[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Rules and Regulations]
[Pages 42898-42925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6419]



[[Page 42897]]

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

Part II





Environmental Protection Agency





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



40 CFR Part 63



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

  Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Rules 
and Regulations  

[[Page 42898]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2003-0138; FRL-8202-4]
RIN 2060-AM77


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments; notice of final action on 
reconsideration.

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

SUMMARY: EPA is promulgating amendments to the national emission 
standards for hazardous air pollutants for organic liquids distribution 
(non-gasoline) (OLD NESHAP), which EPA promulgated on February 3, 2004. 
After promulgation of the final OLD NESHAP, the Administrator received 
petitions for administrative reconsideration of the promulgated rule, 
and several petitions for judicial review of the final rule were filed 
in the United States Court of Appeals for the District of Columbia 
Circuit. On November 14, 2005, pursuant to a settlement agreement 
between some of the parties to the litigation, EPA published a notice 
of proposed amendments to address some of the concerns raised in the 
petitions and requested comments on the proposed amendments. In this 
action, EPA is promulgating those amendments, adding additional vapor 
balancing options, and making technical corrections to the final rule.

DATES: The final rule amendments are effective on July 28, 2006. The 
incorporation by reference of certain publications listed in the final 
rule is approved by the Director of the Federal Register as of July 28, 
2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2003-0138. All documents in the docket are listed either 
on the www.regulations.gov Web site or in the legacy docket, A-98-13. 
Although listed in the index, some information is not publicly 
available, e.g., confidential business information 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 form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Air and Radiation Docket, 
EPA/DC, EPA West, Room B-102, 1301 Constitution Ave., NW., Washington, 
DC. The 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 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air and Radiation Docket is (202) 566-1742.
    At this time, the EPA/DC's Public Reading Room is closed until 
further notice due to flooding. Fax numbers for Docket offices in the 
EPA/DC are temporarily unavailable. EPA visitors are required to show 
photographic identification and sign the EPA visitor log. After 
processing through the X-ray and magnetometer machines, visitors will 
be given an EPA/DC badge that must be visible at all times.
    Informational updates will be provided via the EPA Web site at 
http://www.epa.gov/epahome/dockets.htm as they are available.

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Shine, U.S. EPA, Office of 
Air Quality Planning and Standards, Sector Policies and Programs 
Division, Coatings and Chemicals Group (E143-01), Research Triangle 
Park, NC 27711; telephone number: (919) 541-3608; fax number: (919) 
541-0246; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

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

------------------------------------------------------------------------
                                 NAICS*
           Category               code    Examples of regulated entities
------------------------------------------------------------------------
Industry.....................     325211  Operations at major sources
                                  325192   that transfer organic liquids
                                  325188   into or out of the plant
                                   32411   site, including: Liquid
                                   49311   storage terminals, crude oil
                                   49319   pipeline stations, petroleum
                                   48611   refineries, chemical
                                   42269   manufacturing facilities, and
                                   42271   other manufacturing
                                           facilities with collocated
                                           OLD operations.
Federal Government...........  .........  Federal agency facilities that
                                           operate any of the types of
                                           entities listed under the
                                           ``industry'' category in this
                                           table.
------------------------------------------------------------------------
* North American Industry Classification System/Considered to be the
  primary industrial codes for the plant sites with OLD operations.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR part 63, 
subpart EEEE. If you have any questions regarding the applicability of 
this action to a particular entity, consult the individual described in 
the preceding FOR FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule is also available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the final rule will be posted on the TTN policy and guidance 
page for newly proposed or promulgated rules at the following address: 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act 
(CAA), judicial review of the final rule amendments to the OLD NESHAP 
is available by filing a petition for review in the United States Court 
of Appeals for the District of Columbia Circuit by September 26, 2006. 
Only those objections that were raised with reasonably specificity 
during the period for public comment may be raised during judicial 
review. Under section 307(b)(2) of the CAA, the requirements that are 
the subject of the final rule amendments may not be challenged later in 
civil or criminal proceedings brought by EPA to enforce these 
requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity

[[Page 42899]]

during the period for public comment (including any public hearing) may 
be raised during judicial review.'' This section also provides a 
mechanism for us to convene a proceeding for reconsideration, ``[i]f 
the person raising an objection can demonstrate to the EPA that it was 
impracticable to raise such objection within [the period for public 
comment] or if the grounds for such objection arose after the period 
for public comment (but within the time specified for judicial review) 
and if such objection is of central relevance to the outcome of the 
rule.'' Any person seeking to make such a demonstration to us should 
submit a Petition for Reconsideration to the Office of the 
Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the 
person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT 
section, and the Associate General Counsel for the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20004.
    Organization of this document: The information presented in this 
preamble is organized as follows:

I. What Is the Statutory Authority for the Final Rule?
II. Background
III. What Revisions Were Made as a Result of Comments Received on 
the Proposed Amendments?
IV. What Are the Responses to Significant Comments?
    A. Compliance Date Extension for All Storage Tanks
    B. Vapor Balancing
    C. Recordkeeping and Reporting for Emissions Sources That Do Not 
Require Control
    D. Technical Corrections
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 Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. What Is the Statutory Authority for the Final Rule?

    Section 112 of the CAA requires EPA to list categories and 
subcategories of major sources and area sources of hazardous air 
pollutants (HAP) and to establish NESHAP for the listed source 
categories and subcategories. OLD was listed on July 16, 1992 (57 FR 
31576). Major sources of HAP are those that have the potential to emit 
at least 10 tons per year (tpy) of any one HAP or 25 tpy of any 
combination of HAP.

II. Background

    On February 3, 2004 (69 FR 5063), EPA promulgated the OLD NESHAP 
(40 CFR part 63, subpart EEEE) pursuant to section 112 of the CAA. In 
response to several petitions for administrative reconsideration of the 
OLD NESHAP and several petitions for judicial review filed with the 
United States Court of Appeals for the District of Columbia Circuit and 
pursuant to a settlement agreement between some of the parties to the 
litigation, EPA proposed amendments (November 14, 2005, 70 FR 69210) to 
subpart EEEE. EPA received comments from four entities. The final 
notice presents EPA's responses to those comments and promulgates 
amendments to subpart EEEE in response to the petitions and public 
comments.
    As noted in the November 14, 2005, Federal Register notice, EPA 
will be taking separate action to address an administrative petition 
for reconsideration and a petition for judicial review concerning 
wastewater sources that were not addressed in the settlement agreement 
that gave rise to the November 14, 2005, proposal.

III. What Revisions Were Made as a Result of Comments Received on the 
Proposed Amendments?

    Based on consideration of the comments received on the proposed 
amendments, EPA is revising the OLD rule provisions addressing vapor 
balancing for transfer racks by providing an additional, equivalent 
control option that allows routing of displaced HAP vapors to a storage 
tank with a common header. In addition, EPA is adding an option to 
allow vapor balancing back to the transport vehicle for storage tanks 
when they are being filled with organic liquids. EPA is withdrawing the 
proposed amendment that would have allowed vapor balancing transfer 
rack emissions to a process unit because this option is already 
available through other language. EPA is making additional changes, 
which are either technical corrections or clarifications.

IV. What Are the Responses to Significant Comments?

    EPA received four public comment letters on the proposed 
amendments. Most of the comments from three of the commenters were 
supportive of the proposed amendments, and EPA thanks the commenters 
for that support. The following summarizes the comments that sought 
changes to the proposed amendments and EPA's response to those 
comments.

A. Compliance Date Extension for All Storage Tanks

    Comment: One commenter noted that 40 CFR 63.2342(b)(2) allows 
owners and operators of storage tanks with floating roofs up to 10 
years or after the next degassing and cleaning activities to comply 
with the regulations for such storage tanks. The commenter requested 
that this compliance provision be extended to all storage tanks, 
because, in their opinion, the emissions produced by emptying and 
degassing a tank in order to perform the required alterations would 
exceed the cumulative reduction in emissions occurring in the years 
following alteration of the tank.
    Response: EPA notes that this comment does not pertain to the 
proposed amendments to subpart EEEE in the November 14, 2005, Federal 
Register notice. Nevertheless, EPA is responding to this request 
because it is important to clarify this issue. This provision (40 CFR 
63.2342(b)(2)) is only applicable to storage tanks with floating roofs 
and is not applicable to other types of storage tanks (i.e., fixed roof 
storage tanks). The compliance date provisions for floating roof tanks 
are consistent with similar rules such as the Hazardous Organic NESHAP 
(HON). The rationale for allowing extended compliance time for floating 
roof tanks (up to 10 years) that must upgrade fittings to comply with 
this rule was that the incremental reductions associated with upgrading 
controls generally would not exceed the emissions generated as a result 
of emptying and degassing. However, this is not the case for fixed roof 
tanks that are essentially uncontrolled. Further, the commenter did not 
provide substantive information regarding emission potentials and 
offsetting cleaning and degassing emission potentials for fixed roof 
tanks. Thus, the technical basis for the compliance date provision is 
only applicable to storage tanks with floating roofs and not to storage 
tanks with fixed roofs. Therefore, EPA is not changing this provision 
as requested by the commenter.

B. Vapor Balancing

    Comment: Two commenters requested that 40 CFR 63.2346(b)(3)(i) and 
(ii) be revised to allow organic HAP vapors

[[Page 42900]]

displaced during loading to be vented to another storage tank connected 
by common header in addition to the tank from which the organic HAP 
vapor originated or to a process unit, as currently allowed. The 
commenters stated that this would afford the same flexibility afforded 
in the HON and the Miscellaneous Organic NESHAP.
    Response: EPA agrees that the alternative proposed by the 
commenters is both appropriate and applicable to the OLD source 
category. The option provides owners and operators flexibility in 
meeting the requirements of 40 CFR part 63, subpart EEEE, without 
sacrificing the level of emission reductions being achieved. Further, 
making this change would provide consistency between similar emission 
sources being controlled under similar rules. Therefore, EPA has 
revised the rule to incorporate this option for vapor balancing for 
transfer racks.
    In addition, other rules (e.g., see 40 CFR 63.119(g) of the HON) 
allow an owner or operator to route emissions from the filing of 
storage tanks back to the transport vehicle from which the organic 
liquid originates. EPA has determined that, like vapor balancing 
through a common header, the inclusion of this vapor balancing option 
for storage tanks when they are being filled provides both consistency 
between the OLD rule and other similar subparts and flexibility to 
owners and operators without sacrificing emission reduction. Further, 
because some of the transport vehicles to which vapors are returned are 
refilled offsite, EPA has included requirements for such offsite 
facilities. Therefore, EPA has added this provision, along with the 
necessary requirements for initial and continuous compliance and for 
keeping records.
    Finally, EPA is withdrawing the proposed amendment that would have 
allowed vapor balancing transfer rack emissions back to a process unit. 
In the final rule, transfer racks may be routed back to a process (see 
40 CFR 63.2346(b)(2)). As part of the proposed amendments (see 40 CFR 
63.2346(b)(3)(i) and 40 CFR 63.2346(b)(3)(ii)), vapor balancing these 
emissions back to a process unit was proposed. Upon further 
consideration, both options essentially describe one single practice, 
and therefore, EPA recognizes that it is not necessary for the final 
rule to contain both options; that 40 CFR 63.2346(b)(2) of the final 
rule is sufficient. Therefore, EPA is withdrawing the proposed vapor 
balancing of transfer racks back to a process unit. No changes have 
been made concerning the use of vapor balancing transfer rack emissions 
back to the storage tank from which the liquid originated.
    We also would like to address the provisions of 40 CFR 63.2378(d), 
which allow emissions bypasses of fuel gas systems or the process for 
up to 240 hours per year. These provisions allow bypassing that is 
necessary for valid safety or operational reasons but are only 
applicable if emissions are routinely physically vented to fuel gas 
systems or the process. This means that the owner or operator can not 
use the language of 40 CFR 63.2378(d) to exempt a transfer rack that is 
used for less than 240 hours per year from control requirements.

C. Recordkeeping and Reporting for Emissions Sources That Do Not 
Require Control

    Comment: One commenter requested that the recordkeeping 
requirements proposed in 40 CFR 63.2343(a) for tanks under 5,000 
gallons capacity and for transfer racks that only unload organic 
liquids be eliminated in their entirety. The commenter stated that such 
recordkeeping and reporting requirements for these sources impose 
unnecessary administrative requirements on facilities. The commenter 
fails to see the benefit in keeping records for tanks that physically 
cannot change in size or for unloading racks that only unload certain 
materials.
    Response: Addressing storage tanks first, EPA points out that 
owners and operators of facilities subject to 40 CFR part 63, subpart 
EEEE will have to make a determination as to which storage tanks are 
storing organic liquids subject to subpart EEEE and which are not. If a 
storage tank is storing an organic liquid subject to subpart EEEE, the 
tank is subject to subpart EEEE. For storage tanks subject to subpart 
EEEE, the owner or operator would then identify the capacity of each 
tank in order to identify those that are less than 5,000 gallons in 
capacity and which do not require control. Proposed 40 CFR 63.2343(a) 
only applies to those tanks that are storing an organic liquid subject 
to subpart EEEE and with capacities of less than 5,000 gallons. This 
applicability is stated clearly in proposed 40 CFR 63.2343(a) (emphasis 
added):


    (a) For each storage tank subject to this subpart having a 
capacity of less than 18.9 cubic meters (5,000 gallons) and for each 
transfer rack subject to this subpart that only unloads organic 
liquids (i.e., no organic liquids are loaded at any of the transfer 
racks), you must keep documentation that verifies that each storage 
tank and transfer rack identified in paragraph (a) of this section 
is not required to be controlled.

    Proposed 40 CFR 63.2343(a) requires only that the owner or operator 
keep a record of the size determination; that is, by virtue of having a 
capacity of less than 5,000 gallons, the storage tank is not required 
to be controlled. The proposed paragraph does not apply to: (1) Storage 
tanks storing a liquid that is not an organic liquid and (2) storage 
tanks storing an organic liquid that is not subject to 40 CFR part 63, 
subpart EEEE.
    As correctly pointed out by the commenter, storage tanks do not 
change in size. Therefore, there would be no further effort required on 
the part of the owner or operator to document that the storage tank is 
not subject to control; that is, the original determination is 
sufficient.
    Proposed 40 CFR 63.2343(a) also required that the documentation by 
kept up-to-date:

    The documentation must be kept up-to-date (i.e., all such 
emission sources at a facility are identified in the documentation 
regardless of when the documentation was last compiled) and must be 
in a form suitable and readily available for expeditious inspection 
and review according to Sec.  63.10(b)(1), including records stored 
in electronic form in a separate location.

