[Federal Register Volume 70, Number 163 (Wednesday, August 24, 2005)]
[Proposed Rules]
[Pages 49530-49541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16813]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0057; FRL-7959-3]
RIN 2060-AM25


National Emission Standards for Hazardous Air Pollutants: 
Hydrochloric Acid Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: On April 17, 2003, we published the national emission 
standards for hazardous air pollutants (NESHAP) for hydrochloric acid 
(HCl) production facilities, including HCl production at fume silica 
facilities (HCl Production NESHAP) (68 FR 19076). We are proposing to 
amend the existing rule by clarifying certain applicability provisions, 
emission standards, and testing, maintenance, and reporting 
requirements. The proposed amendments would also correct several 
omissions and typographical errors in the final rule. We are proposing 
the amendments to facilitate compliance and improve understanding of 
the final rule requirements.

DATES: Comments. Comments must be received on or before October 24, 
2005.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by September 13, 2005, a public hearing will be held on 
September 23, 2005.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
OAR-2002-0057 (formerly Docket ID No. A-99-41), by one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: Air Docket, EPA Docket Center, U.S. EPA West, 
Mailcode 6102T, Room B-108, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460. Please include a total of two copies.
     Hand Delivery: EPA Docket Center, Room B-108, U.S. EPA 
West, 1301 Constitution Avenue, NW., Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions. Direct your comments to Docket ID No. OAR-2002-0057. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov websites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102). For additional instructions on submitting comments, 
see the SUPPLEMENTARY INFORMATION section of this document.
    Docket. EPA has established an official public docket for this 
action including both Docket ID No. OAR-2002-0057 and legacy Docket ID 
No. A-99-41. The official public docket consists of the information 
related to this action. Not all items are listed under both docket 
numbers, so interested parties should inspect both docket numbers to 
ensure that they have received all materials relevant to the proposed 
amendments. Although listed in the index, some information is not 
publicly available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy

[[Page 49531]]

form. Publicly available docket materials are available either 
electronically in EDOCKET or in hard copy at the EPA Docket Center (Air 
Docket), EPA West, Room B-102, 1301 Constitution Avenue, NW., 
Washington, DC 20004. This Docket Facility 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.
    Public Hearing. If a public hearing is requested, it will be held 
at the EPA facility complex in Research Triangle Park, N.C. at 10 a.m. 
Persons interested in attending the hearing or wishing to present oral 
testimony should notify Eloise Shepherd, Combustion Group (MD-C439-01), 
U.S. EPA, Research Triangle Park, NC 27711, telephone (919) 541-5578 at 
least 2 days in advance of the hearing.

FOR FURTHER INFORMATION CONTACT: Mr. William Maxwell, Combustion Group, 
Emission Standards Division (C439-01), U.S. EPA, Research Triangle 
Park, N.C., 27711; telephone number (919) 541-5430; fax number (919) 
541-5450; electronic mail address: [email protected].

SUPPLEMENTARY INFORMATION: Regulated entities. Entities that will 
potentially be affected by the proposed amendments are those that 
produce HCl and are major sources of hazardous air pollutants (HAP) as 
defined in section 112 of the Clean Air Act (CAA). The regulated 
categories and entities include:

 
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            Category                SIC a       NAICS b                      Regulated entities
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Industry.......................         2819       325188  Hydrochloric Acid Production.
                                        2821       325211
                                        2869       325199
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a Standard Industrial Classification.
b North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility, company, business, organization, etc., is regulated by 
this action, you should carefully examine the applicability criteria in 
section 63.8985 of the HCl Production NESHAP. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Send or deliver information 
identified as CBI only to the following address: Roberto Morales, OAQPS 
Document Control Officer, Mailcode C404-02, U.S. EPA, Research Triangle 
Park, NC 27709, Attention Docket ID No. OAR-2002-0057. Clearly mark the 
part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD ROM that you mail to EPA, mark the outside 
of the disk or CD ROM as CBI and then identify electronically within 
the disk or CD ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
    World Wide Web (WWW). The text of today's document will also be 
available on the WWW through the Technology Transfer Network (TTN). 
Following signature, a copy of this action will be posted on the TTN's 
policy and guidance page for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
II. Summary of Proposed Amendments
    A. Applicability
    B. Definitions
    C. Emission Standards
    D. Storage Tank Maintenance
    E. Notification and Reporting Requirements
    F. Omissions and Typographical Corrections
III. 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

I. Background

    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. Hydrochloric 
acid production and fume silica production were listed as source 
categories under the production of inorganic chemicals group on EPA's 
initial list of major source categories (57 FR 31576, July 16, 1992). 
We later combined these two source categories for regulatory purposes 
and renamed the combined source category ``HCl Production'' (66 FR 
48174, September

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18, 2001). The next revision to the source category list will reflect 
this change. Major sources of HAP are those 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. The CAA requires the national emission 
standards for HAP to reflect the maximum degree of reduction in HAP 
emissions that is achievable. This level of control is commonly known 
as the maximum achievable control technology (MACT).
    On April 17, 2003, EPA published final standards (68 FR 19076) for 
the control of HAP from HCl production (40 CFR part 63, subpart NNNNN). 
The final rule contains emission limitations and standards applicable 
to HCl and chlorine (Cl2). These limits apply to each new or 
existing HCl process vent, HCl storage tank, HCl transfer operation, 
and leaks from equipment in HCl service located at a major source of 
HAP.
    After promulgation, some applicability- and compliance-related 
issues, in addition to several inadvertent omissions and typographical 
errors, were identified. We are proposing today's amendments to address 
these issues.

II. Summary of Proposed Amendments

    We are proposing to amend 40 CFR part 63, subpart NNNNN, to change 
the applicability provisions, to clarify testing, monitoring, and 
reporting requirements, and to correct inadvertent omissions and 
typographical errors. A summary of each of the proposed amendments to 
40 CFR part 63, subpart NNNNN, and the rationale for each is presented 
below.

