart GGGGG of Part 63.--Applicability of General Provisions to Subpart GGGGG
----------------------------------------------------------------------------------------------------------------
           Citation                      Subject             Brief description        Applies to subpart GGGGG
----------------------------------------------------------------------------------------------------------------
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  Yes.
                                                           for part 63 standards.
Sec.   63.4...................  Prohibited Activities...  Prohibited Activities;   Yes.
                                                           Compliance date;
                                                           Circumvention,
                                                           Severability.
Sec.   63.5...................  Construction/             Applicability;           Yes.
                                 Reconstruction.           applications;
                                                           approvals.
Sec.   63.6(a)................  Applicability...........  General Provisions (GP)  Yes.
                                                           apply unless
                                                           compliance extension
                                                           GP apply to area
                                                           sources that become
                                                           major.
Sec.   63.6(b)(1)-(4).........  Compliance Dates for New  Standards apply at       Yes.
                                 and Reconstructed         effective date; 3
                                 sources.                  years after effective
                                                           date; upon startup; 10
                                                           years after
                                                           construction or
                                                           reconstruction
                                                           commences for 112(f).
Sec.   63.6(b)(5).............  Notification............  Must notify if           Yes.
                                                           commenced construction
                                                           or reconstruction
                                                           after proposal.
Sec.   63.6(b)(6).............  [Reserved]..............  .......................  .............................
Sec.   63.6(b)(7).............  Compliance Dates for New  Area sources that        Yes.
                                 and Reconstructed Area    become major must
                                 Sources That Become       comply with 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      Comply according to      Yes.
                                 Existing Sources.         date in subpart, which
                                                           must be no later than
                                                           3 years after
                                                           effective date. For
                                                           112(f) standards,
                                                           comply within 90 days
                                                           of effective date
                                                           unless compliance
                                                           extension.
Sec.   63.6(c)(3)-(4).........  [Reserved]..............  .......................  .............................
Sec.   63.6(c)(5).............  Compliance Dates for      Area sources that        Yes.
                                 Existing Area Sources     become major must
                                 That Become Major.        comply with major
                                                           source standards by
                                                           date indicated in
                                                           subpart or by
                                                           equivalent time period
                                                           (for example, 3 years).
Sec.   63.6(d)................  [Reserved]..............  .......................  .............................
Sec.   63.6(e)(1)-(2).........  Operation & Maintenance.  Operate to minimize      Yes.
                                                           emissions at all
                                                           times. Correct
                                                           malfunctions as soon
                                                           as practicable.
                                                           Operation and
                                                           maintenance
                                                           requirements
                                                           independently
                                                           enforceable;
                                                           information
                                                           Administrator will use
                                                           to determine if
                                                           operation and
                                                           maintenance
                                                           requirements were met.
Sec.   63.6(e)(3).............  Startup, Shutdown, and    Requirement for          Yes with the exception of
                                 Malfunction Plan (SSMP).  startup, shutdown and    containers using either
                                                           malfunction (SSM) and    Level 1 or Level 2 controls.
                                                           SSMP. Content of SSMP.

[[Page 58221]]