    EPA points out that in explaining what is meant by ``up-to-date,'' 
the phrase ``all such emission sources at a facility'' is used. Within 
the context of the entire paragraph, this phrase unambiguously refers 
back to those storage tanks for which the documentation under 40 CFR 
63.2343(a)(1) is being requested; that is, storage tanks subject to 40 
CFR part 63, subpart EEEE, which are storage tanks storing organic 
liquids subject to subpart EEEE. EPA does not believe it necessary to 
revise the regulatory text to further clarify the phrase ``all such 
emission sources at a facility.'' This phrase does not apply to either 
storage tanks storing liquids that are not organic liquids or to 
storage tanks storing organic liquids that are not subject to subpart 
EEEE. To better identify the type of documentation that is acceptable, 
EPA has revised 40 CFR 63.2343(a) to allow the use of piping and 
instrumentation diagrams (P&ID) to identify tanks (and transfer racks) 
subject to 40 CFR 63.2343(a).
    EPA reemphasizes that proposed 40 CFR 63.2343(a) only applies to 
storage tanks storing an organic liquid subject to 40 CFR part 63, 
subpart EEEE. If a facility has storage tanks of less than 5,000 gallon 
capacity, but those storage tanks do not store organic liquids (as 
defined in subpart EEEE), then there are no recordkeeping requirements 
for those tanks under 40 CFR 63.2343(a)(1) or

[[Page 42901]]

under any other part of subpart EEEE. Furthermore, there are no 
recordkeeping requirements under subpart EEEE for storage tanks of any 
size that either do not store and organic liquid or for storage tanks 
storing organic liquids that are not subject to subpart EEEE.
    EPA further points out that 40 CFR 63.10(b)(3) of subpart A (the 
General Provisions) does not impose any recordkeeping requirements 
under the OLD maximum achievable control technology (MACT) for storage 
tanks that are not storing organic liquids and, therefore, not part of 
the OLD source category. The determination of applicability of 40 CFR 
63.10(b)(3) applies to stationary sources that are part of the source 
category, but that are not subject to the relevant standard, in this 
case 40 CFR part 63, subpart EEEE, based on either the source's 
potential to emit or a specific exclusion in the subpart. In the case 
of the commenter, their OLD operation is located at a major source of 
HAP and there are no exclusions in subpart EEEE applicable to it; 
therefore, their OLD operation is an affected source subject to subpart 
EEEE. Once this determination is made, there is no applicability of 40 
CFR 63.10(b)(3) to the OLD affected source.
    For other storage tanks located at their plant site that do not 
store organic liquids and, therefore, are not part of the OLD affected 
source, 40 CFR 63.10(b)(3) imposes no recordkeeping requirements, for 
the purposes of the OLD rule, on those storage tanks or the source to 
which they belong.
    EPA clarified this in the preamble to the March 23, 2001, proposed 
amendments to the General Provisions at 66 FR 16330. We state

    The current General Provisions include a requirement at 
63.10(b)(3) for a source both to determine applicability and to keep 
a record of their determination if the source determines that it is 
not an affected source for a relevant standard. [A]n unintended 
interpretation of the General Provisions could be to require owners 
and operators of any source, including facilities not in the source 
category being regulated, to perform applicability determinations 
each time any NESHAP are promulgated. It was not our intent that the 
General Provisions require owners and operators to make a 
determination that they are not subject to every NESHAP that is 
issued.

    For transfer racks, a situation similar to storage tanks exists. 
Only transfer racks loading or unloading organic liquids that are 
subject to 40 CFR part 63, subpart EEEE are affected; loading racks 
that load or unload only non-organic liquids (or organic liquids not 
subject to subpart EEEE) are not affected. For those racks that only 
unload organic liquids subject to subpart EEEE, owners and operators 
must make the initial determination that the rack only unloads such 
organic liquids, and then must keep a record of that determination. As 
long as such racks do not begin to load organic liquids subject to 
subpart EEEE, no further effort, beyond keeping the record readily 
available and up-to-date, is required on the part of the owner or 
operator to document that the transfer rack only unloads organic 
liquids subject to subpart EEEE.
    Finally, EPA believes that maintaining these basic determinations 
in the form of a record, both for storage tanks with capacities of less 
than 5,000 gallons and for transfer racks that only unload organic 
liquids, will facilitate the time and effort an inspector would expend 
during an inspection of a facility and the time and effort the source 
would expend recreating these determinations each time they were asked.
    For these reasons, EPA has not revised the proposed rule language 
associated with these storage tanks and transfer racks, except for the 
allowance of P&ID to identify such storage tanks and transfer racks.
    Comment: One commenter requested that the recordkeeping and 
reporting requirements proposed in 40 CFR 63.2343 for storage tanks 
with capacities equal to or greater than 5,000 gallons that do not 
require control be eliminated. The commenter stated that such 
requirements impose an administrative burden with no environmental 
benefit. The commenter suggested that the more appropriate way to 
address these tanks is to require the owner or operator of such tanks 
to notify the State permitting authority at the point in time when such 
tanks trigger control requirements under Table 2 of 40 CFR part 63, 
subpart EEEE. The commenter recommended that EPA apply the same 
approach used in the Engine Testing MACT (40 CFR 63.9290). In the 
Engine Testing MACT, a source that is exclusively used for testing 
internal combustion engines of less than 25 horsepower is required only 
to submit an initial notification, meeting the requirements in the 
General Provisions. The initial notification for these sources also 
must state that the source has no additional requirements, including a 
brief explanation of the basis of the exclusion. No other reporting, 
recordkeeping, or notification requirements, including submission of 
startup, shutdown, and malfunction plans and compliance demonstrations, 
apply to sources that do not have to comply with emission limitations. 
According to the commenter, EPA should apply this same approach to 
sources that are not subject to controls under subpart EEEE.
    Response: As noted in the previous response, the requirements in 
proposed 40 CFR 63.2343(b) only apply to storage tanks storing organic 
liquids subject to 40 CFR part 63, subpart EEEE. Further, an owner or 
operator would have to make an initial determination as to whether 
these larger storage tanks contain organic liquids with vapor pressures 
that trigger the control requirements. As long as the liquid in the 
tank did not change, no further action is required on the part of the 
owner or operator, beyond keeping the record readily available and up-
to-date. If the owner or operator changes the liquids stored in such 
tanks, however, the owner or operator is required to make a 
determination as to whether or not the vapor pressure of the new liquid 
being stored is sufficient to require control and maintain a record of 
that determination, even if control is still not required.
    EPA continues to believe that keeping a record of such information 
is important to allow an inspector to determine compliance with the OLD 
rule. Therefore, EPA has not revised this requirement in the final 
rule.

D. Technical Corrections and Clarifying Changes

    EPA is making the following technical corrections and 
clarifications to the final rule:
    1. The cross-reference to 40 CFR 63.2382(b) found in 40 CFR 
63.2370(c) is incorrect. The correct cross-reference is 40 CFR 
63.2382(d).
    2. Item 1.b in Table 5 to 40 CFR part 63, subpart EEEE references 
the emission limit of ``at least 95 weight percent.'' This limit is 
applicable to storage tanks only. The applicable limit for transfer 
racks (both low throughput and high throughput racks) is ``at least 98 
weight percent.'' EPA has revised the final rule to reflect 
accordingly.
    3. In table 12 to 40 CFR part 63, subpart EEEE, 40 CFR 63.6(h)(1) 
through (7) are indicated as being not applicable to subpart EEEE, 
while 40 CFR 63.6(h)(8) and CFR 63.6(h)(9) are indicated as being 
applicable. 40 CFR 63.6(h) applies to opacity and visible emission 
standards. Upon closer examination of this apparent inconsistency, EPA 
has determined that all of 40 CFR 63.6(h) is not applicable, except to 
the extent that Method 22 observations are required as part of a flare 
compliance assessment. Therefore, EPA has revised the applicability of 
40 CFR 63.6(h) to read as follows:

[[Page 42902]]

    ``No; except only as it applies to flares for which Method 22 
observations are required as part of a flare compliance assessment.''
    4. We are deleting methyl ethyl ketone (MEK) from Table 1 because 
MEK has been delisted by the Agency as a HAP.
    5. We are correcting the cross-reference in 40 CFR 63.2346(a) for 
storage tanks meeting the tank capacity and liquid vapor pressure 
criteria for control in Table 2, item 6. The final rule referenced 
compliance with paragraph (a)(1) when it should have referenced 
compliance with either paragraphs (a)(1) or (a)(2).
    6. We are revising the phrasing in 40 CFR 63.2354(a)(3) to clarify 
that performance evaluations for continuous monitoring systems (CMS) 
are only currently required for continuous emission monitoring systems. 
The requirements of 40 CFR 63.8 only apply if there are promulgated 
performance specifications for CMS, including continuous parameter 
monitoring systems. Currently, there are no performance specifications 
for the continuous parameter monitoring systems that are identified in 
40 CFR part 63, subpart SS, which this subpart references. However, 
performance specifications for parameter monitoring systems are 
expected to be proposed in the future. When developing these 
performance specifications, the Agency will consider their application 
to OLD and other similar rules. For consistency, we have also clarified 
the applicability of CMS provisions contained in the General 
Provisions, 40 CFR 63.8(c)(6)-(8), (d), and (f).
    7. We have added a new paragraph, 40 CFR 63.2396(e)(2), to clarify 
the relationship between the recordkeeping and reporting requirements 
of this subpart and the recordkeeping and reporting requirements for 
equipment leak components associated with unloading racks under other 
subparts. The new paragraph clarifies that such equipment leak 
components must be in compliance with this subpart EEEE. However, if 
the recordkeeping and reporting requirements of the other 40 CFR part 
63 subpart are equivalent to those required by this subpart EEEE, the 
owner or operator may elect to continue to comply with the 
recordkeeping and reporting requirements under which they are currently 
being controlled and be considered in compliance with this subpart 
EEEE. This new paragraph parallels the similar relationship in the 
final rule provided for monitoring, recordkeeping, and reporting for 
control devices.
    8. We have revised the definition of ``annual average true vapor 
pressure'' to clarify that the vapor pressure is to be based on organic 
HAP that are listed in Table 1 to this subpart EEEE.
    9. We have corrected an incorrect cross-reference in the second 
column of Item 8 in Table 3 of this subpart EEEE. The incorrect cross-
reference, 40 CFR 63.2366(c), does not exist. The correct cross-
reference is 40 CFR 63.2366(b).
    10. We corrected the last column of item 1.b in Table 5 and the 
third column of items 1 and 2 of Table 6 of this subpart EEEE by adding 
the phrase ``for nonflare combustion devices'' to the option of 20 
parts per million by volume exhaust concentration. This phrase was 
inadvertently omitted and makes these items consistent with item 
1.a.i.(5)(A)(ii) in Table 5 of this subpart EEEE.
    11. We are making the description in item 2 in Table 11 of this 
subpart EEEE consistent with the General Provisions' language that 
requires an immediate notification when an exceedance of an applicable 
emission standard occurs during a startup, shutdown, or malfunction 
episode. The language in the rule as promulgated did not reference the 
exceedance of an applicable emission standard for determining when an 
immediate notification was required.
    12. We are correcting in Table 12 of this subpart EEEE how 40 CFR 
63.9(j) applies to this subpart EEEE. The types of changes that 40 CFR 
63.9(j) requires to be reported are covered in subpart EEEE in 40 CFR 
63.2386(c) and (d). In these paragraphs, these changes would be 
submitted with the next compliance report. Thus, the requirement to 
submit these changes within 15 days after the change is not applicable 
to this subpart EEEE. The change in Table 12 reflects this.
    13. We are revising Sec.  63.2350(c) to be consistent with 40 CFR 
63.6(e)(3), which requires the development of a startup, shutdown, and 
malfunction plan. The revised language, therefore, drops the phrase 
``and implement.'' An owner or operator is still required, under 40 CFR 
63.6(e)(1), to minimize emissions during a period of startup, shutdown, 
or malfunction; thus there is no change in the stringency 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), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of 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.
    Pursuant to the terms of Executive Order 12866, OMB has notified 
EPA that it considers this a ``significant regulatory action'' within 
the meaning of the Executive Order. EPA has submitted this action to 
OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The final rule required owners and operators to list sources not 
subject to control in the first and subsequent compliance reports and 
to keep appropriate documentation. The final rule applied these 
requirements across-the-board for all emission sources not requiring 
control and, in general, was not specific as to what recordkeeping is 
required. Under the final rule amendments, we clarify how these 
provisions would apply to those emission sources for which control 
would never be required and to those emission sources for which control 
could be required, but is not currently required. In addition, we 
identify the specific circumstances under which listing in subsequent 
compliance reports would be required for sources for which control is 
not required rather than requiring all previously identified sources to 
be re-listed. Further, we narrow the applicability of certain sections 
of the General Provisions for sources for which control is not required 
because the proposed amendments make such application of those sections 
in the General Provisions unnecessary. Thus, in sum, the final rule 
amendments are

[[Page 42903]]

not adding new information collection burden. However, OMB has 
previously approved the information collection requirements contained 
in the existing regulations at 40 CFR part 63, subpart EEEE under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and 
has assigned OMB control number 2060-0539, EPA Information Collection 
Request (ICR) number 1963.02. A copy of the OMB approved ICR may be 
obtained from Susan Auby, Collection Strategies Division; U.S. EPA 
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by 
calling (202) 566-1672.
    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.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with the final rule amendments.
    For purposes of assessing the impacts of the final rule amendments 
on small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's 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 the final rule amendments 
on small entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603 
and 604. Thus, an agency may conclude that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule.
    The final rule amendments will not impose any new requirements on 
small entities, and will reduce some of the burden established under 
the promulgated rule. The final rule amendments will relieve regulatory 
burden by, for example, exempting all emission sources in the affected 
source not requiring control under the OLD NESHAP from notification, 
recordkeeping, and reporting requirements, except as otherwise 
specified for all affected small entities; excluding from the affected 
source storage tanks, transfer racks, transport vehicles, containers, 
and equipment leak components when used in special operations and to 
conduct maintenance activities; and allowing owners or operators of 
existing sources to request a compliance extension of up to 1 year if 
the additional time is necessary for the installation of controls. We 
have therefore concluded that today's final rule will relieve 
regulatory burden for all affected small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for 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 to State, local, and tribal governments, in 
the aggregate, or to 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.
    EPA has determined that the final rule 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, the final rule amendments are not 
subject to the requirements of section 202 and 205 of the UMRA. In 
addition, the final rule amendments contain no regulatory requirements 
that might significantly or uniquely affect small governments because 
they contain no requirements that apply to such governments or impose 
obligations upon them. Therefore, the final rule amendments are 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 amendments do not have federalism implications. They 
will not have new substantial direct effects on the States, on the 
relationship between the national government and

[[Page 42904]]

the States, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 
13132. They correct typographical errors, clarify provisions, or 
eliminate unnecessary recordkeeping and reporting requirements for 
emission sources for which there are no control requirements. These 
changes do not modify existing or create new responsibilities among EPA 
Regional Offices, States, or local enforcement agencies. Thus, 
Executive Order 13132 does not apply to the final rule amendments.

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

    Executive Order 13175 (65 FR 67249, November 9, 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 final rule amendments do not have 
tribal implications as specified in Executive Order 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, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to the final rule 
amendments.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency 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 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 amendments 
are not subject to Executive Order 13045 because it is based on 
technology performance and not on health or safety risks.

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

    The final rule amendments are 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 they are not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Further, 
we have concluded that this rule is not likely to have any adverse 
energy effects.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National 
Technology Transfer and Advancement Act (NTTAA) of 1995, Public Law 
104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary 
consensus standards (VCS) in its regulatory activities unless to do so 
would be inconsistent with applicable law or otherwise impractical. VCS 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable VCS.
    The final rule amendments involve a technical standard. EPA has 
decided to use ASTM D6420-99 (reapproved 2004), Standard Test Method 
for Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry, as an alternative to Method 18. This 
method allows the use of ASTM D6420-99 (Reapproved 2004) as an 
alternative to Method 18 to determine compliance with the organic HAP 
or total organic compounds emission limit under certain circumstances.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing the 
final rule amendments and other required information to the United 
States Senate, the United States House of Representatives, and the 
Comptroller General of the United States prior to publication of the 
final rule in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final 
rule will be effective on July 28, 2006.