A. Applicability

    In order to avoid regulatory overlap, the HCl Production NESHAP 
exempts certain HCl production facilities that are part of other source 
categories and subject to other Federal standards. We intended the HCl 
Production NESHAP to cover only those HCl production facilities that 
were not subject to any other MACT standards and not to cover those HCl 
production facilities that were subject to other MACT standards. 
Today's proposed amendments would change the applicability provisions 
to rectify three situations that came to our attention after 
promulgation of the HCl Production NESHAP in which this intent was not 
satisfied.
    First, the proposed amendments would address the HCl Production 
NESHAP's exemptions for HCl production facilities that are subject to 
certain other regulations, including 40 CFR part 63, subpart EEE (the 
Hazardous Waste Combustors NESHAP), and 40 CFR 266.107, subpart H 
(regulations issued under the Resource Conservation and Recovery Act 
governing the Burning of Hazardous Wastes in Boilers and Industrial 
Furnaces).\1\ As currently worded, the exemptions are overly broad, 
because neither of the final rules covers emissions of HCl from HCl 
storage tanks, HCl transfer operations, or leaks from equipment in HCl 
service at these facilities. This leaves these emission points not 
subject to any Federal standards, which was not our intent. Therefore, 
we are proposing to amend subpart NNNNN of 40 CFR part 63 to exempt 
facilities that are subject to subpart EEE of 40 CFR part 63 or subpart 
H of 40 CFR part 266 and that meet the applicability requirements of 
subpart NNNNN from only the HCl process vent provisions of subpart 
NNNNN, rather than from all of the requirements of subpart NNNNN. 
Because the purpose of 40 CFR 63.8985(b) and (c) is to provide 
exemptions from all of the requirements of subpart NNNNN for entire HCl 
production facilities subject to certain other rules, we are proposing 
to remove 40 CFR 63.8985(b)(4) and (c)(3) to eliminate the overly broad 
exemptions and instead to add new paragraphs to 40 CFR 63.9000(c) to 
accomplish the proposed amendments. The purpose of 40 CFR 63.9000(c) is 
to exempt certain emission streams from subpart NNNNN. Under proposed 
40 CFR 63.9000(c), plants that are subject to subpart EEE of 40 CFR 
part 63 or subpart H of 40 CFR part 266 and that meet the other 
applicability provisions of subpart NNNNN would be affected sources 
under subpart NNNNN but would be exempt from the process vents 
provisions of subpart NNNNN.
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    \1\ Proposed amendments to subpart EEE, 40 CFR part 63 (69 FR 
21198, March 31, 2004), include standards for HCl production 
furnaces that burn hazardous waste and propose to subject hazardous 
waste combustors that are HCl production facilities under 40 CFR 
part 266, subpart H, to NESHAP under 40 CFR part 63, subpart EEE. 
Promulgation of the standards is forthcoming.
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    Second, the proposed amendments would revise the HCl Production 
NESHAP's exemptions for specific emission streams to eliminate 
duplicative regulation. Some emission points that are not themselves 
subject to subpart EEE of 40 CFR part 63 have their emissions 
controlled under subpart EEE because their emissions are routed 
directly through equipment that is subject to subpart EEE (e.g., an HCl 
process vent emission stream routed to a hazardous waste combustor for 
use as supplemental combustion air). Currently, these emissions (e.g., 
from the combustor) are regulated by both subpart EEE and subpart NNNNN 
of 40 CFR part 63. To rectify this situation, we are proposing to add a 
new paragraph to 40 CFR 63.9000(c) to include an emission stream-
specific exemption for HCl process vents, HCl storage tanks, and HCl 
transfer operations that are routed directly to hazardous waste 
combustors subject to subpart EEE. This means that under the proposal, 
HCl production facility emission streams that are routed to subpart EEE 
hazardous waste combustors would be exempt from the requirements of 
subpart NNNNN.
    Finally, the proposed amendments would remove the HCl Production 
NESHAP's exemption for HCl production facilities subject to 40 CFR 
264.343(b), subpart O (Incinerators), which will no longer be 
necessary. A combustor that burns hazardous waste and meets the subpart 
NNNNN of 40 CFR part 63 definition of an HCl production facility would 
be defined as a halogen acid furnace (currently subject to 40 CFR 
266.107, subpart H, and that would be subject to 40 CFR part 63, 
subpart EEE, under EPA's proposal at 69 FR 21198), not an incinerator 
(subject to 40 CFR 264.343(b), subpart O). As discussed above, we are 
proposing to amend the applicability provisions of the HCl Production 
NESHAP to properly address HCl production facilities that are subject 
to subpart H. Therefore, the exemption for subpart O will no longer be 
necessary, and we are proposing to remove 40 CFR 63.8985(c)(2), which 
provided this exemption. Consequently, we are proposing to incorporate 
the exemption provided in 40 CFR 63.8985(c)(1) into 40 CFR 63.8985(c), 
thus removing 40 CFR 63.8985(c)(1).

B. Definitions

    We are proposing to clarify the meaning of ``equipment in HCl 
service,'' which is defined in the HCl Production NESHAP as ``each 
pump, compressor, agitator, pressure relief device, sampling connection 
system, open-ended valve or line, valve, connector, and instrumentation 
system that contains 30 weight percent or greater of liquid HCl or 5 
weight percent or greater of gaseous HCl at any time'' (see 40 CFR 
63.9075). This definition could be interpreted to include equipment 
that is located at the same plant site as an ``HCl production 
facility'' (see 40 CFR 63.8985(a)(1)) but is not part of the HCl 
production facility. We intended to include only equipment that meets 
the above definition and is located within an HCl production facility. 
Therefore, we are

[[Page 49533]]

proposing to amend the definition of ``equipment in HCl service'' in 40 
CFR 63.9075 to clarify that the definition applies only to equipment 
within an HCl production facility.

C. Emission Standards

    The HCl Production NESHAP specifies the emission limits for 
existing and new HCl process vents, HCl storage tanks, and HCl transfer 
operations in two forms--a percent reduction and an outlet 
concentration--and allows HCl production facilities to comply with 
either one. However, the wording of the emission limits could be 
construed to require the use of an add-on control device even when an 
emission point meets the outlet concentration emission limit without an 
add-on control device. It was not our intent to require add-on control 
devices when they are unnecessary for compliance. While a percent 
reduction emission limit would need to be achieved through the use of 
an add-on control device, we recognize that an outlet concentration 
emission limit could be achieved through other means (e.g., process 
changes, pollution prevention). Therefore, we are proposing to amend 
table 1 to subpart NNNNN of 40 CFR part 63 to clarify that it is not 
necessary to use an add-on control device in order to meet the outlet 
concentration form of the emission limits. In addition, we are 
proposing to amend tables 3 and 5 to subpart NNNNN to specify the 
sampling port location and continuous compliance requirements, 
respectively, for sources that are not equipped with an add-on control 
device. Also, we are proposing to amend 40 CFR 63.9015(a) to require 
that emission points meeting the outlet concentration limits without 
the use of a control device conduct subsequent performance tests when 
process changes are made that could reasonably be expected to change 
the outlet concentration. Finally, we are proposing to amend 40 CFR 
63.9050 by adding paragraph (c)(9), which specifies that compliance 
reports must include verification that no process changes that could 
reasonably be expected to change the outlet concentration have been 
made since the last performance test.