 
Sec.   63.6(f)(1).............  Compliance Except During  You must comply with     Yes.
                                 SSM.                      emissions 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 Standard....  Procedures for getting   Yes.
                                                           an alternative
                                                           standard.
Sec.   63.6(h)................  Opacity/Visible           Requirements for         No. No opacity standards.
                                 Emissions (VE)            opacity and visible
                                 Standards.                emissions limits.
Sec.   63.6(i)(1)-(14)........  Compliance Extension....  Procedures and criteria  Yes.
                                                           for Administrator to
                                                           grant compliance
                                                           extension.
Sec.   63.6(j)................  Presidential Compliance   President may exempt     Yes.
                                 Exemption.                source category from
                                                           requirement to comply
                                                           with final rule.
Sec.   63.7(a)(1)-(2).........  Performance Test Dates..  Dates for Conducting     Yes.
                                                           Initial Performance
                                                           Testing and Other
                                                           Compliance
                                                           Demonstrations. Must
                                                           conduct 180 days after
                                                           first subject to final
                                                           rule.
Sec.   63.7(a)(3).............  CAA Section 114           Administrator may        Yes.
                                 Authority.                require a performance
                                                           test under CAA section
                                                           114 at any time.
Sec.   63.7(b)(1).............  Notification of           Must notify              Yes.
                                 Performance Test.         Administrator 60 days
                                                           before the test.
Sec.   63.7(b)(2).............  Notification of           If rescheduling a        Yes.
                                 Rescheduling.             performance test is
                                                           necessary, must notify
                                                           Administrator 5 days
                                                           before scheduled date
                                                           of rescheduled date.
Sec.   63.7(c)................  Quality Assurance/Test    Requirement to submit
                                 Plan.                     site-specific test
                                                           plan 60 days before
                                                           the test or on date
                                                           Administrator agrees
                                                           with: Test plan
                                                           approval procedures;
                                                           performance audit
                                                           requirements; internal
                                                           and External QA
                                                           procedures for testing.
Sec.   63.7(d)................  Testing Facilities......  Requirements for         Yes.
                                                           testing facilities.
Sec.   63.7(e)(1).............  Conditions for            Performance tests must   Yes.
                                 Conducting Performance    be conducted under
                                 Tests.                    representative
                                                           conditions. Cannot
                                                           conduct performance
                                                           tests during SSM. Not
                                                           a violation to exceed
                                                           standard during SSM.
Sec.   63.7(e)(2).............  Conditions for            Must conduct according   Yes.
                                 Conducting Performance    to rule and EPA test
                                 Tests.                    methods unless
                                                           Administrator approves
                                                           alternative.
Sec.   63.7(e)(3).............  Test Run Duration.......  Must have three test     Yes.
                                                           runs of at least one
                                                           hour each. Compliance
                                                           is based on arithmetic
                                                           mean of three runs.
                                                           Conditions when data
                                                           from an additional
                                                           test run can be used.
Sec.   63.7(f)................  Alternative Test Method.  Procedures by which      Yes.
                                                           Administrator can
                                                           grant approval to use
                                                           an alternative test
                                                           method.
Sec.   63.7(g)................  Performance Test Data     Must include raw data    Yes.
                                 Analysis.                 in performance test
                                                           report. Must submit
                                                           performance test data
                                                           60 days after end of
                                                           test with the
                                                           Notification of
                                                           Compliance Status.
                                                           Keep data for 5 years.
Sec.   63.7(h)................  Waiver of Tests.........  Procedures for           Yes.
                                                           Administrator to waive
                                                           performance test.
Sec.   63.8(a)(1).............  Applicability of          Subject to all           Yes.
                                 Monitoring Requirements.  monitoring
                                                           requirements in
                                                           standard.
Sec.   63.8(a)(2).............  Performance               Performance              Yes.
                                 Specifications.           Specifications 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 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     Specific requirements   Yes.
                                 Multiple Monitoring       for installing
                                 Systems.                  monitoring systems.
                                                           Must install on each
                                                           effluent before it is
                                                           combined and before it
                                                           is released to the
                                                           atmosphere unless
                                                           Administrator approves
                                                           otherwise. If more
                                                           than one monitoring
                                                           system on an emissions
                                                           point, must report all
                                                           monitoring system
                                                           results, unless one
                                                           monitoring system is a
                                                           backup.

[[Page 58222]]