List of Subjects in 40 CFR Part 63

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

    Dated: July 18, 2006.
Stephen L. Johnson,
Administrator.

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

PART 63--[AMENDED]

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

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


0
2. Section 63.14 is amended by revising paragraph (b)(28) to read as 
follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (b) * * *
    (28) ASTM D6420-99 (Reapproved 2004), Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry, IBR approved for Sec. Sec.  
63.2354(b)(3)(i), 63.2354(b)(3)(ii), 63.2354(b)(3)(ii)(A), and 
63.2354(b)(3)(ii)(B).
* * * * *

Subpart EEEE--[Amended]

0
3. Section 63.2338 is amended by:
0
a. Revising paragraphs (b)(3) and (b)(4);
0
b. Adding a new paragraph (b)(5);
0
c. Revising paragraph (c)(1);
0
d. Removing paragraph (c)(2) and redesignating paragraphs (c)(3) and 
(c)(4) as (c)(2) and (c)(3), respectively; and
0
e. Revising newly designated paragraphs (c)(2) and (c)(3) to read as 
follows:


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

* * * * *
    (b) * * *

[[Page 42905]]

    (3) All equipment leak components in organic liquids service that 
are associated with:
    (i) Storage tanks storing organic liquids;
    (ii) Transfer racks loading or unloading organic liquids;
    (iii) Pipelines that transfer organic liquids directly between two 
storage tanks that are subject to this subpart;
    (iv) Pipelines that transfer organic liquids directly between a 
storage tank subject to this subpart and a transfer rack subject to 
this subpart; and
    (v) Pipelines that transfer organic liquids directly between two 
transfer racks that are subject to this subpart.
    (4) All transport vehicles while they are loading or unloading 
organic liquids at transfer racks subject to this subpart.
    (5) All containers while they are loading or unloading organic 
liquids at transfer racks subject to this subpart.
    (c) * * *
    (1) Storage tanks, transfer racks, transport vehicles, containers, 
and equipment leak components that are part of an affected source under 
another 40 CFR part 63 national emission standards for hazardous air 
pollutants (NESHAP).
    (2) Non-permanent storage tanks, transfer racks, transport 
vehicles, containers, and equipment leak components when used in 
special situation distribution loading and unloading operations (such 
as maintenance or upset liquids management).
    (3) Storage tanks, transfer racks, transport vehicles, containers, 
and equipment leak components when used to conduct maintenance 
activities, such as stormwater management, liquid removal from tanks 
for inspections and maintenance, or changeovers to a different liquid 
stored in a storage tank.
* * * * *

0
4. Section 63.2342 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Adding paragraph (a)(3);
0
c. Revising paragraph (b)(1);
0
d. Adding paragraph (b)(3); and
0
e. Revising paragraph (d) to read as follows:


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

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to the schedule identified in 
paragraph (a)(1), (a)(2), or (a)(3) of this section, as applicable.
* * * * *
    (3) If, after startup of a new affected source, the total actual 
annual facility-level organic liquid loading volume at that source 
exceeds the criteria for control in Table 2 to this subpart, items 9 
and 10, the owner or operator must comply with the transfer rack 
requirements specified in Sec.  63.2346(b) immediately; that is, be in 
compliance the first day of the period following the end of the 3-year 
period triggering the control criteria.
    (b)(1) If you have an existing affected source, you must comply 
with the emission limitations, operating limits, and work practice 
standards for existing affected sources no later than February 5, 2007, 
except as provided in paragraphs (b)(2) and (3) of this section.
* * * * *
    (3)(i) If an addition or change other than reconstruction as 
defined in Sec.  63.2 is made to an existing affected facility that 
causes the total actual annual facility-level organic liquid loading 
volume to exceed the criteria for control in Table 2 to this subpart, 
items 7 and 8, the owner or operator must comply with the transfer rack 
requirements specified in Sec.  63.2346(b) immediately; that is, be in 
compliance the first day of the period following the end of the 3-year 
period triggering the control criteria.
    (ii) If the owner or operator believes that compliance with the 
transfer rack emission limits cannot be achieved immediately, as 
specified in paragraph (b)(3)(i) of this section, the owner or operator 
may submit a request for a compliance extension, as specified in 
paragraphs (b)(3)(ii)(A) through (I) of this section. Subject to 
paragraph (b)(3)(ii)(B) of this section, until an extension of 
compliance has been granted by the Administrator (or a State with an 
approved permit program) under this paragraph (b)(3)(ii), the owner or 
operator of the transfer rack subject to the requirements of this 
section shall comply with all applicable requirements of this subpart. 
Advice on requesting an extension of compliance may be obtained from 
the Administrator (or the State with an approved permit program).
    (A) Submittal. The owner or operator shall submit a request for a 
compliance extension to the Administrator (or a State, when the State 
has an approved 40 CFR part 70 permit program and the source is 
required to obtain a 40 CFR part 70 permit under that program, or a 
State, when the State has been delegated the authority to implement and 
enforce the emission standard for that source) seeking an extension 
allowing the source up to 1 additional year to comply with the transfer 
rack standard, if such additional period is necessary for the 
installation of controls. The owner or operator of the affected source 
who has requested an extension of compliance under this paragraph 
(b)(3)(ii)(A) and who is otherwise required to obtain a title V permit 
shall apply for such permit, or apply to have the source's title V 
permit revised to incorporate the conditions of the extension of 
compliance. The conditions of an extension of compliance granted under 
this paragraph (b)(3)(ii)(A) will be incorporated into the affected 
source's title V permit according to the provisions of 40 CFR part 70 
or Federal title V regulations in this chapter (42 U.S.C. 7661), 
whichever are applicable.
    (B) When to submit. (1) Any request submitted under paragraph 
(b)(3)(ii)(A) of this section must be submitted in writing to the 
appropriate authority no later than 120 days prior to the affected 
source's compliance date (as specified in paragraph (b)(3)(i) of this 
section), except as provided for in paragraph (b)(3)(ii)(B)(2) of this 
section. Nonfrivolous requests submitted under this paragraph 
(b)(3)(ii)(B)(1) will stay the applicability of the rule as to the 
emission points in question until such time as the request is granted 
or denied. A denial will be effective as of the date of denial.
    (2) An owner or operator may submit a compliance extension request 
after the date specified in paragraph (b)(3)(ii)(B)(1) of this section 
provided the need for the compliance extension arose after that date, 
and before the otherwise applicable compliance date and the need arose 
due to circumstances beyond reasonable control of the owner or 
operator. This request must include, in addition to the information 
required in paragraph (b)(3)(ii)(C) of this section, a statement of the 
reasons additional time is needed and the date when the owner or 
operator first learned of the problems. Nonfrivolous requests submitted 
under this paragraph (b)(3)(ii)(B)(2) will stay the applicability of 
the rule as to the emission points in question until such time as the 
request is granted or denied. A denial will be effective as of the 
original compliance date.
    (C) Information required. The request for a compliance extension 
under paragraph (b)(3)(ii)(A) of this section shall include the 
following information:
    (1) The name and address of the owner or operator and the address 
of the existing source if it differs from the address of the owner or 
operator;
    (2) The name, address, and telephone number of a contact person for 
further information;
    (3) An identification of the organic liquid distribution operation 
and of the

[[Page 42906]]

specific equipment for which additional compliance time is required;
    (4) A description of the controls to be installed to comply with 
the standard;
    (5) Justification for the length of time being requested; and
    (6) A compliance schedule, including the date by which each step 
toward compliance will be reached. At a minimum, the list of dates 
shall include:
    (i) The date by which on-site construction, installation of 
emission control equipment, or a process change is planned to be 
initiated;
    (ii) The date by which on-site construction, installation of 
emission control equipment, or a process change is to be completed; and
    (iii) The date by which final compliance is to be achieved.
    (D) Approval of request for extension of compliance. Based on the 
information provided in any request made under paragraph (b)(3)(ii)(C) 
of this section, or other information, the Administrator (or the State 
with an approved permit program) may grant an extension of compliance 
with the transfer rack emission standard, as specified in paragraph 
(b)(3)(ii) of this section. The extension will be in writing and will--
    (1) Identify each affected source covered by the extension;
    (2) Specify the termination date of the extension;
    (3) Specify the dates by which steps toward compliance are to be 
taken, if appropriate;
    (4) Specify other applicable requirements to which the compliance 
extension applies (e.g., performance tests);
    (5) Specify the contents of the progress reports to be submitted 
and the dates by which such reports are to be submitted, if required 
pursuant to paragraph (b)(3)(ii)(E) of this section.
    (6) Under paragraph (b)(3)(ii) of this section, specify any 
additional conditions that the Administrator (or the State) deems 
necessary to assure installation of the necessary controls and 
protection of the health of persons during the extension period.
    (E) Progress reports. The owner or operator of an existing source 
that has been granted an extension of compliance under paragraph 
(b)(3)(ii)(D) of this section may be required to submit to the 
Administrator (or the State with an approved permit program) progress 
reports indicating whether the steps toward compliance outlined in the 
compliance schedule have been reached.
    (F) Notification of approval or intention to deny.
    (1) The Administrator (or the State with an approved permit 
program) will notify the owner or operator in writing of approval or 
intention to deny approval of a request for an extension of compliance 
within 30 calendar days after receipt of sufficient information to 
evaluate a request submitted under paragraph (b)(3)(ii) of this 
section. The Administrator (or the State) will notify the owner or 
operator in writing of the status of his/her application; that is, 
whether the application contains sufficient information to make a 
determination, within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any 
supplementary information that is submitted. The 30-day approval or 
denial period will begin after the owner or operator has been notified 
in writing that his/her application is complete. Failure by the 
Administrator to act within 30 calendar days to approve or disapprove a 
request submitted under paragraph (b)(3)(ii) of this section does not 
constitute automatic approval of the request.
    (2) When notifying the owner or operator that his/her application 
is not complete, the Administrator will specify the information needed 
to complete the application and provide notice of opportunity for the 
applicant to present, in writing, within 30 calendar days after he/she 
is notified of the incomplete application, additional information or 
arguments to the Administrator to enable further action on the 
application.
    (3) Before denying any request for an extension of compliance, the 
Administrator (or the State with an approved permit program) will 
notify the owner or operator in writing of the Administrator's (or the 
State's) intention to issue the denial, together with:
    (i) Notice of the information and findings on which the intended 
denial is based; and
    (ii) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
intended denial, additional information or arguments to the 
Administrator (or the State) before further action on the request.
    (4) The Administrator's final determination to deny any request for 
an extension will be in writing and will set forth the specific grounds 
on which the denial is based. The final determination will be made 
within 30 calendar days after presentation of additional information or 
argument (if the application is complete), or within 30 calendar days 
after the final date specified for the presentation if no presentation 
is made.
    (G) Termination of extension of compliance. The Administrator (or 
the State with an approved permit program) may terminate an extension 
of compliance at an earlier date than specified if any specification 
under paragraph (b)(3)(ii)(D)(3) or paragraph (b)(3)(ii)(D)(4) of this 
section is not met. Upon a determination to terminate, the 
Administrator will notify, in writing, the owner or operator of the 
Administrator's determination to terminate, together with:
    (1) Notice of the reason for termination; and
    (2) Notice of opportunity for the owner or operator to present in 
writing, within 15 calendar days after he/she is notified of the 
determination to terminate, additional information or arguments to the 
Administrator before further action on the termination.
    (3) A final determination to terminate an extension of compliance 
will be in writing and will set forth the specific grounds on which the 
termination is based. The final determination will be made within 30 
calendar days after presentation of additional information or 
arguments, or within 30 calendar days after the final date specified 
for the presentation if no presentation is made.
    (H) The granting of an extension under this section shall not 
abrogate the Administrator's authority under section 114 of the CAA.
    (I) Limitation on use of compliance extension. The owner or 
operator may request an extension of compliance under the provisions 
specified in paragraph (b)(3)(ii) of this section only once for each 
facility.
* * * * *
    (d) You must meet the notification requirements in Sec. Sec.  
63.2343 and 63.2382(a), as applicable, according to the schedules in 
Sec.  63.2382(a) and (b)(1) through (3) and in subpart A of this part. 
Some of these notifications must be submitted before the compliance 
dates for the emission limitations, operating limits, and work practice 
standards in this subpart.

0
5. Section 63.2343 is added to subpart EEEE to read as follows:


Sec.  63.2343  What are my requirements for emission sources not 
requiring control?

    This section establishes the notification, recordkeeping, and 
reporting requirements for emission sources identified in Sec.  63.2338 
that do not require control under this subpart (i.e., under paragraphs 
(a) through (e) of Sec.  63.2346). Such emission sources are not 
subject to any other notification, recordkeeping, or reporting sections 
in this subpart, including Sec.  63.2350(c), except as indicated in 
paragraphs (a) through (d) of this section.
    (a) For each storage tank subject to this subpart having a capacity 
of less

[[Page 42907]]