D. Storage Tank Maintenance

    The HCl Production NESHAP is silent on the issue of how maintenance 
is to be conducted on HCl storage tank control devices. This could lead 
to uncertainty over whether an HCl storage tank would need to be 
emptied before the associated control device could be disconnected for 
maintenance purposes. It was not our intent that an HCl storage tank 
would need to be emptied prior to maintenance because the standing 
losses associated with a full or partially-full HCl storage tank are 
low, when compared to the emissions that occur from filling and 
emptying the tank. To clarify our intent, we are proposing to amend 40 
CFR 63.9000, by adding paragraph (d), to allow HCl production 
facilities to perform planned routine maintenance on each HCl storage 
tank control device for up to 240 hours per year without emptying the 
contents of the tank. During this time, the storage tank emission 
limitations would not apply. Also, we are proposing to amend 40 CFR 
63.9050, by adding paragraph (c)(10), and 40 CFR 63.9055, by adding 
paragraph (b)(6), to specify the reporting and recordkeeping 
requirements for planned routine maintenance events. These provisions 
are consistent with other NESHAP to which plant sites containing HCl 
production facilities may be subject.

E. Notification and Reporting Requirements

1. Notification of Compliance Status
    The HCl Production NESHAP requires the submission of a Notification 
of Compliance Status (NOCS) to the Administrator when a performance 
test is conducted (see 40 CFR 63.9045(a), table 7 to subpart NNNNN of 
40 CFR part 63, and 40 CFR 63.9(h)). It could be interpreted that 40 
CFR 63.9045(e) and (f) require the submission of a separate NOCS for 
each performance test that is conducted (e.g., on each emission point). 
It is more efficient and no less effective for HCl production 
facilities to submit one NOCS for the entire affected source, rather 
than one NOCS for each emission point tested, and it was not our intent 
to require unnecessary paperwork. Therefore, we are proposing to amend 
40 CFR 63.9045 to change the submission procedures for NOCS. We are 
proposing to allow NOCS to be submitted within 240 calendar days of the 
compliance dates for subpart NNNNN of 40 CFR part 63. The amendment 
would allow for the submission of only one NOCS per affected source 
because the notification is due 60 days after all performance tests are 
required to be conducted. We are also proposing to amend table 7 to 
subpart NNNNN to reflect this change to the NOCS submission procedures.
2. Monitoring and Leak Detection and Repair (LDAR) Plans
    The HCl Production NESHAP requires submission of the initial site-
specific monitoring (40 CFR 63.9005(d)) and LDAR (LDAR; table 1 to 
subpart NNNNN of 40 CFR part 63) plans to the Administrator with a 
source's NOCS. The final rule does not, however, specify when or how 
revisions to these plans should be submitted, only that they should be 
submitted (40 CFR 63.9055(b)(5)). Submission of revisions to these 
plans is most efficiently done in conjunction with the semi-annual 
compliance report required by 40 CFR 63.9050. Therefore, we are 
proposing to amend 40 CFR 63.9050(c) by adding paragraph (c)(8) to 
require submission of revisions to site-specific monitoring plans and 
LDAR plans with semi-annual compliance reports, if revisions have been 
made during the reporting period.

F. Omissions and Typographical Corrections

    We are proposing to add an exemption which was inadvertently 
omitted from the HC1 Production NESHAP. In the preamble to the final 
rule (68 FR 19082), we indicated that we would include an exemption for 
HC1 production facilities subject to 40 CFR 63.994, subpart SS. Because 
this exemption was not included in the final rule text, we are 
proposing to amend the rule to include it. Because we are proposing to 
remove 40 CFR 63.8985(b)(4), we are proposing to replace it with the 
exemption for 40 CFR 63.994, subpart SS.
    We are proposing to remove the phrase ``/Cl2'' from 40 
CFR 63.8990(b)(4) to reflect a change made between the proposed rule 
and the final rule which was retained incorrectly in the final rule. 
The proposed rule used the term ``in HCl/Cl2 service,'' but 
we wrote this term as ``equipment in HCl service'' in the final rule. 
We are proposing to make the same change in the first column of table 
1, item 4 of subpart NNNNN of 40 CFR part 63.
    We are proposing to correct an inaccurate reference in 40 CFR 
63.9025(a) regarding operating parameters. The reference should be to 
40 CFR 63.9020(e), which requires operating parameters to be 
established, rather than to 40 CFR 63.9020(d). This was a typographical 
error in the final rule.
    We are proposing to correct an inaccurate reference in the 
definition of ``HCl production facility'' in 40 CFR 63.9075. The 
reference to 40 CFR 63.8985(a)(i) should be to 40 CFR 63.8985(a)(1) 
because 40 CFR

[[Page 49534]]

63.8985(a)(i) does not exist. This was a typographical error in the 
final rule.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), 
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 EO. The EO 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 EO.
    Pursuant to the terms of EO 12866, OMB has notified EPA that it 
considers this a ``significant regulatory action'' within the meaning 
of the EO. EPA has submitted this action to OMB for review. Changes 
made in response to OMB suggestions or recommendations will be 
documented in the public record.