 
Sec.   63.8(c)(1).............  Monitoring System         Maintain monitoring      Yes.
                                 Operation and             system in a manner
                                 Maintenance.              consistent with good
                                                           air pollution control
                                                           practices.
Sec.   63.8(c)(1)(i)..........  Routine and Predictable   Follow the SSM plan for  Yes
                                 SSM.                      routine repairs. Keep
                                                           parts for routine
                                                           repairs readily
                                                           available. Reporting
                                                           requirements for SSM
                                                           when action is
                                                           described in SSM plan.
Sec.   63.8(c)(1)(ii).........  SSM not in SSMP.........  Reporting requirements   Yes.
                                                           for SSM when action is
                                                           not described in SSM
                                                           plan.
Sec.   63.8(c)(1)(iii)........  Compliance with           How Administrator        Yes.
                                 Operation and             determines if source
                                 Maintenance (O&M)         complying with
                                 Requirements.             operation and
                                                           maintenance
                                                           requirements. Review
                                                           of source O&M
                                                           procedures, records,
                                                           Manufacturer's
                                                           instructions,
                                                           recommendations, and
                                                           inspection of
                                                           monitoring system.
Sec.   63.8(c)(2)-(3).........  Monitoring System         Must install to get      Yes.
                                 Installation.             representative
                                                           emissions and
                                                           parameter
                                                           measurements. Must
                                                           verify operational
                                                           status before or at
                                                           performance test.
Sec.   63.8(c)(4).............  Continuous Monitoring     CMS must be operating    No.
                                 System (CMS)              except during
                                 Requirements.             breakdown, out-of-
                                                           control, repair,
                                                           maintenance, and high-
                                                           level calibration
                                                           drifts.
Sec.   63.8(c)(4)(i)-(ii).....  Continuous Monitoring     COMS must have a         Yes. However, COMS are not
                                 System (CMS)              minimum of one cycle     applicable. Requirements for
                                 Requirements.             of sampling and          CPMS are listed in Sec.
                                                           analysis for each        Sec.   63.7900 and 63.7913.
                                                           successive 10-second
                                                           period and one cycle
                                                           of data recording for
                                                           each successive 6-
                                                           minute period. CEMS
                                                           must have a minimum of
                                                           one cycle of operation
                                                           for each successive 15-
                                                           minute period.
Sec.   63.8(c)(5).............  COMS Minimum Procedures.  COMS minimum procedures  No.
Sec.   63.8(c)(6).............  CMS Requirements........  Zero and High level      Yes. However requirements for
                                                           calibration check        CPMS are addressed in Sec.
                                                           requirements.            Sec.   63.7900 and 63.7913.
Sec.   63.8(c)(7)-(8).........  CMS Requirements........  Out-of-control periods,  Yes.
                                                           including reporting.
Sec.   63.8(d)................  CMS Quality Control.....  Requirements for CMS     Yes.
                                                           quality control,
                                                           including calibration,
                                                           etc. Must keep quality
                                                           control plan on record
                                                           for 5 years. Keep old
                                                           versions for 5 years
                                                           after revisions.
Sec.   63.8(e)................  CMS Performance           Notification,            Yes.
                                 Evaluation.               performance evaluation
                                                           test plan, reports.
Sec.   63.8(f)(1)-(5).........  Alternative Monitoring    Procedures for           Yes.
                                 Method.                   Administrator to
                                                           approve alternative
                                                           monitoring.
Sec.   63.8(f)(6).............  Alternative to Relative   Procedures for           No.
                                 Accuracy Test.            Administrator to
                                                           approve alternative
                                                           relative accuracy
                                                           tests for CEMS.
Sec.   63.8(g)(1)-(4).........  Data Reduction..........  COMS 6-minute averages   Yes. However, COMS are not
                                                           calculated over at       applicable. Requirements for
                                                           least 36 evenly spaced   CPMS are addressed in Sec.
                                                           data points. CEMS 1-     Sec.   63.7900 and 63.7913.
                                                           hour averages computed
                                                           over at least four
                                                           equally spaced data
                                                           points.
Sec.   63.8(g)(5).............  Data Reduction..........  Data that cannot be      No.
                                                           used in computing
                                                           averages for CEMS and
                                                           COMS.
Sec.   63.9(a)................  Notification              Applicability and State  Yes.
                                 Requirements.             Delegation.
Sec.   63.9(b)(1)-(5).........  Initial Notifications...  Submit notification 120  Yes.
                                                           days after effective
                                                           date. Notification of
                                                           intent to construct/
                                                           reconstruct;
                                                           Notification of
                                                           commencement of
                                                           construct/reconstruct;
                                                           Notification of
                                                           startup. Contents of
                                                           each.
Sec.   63.9(c)................  Request for Compliance    Can request if cannot    Yes.
                                 Extension.                comply by date or if
                                                           installed BACT/LAER.
Sec.   63.9(d)................  Notification of Special   For sources that         Yes.
                                 Compliance Requirements   commence construction
                                 for New Source.           between proposal and
                                                           promulgation and want
                                                           to comply 3 years
                                                           after effective date.
Sec.   63.9(e)................  Notification of           Notify Administrator 60  Yes.
                                 Performance Test.         days prior.
Sec.   63.9(f)................  Notification of VE/       Notify Administrator 30  No.
                                 Opacity Test.             days prior.

[[Page 58223]]