than 18.9 cubic meters (5,000 gallons) and for each transfer rack 
subject to this subpart that only unloads organic liquids (i.e., no 
organic liquids are loaded at any of the transfer racks), you must keep 
documentation that verifies that each storage tank and transfer rack 
identified in paragraph (a) of this section is not required to be 
controlled. The documentation must be kept up-to-date (i.e., all such 
emission sources at a facility are identified in the documentation 
regardless of when the documentation was last compiled) and must be in 
a form suitable and readily available for expeditious inspection and 
review according to Sec.  63.10(b)(1), including records stored in 
electronic form in a separate location. The documentation may consist 
of identification of the tanks and transfer racks identified in 
paragraph (a) of this section on a plant site plan or process and 
instrumentation diagram (P&ID).
    (b) For each storage tank subject to this subpart having a capacity 
of 18.9 cubic meters (5,000 gallons) or more that is not subject to 
control based on the criteria specified in Table 2 to this subpart, 
items 1 through 6, you must comply with the requirements specified in 
paragraphs (b)(1) through (3) of this section.
    (1)(i) You must submit the information in Sec.  63.2386(c)(1), (2), 
(3), and (10)(i) in either the Notification of Compliance Status, 
according to the schedule specified in Table 12 to this subpart, or in 
your first Compliance report, according to the schedule specified in 
Sec.  63.2386(b), whichever occurs first.
    (ii)(A) If you submit your first Compliance report before your 
Notification of Compliance Status, the Notification of Compliance 
Status must contain the information specified in Sec.  63.2386(d)(3) 
and (4) if any of the changes identified in paragraph (d) of this 
section have occurred since the filing of the first Compliance report. 
If none of the changes identified in paragraph (d) of this section have 
occurred since the filing of the first Compliance report, you do not 
need to report the information specified in Sec.  63.2386(c)(10)(i) 
when you submit your Notification of Compliance Status.
    (B) If you submit your Notification of Compliance Status before 
your first Compliance report, your first Compliance report must contain 
the information specified in Sec.  63.2386(d)(3) and (4) if any of the 
changes specified in paragraph (d) of this section have occurred since 
the filing of the Notification of Compliance Status.
    (iii) If you are already submitting a Notification of Compliance 
Status or a first Compliance report under Sec.  63.2386(c), you do not 
need to submit a separate Notification of Compliance Status or first 
Compliance report for each storage tank that meets the conditions 
identified in paragraph (b) of this section (i.e., a single 
Notification of Compliance Status or first Compliance report should be 
submitted).
    (2)(i) You must submit a subsequent Compliance report according to 
the schedule in Sec.  63.2386(b) whenever any of the events in 
paragraph (d) of this section occur, as applicable.
    (ii) Your subsequent Compliance reports must contain the 
information in Sec.  63.2386(c)(1), (2), (3) and, as applicable, in 
Sec.  63.2386(d)(3) and (4). If you are already submitting a subsequent 
Compliance report under Sec.  63.2386(d), you do not need to submit a 
separate subsequent Compliance report for each storage tank that meets 
the conditions identified in paragraph (b) of this section (i.e., a 
single subsequent Compliance report should be submitted).
    (3) For each storage tank that meets the conditions identified in 
paragraph (b) of this section, you must keep documentation, including a 
record of the annual average true vapor pressure of the total Table 1 
organic HAP in the stored organic liquid, that verifies the storage 
tank is not required to be controlled under this subpart. The 
documentation must be kept up-to-date and must be in a form suitable 
and readily available for expeditious inspection and review according 
to Sec.  63.10(b)(1), including records stored in electronic form in a 
separate location.
    (c) For each transfer rack subject to this subpart that loads 
organic liquids but is not subject to control based on the criteria 
specified in Table 2 to this subpart, items 7 through 10, you must 
comply with the requirements specified in paragraphs (c)(1) through (3) 
of this section.
    (1)(i) You must submit the information in Sec.  63.2386(c)(1), (2), 
(3), and (10)(i) in either the Notification of Compliance Status, 
according to the schedule specified in Table 12 to this subpart, or a 
first Compliance report, according to the schedule specified in Sec.  
63.2386(b), whichever occurs first.
    (ii)(A) If you submit your first Compliance report before your 
Notification of Compliance Status, the Notification of Compliance 
Status must contain the information specified in Sec.  63.2386(d)(3) 
and (4) if any of the changes identified in paragraph (d) of this 
section have occurred since the filing of the first Compliance report. 
If none of the changes identified in paragraph (d) of this section have 
occurred since the filing of the first Compliance report, you do not 
need to report the information specified in Sec.  63.2386(c)(10)(i) 
when you submit your Notification of Compliance Status.
    (B) If you submit your Notification of Compliance Status before 
your first Compliance report, your first Compliance report must contain 
the information specified in Sec.  63.2386(d)(3) and (4) if any of the 
changes specified in paragraph (d) of this section have occurred since 
the filing of the Notification of Compliance Status.
    (iii) If you are already submitting a Notification of Compliance 
Status or a first Compliance report under Sec.  63.2386(c), you do not 
need to submit a separate Notification of Compliance Status or first 
Compliance report for each transfer rack that meets the conditions 
identified in paragraph (b) of this section (i.e., a single 
Notification of Compliance Status or first Compliance report should be 
submitted).
    (2)(i) You must submit a subsequent Compliance report according to 
the schedule in Sec.  63.2386(b) whenever any of the events in 
paragraph (d) of this section occur, as applicable.
    (ii) Your subsequent Compliance reports must contain the 
information in Sec.  63.2386(c)(1), (2), (3) and, as applicable, in 
Sec.  63.2386(d)(3) and (4). If you are already submitting a subsequent 
Compliance report under Sec.  63.2386(d), you do not need to submit a 
separate subsequent Compliance report for each transfer rack that meets 
the conditions identified in paragraph (c) of this section (i.e., a 
single subsequent Compliance report should be submitted).
    (3) For each transfer rack that meets the conditions identified in 
paragraph (c) of this section, you must keep documentation, including 
the records specified in Sec.  63.2390(d), that verifies the transfer 
rack is not required to be controlled under this subpart. The 
documentation must be kept up-to-date and must be in a form suitable 
and readily available for expeditious inspection and review according 
to Sec.  63.10(b)(1), including records stored in electronic form in a 
separate location.
    (d) If one or more of the events identified in paragraphs (d)(1) 
through (4) of this section occur since the filing of the Notification 
of Compliance Status or the last Compliance report, you must submit a 
subsequent Compliance report as specified in paragraphs (b)(3) and 
(c)(3) of this section.
    (1) Any storage tank or transfer rack became subject to control 
under this subpart EEEE; or
    (2) Any storage tank equal to or greater than 18.9 cubic meters 
(5,000

[[Page 42908]]

gallons) became part of the affected source but is not subject to any 
of the emission limitations, operating limits, or work practice 
standards of this subpart; or
    (3) Any transfer rack (except those racks at which only unloading 
of organic liquids occurs) became part of the affected source; or
    (4) Any of the information required in Sec.  63.2386(c)(1), Sec.  
63.2386(c)(2), or Sec.  63.2386(c)(3) has changed.

0
6. Section 63.2346 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising paragraph (a)(2);
0
c. Adding a new paragraph (a)(4);
0
d. Revising paragraph (b) introductory text;
0
e. Revising paragraph (b)(2);
0
f. Revising paragraph (b)(3);
0
g. Revising paragraph (d) introductory text;
0
h. Revising paragraph (e); and
0
i. Removing and reserving paragraph (h) to read as follows:


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

    (a) Storage tanks. For each storage tank storing organic liquids 
that meets the tank capacity and liquid vapor pressure criteria for 
control in Table 2 to this subpart, items 1 through 5, you must comply 
with paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section. For 
each storage tank storing organic liquids that meets the tank capacity 
and liquid vapor pressure criteria for control in Table 2 to this 
subpart, item 6, you must comply with paragraph (a)(1), (a)(2), or 
(a)(4) of this section.
* * * * *
    (2) Route emissions to fuel gas systems or back into a process as 
specified in 40 CFR part 63, subpart SS.
* * * * *
    (4) Use a vapor balancing system that complies with the 
requirements specified in paragraphs (a)(4)(i) through (vii) of this 
section and with the recordkeeping requirements specified in Sec.  
63.2390(e).
    (i) The vapor balancing system must be designed and operated to 
route organic HAP vapors displaced from loading of the storage tank to 
the transport vehicle from which the storage tank is filled.
    (ii) Transport vehicles must have a current certification in 
accordance with the United States Department of Transportation (U.S. 
DOT) pressure test requirements of 49 CFR part 180 for cargo tanks and 
49 CFR 173.31 for tank cars.
    (iii) Organic liquids must only be unloaded from cargo tanks or 
tank cars when vapor collection systems are connected to the storage 
tank's vapor collection system.
    (iv) No pressure relief device on the storage tank, or on the cargo 
tank or tank car, shall open during loading or as a result of diurnal 
temperature changes (breathing losses).
    (v) Pressure relief devices must be set to no less than 2.5 pounds 
per square inch guage (psig) at all times to prevent breathing losses. 
Pressure relief devices may be set at values less than 2.5 psig if the 
owner or operator provides rationale in the notification of compliance 
status report explaining why the alternative value is sufficient to 
prevent breathing losses at all times. The owner or operator shall 
comply with paragraphs (a)(4)(iv)(A) through (C) of this section for 
each pressure relief valve.
    (A) The pressure relief valve shall be monitored quarterly using 
the method described in Sec.  63.180(b).
    (B) An instrument reading of 500 parts per million by volume (ppmv) 
or greater defines a leak.
    (C) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 5 days after it is detected, and the 
owner or operator shall comply with the recordkeeping requirements of 
Sec.  63.181(d)(1) through (4).
    (vi) Cargo tanks and tank cars that deliver organic liquids to a 
storage tank must be reloaded or cleaned at a facility that utilizes 
the control techniques specified in paragraph (a)(4)(vi)(A) or 
(a)(4)(vi)(B) of this section.
    (A) The cargo tank or tank car must be connected to a closed-vent 
system with a control device that reduces inlet emissions of total 
organic HAP by 95 percent by weight or greater or to an exhaust 
concentration less than or equal to 20 ppmv, on a dry basis corrected 
to 3 percent oxygen for combustion devices using supplemental 
combustion air.
    (B) A vapor balancing system designed and operated to collect 
organic HAP vapor displaced from the cargo tank or tank car during 
reloading must be used to route the collected vapor to the storage tank 
from which the liquid being transferred originated or to another 
storage tank connected to a common header.
    (vii) The owner or operator of the facility where the cargo tank or 
tank car is reloaded or cleaned must comply with paragraphs 
(a)(4)(vii)(A) through (D) of this section.
    (A) Submit to the owner or operator of the storage tank and to the 
Administrator a written certification that the reloading or cleaning 
facility will meet the requirements of paragraph (a)(4)(vii)(A) through 
(C) of this section. The certifying entity may revoke the written 
certification by sending a written statement to the owner or operator 
of the storage tank giving at least 90 days notice that the certifying 
entity is rescinding acceptance of responsibility for compliance with 
the requirements of this paragraph (a)(4)(vii) of this section.
    (B) If complying with paragraph (a)(4)(vi)(A) of this section, 
comply with the requirements for a closed vent system and control 
device as specified in this subpart EEEE. The notification requirements 
in Sec.  63.2382 and the reporting requirements in Sec.  63.2386 do not 
apply to the owner or operator of the offsite cleaning or reloading 
facility.
    (C) If complying with paragraph (a)(4)(vi)(B) of this section, keep 
the records specified in Sec.  63.2390(e)(3) or equivalent 
recordkeeping approved by the Administrator.
    (D) After the compliance dates specified in Sec.  63.2342, at an 
offsite reloading or cleaning facility subject to Sec.  63.2346(a)(4), 
compliance with the monitoring, recordkeeping, and reporting provisions 
of any other subpart of this part 63 that has monitoring, 
recordkeeping, and reporting provisions constitutes compliance with the 
monitoring, recordkeeping and reporting provisions of Sec.  
63.2346(a)(4)(vii)(B) or Sec.  63.2346(a)(4)(vii)(C). You must identify 
in your notification of compliance status report required by Sec.  
63.2382(d) the subpart of this part 63 with which the owner or operator 
of the offsite reloading or cleaning facility complies.
    (b) Transfer racks. For each transfer rack that is part of the 
collection of transfer racks that meets the total actual annual 
facility-level organic liquid loading volume criterion for control in 
Table 2 to this subpart, items 7 through 10, you must comply with 
paragraph (b)(1), (b)(2), or (b)(3) of this section for each arm in the 
transfer rack loading an organic liquid whose organic HAP content meets 
the organic HAP criterion for control in Table 2 to this subpart, items 
7 through 10. For existing affected sources, you must comply with 
paragraph (b)(1), (b)(2), or (b)(3)(i) of this section during the 
loading of organic liquids into transport vehicles. For new affected 
sources, you must comply with paragraph (b)(1), (b)(2), or (b)(3)(i) 
and (ii) of this section during the loading of organic liquids into 
transport vehicles and containers. If the total actual annual facility-
level organic liquid loading volume at any affected source is equal to 
or greater than the loading volume criteria for control in

[[Page 42909]]

Table 2 to this subpart, but at a later date is less than the loading 
volume criteria for control, compliance with paragraph (b)(1), (b)(2), 
or (b)(3) of this section is no longer required. For new sources and 
reconstructed sources, as defined in Sec.  63.2338(d) and (e), if at a 
later date, the total actual annual facility-level organic liquid 
loading volume again becomes equal to or greater than the loading 
volume criteria for control in Table 2 to this subpart, the owner or 
operator must comply with paragraph (b)(1), (b)(2), or (b)(3)(i) and 
(ii) of this section immediately, as specified in Sec.  63.2342(a)(3). 
For existing sources, as defined in Sec.  63.2338(f), if at a later 
date, the total actual annual facility-level organic liquid loading 
volume again becomes equal to or greater than the loading volume 
criteria for control in Table 2 to this subpart, the owner or operator 
must comply with paragraph (b)(1), (b)(2), or (b)(3)(i) of this section 
immediately, as specified in Sec.  63.2342(b)(3)(i), unless an 
alternative compliance schedule has been approved under Sec.  
63.2342(b)(3)(ii) and subject to the use limitation specified in Sec.  
63.2342(b)(3)(ii)(I).
* * * * *
    (2) Route emissions to fuel gas systems or back into a process as 
specified in 40 CFR part 63, subpart SS.
    (3)(i) Use a vapor balancing system that routes organic HAP vapors 
displaced from the loading of organic liquids into transport vehicles 
to the storage tank from which the liquid being loaded originated or to 
another storage tank connected to a common header.
    (ii) Use a vapor balancing system that routes the organic HAP 
vapors displaced from the loading of organic liquids into containers 
directly (e.g., no intervening tank or containment area such as a room) 
to the storage tank from which the liquid being loaded originated or to 
another storage tank connected to a common header.
* * * * *
    (d) Transport vehicles. For each transport vehicle equipped with 
vapor collection equipment that is loaded at a transfer rack that is 
subject to control based on the criteria specified in Table 2 to this 
subpart, items 7 through 10, you must comply with paragraph (d)(1) of 
this section. For each transport vehicle without vapor collection 
equipment that is loaded at a transfer rack that is subject to control 
based on the criteria specified in Table 2 to this subpart, items 7 
through 10, you must comply with paragraph (d)(2) of this section.
* * * * *
    (e) Operating limits. For each high throughput transfer rack, you 
must meet each operating limit in Table 3 to this subpart for each 
control device used to comply with the provisions of this subpart 
whenever emissions from the loading of organic liquids are routed to 
the control device. For each storage tank and low throughput transfer 
rack, you must comply with the requirements for monitored parameters as 
specified in subpart SS of this part for storage vessels and, during 
the loading of organic liquids, for low throughput transfer racks, 
respectively. Alternatively, you may comply with the operating limits 
in Table 3 to this subpart.
* * * * *

0
7. Section 63.2350 is amended by revising paragraph (c) to read as 
follows:


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

* * * * *
    (c) Except for emission sources not required to be controlled as 
specified in Sec.  63.2343, you must develop a written startup, 
shutdown, and malfunction (SSM) plan according to the provisions in 
Sec.  63.6(e)(3).

0
8. Section 63.2354 is amended by revising paragraphs (a)(3) and (b)(3) 
to read as follows:


Sec.  63.2354  What performance tests, design evaluations, and 
performance evaluations must I conduct?