B. Paperwork Reduction Act

    The OMB has approved the information collection requirements in the 
2003 NESHAP for HCl production under the requirements of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control 
number 2060-0529. EPA has prepared a revision to the currently approved 
information collection request (ICR), and you may obtain a copy of the 
currently approved ICR and the revised ICR from Susan Auby by mail at 
the U.S. EPA, Office of Environmental Information, Collection 
Strategies Division (2822T), 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460, by e-mail at [email protected], or by calling (202) 566-
1672. Copies may also be downloaded off the internet at http://www.epa.gov/icr. Most of the proposed amendments are not expected to 
have an impact on the ICR burden. However, the ICR has been revised 
because two of today's proposed rule amendments are expected to change 
the burden slightly. The proposed exemption for individual emission 
streams that are routed to 40 CFR part 63, subpart EEE, hazardous waste 
combustors is expected to decrease the reporting and recordkeeping 
burden for some sources. The planned routine maintenance allowance is 
expected to increase the reporting and recordkeeping burden for all 
sources. Overall, the total annual reporting and recordkeeping burden 
is expected to be 733 hours (1 percent) lower than for the final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996, 5 U.S.C. 
601 et seq., generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as a small business according to 
Small Business Administration (SBA) size standards by the North 
American Industry Classification System (NAICS) category of the owning 
parent entity. The small business size standard for the affected 
industries (NAICS 325181, Alkalies and Chlorine Manufacturing, and 
NAICS 325188, All Other Basic Inorganic Chemical Manufacturing) is a 
maximum of 1,000 employees for an entity.
    After considering the economic impact of today's proposed rule on 
small entities, I certify that this action will not have a significant 
impact on a substantial number of small entities. In accordance with 
the RFA, as amended by the SBREFA, 5 U.S.C. 601, et seq., we conducted 
an assessment of the final rule on small businesses within the 
industries affected by the final rule. This analysis allowed us to 
certify that there would not be a significant impact on a substantial 
number of small entities from the implementation of the final rule. 
There is nothing contained in the proposed amendments that will impact 
small businesses in any way not considered in the analysis of the final 
rule; this means that the proposed amendments have no incremental 
impact on small businesses beyond what was already examined in the 
final rule. We continue to be interested in the potential impacts of 
the proposed rule on small entities and welcome comments on issues 
related to such impacts.

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, 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 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows 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 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. Today's proposed amendments contain no Federal mandates 
(under the regulatory provisions of title II of the UMRA) for State, 
local, or Tribal governments. EPA has determined that the proposed 
amendments do 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. 
Thus, today's proposed amendments are not subject to the

[[Page 49535]]

requirements of sections 202 and 205 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 EO 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 proposed amendments do not have federalism 
implications. They 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 EO 13132. None of the 
affected facilities are owned or operated by State governments. Thus, 
EO 13132 does not apply to the proposed amendments.

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

    Executive Order 13175 (65 FR 67249, November 6, 2000) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by Tribal officials in the development of regulatory policies 
that have Tribal implications.'' The proposed amendments will not have 
Tribal implications, as specified in EO 13175. They will not have 
substantial direct effects on Tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes. No Tribal governments own facilities 
subject to the HC1 Production NESHAP. Thus, EO 13175 does not apply to 
these proposed amendments.

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 EO 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, EPA 
must evaluate the environmental health or safety effects of the planned 
rule on children, and explain why the planned regulation is preferable 
to other potentially effective and reasonably feasible alternatives 
considered by the Agency. EPA interprets EO 13045 as applying only to 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the EO has the potential 
to influence the regulation. The proposed amendments are not subject to 
EO 13045 because they are based on technology performance and not on 
health or safety risks. Nor are the proposed amendments ``economically 
significant'' under EO 12866, as discussed in section III(A) of this 
preamble.

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

    Today's action is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law 104-113; 15 U.S.C 272 note), directs 
EPA to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impracticable. Voluntary consensus 
standards are technical standards (such as material specifications, 
test methods, sampling procedures, or business practices) developed or 
adopted by one or more voluntary consensus bodies. The NTTAA directs 
EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards. The proposed amendments do not involve changes to the 
technical standards in the final rule. Therefore, EPA is not 
considering the use of any voluntary consensus standards in the 
proposed amendments.

List of Subjects in 40 CFR Part 63

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

    Dated: August 17, 2005.
Stephen L. Johnson,
Administrator.

    For the reasons set forth in the preamble, title 40, chapter I, 
part 63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

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

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

Subpart NNNNN--[Amended]

    2. Section 63.8985 is amended by revising paragraphs (b)(4) and (c) 
to read as follows:


Sec.  63.8985  Am I subject to this subpart?

* * * * *
    (b) * * *
    (4) 40 CFR part 63, Sec.  63.994, subpart SS, National Emission 
Standards for Closed Vent Systems, Control Devices, Recovery Devices 
and Routing to a Fuel Gas System or a Process.
* * * * *
    (c) An HCl production facility is not subject to this subpart if it 
is located following the incineration of chlorinated waste gas streams, 
waste liquids, or solid wastes, and the emissions from the HCl 
production facility are subject to Sec.  63.113(c), subpart G, National 
Emission Standards for Organic Hazardous Air Pollutants from the 
Synthetic Organic Chemical Manufacturing Industry for Process Vents, 
Storage Vessels, Transfer Operations, and Wastewater.
* * * * *
    3. Section 63.8990 is amended by revising paragraph (b)(4) to read 
as follows:


Sec.  63.8990  What parts of my plant does this subpart cover?

* * * * *
    (b) * * *
    (4) Each emission stream resulting from leaks from equipment in HCl 
service.
* * * * *
    4. Section 63.9000 is amended by:
    a. Revising paragraph (a);
    b. Revising the introductory text of paragraph (c);
    c. Adding paragraphs (c)(4) through (c)(6); and
    d. Adding paragraph (d).


Sec.  63.9000  What emission limitations and work practice standards 
must I meet?

    (a) With the exceptions noted in paragraphs (c) and (d) of this 
section, you must meet the applicable emission limit and work practice 
standard in

[[Page 49536]]

table 1 to this subpart for each emission stream listed under Sec.  
63.8990(b)(1) through (4) that is part of your affected source.
* * * * *
    (c) The emission streams listed in paragraphs (c)(1) through (6) of 
this section are exempt from the emission limitations, work practice 
standards, and all other requirements of this subpart.
* * * * *
    (4) Emission streams from HCl process vents that are also subject 
to 40 CFR part 63, subpart EEE, National Emission Standards for 
Hazardous Air Pollutants for Hazardous Waste Combustors.
    (5) Emission streams from HCl process vents, HCl storage tanks, and 
HCl transfer operations that are routed directly to hazardous waste 
incinerators that are subject to 40 CFR part 63, subpart EEE, National 
Emission Standards for Hazardous Air Pollutants for Hazardous Waste 
Combustors.
    (6) Emission streams from HCl process vents that are located 
following the incineration of chlorinated waste gas streams, waste 
liquids, or solid wastes and that are also subject to Sec.  266.107, 
subpart H, Burning of Hazardous Waste in Boilers and Industrial 
Furnaces.
    (d) The emission limits for HCl storage tanks in table 1 to this 
subpart do not apply during periods of planned routine maintenance of 
HCl storage tank control devices. Periods of planned routine 
maintenance of each HCl storage tank control device, during which the 
control device does not meet the emission limits specified in table 1 
to this subpart, shall not exceed 240 hours per year.
    5. Section 63.9015 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.9015  When must I conduct subsequent performance tests?