 
Sec.   63.9(g)................  Additional Notifications  Notification of          Yes. However, there are no
                                 When Using CMS.           performance              opacity standards.
                                                           evaluation.
                                                           Notification using
                                                           COMS data.
                                                           Notification that
                                                           exceeded criterion for
                                                           relative accuracy.
Sec.   63.9(h)(1)-(6).........  Notification of           Contents. Due 60 days    Yes.
                                 Compliance Status.        after end of
                                                           performance test or
                                                           other compliance
                                                           demonstration, except
                                                           for opacity/VE, which
                                                           are due 30 days after.
                                                           When to submit to
                                                           Federal vs. State
                                                           authority.
Sec.   63.9(i)................  Adjustment of Submittal   Procedures for           Yes.
                                 Deadlines.                Administrator to
                                                           approve change in when
                                                           notifications must be
                                                           submitted.
Sec.   63.9(j)................  Change in Previous        Must submit within 15    Yes.
                                 Information.              days after the change.
Sec.   63.10(a)...............  Recordkeeping/Reporting.  Applies to all, unless   Yes.
                                                           compliance extension.
                                                           When to submit to
                                                           Federal vs. State
                                                           authority. Procedures
                                                           for owners of more
                                                           than 1 source.
Sec.   63.10(b)(1)............  Recordkeeping/Reporting.  General Requirements.    Yes.
                                                           Keep all records
                                                           readily available.
                                                           Keep for 5 years.
Sec.   63.10(b)(2)(i)-(iv)....  Records related to SSM..  Occurrence of each of    Yes.
                                                           operation (process
                                                           equipment). Occurrence
                                                           of each malfunction of
                                                           air pollution
                                                           equipment. Maintenance
                                                           on air pollution
                                                           control equipment.
                                                           Actions during
                                                           startup, shutdown, and
                                                           malfunction.
Sec.   63.10(b)(2)(vi) and (x-  CMS Records.............  Malfunctions,            Yes.
 xi).                                                      inoperative, out-of-
                                                           control. Calibration
                                                           checks. Adjustments,
                                                           maintenance.
Sec.   63.10(b)(2)(vii)-(ix)..  Records.................  Measurements to          Yes.
                                                           demonstrate compliance
                                                           with emissions
                                                           limitations.
                                                           Performance test,
                                                           performance
                                                           evaluation, and
                                                           visible emissions
                                                           observation results.
                                                           Measurements to
                                                           determine conditions
                                                           of performance tests
                                                           and performance
                                                           evaluations.
Sec.   63.10(b)(2)(xii).......  Records.................  Records when under       Yes.
                                                           waiver.
Sec.   63.10(b)(2)(xiii)......  Records.................  Records when using       No.
                                                           alternative to
                                                           relative accuracy test.
Sec.   63.10(b)(2)(xiv).......  Records.................  All documentation        Yes.
                                                           supporting Initial
                                                           Notification and
                                                           Notification of
                                                           Compliance Status.
Sec.   63.10(b)(3)............  Records.................  Applicability            Yes.
                                                           Determinations.
Sec.   63.10(c)...............  Records.................  Additional Records for   No.
                                                           CMS.
Sec.   63.10(d)(1)............  General Reporting         Requirement to report..  Yes.
                                 Requirements.
Sec.   63.10(d)(2)............  Report of Performance     When to submit to        Yes.
                                 Test Results.             Federal or State
                                                           authority.
Sec.   63.10(d)(3)............  Reporting Opacity or VE   What to report and when  No.
                                 Observations.
Sec.   63.10(d)(4)............  Progress Reports........  Must submit progress     Yes.
                                                           reports 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..  Must report results for  Yes. However, COMS are not
                                                           each CEM on a unit       applicable.
                                                           Written copy of
                                                           performance evaluation
                                                           Three copies of COMS
                                                           performance evaluation.
Sec.   63.10(e)(3)............  Reports.................  Excess Emissions         No.
                                                           Reports.
Sec.   63.10(e)(3)(i-iii).....  Reports.................  Schedule for reporting   No.
                                                           excess emissions and
                                                           parameter monitor
                                                           exceedance (now
                                                           defined as deviations).
Sec.   63.10(e)(3)(iv-v)......  Excess Emissions Reports  Requirement to revert    No.
                                                           to quarterly
                                                           submission if there is
                                                           an excess emissions
                                                           and parameter monitor
                                                           exceedance (now
                                                           defined as
                                                           deviations). Provision
                                                           to request semiannual
                                                           reporting after
                                                           compliance for one
                                                           year. Submit report by
                                                           30th day following end
                                                           of quarter or calendar
                                                           half. If there has not
                                                           been an exceedance or
                                                           excess emissions (now
                                                           defined as
                                                           deviations), report
                                                           contents is a
                                                           statement that there
                                                           have been no
                                                           deviations.
Sec.   63.10(e)(3)(iv-v)......  Excess Emissions Reports  Must submit report       No.
                                                           containing all of the
                                                           information in Sec.
                                                           Sec.   63.10(c)(5-13)
                                                           and 63.8(c)(7-8).

[[Page 58224]]

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

[FR Doc. 03-21918 Filed 10-7-03; 8:45 am]
BILLING CODE 6560-50-P