    (a)(1) * * *
    (3) For each performance evaluation of a continuous emission 
monitoring system (CEMS) you conduct, you must follow the requirements 
in Sec.  63.8(e).
    (b)(1) * * *
    (3)(i) In addition to EPA Method 25 or 25A of 40 CFR part 60, 
appendix A, to determine compliance with the organic HAP or TOC 
emission limit, you may use EPA Method 18 of 40 CFR part 60, appendix 
A, as specified in paragraph (b)(3)(i) of this section. As an 
alternative to EPA Method 18, you may use ASTM D6420-99 (Reapproved 
2004), Standard Test Method for Determination of Gaseous Organic 
Compounds by Direct Interface Gas Chromatography-Mass Spectrometry 
(incorporated by reference, see Sec.  63.14), under the conditions 
specified in paragraph (b)(3)(ii) of this section.
    (A) If you use EPA Method 18 to measure compliance with the 
percentage efficiency limit, you must first determine which organic HAP 
are present in the inlet gas stream (i.e., uncontrolled emissions) 
using knowledge of the organic liquids or the screening procedure 
described in EPA Method 18. In conducting the performance test, you 
must analyze samples collected as specified in EPA Method 18, 
simultaneously at the inlet and outlet of the control device. Quantify 
the emissions for the same organic HAP identified as present in the 
inlet gas stream for both the inlet and outlet gas streams of the 
control device.
    (B) If you use EPA Method 18 of 40 CFR part 60, appendix A, to 
measure compliance with the emission concentration limit, you must 
first determine which organic HAP are present in the inlet gas stream 
using knowledge of the organic liquids or the screening procedure 
described in EPA Method 18. In conducting the performance test, analyze 
samples collected as specified in EPA Method 18 at the outlet of the 
control device. Quantify the control device outlet emission 
concentration for the same organic HAP identified as present in the 
inlet or uncontrolled gas stream.
    (ii) You may use ASTM D6420-99 (Reapproved 2004), Standard Test 
Method for Determination of Gaseous Organic Compounds by Direct 
Interface Gas Chromatography-Mass Spectrometry (incorporated by 
reference, see Sec.  63.14), as an alternative to EPA Method 18 if the 
target concentration is between 150 parts per billion by volume and 100 
ppmv and either of the conditions specified in paragraph (b)(2)(ii)(A) 
or (B) of this section exists. For target compounds not listed in 
Section 1.1 of ASTM D6420-99 (Reapproved 2004) and not amenable to 
detection by mass spectrometry, you may not use ASTM D6420-99 
(Reapproved 2004).
    (A) The target compounds are those listed in Section 1.1 of ASTM 
D6420-99 (Reapproved 2004), Standard Test Method for Determination of 
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry (incorporated by reference, see Sec.  63.14),; or
    (B) For target compounds not listed in Section 1.1 of ASTM D6420-99 
(Reapproved 2004), Standard Test Method for Determination of Gaseous 
Organic Compounds by Direct Interface Gas Chromatography-Mass 
Spectrometry (incorporated by reference, see Sec.  63.14), but 
potentially detected by mass spectrometry, the additional system 
continuing calibration check after each run, as detailed in ASTM D6420-
99 (Reapproved 2004), Section 10.5.3, must be followed, met, 
documented, and submitted with the data report, even if there is no 
moisture

[[Page 42910]]

condenser used or the compound is not considered water-soluble.
* * * * *

0
9. Section 63.2362 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  63.2362  When must I conduct subsequent performance tests?

* * * * *
    (b)(1) For each transport vehicle that you own that is equipped 
with vapor collection equipment and that is loaded with organic liquids 
at a transfer rack that is subject to control based on the criteria 
specified in Table 2 to this subpart, items 7 through 10, you must 
perform the vapor tightness testing required in Table 5 to this 
subpart, item 2, on that transport vehicle at least once per year.
* * * * *

0
10. Section 63.2370 is amended by revising paragraph (c) to read as 
follows:


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

* * * * *
    (c) You must submit the results of the initial compliance 
determination in the Notification of Compliance Status according to the 
requirements in Sec.  63.2382(d).

0
11. Section 63.2382 is amended by revising paragraphs (d)(2)(iv), (v), 
(vi), (vii), and (viii) to read as follows:


Sec.  63.2382  What notifications must I submit and when and what 
information should be submitted?

* * * * *
    (d) * * *
    (2) * * *
    (iv) Descriptions of worst-case operating and/or testing conditions 
for the control device(s).
    (v) Identification of emission sources subject to overlapping 
requirements described in Sec.  63.2396 and the authority under which 
you will comply.
    (vi) The applicable information specified in Sec.  63.1039(a)(1) 
through (3) for all pumps and valves subject to the work practice 
standards for equipment leak components in Table 4 to this subpart, 
item 4.
    (vii) If you are complying with the vapor balancing work practice 
standard for transfer racks according to Table 4 to this subpart, item 
3.a, include a statement to that effect and a statement that the 
pressure vent settings on the affected storage tanks are greater than 
or equal to 2.5 psig.
    (viii) The information specified in Sec.  63.2386(c)(10)(i), unless 
the information has already been submitted with the first Compliance 
report. If the information specified in Sec.  63.2386(c)(10)(i) has 
already been submitted with the first Compliance report, the 
information specified in Sec.  63.2386(d)(3) and (4), as applicable, 
shall be submitted instead.

0
12. Section 63.2386 is amended by:
0
a. Revising paragraph (b)(3);
0
b. Revising paragraph (c)(4);
0
c. Revising paragraphs (c)(9) and (c)(10);
0
d. Revising paragraph (d) introductory text;
0
e. Removing paragraph (d)(3); and
0
f. Adding new paragraphs (d)(3) and (d)(4) to read as follows:


Sec.  63.2386  What reports must I submit and when and what information 
is to be submitted in each?

* * * * *
    (b) * * *
    (3) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent Compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) and (2) of this 
section.
    (c) * * *
    (4) Any changes to the information listed in Sec.  63.2382(d)(2) 
that have occurred since the submittal of the Notification of 
Compliance Status.
* * * * *
    (9) A listing of all transport vehicles into which organic liquids 
were loaded at transfer racks that are subject to control based on the 
criteria specified in Table 2 to this subpart, items 7 through 10, 
during the previous 6 months for which vapor tightness documentation as 
required in Sec.  63.2390(c) was not on file at the facility.
    (10)(i) A listing of all transfer racks (except those racks at 
which only unloading of organic liquids occurs) and of tanks greater 
than or equal to 18.9 cubic meters (5,000 gallons) that are part of the 
affected source but are not subject to any of the emission limitations, 
operating limits, or work practice standards of this subpart.
    (ii) If the information specified in paragraph (c)(10)(i) of this 
section has already been submitted with the Notification of Compliance 
Status, the information specified in paragraphs (d)(3) and (4) of this 
section, as applicable, shall be submitted instead.
    (d) Subsequent Compliance reports. Subsequent Compliance reports 
must contain the information in paragraphs (c)(1) through (9) of this 
section and, where applicable, the information in paragraphs (d)(1) 
through (4) of this section.
* * * * *
    (3)(i) A listing of any storage tank that became subject to 
controls based on the criteria for control specified in Table 2 to this 
subpart, items 1 through 6, since the filing of the last Compliance 
report.
    (ii) A listing of any transfer rack that became subject to controls 
based on the criteria for control specified in Table 2 to this subpart, 
items 7 through 10, since the filing of the last Compliance report.
    (4)(i) A listing of tanks greater than or equal to 18.9 cubic 
meters (5,000 gallons) that became part of the affected source but are 
not subject to any of the emission limitations, operating limits, or 
work practice standards of this subpart, since the last Compliance 
report.
    (ii) A listing of all transfer racks (except those racks at which 
only the unloading of organic liquids occurs) that became part of the 
affected source but are not subject to any of the emission limitations, 
operating limits, or work practice standards of this subpart, since the 
last Compliance report.
* * * * *

0
13. Section 63.2390 is amended by:
0
a. Revising paragraphs (a) and (b);
0
b. Revising paragraph (c) introductory text;
0
c. Redesignating paragraph (c)(3) as paragraph (d);
0
d. Adding a new paragraph (c)(3);
0
e. Revising newly designated paragraph (d); and
0
f. Adding a new paragraph (e) to read as follows:


Sec.  63.2390  What records must I keep?

    (a) For each emission source identified in Sec.  63.2338 that does 
not require control under this subpart, you must keep all records 
identified in Sec.  63.2343.
    (b) For each emission source identified in Sec.  63.2338 that does 
require control under this subpart:
    (1) You must keep all records identified in subpart SS of this part 
and in Table 12 to this subpart that are applicable, including records 
related to notifications and reports, SSM, performance tests, CMS, and 
performance evaluation plans; and
    (2) You must keep the records required to show continuous 
compliance, as required in subpart SS of this part and in Tables 8 
through 10 to this subpart, with each emission limitation, operating 
limit, and work practice standard that applies to you.

[[Page 42911]]

    (c) For each transport vehicle into which organic liquids are 
loaded at a transfer rack that is subject to control based on the 
criteria specified in Table 2 to this subpart, items 7 through 10, you 
must keep the applicable records in paragraphs (c)(1) and (2) of this 
section or alternatively the verification records in paragraph (c)(3) 
of this section.
* * * * *
    (3) In lieu of keeping the records specified in paragraph (c)(1) or 
(2) of this section, as applicable, the owner or operator shall record 
that the verification of U.S. DOT tank certification or Method 27 of 
appendix A to 40 CFR part 60 testing, required in Table 5 to this 
subpart, item 2, has been performed. Various methods for the record of 
verification can be used, such as: A check-off on a log sheet, a list 
of U.S. DOT serial numbers or Method 27 data, or a position description 
for gate security showing that the security guard will not allow any 
trucks on site that do not have the appropriate documentation.
    (d) You must keep records of the total actual annual facility-level 
organic liquid loading volume as defined in Sec.  63.2406 through 
transfer racks to document the applicability, or lack thereof, of the 
emission limitations in Table 2 to this subpart, items 7 through 10.
    (e) An owner or operator who elects to comply with Sec.  
63.2346(a)(4) shall keep the records specified in paragraphs (e)(1) 
through (3) of this section.
    (1) A record of the U.S. DOT certification required by Sec.  
63.2346(a)(4)(ii).
    (2) A record of the pressure relief vent setting specified in Sec.  
63.2348(a)(4)(v).
    (3) If complying with Sec.  63.2348(a)(4)(vi)(B), keep the records 
specified in paragraphs (e)(3)(i) and (ii) of this section.
    (i) A record of the equipment to be used and the procedures to be 
followed when reloading the cargo tank or tank car and displacing 
vapors to the storage tank from which the liquid originates.
    (ii) A record of each time the vapor balancing system is used to 
comply with Sec.  63.2348(a)(4)(vi)(B).

0
14. Section 63.2394 is amended by revising paragraph (a) to read as 
follows:


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

    (a) Your records must be in a form suitable and readily available 
for expeditious inspection and review according to Sec.  63.10(b)(1), 
including records stored in electronic form at a separate location.
* * * * *

0
15. Section 63.2396 is amended by revising paragraphs (a), (b), and (e) 
to read as follows:


Sec.  63.2396  What compliance options do I have if part of my plant is 
subject to both this subpart and another subpart?

    (a) Compliance with other regulations for storage tanks.
    (1) After the compliance dates specified in Sec.  63.2342, you are 
in compliance with the provisions of this subpart for any storage tank 
that is assigned to the OLD affected source and that is both controlled 
with a floating roof and is in compliance with the provisions of either 
40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, except that 
records shall be kept for 5 years rather than 2 years for storage tanks 
that are assigned to the OLD affected source.
    (2) After the compliance dates specified in Sec.  63.2342, you are 
in compliance with the provisions of this subpart for any storage tank 
with a fixed roof that is assigned to the OLD affected source and that 
is both controlled with a closed vent system and control device and is 
in compliance with either 40 CFR part 60, subpart Kb, or 40 CFR part 
61, subpart Y, except that you must comply with the monitoring, 
recordkeeping, and reporting requirements in this subpart.
    (3) As an alternative to paragraphs (a)(1) and (2) of this section, 
if a storage tank assigned to the OLD affected source is subject to 
control under 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, 
you may elect to comply only with the requirements of this subpart for 
storage tanks meeting the applicability criteria for control in Table 2 
to this subpart.
    (b) Compliance with other regulations for transfer racks. After the 
compliance dates specified in Sec.  63.2342, if you have a transfer 
rack that is subject to 40 CFR part 61, subpart BB, and that transfer 
rack is in OLD operation, you must meet all of the requirements of this 
subpart for that transfer rack when the transfer rack is in OLD 
operation during the loading of organic liquids.
* * * * *
    (e) Overlap with other regulations for monitoring, recordkeeping, 
and reporting.
    (1) Control devices. After the compliance dates specified in Sec.  
63.2342, if any control device subject to this subpart is also subject 
to monitoring, recordkeeping, and reporting requirements of another 40 
CFR part 63 subpart, the owner or operator must be in compliance with 
the monitoring, recordkeeping, and reporting requirements of this 
subpart EEEE. If complying with the monitoring, recordkeeping, and 
reporting requirements of the other subpart satisfies the monitoring, 
recordkeeping, and reporting requirements of this subpart, the owner or 
operator may elect to continue to comply with the monitoring, 
recordkeeping, and reporting requirements of the other subpart. In such 
instances, the owner or operator will be deemed to be in compliance 
with the monitoring, recordkeeping, and reporting requirements of this 
subpart. The owner or operator must identify the other subpart being 
complied with in the Notification of Compliance Status required by 
Sec.  63.2382(b).
    (2) Equipment leak components. After the compliance dates specified 
in Sec.  63.2342, if you are applying the applicable recordkeeping and 
reporting requirements of another 40 CFR part 63 subpart to the valves, 
pumps, and sampling connection systems associated with a transfer rack 
subject to this subpart that only unloads organic liquids directly to 
or via pipeline to a non-tank process unit component or to a storage 
tank subject to the other 40 CFR part 63 subpart, the owner or operator 
must be in compliance with the recordkeeping and reporting requirements 
of this subpart EEEE. If complying with the recordkeeping and reporting 
requirements of the other subpart satisfies the recordkeeping and 
reporting requirements of this subpart, the owner or operator may elect 
to continue to comply with the recordkeeping and reporting requirements 
of the other subpart. In such instances, the owner or operator will be 
deemed to be in compliance with the recordkeeping and reporting 
requirements of this subpart. The owner or operator must identify the 
other subpart being complied with in the Notification of Compliance 
Status required by Sec.  63.2382(b).

0
16. Section 63.2402 is amended by revising paragraphs (b)(2), (b)(3), 
and (b)(4) to read as follows:


Sec.  63.2402  Who implements and enforces this subpart?

* * * * *
    (b) * * *
    (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.