    (a) You must conduct all applicable performance tests according to 
the procedures in Sec.  63.9020 on the earlier of your title V 
operating permit renewal or within 5 years of issuance of your title V 
permit. For emission points meeting the outlet concentration limits in 
table 1 to this subpart without the use of a control device, all 
applicable performance tests must also be conducted whenever process 
changes are made that could reasonably be expected to change the outlet 
concentration. Examples of process changes include, but are not limited 
to, changes in production capacity, production rate, feedstock type, or 
catalyst type, or whenever there is replacement, removal, or addition 
of recovery equipment. For purposes of this paragraph, process changes 
do not include: process upsets and unintentional, temporary process 
changes.
* * * * *
    6. Section 63.9025 is amended by revising the introductory text of 
paragraph (a) to read as follows:


Sec.  63.9025  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) For each operating parameter that you are required by Sec.  
63.9020(e) to monitor, you must install, operate, and maintain each CMS 
according to the requirements in paragraphs (a)(1) through (6) of this 
section.
* * * * *
    7. Section 63.9045 is amended by:
    a. Removing and reserving paragraph (e); and
    b. Revising paragraph (f).


Sec.  63.9045  What notifications must I submit and when?

* * * * *
    (f) You must submit the Notification of Compliance Status, 
including the performance test results, within 240 calendar days after 
the applicable compliance dates specified in Sec.  63.8995.
* * * * *
    8. Section 63.9050 is amended by:
    a. Revising the introductory text of paragraph (c); and
    b. Adding paragraphs (c)(8) through (c)(10).


Sec.  63.9050  What reports must I submit and when?

* * * * *
    (c) The compliance report must contain the following information in 
paragraphs (c)(1) through (10) of this section.
* * * * *
    (8) If you did not make revisions to your site-specific monitoring 
plan and/or LDAR plant during the reporting period, a statement that 
you did not make any revisions to your site-specific monitoring plan 
and/or LDAR plan during the reporting period. If you made revisions to 
your site-specific monitoring plan and/or LDAR plan during the 
reporting period, a copy of the revised plan.
    (9) If you meet the outlet concentration limit in table 1 to this 
subpart without the use of a control device for any emission point, 
verification that you have not made any process changes that could 
reasonably be expected to change the outlet concentration since your 
most recent performance test for that emission point.
    (10) The information specified in paragraphs (c)(10)(i) and (ii) of 
this section for those planned routine maintenance operations that 
caused or may cause an HCl storage tank control device not to meet the 
emission limits in table 1 to this subpart, as applicable.
    (i) A description of the planned routine maintenance that was 
performed for each HCl storage tank control device during the reporting 
period. This description shall include the type of maintenance 
performed and the total number of hours during the reporting period 
that the HCl storage tank control device did not meet the emission 
limits in table 1 to this subpart, as applicable, due to planned 
routine maintenance.
    (ii) A description of the planned routine maintenance that is 
anticipated to be performed for each HCl storage tank control device 
during the next reporting period. This description shall include the 
type of maintenance necessary, planned frequency of maintenance, and 
lengths of maintenance periods.
* * * * *
    9. Section 63.9055 is amended by adding paragraph (b)(6) to read as 
follows:


Sec.  63.9055  What records must I keep?

* * * * *
    (b) * * *
    (6) Records of the planned routine maintenance performed on each 
HCl storage tank control device including the duration of each time the 
control device does not meet the emission limits in table 1 to this 
subpart, as applicable, due to planned routine maintenance. Such a 
record shall include the information specified in paragraphs (b)(6)(i) 
and (ii) of this section.
    (i) The first time of day and date the emission limits in table 1 
to this subpart, as applicable, were not met at the beginning of the 
planned routine maintenance, and
    (ii) The first time of day and date the emission limits in table 1 
to this subpart, as applicable, were met at the conclusion of the 
planned routine maintenance.
    10. Section 63.9075 is amended by revising the definitions of 
``Equipment in HCl service'' and ``HCl production facility'' to read as 
follows:


Sec.  63.9075  What definitions apply to this subpart?

* * * * *
    Equipment in HCl service means each pump, compressor, agitator, 
pressure relief device, sampling connection system, open-ended valve or 
line, valve, connector, and instrumentation system in an HCl production 
facility that contains 30 weight percent or greater of

[[Page 49537]]

liquid HCl or 5 weight percent or greater of gaseous HCl at any time.
* * * * *
    HCl production facility is defined in Sec.  63.8985(a)(1).
* * * * *
    11. Table 1 in subpart NNNNN is revised to read as follows:
    As stated in Sec.  63.9000(a), you must comply with the following 
emission limits and work practice standards for each emission stream 
that is part of an affected source:

 Table 1 to Subpart NNNNN of Part 63.--Emission Limits and Work Practice
                                Standards
------------------------------------------------------------------------
                                  You must meet the following emission
        For each . . .           limit and work practice standard . . .
------------------------------------------------------------------------
1. Emission stream from an     a. Reduce HCl emissions by 99 percent or
 HCl process vent at an         greater or achieve an outlet
 existing source.               concentration of 20 ppm by volume or
                                less; and
                               b. Reduce Cl2 emissions by 99 percent or
                                greater or achieve an outlet
                                concentration of 100 ppm by volume or
                                less.
2. Emission stream from an     Reduce HCl emissions by 99 percent or
 HCl storage tank at an         greater or achieve an outlet
 existing source.               concentration of 120 ppm by volume or
                                less.
3. Emission stream from an     Reduce HCl emissions by 99 percent or
 HCl transfer operation at an   greater or achieve an outlet
 existing source.               concentration of 120 ppm by volume or
                                less.
4. Emission stream from        a. Prepare and operate at all times
 leaking equipment in HCl       according to an equipment LDAR plan that
 service at existing and new    describes in detail the measures that
 sources.                       will be put in place to detect leaks and
                                repair them in a timely fashion; and
                               b. Submit the plan to the Administrator
                                for comment only with your Notification
                                of Compliance Status; and
                               c. You may incorporate by reference in
                                such plan existing manuals that describe
                                the measures in place to control leaking
                                equipment emissions required as part of
                                other federally enforceable
                                requirements, provided that all manuals
                                that are incorporated by reference are
                                submitted to the Administrator.
5. Emission stream from an     a. Reduce HCl emissions by 99.4 percent
 HCl process vent at a new      or greater or achieve an outlet
 source.                        concentration of 12 ppm by volume or
                                less; and
                               b. Reduce Cl2 emissions by 99.8 percent
                                or greater or achieve an outlet
                                concentration of 20 ppm by volume or
                                less.
6. Emission stream from an     Reduce HCl emissions by 99.9 percent or
 HCl storage tank at a new      greater or achieve an outlet
 source.                        concentration of 12 ppm by volume or
                                less.
7. Emission stream from an     Reduce HCl emissions by 99 percent or
 HCl transfer operation at a    greater or achieve an outlet
 new source.                    concentration of 120 ppm by volume or
                                less.
------------------------------------------------------------------------