0
17. Section 63.2406 is amended by:
0
a. Revising the introductory text;

[[Page 42912]]

0
b. Revising the definitions of ``Annual average true vapor pressure,'' 
``Shutdown,'' ``Startup,'' paragraph (3) in the definition of ``Storage 
tank,'' ``Transfer rack,'' ``Vapor balancing system,'' and ``Vapor 
collection system;'' and
0
c. Adding in alphabetical order definitions for ``Bottoms receiver,'' 
``High throughput transfer rack,'' ``Low throughput transfer rack,'' 
``Surge control vessel,'' and ``Total actual annual facility-level 
organic liquid loading volume'' to read as follows:


Sec.  63.2406  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec.  63.2, 
40 CFR part 63, subparts H, PP, SS, TT, UU, and WW, and in this 
section. If the same term is defined in another subpart and in this 
section, it will have the meaning given in this section for purposes of 
this subpart. Notwithstanding the introductory language in Sec.  
63.921, the terms ``container'' and ``safety device'' shall have the 
meaning found in this subpart and not in Sec.  63.921.
* * * * *
    Annual average true vapor pressure means the equilibrium partial 
pressure exerted by the total Table 1 organic HAP in the stored or 
transferred organic liquid. For the purpose of determining if a liquid 
meets the definition of an organic liquid, the vapor pressure is 
determined using standard conditions of 77 degrees F and 29.92 inches 
of mercury. For the purpose of determining whether an organic liquid 
meets the applicability criteria in Table 2, items 1 through 6, to this 
subpart, use the actual annual average temperature as defined in this 
subpart. The vapor pressure value in either of these cases is 
determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss from External Floating-
Roof Tanks (incorporated by reference, see Sec.  63.14);
    (2) Using standard reference texts;
    (3) By the American Society for Testing and Materials Method D2879-
83, 96 (incorporated by reference, see Sec.  63.14); or
    (4) Using any other method that the EPA approves.
* * * * *
    Bottoms receiver means a tank that collects distillation bottoms 
before the stream is sent for storage or for further processing 
downstream.
* * * * *
    High throughput transfer rack means those transfer racks that 
transfer into transport vehicles (for existing affected sources) or 
into transport vehicles and containers (for new affected sources) a 
total of 11.8 million liters per year or greater of organic liquids.
* * * * *
    Low throughput transfer rack means those transfer racks that 
transfer into transport vehicles (for existing affected sources) or 
into transport vehicles and containers (for new affected sources) less 
than 11.8 million liters per year of organic liquids.
* * * * *
    Shutdown means the cessation of operation of an OLD affected 
source, or portion thereof (other than as part of normal operation of a 
batch-type operation), including equipment required or used to comply 
with this subpart, or the emptying and degassing of a storage tank. 
Shutdown as defined here includes, but is not limited to, events that 
result from periodic maintenance, replacement of equipment, or repair.
    Startup means the setting in operation of an OLD affected source, 
or portion thereof (other than as part of normal operation of a batch-
type operation), for any purpose. Startup also includes the placing in 
operation of any individual piece of equipment required or used to 
comply with this subpart including, but not limited to, control devices 
and monitors.
    Storage tank * * *
    (3) Bottoms receivers;
* * * * *
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within chemical 
manufacturing processes when in-process storage, mixing, or management 
of flow rates or volumes is needed to assist in production of a 
product.
* * * * *
    Total actual annual facility-level organic liquid loading volume 
means the total facility-level actual volume of organic liquid loaded 
for transport within or out of the facility through transfer racks that 
are part of the affected source into transport vehicles (for existing 
affected sources) or into transport vehicles and containers (for new 
affected sources) based on a 3-year rolling average, calculated 
annually.
    (1) For existing affected sources, each 3-year rolling average is 
based on actual facility-level loading volume during each calendar year 
(January 1 through December 31) in the 3-year period. For calendar year 
2004 only (the first year of the initial 3-year rolling average), if an 
owner or operator of an affected source does not have actual loading 
volume data for the time period from January 1, 2004, through February 
2, 2004 (the time period prior to the effective date of the OLD 
NESHAP), the owner or operator shall compute a facility-level loading 
volume for this time period as follows: At the end of the 2004 calendar 
year, the owner or operator shall calculate a daily average facility-
level loading volume (based on the actual loading volume for February 
3, 2004, through December 31, 2004) and use that daily average to 
estimate the facility-level loading volume for the period of time from 
January 1, 2004, through February 2, 2004. The owner or operator shall 
then sum the estimated facility-level loading volume from January 1, 
2004, through February 2, 2004, and the actual facility-level loading 
volume from February 3, 2004, through December 31, 2004, to calculate 
the annual facility-level loading volume for calendar year 2004.
    (2)(i) For new affected sources, the 3-year rolling average is 
calculated as an average of three 12-month periods. An owner or 
operator must select as the beginning calculation date with which to 
start the calculations as either the initial startup date of the new 
affected source or the first day of the calendar month following the 
month in which startup occurs. Once selected, the date with which the 
calculations begin cannot be changed.
    (ii) The initial 3-year rolling average is based on the projected 
maximum facility-level annual loading volume for each of the 3 years 
following the selected beginning calculation date. The second 3-year 
rolling average is based on actual facility-level loading volume for 
the first year of operation plus a new projected maximum facility-level 
annual loading volume for second and third years following the selected 
beginning calculation date. The third 3-year rolling average is based 
on actual facility-level loading volume for the first 2 years of 
operation plus a new projected maximum annual facility-level loading 
volume for the third year following the beginning calculation date. 
Subsequent 3-year rolling averages are based on actual facility-level 
loading volume for each year in the 3-year rolling average.
* * * * *
    Transfer rack means a single system used to load organic liquids 
into, or unload organic liquids out of, transport vehicles or 
containers. It includes all loading and unloading arms, pumps, meters, 
shutoff valves, relief valves, and other piping and equipment necessary 
for the transfer operation. Transfer equipment and operations that are 
physically separate (i.e., do not share

[[Page 42913]]

common piping, valves, and other equipment) are considered to be 
separate transfer racks.
* * * * *
    Vapor balancing system means: (1) A piping system that collects 
organic HAP vapors displaced from transport vehicles or containers 
during loading and routes the collected vapors to the storage tank from 
which the liquid being loaded originated or to another storage tank 
connected to a common header. For containers, the piping system must 
route the displaced vapors directly to the appropriate storage tank or 
to another storage tank connected to a common header in order to 
qualify as a vapor balancing system; or (2) a piping system that 
collects organic HAP vapors displaced from the loading of a storage 
tank and routes the collected vapors to the transport vehicle from 
which the storage tank is filled.
    Vapor collection system means any equipment located at the source 
(i.e., at the OLD operation) that is not open to the atmosphere; that 
is composed of piping, connections, and, if necessary, flow-inducing 
devices; and that is used for:
    (1) Containing and conveying vapors displaced during the loading of 
transport vehicles to a control device;
    (2) Containing and directly conveying vapors displaced during the 
loading of containers; or
    (3) Vapor balancing. This does not include any of the vapor 
collection equipment that is installed on the transport vehicle.
* * * * *

0
18. Table 1 to subpart EEEE of part 63 is amended by removing the entry 
for methyl ethyl ketone (2-Butanone) (MEK).

0
19. Table 2 to subpart EEEE of part 63 is amended by revising entries 
1, 6, 7, 8, 9, and 10 to read as follows:

          Table 2 to Subpart EEEE of Part 63.--Emission Limits
                              * * * * * * *
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
1. A storage tank at an       a. The stored         i. Reduce emissions
 existing affected source      organic liquid is     of total organic
 with a capacity >=18.9        not crude oil and     HAP (or, upon
 cubic meters (5,000           if the annual         approval, TOC) by
 gallons) and <189.3 cubic     average true vapor    at least 95 weight-
 meters (50,000 gallons).      pressure of the       percent or, as an
                               total Table 1         option, to an
                               organic HAP in the    exhaust
                               stored organic        concentration less
                               liquid is >=27.6      than or equal to 20
                               kilopascals (4.0      ppmv, on a dry
                               psia) and <76.6       basis corrected to
                               kilopascals (11.1     3 percent oxygen
                               psia).                for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS; OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, items 1.a,
                                                     1.b, or 1.c for
                                                     tanks storing
                                                     liquids described
                                                     in that table.
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil.            1.a.i or 1.a.ii of
                                                     this table.
 
                              * * * * * * *
6. A storage tank at an       a. The stored         i. Reduce emissions
 existing, reconstructed, or   organic liquid is     of total organic
 new affected source meeting   not crude oil and     HAP (or, upon
 the capacity criteria         if the annual         approval, TOC) by
 specified in Table 2 of       average true vapor    at least 95 weight-
 this subpart, items 1         pressure of the       percent or, as an
 through 5.                    total Table 1         option, to an
                               organic HAP in the    exhaust
                               stored organic        concentration less
                               liquid is >=76.6      than or equal to 20
                               kilopascals (11.1     ppmv, on a dry
                               psia).                basis corrected to
                                                     3 percent oxygen
                                                     for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS; OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, item 2.a,
                                                     for tanks storing
                                                     the liquids
                                                     described in that
                                                     table.
7. A transfer rack at an      a. The total Table 1  i. For all such
 existing facility where the   organic HAP content   loading arms at the
 total actual annual           of the organic        rack, reduce
 facility-level organic        liquid being loaded   emissions of total
 liquid loading volume         through one or more   organic HAP (or,
 through transfer racks is     of the transfer       upon approval, TOC)
 equal to or greater than      rack's arms is at     from the loading of
 800,000 gallons and less      least 98 percent by   organic liquids
 than 10 million gallons.      weight and is being   either by venting
                               loaded into a         the emissions that
                               transport vehicle.    occur during
                                                     loading through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS,
                                                     achieving at least
                                                     98 weight-percent
                                                     HAP reduction, OR,
                                                     as an option, to an
                                                     exhaust
                                                     concentration less
                                                     than or equal to 20
                                                     ppmv, on a dry
                                                     basis corrected to
                                                     3 percent oxygen
                                                     for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item 3
                                                     of Table 4 to this
                                                     subpart.

[[Page 42914]]

 
8. A transfer rack at an      a. One or more of     i. See the
 existing facility where the   the transfer rack's   requirements in
 total actual annual           arms is loading an    items 7.a.i and
 facility-level organic        organic liquid into   7.a.ii of this
 liquid loading volume         a transport vehicle.  table.
 through transfer racks is
 >=10 million gallons..
9. A transfer rack at a new   a. The total Table 1  i. See the
 facility where the total      organic HAP content   requirements in
 actual annual facility-       of the organic        items 7.a.i and
 level organic liquid          liquid being loaded   7.a.ii of this
 loading volume through        through one or more   table.
 transfer racks is less than   of the transfer
 800,000 gallons.              rack's arms is at
                               least 25 percent by
                               weight and is being
                               loaded into a
                               transport vehicle.
                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR ii.
                                                     During the loading
                                                     of organic liquids,
                                                     comply with the
                                                     work practice
                                                     standards specified
                                                     in item 3.a of
                                                     Table 4 to this
                                                     subpart.
10. A transfer rack at a new  a. One or more of     i. See the
 facility where the total      the transfer rack's   requirements in
 actual annual facility-       arms is loading an    items 7.a.i and
 level organic liquid          organic liquid into   7.a.ii of this
 loading volume through        a transport vehicle.  table.
 transfer racks is equal to
 or greater than 800,000
 gallons.
                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.
------------------------------------------------------------------------


0
20. Table 3 to subpart EEEE of part 63 is amended by revising entries 
3, 5, 6, and 8 to read as follows:

 Table 3 to Subpart EEEE of Part 63.--Operating Limits--High Throughput
                             Transfer Racks
                              * * * * * * *
------------------------------------------------------------------------
 For each existing, each reconstructed,
 and each new affected source using . .           You must . . .
                   .
------------------------------------------------------------------------
 
                              * * * * * * *
3. An absorber to comply with an         a. Maintain the daily average
 emission limit in Table 2 to this        concentration level of organic
 subpart.                                 compounds in the absorber
                                          exhaust less than or equal to
                                          the reference concentration
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; OR
                                         b. Maintain the daily average
                                          scrubbing liquid temperature
                                          less than or equal to the
                                          reference temperature
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; AND
                                         Maintain the difference between
                                          the specific gravities of the
                                          saturated and fresh scrubbing
                                          fluids greater than or equal
                                          to the difference established
                                          during the design evaluation
                                          or performance test that
                                          demonstrated compliance with
                                          the emission limit.
 
                              * * * * * * *
5. An adsorption system with adsorbent   a. Maintain the daily average
 regeneration to comply with an           concentration level of organic
 emission limit in Table 2 to this        compounds in the adsorber
 subpart.                                 exhaust less than or equal to
                                          the reference concentration
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; OR
                                         b. Maintain the total
                                          regeneration stream mass flow
                                          during the adsorption bed
                                          regeneration cycle greater
                                          than or equal to the reference
                                          stream mass flow established
                                          during the design evaluation
                                          or performance test that
                                          demonstrated compliance with
                                          the emission limit; AND

[[Page 42915]]

 
                                         Before the adsorption cycle
                                          commences, achieve and
                                          maintain the temperature of
                                          the adsorption bed after
                                          regeneration less than or
                                          equal to the reference
                                          temperature established during
                                          the design evaluation or
                                          performance test that
                                          demonstrated compliance with
                                          the emission limit; AND
                                         Achieve a pressure reduction
                                          during each adsorption bed
                                          regeneration cycle greater
                                          than or equal to the pressure
                                          reduction established during
                                          the design evaluation or
                                          performance test that
                                          demonstrated compliance with
                                          the emission limit.
6. An adsorption system without          a. Maintain the daily average
 adsorbent regeneration to comply with    concentration level of organic
 an emission limit in Table 2 to this     compounds in the adsorber
 subpart.                                 exhaust less than or equal to
                                          the reference concentration
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; OR
                                         b. Replace the existing
                                          adsorbent in each segment of
                                          the bed with an adsorbent that
                                          meets the replacement
                                          specifications established
                                          during the design evaluation
                                          or performance test before the
                                          age of the adsorbent exceeds
                                          the maximum allowable age
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; AND
                                          Maintain the temperature of
                                          the adsorption bed less than
                                          or equal to the reference
                                          temperature established during
                                          the design evaluation or
                                          performance test that
                                          demonstrated compliance with
                                          the emission limit.
 
                              * * * * * * *
8. Another type of control device to     Submit a monitoring plan as
 comply with an emission limit in Table   specified in Sec.  Sec.
 2 to this subpart.                       63.995(c) and 63.2366(b), and
                                          monitor the control device in
                                          accordance with that plan.
------------------------------------------------------------------------


0
21. Table 4 to subpart EEEE to part 63 is revised to read as follows:

      Table 4 to Subpart EEEE of Part 63.--Work Practice Standards
  [As stated in Sec.   63.2346, you may elect to comply with one of the
  work practice standards for existing, reconstructed, or new affected
      sources in the following table. If you elect to do so, . . .]
------------------------------------------------------------------------
             For each . . .                       You must . . .
------------------------------------------------------------------------
1. Storage tank at an existing,          a. Comply with the requirements
 reconstructed, or new affected source    of 40 CFR part 63, subpart WW
 meeting any set of tank capacity and     (control level 2), if you
 organic HAP vapor pressure criteria      elect to meet 40 CFR part 63,
 specified in Table 2 to this subpart,    subpart WW (control level 2)
 items 1 through 5.                       requirements as an alternative
                                          to the emission limit in Table
                                          2 to this subpart, items 1
                                          through 5; OR
                                         b. Comply with the requirements
                                          of Sec.   63.984 for routing
                                          emissions to a fuel gas system
                                          or back to a process; OR
                                         c. Comply with the requirements
                                          of Sec.   63.2346(a)(4) for
                                          vapor balancing emissions to
                                          the transport vehicle from
                                          which the storage tank is
                                          filled.
2. Storage tank at an existing,          a. Comply with the requirements
 reconstructed, or new affected source    of Sec.   63.984 for routing
 meeting any set of tank capacity and     emissions to a fuel gas system
 organic HAP vapor pressure criteria      or back to a process; OR
 specified in Table 2 to this subpart,   b. Comply with the requirements
 item 6.                                  of Sec.   63.2346(a)(4) for
                                          vapor balancing emissions to
                                          the transport vehicle from
                                          which the storage tank is
                                          filled.
3. Transfer rack subject to control      a. If the option of a vapor
 based on the criteria specified in       balancing system is selected,
 Table 2 to this subpart, items 7         install and, during the
 through 10, at an existing,              loading of organic liquids,
 reconstructed, or new affected source.   operate a system that meets
                                          the requirements in Table 7 to
                                          this subpart, item 3.b.i and
                                          item 3.b.ii, as applicable; OR
                                         b. Comply with the requirements
                                          of Sec.   63.984 during the
                                          loading of organic liquids,
                                          for routing emissions to a
                                          fuel gas system or back to a
                                          process.
4. Pump, valve, and sampling connection  Comply with the requirements
 that operates in organic liquids         for pumps, valves, and
 service at least 300 hours per year at   sampling connections in 40 CFR
 an existing, reconstructed, or new       part 63, subpart TT (control
 affected source.                         level 1), subpart UU (control
                                          level 2), or subpart H.
5. Transport vehicles equipped with      Follow the steps in 40 CFR
 vapor collection equipment that are      60.502(e) to ensure that
 loaded at transfer racks that are        organic liquids are loaded
 subject to control based on the          only into vapor-tight
 criteria specified in Table 2 to this    transport vehicles, and comply
 subpart, items 7 through 10.             with the provisions in 40 CFR
                                          60.502(f), (g), (h), and (i),
                                          except substitute the term
                                          transport vehicle at each
                                          occurrence of tank truck or
                                          gasoline tank truck in those
                                          paragraphs.

[[Page 42916]]

 
6. Transport vehicles equipped without   Ensure that organic liquids are
 vapor collection equipment that are      loaded only into transport
 loaded at transfer racks that are        vehicles that have a current
 subject to control based on the          certification in accordance
 criteria specified in Table 2 to this    with the U.S. DOT pressure
 subpart, items 7 through 10.             test requirements in 49 CFR
                                          180 (cargo tanks) or 49 CFR
                                          173.31 (tank cars).
------------------------------------------------------------------------


0
22. Table 5 to subpart EEEE of part 63 is revised to read as follows:

                             Table 5 to Subpart EEEE of Part 63.--Requirements for Performance Tests and Design Evaluations
   [As stated in Sec.  Sec.   63.2354(a) and 63.2362, you must comply with the requirements for performance tests and design evaluations for existing,
                                                   reconstructed, or new affected sources as follows:]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      According to the
             For . . .                You must  conduct . .    According to . . .         Using . . .         To determine . . .         following
                                                .                                                                                    requirements . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Each existing, each               a. A performance test   i. Sec.                 (1) EPA Method 1 or    (A) Sampling port      (i) Sampling sites
 reconstructed, and each new          to determine the        63.985(b)(1)(ii),       1A in appendix A of    locations and the      must be located at
 affected source using a nonflare     organic HAP (or, upon   Sec.   63.988(b),       40 CFR part 60, as     required number of     the inlet and outlet
 control device to comply with an     approval, TOC)          Sec.   63.990(b), or    appropriate.           traverse points.       of each control
 emission limit in Table 2 to this    control efficiency of   Sec.   63.995(b).                                                     device if complying
 subpart, items 1 through 10.         each nonflare control                                                                         with the control
                                      device, OR the                                                                                efficiency
                                      exhaust concentration                                                                         requirement or at
                                      of each combustion                                                                            the outlet of the
                                      device; OR                                                                                    control device if
                                                                                                                                    complying with the
                                                                                                                                    exhaust
                                                                                                                                    concentration
                                                                                                                                    requirement; AND
                                                                                                                                   (ii) The outlet
                                                                                                                                    sampling site must
                                                                                                                                    be located at each
                                                                                                                                    control device prior
                                                                                                                                    to any releases to
                                                                                                                                    the atmosphere.
                                                                                     (2) EPA Method 2, 2A,  (A) Stack gas          See the requirements
                                                                                      2C, 2D, 2F, or 2G in   velocity and           in items
                                                                                      appendix A of 40 CFR   volumetric flow rate.  1.a.i.(1)(A)(i) and
                                                                                      part 60, as                                   (ii) of this table.
                                                                                      appropriate.
                                                                                     (3) EPA Method 3 or    (A) Concentration of   See the requirements
                                                                                      3B in appendix A of    CO2 and O2 and dry     in items
                                                                                      40 CFR part 60, as     molecular weight of    1.a.i.(1)(A)(i) and
                                                                                      appropriate.           the stack gas.         (ii) of this table.
                                                                                     (4) EPA Method 4 in    (A) Moisture content   See the requirements
                                                                                      appendix A of 40 CFR   of the stack gas.      in items
                                                                                      part 60.                                      1.a.i.(1)(A)(i) and
                                                                                                                                    (ii) of this table.

[[Page 42917]]

 
                                                                                     (5) EPA Method 18,     (A) Total organic HAP  (i) The organic HAP
                                                                                      25, or 25A in          (or, upon approval,    used for the
                                                                                      appendix A of 40 CFR   TOC), or               calibration gas for
                                                                                      part 60, as            formaldehyde           EPA Method 25A must
                                                                                      appropriate, or EPA    emissions.             be the single
                                                                                      Method 316 in                                 organic HAP
                                                                                      appendix A of 40 CFR                          representing the
                                                                                      part 63 for                                   largest percent by
                                                                                      measuring                                     volume of emissions;
                                                                                      formaldehyde.                                 AND
                                                                                                                                   (ii) During the
                                                                                                                                    performance test,
                                                                                                                                    you must establish
                                                                                                                                    the operating
                                                                                                                                    parameter limits
                                                                                                                                    within which total
                                                                                                                                    organic HAP (or,
                                                                                                                                    upon approval, TOC)
                                                                                                                                    emissions are
                                                                                                                                    reduced by the
                                                                                                                                    required weight-
                                                                                                                                    percent or, as an
                                                                                                                                    option for nonflare
                                                                                                                                    combustion devices,
                                                                                                                                    to 20 ppmv exhaust
                                                                                                                                    concentration.
                                                             b. A design evaluation  Sec.                   .....................  During a design
                                                              (for nonflare control   63.985(b)(1)(i)..                             evaluation, you must
                                                              devices) to determine                                                 establish the
                                                              the organic HAP (or,                                                  operating parameter
                                                              upon approval, TOC)                                                   limits within which
                                                              control efficiency of                                                 total organic HAP,
                                                              each nonflare control                                                 (or, upon approval,
                                                              device, or the                                                        TOC) emissions are
                                                              exhaust concentration                                                 reduced by at least
                                                              of each combustion                                                    95 weight-percent
                                                              control device..                                                      for storage tanks or
                                                                                                                                    98 weight-percent
                                                                                                                                    for transfer racks,
                                                                                                                                    or, as an option for
                                                                                                                                    nonflare combustion
                                                                                                                                    devices, to 20 ppmv
                                                                                                                                    exhaust
                                                                                                                                    concentration.
2. Each transport vehicle that you   A performance test to   ......................  EPA Method 27 in       Vapor tightness......  The pressure change
 own that is equipped with vapor      determine the vapor                             appendix A of 40 CFR                          in the tank must be
 collection equipment and is loaded   tightness of the tank                           part 60.                                      no more than 250
 with organic liquids at a transfer   and then repair as                                                                            pascals (1 inch of
 rack that is subject to control      needed until it                                                                               water) in 5 minutes
 based on the criteria specified in   passes the test..                                                                             after it is
 Table 2 to this subpart, items 7                                                                                                   pressurized to 4,500
 through 10, at an existing,                                                                                                        pascals (18 inches
 reconstructed, or new affected                                                                                                     of water).
 source.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 42918]]


0
23. The text of the table in Table 6 to subpart EEEE of part 63 is 
revised to read as follows:

  Table 6 to Subpart EEEE of Part 63.--Initial Compliance With Emission
                                 Limits
                              * * * * * * *
------------------------------------------------------------------------
                                                          You have
       For each . . .           For the following   demonstrated initial
                              emission limit . . .  compliance  if . . .
------------------------------------------------------------------------
1. Storage tank at an         Reduce total organic  Total organic HAP
 existing, reconstructed, or   HAP (or, upon         (or, upon approval,
 new affected source meeting   approval, TOC)        TOC) emissions,
 either set of tank capacity   emissions by at       based on the
 and liquid organic HAP        least 95 weight-      results of the
 vapor pressure criteria       percent, or as an     performance testing
 specified in Table 2 to       option for            or design
 this subpart, items 1         combustion devices    evaluation
 through 6.                    to an exhaust         specified in Table
                               concentration of      5 to this subpart,
                               <=20 ppmv.            item 1.a or 1.b,
                                                     respectively, are
                                                     reduced by at least
                                                     95 weight-percent
                                                     or as an option for
                                                     nonflare combustion
                                                     devices to an
                                                     exhaust
                                                     concentration <=20
                                                     ppmv.
2. Transfer rack that is      Reduce total organic  Total organic HAP
 subject to control based on   HAP (or, upon         (or, upon approval,
 the criteria specified in     approval, TOC)        TOC) emissions from
 Table 2 to this subpart,      emissions from the    the loading of
 items 7 through 10, at an     loading of organic    organic liquids,
 existing, reconstructed, or   liquids by at least   based on the
 new affected source.          98 weight-percent,    results of the
                               or as an option for   performance testing
                               nonflare combustion   or design
                               devices to an         evaluation
                               exhaust               specified in Table
                               concentration of      5 to this subpart,
                               <=20 ppmv.            item 1.a or 1.b,
                                                     respectively, are
                                                     reduced by at least
                                                     98 weight-percent
                                                     or as an option for
                                                     nonflare combustion
                                                     devices to an
                                                     exhaust
                                                     concentration of
                                                     <=20 ppmv.
------------------------------------------------------------------------


0
24. Table 7 to subpart EEEE of part 63 is revised to read as follows:

    Table 7 to Subpart EEEE of Part 63.--Initial Compliance With Work
                           Practice Standards
------------------------------------------------------------------------
                                                          You have
       For each . . .             If you . . .      demonstrated initial
                                                    compliance  if . . .
------------------------------------------------------------------------
1. Storage tank at an         a. Install a          i. After emptying
 existing affected source      floating roof or      and degassing, you
 meeting either set of tank    equivalent control    visually inspect
 capacity and liquid organic   that meets the        each internal
 HAP vapor pressure criteria   requirements in       floating roof
 specified in Table 2 to       Table 4 to this       before the
 this subpart, items 1 or 2.   subpart, item 1.a.    refilling of the
                                                     storage tank and
                                                     perofrm seal gap
                                                     inspections of the
                                                     primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the refilling
                                                     of the storage
                                                     tank.
                              b. Route emissions    i. You meet the
                               to a fuel gas         requirements in
                               system or back to a   Sec.   63.984(b)
                               process.              and submit the
                                                     statement of
                                                     connection required
                                                     by Sec.
                                                     63.984(c).
                              c. Install and,       i. You meet the
                               during the filling    requirements in
                               of the storage tank   Sec.
                               with organic          3.2346(a)(4).
                               liquids, operate a
                               vapor balancing
                               system.
2. Storage tank at a          a. Install a          i. You visually
 reconstructed or new          floating roof or      inspect each
 affected source meeting any   equivalent control    internal floating
 set of tank capacity and      that meets the        roof before the
 liquid organic HAP vapor      requirements in       initial filling of
 pressure criteria specified   Table 4 to this       the storage tank,
 in Table 2 to this subpart,   subpart, item 1.a.    and perform seal
 items 3 through 5.                                  gap inspections of
                                                     the priamry and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the initial
                                                     filling of the
                                                     storage tank.
                              b. Route emissions    i. See item 1.b.i of
                               to a fuel gas         this table.
                               system or back to a
                               process.
                              c. Install and,       i. See item 1.c.i of
                               during the filling    this table.
                               of the storage tank
                               with organic
                               liquids, operate a
                               vapor balancing
                               system.
3. Transfer rack that is      a. Load organic       i. You comply with
 subject to control based on   liquids only into     the provisions
 the criteria specified in     transport vehicles    specified in Table
 Table 2 to this subpart,      having current        4 to this subpart,
 items 7 through 10, at an     vapor tightness       item 5 or item 6,
 existing, reconstructed, or   certification as      as applicable.
 new affected source.          described in Table
                               4 to this subpart,
                               item 5 and item 6.

[[Page 42919]]

 
                              b. Install and,       i. You design and
                               during the loading    operate the vapor
                               of organic liquids,   balancing system to
                               operate a vapor       route organic HAP
                               balancing system.     vapors displaced
                                                     from loading of
                                                     organic liquids
                                                     into transport
                                                     vehicles to the
                                                     storage tank from
                                                     which the liquid
                                                     being loaded
                                                     originated or to
                                                     another storage
                                                     tank connected to a
                                                     common header.
                                                    ii. You design and
                                                     operate the vapor
                                                     balancing system to
                                                     route organic HAP
                                                     vapors displaced
                                                     from loading of
                                                     organic liquids
                                                     into containers
                                                     directly (e.g., no
                                                     intervening tank or
                                                     containment area
                                                     such as a room) to
                                                     the storage tank
                                                     from which the
                                                     liquid being loaded
                                                     originated or to
                                                     another storage
                                                     tank connected to a
                                                     common header.
                              c. Route emissions    i. See item 1.b.i of
                               to a fuel gas         this table.
                               system or back to a
                               process.
4. Equipment leak component,  a. Carry out a leak   i. You specify which
 as defined in Sec.            detection and         one of the control
 63.2406, that operates in     repair program or     programs listed in
 organic liquids service       equivalent control    Table 4 to this
 >=300 hours per year at an    according to one of   subpart you have
 existing, reconstructed, or   the subparts listed   selected, OR
 new affected source.          in Table 4 to this   ii. Provide written
                               subpart, item 4.a.    specifications for
                                                     your equivalent
                                                     control approach.
------------------------------------------------------------------------


0
25. Table 8 to subpart EEEE of part 63 is revised to read as follows:

Table 8 to Subpart EEEE of Part 63.--Continuous Compliance With Emission
                                 Limits
 [As stated in Sec.  Sec.   63.2378(a) and (b) and 63.2390(b), you must
    show continuous compliance with the emission limits for existing,
    reconstructed, or new affected sources according to the following
                                 table:]
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
       For each . . .         emission limit . . .   compliance by . . .
 