    12. Table 3 in subpart NNNNN is revised to read as follows:
    As stated in Sec.  63.9020, you must comply with the following 
requirements for performance tests for HCl production for each affected 
source:

 Table 3 to Subpart NNNNN of Part 63.--Performance Test Requirements for
                     HCl Production Affected Sources
------------------------------------------------------------------------
 For each HCl process vent and
 each HCl storage tank and HCl
 transfer operation for which                            Additional
     you are conducting a          Using . . .       Information . . .
performance test, you must . .
               .
------------------------------------------------------------------------
1. Select sampling port         a. Method 1 or 1A  i. If complying with
 location(s) and the number of   appendix A to 40   a percent reduction
 traverse points.                CFR part 60 of     emission limitation,
                                 this chapter.      sampling sites must
                                                    be located at the
                                                    inlet and outlet of
                                                    the control device
                                                    prior to any
                                                    releases to the
                                                    atmosphere (or, if a
                                                    series of control
                                                    devices are used, at
                                                    the inlet of the
                                                    first control device
                                                    and at the outlet of
                                                    the final control
                                                    device prior to any
                                                    releases to the
                                                    atmosphere); or
                                                   ii. If complying with
                                                    an outlet
                                                    concentration
                                                    emission limitation,
                                                    the sampling site
                                                    must be located at
                                                    the outlet of the
                                                    final control device
                                                    and prior to any
                                                    releases to the
                                                    atmosphere or, if no
                                                    control device is
                                                    used, prior to any
                                                    releases to the
                                                    atmosphere.
2. Determine velocity and       Method 2, 2A, 2C,
 volumetric flow rate.           2D, 2F, or 2G in
                                 appendix A to 40
                                 CFR part 60 of
                                 this chapter.
3. Determine gas molecular      a. Not applicable  i. Assume a molecular
 weight.                                            weight of 29 (after
                                                    moisture correction)
                                                    for calculation
                                                    purposes.
4. Measure moisture content of  Method 4 in
 the stack gas.                  appendix A to 40
                                 CFR part 60 of
                                 this chapter.
5. Measure HCl concentration    a. Method 26A in   i. An owner or
 and Cl2 concentration from      Appendix A to 40   operator may be
 HCl process vents.              CFR part 60 of     exempted from
                                 this chapter.      measuring the Cl2
                                                    concentration from
                                                    an HCl process vent
                                                    provided that a
                                                    demonstration that
                                                    Cl2 is not likely to
                                                    be present in the
                                                    stream is submitted
                                                    as part of the site-
                                                    specific test plan
                                                    required by Sec.
                                                    63.9020(a)(2). This
                                                    demonstration may be
                                                    based on process
                                                    knowledge,
                                                    engineering
                                                    judgment, or
                                                    previous test
                                                    results.

[[Page 49538]]

 
6. Establish operating limits
 with which you will
 demonstrate continuous
 compliance with the emission
 limits in Table 1 to this
 subpart, in accordance with
 Sec.   63.9020(e)(1) or (2).
------------------------------------------------------------------------

    13. Table 5 in subpart NNNNN is revised to read as follows:
    As stated in Sec.  63.9040, you must comply with the following 
requirements to demonstrate continuous compliance with the applicable 
emission limitations for each affected source and each work practice 
standard:

    Table 5 to Subpart NNNNN of Part 63.--Continuous Compliance With
            Emission Limitations and Work Practice Standards
------------------------------------------------------------------------
                                For the following
                                     emission
                                  limitation and    You must demonstrate
        For each . . .            work practice    continuous compliance
                                  standard . . .          by . . .
 
------------------------------------------------------------------------
1. Affected source using a      a. In Tables 1     i. Collecting the
 caustic scrubber or water       and 2 to this      scrubber inlet
 scrubber/absorber.              subpart.           liquid or
                                                    recirculating liquid
                                                    flow rate, as
                                                    appropriate, and
                                                    effluent pH
                                                    monitoring data
                                                    according to Sec.
                                                    63.9025, consistent
                                                    with your monitoring
                                                    plan; and
                                                   ii. Reducing the data
                                                    to 1-hour and daily
                                                    block averages
                                                    according to the
                                                    requirements in Sec.
                                                      63.9025; and
                                                   iii. Maintaining the
                                                    daily average
                                                    scrubber inlet
                                                    liquid or
                                                    recirculating liquid
                                                    flow rate, as
                                                    appropriate, above
                                                    the operating limit;
                                                    and
                                                   iv. Maintaining the
                                                    daily average
                                                    scrubber effluent pH
                                                    within the operating
                                                    limits.
2. Affected source using any    a. In Tables 1     i. Conducting
 other control device.           and 2 to this      monitoring according
                                 subpart.           to your monitoring
                                                    plan established
                                                    under Sec.   63.8(f)
                                                    in accordance with
                                                    Sec.   63.9025(c);
                                                    and
                                                   ii. Collecting the
                                                    parameter data
                                                    according to your
                                                    monitoring plan
                                                    established under
                                                    Sec.   63.8(f); and
                                                   iii. Reducing the
                                                    data to 1-hour and
                                                    daily block averages
                                                    according to the
                                                    requirements in Sec.
                                                      63.9025; and
                                                   iv. Maintaining the
                                                    daily average
                                                    parameter values
                                                    within the operating
                                                    limits established
                                                    according to your
                                                    monitoring plan
                                                    established under
                                                    Sec.   63.8(f).
3. Affected source using no     a. In Tables 1     i. Verifying that you
 control device.                 and 2 to this      have not made any
                                 subpart.           process changes that
                                                    could reasonably be
                                                    expected to change
                                                    the outlet
                                                    concentration since
                                                    your most recent
                                                    performance test for
                                                    an emission point.
4. Leaking equipment affected   a. In Table 1 to   i. Verifying that you
 source.                         this subpart.      continue to use a
                                                    LDAR plan; and
                                                   ii. Reporting any
                                                    instances where you
                                                    deviated from the
                                                    plan and the
                                                    corrective actions
                                                    taken.
------------------------------------------------------------------------

    14. Table 7 in subpart NNNNN is revised to read as follows:
    As stated in Sec.  63.9065, you must comply with the applicable 
General Provisions requirements according to the following:

           Table 7 to Subpart NNNNN of Part 63.--Applicability of General Provisions to Subpart NNNNN
----------------------------------------------------------------------------------------------------------------
                                                                    Applies to Subpart
              Citation                       Requirement                   NNNNN                Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1........................  Initial applicability        Yes...................
                                      determination;
                                      applicability after
                                      standard established;
                                      permit requirements;
                                      extensions; notifications.
Sec.   63.2........................  Definitions................  Yes...................  Additional definitions
                                                                                           are found in Sec.
                                                                                           63.9075.
Sec.   63.3........................  Units and abbreviations....  Yes...................
Sec.   63.4........................  Prohibited activities;       Yes...................
                                      compliance date;
                                      circumvention,
                                      severability.
Sec.   63.5........................  Construction/reconstruction  Yes...................
                                      applicability;
                                      applications; approvals.
Sec.   63.6(a).....................  Compliance with standards    Yes...................
                                      and maintenance
                                      requirements--applicabilit
                                      y.

[[Page 49539]]

 
Sec.   63.6(b)(1)-(4)..............  Compliance dates for new or  Yes...................  Sec.   63.8995
                                      reconstructed sources.                               specifies compliance
                                                                                           dates.
Sec.   63.6(b)(5)..................  Notification if commenced    Yes...................
                                      construction or
                                      reconstruction after
                                      proposal.
Sec.   63.6(b)(6)..................  [Reserved].................  Yes...................
Sec.   63.6(b)(7)..................  Compliance dates for new or  Yes...................  Sec.   63.8995
                                      reconstructed area sources                           specifies compliance
                                      that become major.                                   dates.
Sec.   63.6(c)(1)-(2)..............  Compliance dates for         Yes...................  Sec.   63.8995
                                      existing sources.                                    specifies compliance
                                                                                           dates.
Sec.   63.6(c)(3)-(4)..............  [Reserved].................  Yes...................
Sec.   63.6(c)(5)..................  Compliance dates for         Yes...................  Sec.   63.8995
                                      existing area sources that                           specifies compliance
                                      become major.                                        dates.
Sec.   63.6(d).....................  [Reserved].................  Yes...................
Sec.   63.6(e)(1)-(2)..............  Operation and maintenance    Yes...................
                                      requirements.
Sec.   63.6(e)(3)..................  SSM plans..................  Yes...................
Sec.   63.6(f)(1)..................  Compliance except during     Yes...................
                                      SSM.
Sec.   63.6(f)(2)-(3)..............  Methods for determining      Yes...................
                                      compliance.
Sec.   63.6(g).....................  Use of an alternative non-   Yes...................
                                      opacity emission standard.
Sec.   63.6(h).....................  Compliance with opacity/     No....................  Subpart NNNNN does not
                                      visible emission standards.                          specify opacity or
                                                                                           visible emission
                                                                                           standards.
Sec.   63.6(i).....................  Extension of compliance      Yes...................
                                      with emission standards.
Sec.   63.6(j).....................  Presidential compliance      Yes...................
                                      exemption.
Sec.   63.7(a)(1)-(2)..............  Performance test dates.....  Yes...................  Except for existing
                                                                                           affected sources as
                                                                                           specified in Sec.
                                                                                           63.9010(b).
Sec.   63.7(a)(3)..................  Administrator's Clean Air    Yes...................
                                      Act section 114 authority
                                      to require a performance
                                      test.
Sec.   63.7(b).....................  Notification of performance  Yes...................
                                      test and rescheduling.
Sec.   63.7(c).....................  Quality assurance program    Yes...................
                                      and site-specific test
                                      plans.
Sec.   63.7(d).....................  Performance testing          Yes...................
                                      facilities.
Sec.   63.7(e)(1)..................  Conditions for conducting    Yes...................
                                      performance tests.
Sec.   63.7(f).....................  Use of an alternative test   Yes...................
                                      method.
Sec.   63.7(g).....................  Performance test data        Yes...................
                                      analysis, recordkeeping
                                      and reporting.
Sec.   63.7(h).....................  Waiver of performance tests  Yes...................
Sec.   63.8(a)(1)-(3)..............  Applicability of monitoring  Yes...................  Additional monitoring
                                      requirements.                                        requirements are
                                                                                           found in Sec.
                                                                                           63.9005(d) and
                                                                                           63.9035.
Sec.   63.8(a)(4)..................  Monitoring with flares.....  No....................  Subpart NNNNN does not
                                                                                           refer directly or
                                                                                           indirectly to Sec.
                                                                                           63.11.
Sec.   63.8(b).....................  Conduct of monitoring and    Yes...................
                                      procedures when there are
                                      multiple effluents and
                                      multiple monitoring
                                      systems.
Sec.   63.8(c)(1)-(3)..............  Continuous monitoring        Yes...................  Applies as modified by
                                      system O&M.                                          Sec.   63.9005(d).
Sec.   63.8(c)(4)..................  Continuous monitoring        Yes...................  Applies as modified by
                                      system requirements during                           Sec.   63.9005(d).
                                      breakdown, out-of-control,
                                      repair, maintenance, and
                                      high-level calibration
                                      drifts.
Sec.   63.8(c)(5)..................  Continuous opacity           No....................  Subpart NNNNN does not
                                      monitoring system (COMS)                             have opacity or
                                      minimum procedures.                                  visible emission
                                                                                           standards.
Sec.   63.8(c)(6)..................  Zero and high level          Yes...................  Applies as modified by
                                      calibration checks.                                  Sec.   63.9005(d).
Sec.   63.8(c)(7)-(8)..............  Out-of-control periods,      Yes...................
                                      including reporting.
Sec.   63.8(d)-(e).................  Quality control program and  No....................  Applies as modified by
                                      CMS performance evaluation.                          Sec.   63.9005(d).
Sec.   63.8(f)(1)-(5)..............  Use of an alternative        Yes...................
                                      monitoring method.
Sec.   63.8(f)(6)..................  Alternative to relative      No....................  Only applies to
                                      accuracy test.                                       sources that use
                                                                                           continuous emissions
                                                                                           monitoring systems
                                                                                           (CEMS).
Sec.   63.8(g).....................  Data reduction.............  Yes...................  Applies as modified by
                                                                                           Sec.   63.9005(d).
Sec.   63.9(a).....................  Notification requirements--  Yes...................
                                      applicability.
Sec.   63.9(b).....................  Initial notifications......  Yes...................  Except Sec.
                                                                                           63.9045(c) requires
                                                                                           new or reconstructed
                                                                                           affected sources to
                                                                                           submit the
                                                                                           application for
                                                                                           construction or
                                                                                           reconstruction
                                                                                           required by Sec.
                                                                                           63.9(b)(1) (iii) in
                                                                                           lieu of the initial
                                                                                           notification.

[[Page 49540]]

 
Sec.   63.9(c).....................  Request for compliance       Yes...................
                                      extension.
Sec.   63.9(d).....................  Notification that a new      Yes...................
                                      source is subject to
                                      special compliance
                                      requirements.
Sec.   63.9(e).....................  Notification of performance  Yes...................
                                      test.
Sec.   63.9(f).....................  Notification of visible      No....................  Subpart NNNNN does not
                                      emissions/opacity test.                              have opacity or
                                                                                           visible emission
                                                                                           standards.
Sec.   63.9(g)(1)..................  Additional CMS               Yes...................
                                      notifications--date of CMS
                                      performance evaluation.
Sec.   63.9(g)(2)..................  Use of COMS data...........  No....................  Subpart NNNNN does not
                                                                                           require the use of
                                                                                           COMS.
Sec.   63.9(g)(3)..................  Alternative to relative      No....................  Applies only to
                                      accuracy testing.                                    sources with CEMS.
Sec.   63.9(h).....................  Notification of compliance   Yes...................  Except the submission
                                      status.                                              date specified in
                                                                                           Sec.   63.9(h)(2)(ii)
                                                                                           is superseded by the
                                                                                           date specified in
                                                                                           Sec.   63.9045(f).
Sec.   63.9(i).....................  Adjustment of submittal      Yes...................
                                      deadlines.
Sec.   63.9(j).....................  Change in previous           Yes...................
                                      information.
Sec.   63.10(a)....................  Recordkeeping/reporting      Yes...................
                                      applicability.
Sec.   63.10(b)(1).................  General recordkeeping        Yes...................  Sec.  Sec.   63.9055
                                      requirements.                                        and 63.9060 specify
                                                                                           additional
                                                                                           recordkeeping
                                                                                           requirements.
Sec.   63.10(b)(2)(i)-(xi).........  Records related to SSM       Yes...................
                                      periods and CMS.
Sec.   63.10(b)(2)(xii)............  Records when under waiver..  Yes...................
Sec.   63.10(b)(2)(xiii)...........  Records when using           No....................  Applies only to
                                      alternative to relative                              sources with CEMS.
                                      accuracy test.
Sec.   63.10(b)(2)(xiv)............  All documentation            Yes...................
                                      supporting initial
                                      notification and
                                      notification of compliance
                                      status.
Sec.   63.10(b)(3).................  Recordkeeping requirements   Yes...................
                                      for applicability
                                      determinations.
Sec.   63.10(c)....................  Additional recordkeeping     Yes...................  Applies as modified by
                                      requirements for sources                             Sec.   63.9005(d).
                                      with CMS.
Sec.   63.10(d)(1).................  General reporting            Yes...................  Sec.   63.9050
                                      requirements.                                        specifies additional
                                                                                           reporting
                                                                                           requirements.
Sec.   63.10(d)(2).................  Performance test results...  Yes...................  Sec.   63.9045(f)
                                                                                           specifies submission
                                                                                           date.
Sec.   63.10(d)(3).................  Opacity or visible           No....................  Subpart NNNNN does not
                                      emissions observations.                              specify opacity or
                                                                                           visible emission
                                                                                           standards.
Sec.   63.10(d)(4).................  Progress reports for         Yes...................
                                      sources with compliance
                                      extensions.
Sec.   63.10(d)(5).................  SSM reports................  Yes...................
Sec.   63.10(e)(1).................  Additional CMS reports--     Yes...................  Applies as modified by
                                      general.                                             Sec.   63.9005(d).
Sec.   63.10(e)(2)(i)..............  Results of CMS performance   Yes...................  Applies as modified by
                                      evaluations.                                         Sec.   63.9005(d).
Sec.   63.10(e)(2)(ii).............  Results of COMS performance  No....................  Subpart NNNNN does not
                                      evaluations.                                         require the use of
                                                                                           COMS.
Sec.   63.10(e)(3).................  Excess emissions/CMS         Yes...................
                                      performance reports.
Sec.   63.10(e)(4).................  Continuous opacity           No....................  Subpart NNNNN does not
                                      monitoring system data                               require the use of
                                      reports.                                             COMS.
Sec.   63.10(f)....................  Recordkeeping/reporting      Yes...................
                                      waiver.
Sec.   63.11.......................  Control device               No....................  Facilities subject to
                                      requirements--applicabilit                           subpart NNNNN do not
                                      y.                                                   use flares as control
                                                                                           devices.
Sec.   63.12.......................  State authority and          Yes...................  Sec.   63.9070 lists
                                      delegations.                                         those sections of
                                                                                           subparts NNNNN and A
                                                                                           that are not
                                                                                           delegated.
Sec.   63.13.......................  Addresses..................  Yes...................
Sec.   63.14.......................  Incorporation by reference.  Yes...................  Subpart NNNNN does not
                                                                                           incorporate any
                                                                                           material by
                                                                                           reference.
Sec.   63.15.......................  Availability of information/ Yes...................
                                      confidentiality.
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[[Page 49541]]

[FR Doc. 05-16813 Filed 8-23-05; 8:45 am]
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