------------------------------------------------------------------------
1. Storage tank at an         a. Reduce total       i. Performing CMS
 existing, reconstructed, or   organic HAP (or,      monitoring and
 new affected source meeting   upon approval, TOC)   collecting data
 any set of tank capacity      emissions from the    according to Sec.
 and liquid organic HAP        closed vent system    Sec.   63.2366,
 vapor pressure criteria       and control device    63.2374, and
 specified in Table 2 to       by 95 weight-         63.2378; AND
 this subpart, items 1         percent or greater,  ii. Maintaining the
 through 6.                    or as an option to    operating limits
                               20 ppmv or less of    established during
                               total organic HAP     the design
                               (or, upon approval,   evaluation or
                               TOC) in the exhaust   performance test
                               of combustion         that demonstrated
                               devices.              compliance with the
                                                     emission limit.
2. Transfer rack that is      a. Reduce total       i. Performing CMS
 subject to control based on   organic HAP (or,      monitoring and
 the criteria specified in     upon approval, TOC)   collecting data
 Table 2 to this subpart,      emissions during      according to Sec.
 items 7 through 10, at an     the loading of        Sec.   63.2366,
 existing, reconstructed, or   organic liquids       63.2374, and
 new affected source.          from the closed       63.2378 during the
                               vent system and       loading of organic
                               control device by     liquids; AND
                               98 weight-percent    ii. Maintaining the
                               or greater, or as     operating limits
                               an option to 20       established during
                               ppmv or less of       the design
                               total organic HAP     evaluation or
                               (or, upon approval,   performance test
                               TOC) in the exhaust   that demonstrated
                               of combustion         compliance with the
                               devices.              emission limit
                                                     during the loading
                                                     of organic liquids.
------------------------------------------------------------------------


0
26. Table 9 to subpart EEEE of part 63 is amended by revising entries 
2, 3, 4, 5, 6, and 7 to read as follows:

[[Page 42920]]



     Table 9 to Subpart EEEE of Part 63.--Continuous Compliance With
            Operating Limits--High Throughput Transfer Racks
                              * * * * * * *
------------------------------------------------------------------------
                                                    You must demonstrate
     For each existing,         For the following        continuous
 reconstructed, and each new   operating limit . .   compliance by . . .
 affected source using . . .            .
------------------------------------------------------------------------
 
                              * * * * * * *
2. A catalytic oxidizer to    a. Replace the        i. Replacing the
 comply with an emission       existing catalyst     existing catalyst
 limit in Table 2 to this      bed before the age    bed before the age
 subpart.                      of the bed exceeds    of the bed exceeds
                               the maximum           the maximum
                               allowable age         allowable age
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   compliance with the
                               emission limit; AND   emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Continuously
                               daily average         monitoring and
                               temperature at the    recording the
                               inlet of the          temperature at the
                               catalyst bed          inlet of the
                               greater than or       catalyst bed at
                               equal to the          least every 15
                               reference             minutes and
                               temperature           maintaining the
                               established during    daily average
                               the design            temperature at the
                               evaluation or         inlet of the
                               performance test      catalyst bed
                               that demonstrated     greater than or
                               compliance with the   equal to the
                               emission limit; AND   reference
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              c. Maintain the       i. Continuously
                               daily average         monitoring and
                               temperature           recording the
                               difference across     temperature at the
                               the catalyst bed      outlet of the
                               greater than or       catalyst bed every
                               equal to the          15 minutes and
                               minimum temperature   maintaining the
                               difference            daily average
                               established during    temperature
                               the design            difference across
                               evaluation or         the catalyst bed
                               performance test      greater than or
                               that demonstrated     equal to the
                               compliance with the   minimum temperature
                               emission limit.       difference
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
3. An absorber to comply      a. Maintain the       i. Continuously
 with an emission limit in     daily average         monitoring the
 Table 2 to this subpart.      concentration level   organic
                               of organic            concentration in
                               compounds in the      the absorber
                               absorber exhaust      exhaust and
                               less than or equal    maintaining the
                               to the reference      daily average
                               concentration         concentration less
                               established during    than or equal to
                               the design            the reference
                               evaluation or         concentration
                               performance test      established during
                               that demonstrated     the design
                               compliance with the   evaluation or
                               emission limit; OR    performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Continuously
                               daily average         monitoring the
                               scrubbing liquid      scrubbing liquid
                               temperature less      temperature and
                               than or equal to      maintaining the
                               the reference         daily average
                               temperature           temperature less
                               established during    than or equal to
                               the design            the reference
                               evaluation or         temperature
                               performance test      established during
                               that demonstrated     the design
                               compliance with the   evaluation or
                               emission limit; AND   performance test
                              Maintain the           that demonstrated
                               difference between    compliance with the
                               the specific          emission limit; AND
                               gravities of the     ii. Maintaining the
                               saturated and fresh   difference between
                               scrubbing fluids      the specific
                               greater than or       gravities greater
                               equal to the          than or equal to
                               difference            the difference
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   compliance with the
                               emission limit.       emission limit; AND
                                                    iii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
4. A condenser to comply      a. Maintain the       i. Continuously
 with an emission limit in     daily average         monitoring the
 Table 2 to this subpart.      concentration level   organic
                               of organic            concentration at
                               compounds at the      the condenser exit
                               exit of the           and maintaining the
                               condenser less than   daily average
                               or equal to the       concentration less
                               reference             than or equal to
                               concentration         the reference
                               established during    concentration
                               the design            established during
                               evaluation or         the design
                               performance test      evaluation or
                               that demonstrated     performance test
                               compliance with the   that demonstrated
                               emission limit; OR    compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.

[[Page 42921]]

 
                              b. Maintain the       i. Continuously
                               daily average         monitoring and
                               condenser exit        recording the
                               temperature less      temperature at the
                               than or equal to      exit of the
                               the reference         condenser at least
                               temperature           every 15 minutes
                               established during    and maintaining the
                               the design            daily average
                               evaluation or         temperature less
                               performance test      than or equal to
                               that demonstrated     the reference
                               compliance with the   temperature
                               emission limit.       established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
5. An adsorption system with  a. Maintain the       i. Continuously
 adsorbent regeneration to     daily average         monitoring the
 comply with an emission       concentration level   daily average
 limit in Table 2 to this      of organic            organic
 subpart.                      compounds in the      concentration in
                               adsorber exhaust      the adsorber
                               less than or equal    exhaust and
                               to the reference      maintaining the
                               concentration         concentration less
                               established during    than or equal to
                               the design            the reference
                               evaluation or         concentration
                               performance test      established during
                               that demonstrated     the design
                               compliance with the   evaluation or
                               emission limit; OR    performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain the       i. Maintaining the
                               total regeneration    total regeneration
                               stream mass flow      stream mass flow
                               during the            during the
                               adsorption bed        adsorption bed
                               regeneration cycle    regeneration cycle
                               greater than or       greater than or
                               equal to the          equal to the
                               reference stream      reference stream
                               mass flow             mass flow
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   compliance with the
                               emission limit; AND   emission limit; AND
                              Before the            ii. Maintaining the
                               adsorption cycle      temperature of the
                               commences, achieve    adsorption bed
                               and maintain the      after regeneration
                               temperature of the    less than or equal
                               adsorption bed        to the reference
                               after regeneration    temperature
                               less than or equal    established during
                               to the reference      the design
                               temperature           evaluation or
                               established during    performance test
                               the design            that demonstrated
                               evaluation or         compliance with the
                               performance test;     emission limit; AND
                               AND.                 iii. Achieving
                              Achieve greater than   greater than or
                               or equal to the       equal to the
                               pressure reduction    pressure reduction
                               during the            during the
                               adsorption bed        regeneration cycle
                               regeneration cycle    established during
                               established during    the design
                               the design            evaluation or
                               evaluation or         performance test
                               performance test      that demonstrated
                               that demonstrated     compliance with the
                               compliance with the   emission limit; AND
                               emission limit.      iv. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
6. An adsorption system       a. Maintain the       i. Continuously
 without adsorbent             daily average         monitoring the
 regeneration to comply with   concentration level   organic
 an emission limit in Table    of organic            concentration in
 2 to this subpart.            compounds in the      the adsorber
                               adsorber exhaust      exhaust and
                               less than or equal    maintaining the
                               to the reference      concentration less
                               concentration         than or equal to
                               established during    the reference
                               the design            concentration
                               evaluation or         established during
                               performance test      the design
                               that demonstrated     evaluation or
                               compliance with the   performance test
                               emission limit; OR    that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Replace the        i. Replacing the
                               existing adsorbent    existing adsorbent
                               in each segment of    in each segment of
                               the bed before the    the bed with an
                               age of the            adsorbent that
                               adsorbent exceeds     meets the
                               the maximum           replacement
                               allowable age         specifications
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     before the age of
                               compliance with the   the adsorbent
                               emission limit; AND.  exceeds the maximum
                              Maintain the           allowable age
                               temperature of the    established during
                               adsorption bed less   the design
                               than or equal to      evaluation or
                               the reference         performance test
                               temperature           that demonstrated
                               established during    compliance with the
                               the design            emission limit; AND
                               evaluation or        ii. Maintaining the
                               performance test      temperature of the
                               that demonstrated     adsorption bed less
                               compliance with the   than or equal to
                               emission limit.       the reference
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    iii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.

[[Page 42922]]

 
7. A flare to comply with an  a. Maintain a pilot   i. Continuously
 emission limit in Table 2     flame in the flare    operating a device
 to this subpart.              at all times that     that detects the
                               vapors may be         presence of the
                               vented to the flare   pilot flame; AND
                               (Sec.                ii. Keeping the
                               63.11(b)(5)); AND     applicable records
                                                     required in Sec.
                                                     63.998.
                              b. Maintain a flare   i. Maintaining a
                               flame at all times    flare flame at all
                               that vapors are       times that vapors
                               being vented to the   are being vented to
                               flare (Sec.           the flare; AND
                               63.11(b)(5)); AND    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
                              c. Operate the flare  i. Operating the
                               with no visible       flare with no
                               emissions, except     visible emissions
                               for up to 5 minutes   exceeding the
                               in any 2              amount allowed; AND
                               consecutive hours    ii. Keeping the
                               (Sec.                 applicable records
                               63.11(b)(4)); AND     required in Sec.
                               EITHER                63.998.
                              d.1. Operate the      i. Operating the
                               flare with an exit    flare within the
                               velocity that is      applicable exit
                               within the            velocity limits;
                               applicable limits     AND
                               in Sec.              ii. Operating the
                               63.11(b)(7) and (8)   flare with the gas
                               and with a net        heating value
                               heating value of      greater than the
                               the gas being         applicable minimum
                               combusted greater     value; AND
                               than the applicable  iii. Keeping the
                               minimum value in      applicable records
                               Sec.                  required in Sec.
                               63.11(b)(6)(ii); OR   63.998.
                              d.2. Adhere to the    i. Operating the
                               requirements in       flare within the
                               Sec.                  applicable limits
                               63.11(b)(6)(i).       in 63.11(b)(6)(i);
                                                     AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.
 
                              * * * * * * *
------------------------------------------------------------------------

0
27. Table 10 to subpart EEEE of part 63 is amended by revising entries 
1, 2, 4, 5, and 6 to read as follows:

  Table 10 to Subpart EEEE of Part 63.--Continuous Compliance With Work
                           Practice Standards
                              * * * * * * *
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
       For each . . .            standard . . .      compliance by . . .
 
------------------------------------------------------------------------
1. Internal floating roof     a. Install a          i. Visually
 (IFR) storage tank at an      floating roof         inspecting the
 existing, reconstructed, or   designed and          floating roof deck,
 new affected source meeting   operated according    deck fittings, and
 any set of tank capacity,     to the applicable     rim seals of each
 and vapor pressure criteria   specifications in     IFR once per year
 specified in Table 2 to       Sec.   63.1063(a)     (Sec.
 this subpart, items 1         and (b).              63.1063(d)(2)); AND
 through 5.                                         ii. Visually
                                                     inspecting the
                                                     floating roof deck,
                                                     deck fittings, and
                                                     rim seals of each
                                                     IFR either each
                                                     time the storage
                                                     tank is completely
                                                     emptied and
                                                     degassed or every
                                                     10 years, whichever
                                                     occurs first (Sec.
                                                      63.1063(c)(1),
                                                     (d)(1), and (e));
                                                     AND
                                                    iii. Keeping the
                                                     tank records
                                                     required in Sec.
                                                     63.1065.
2. External floating roof     a. Install a          i. Visually
 (EFR) storage tank at an      floating roof         inspecting the
 existing, reconstructed, or   designed and          floating roof deck,
 new affected source meeting   operated according    deck fittings, and
 any set of tank capacity      to the applicable     rim seals of each
 and vapor pressure criteria   specifications in     EFR either each
 specified in Table 2 to       Sec.   63.1063(a)     time the storage
 this subpart, items 1         and (b).              tank is completely
 through 5.                                          emptied and
                                                     degassed or every
                                                     10 years, whichever
                                                     occurs first (Sec.
                                                      63.1063(c)(2),
                                                     (d), and (e)); AND
                                                    ii. Performing seal
                                                     gap measurements on
                                                     the secondary seal
                                                     of each EFR at
                                                     least once every
                                                     year, and on the
                                                     primary seal of
                                                     each EFR at least
                                                     every 5 years (Sec.
                                                       63.1063(c)(2),
                                                     (d), and (e)); AND
                                                    iii. Keeping the
                                                     tank records
                                                     required in Sec.
                                                     63.1065.
 
                              * * * * * * *
4. Transfer rack that is      a. Ensure that        i. Ensuring that
 subject to control based on   organic liquids are   organic liquids are
 the criteria specified in     loaded into           loaded into
 Table 2 to this subpart,      transport vehicles    transport vehicles
 items 7 through 10, at an     in accordance with    in accordance with
 existing, reconstructed, or   the requirements in   the requirements in
 new affected source.          Table 4 to this       Table 4 to this
                               subpart, items 5 or   subpart, items 5 or
                               6, as applicable.     6, as applicable.

[[Page 42923]]

 
                              b. Install and,        i. Monitoring each
                               during the loading    potential source of
                               of organic liquids,   vapor leakage in
                               operate a vapor       the system
                               balancing system.     quarterly during
                                                     the loading of a
                                                     transport vehicle
                                                     or the filling of a
                                                     container using the
                                                     methods and
                                                     procedures
                                                     described in the
                                                     rule requirements
                                                     selected for the
                                                     work practice
                                                     standard for
                                                     equipment leak
                                                     components as
                                                     specified in Table
                                                     4 to this subpart,
                                                     item 4. An
                                                     instrument reading
                                                     of 500 ppmv defines
                                                     a leak. Repair of
                                                     leaks is performed
                                                     according to the
                                                     repair requirements
                                                     specified in your
                                                     selected equipment
                                                     leak standards.
                              c. Route emissions     i. Continuing to
                               to a fuel gas         meet the
                               system or back to a   requirements
                               process.              specified in Sec.
                                                     63.984(b).
5. Equipment leak component,  a. Comply with the    i. Carrying out a
 as defined in Sec.            requirements of 40    leak detection and
 63.2406, that operates in     CFR part 63,          repair program in
 organic liquids service at    subpart TT, UU, or    accordance with the
 least 300 hours per year.     H.                    subpart selected
                                                     from the list in
                                                     item 5.a of this
                                                     table.
6. Storage tank at an         a. Route emissions    i. Continuing to
 existing, reconstructed, or   to a fuel gas         meet the
 new affected source meeting   system or back to     requirements
 any of the tank capacity      the process.          specified in Sec.
 and vapor pressure criteria                         63.984(b).
 specified in Table 2 to
 this subpart, items 1
 through 6.
                              b. Install and,        i. Monitoring each
                               during the filling    potential source of
                               of the storage tank   vapor leakage in
                               with organic          the system
                               liquids, operate a    quarterly during
                               vapor balancing       the loading of a
                               system.               transport vehicle
                                                     or the filling of a
                                                     container using the
                                                     methods and
                                                     procedures
                                                     described in the
                                                     rule requirements
                                                     selected for the
                                                     work practice
                                                     standard for
                                                     equipment leak
                                                     components as
                                                     specified in Table
                                                     4 to this subpart,
                                                     item 4. An
                                                     instrument reading
                                                     of 500 ppmv defines
                                                     a leak. Repair of
                                                     leaks is performed
                                                     according to the
                                                     repair requirements
                                                     specified in your
                                                     selected equipment
                                                     leak standards.
------------------------------------------------------------------------


0
28. Table 11 to subpart EEEE of part 63 is revised to read as follows:

     Table 11 to Subpart EEEE of Part 63.--Requirements for Reports
   [As stated in Sec.   63.2386(a) and (b), you must submit compliance
       reports and SSM reports according to the following table:]
------------------------------------------------------------------------
                                 The report must     You must submit the
 You must submit a(n) . . .       contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report or       a. The information    Semiannually, and it
 Periodic Report.              specified in Sec.     must be postmarked
                               63.2386(c), (d),      by January 31 or
                               (e). If you had a     July 31, in
                               SSM during the        accordance with
                               reporting period      Sec.   63.2386(b).
                               and you took
                               actions consistent
                               with your SSM plan,
                               the report must
                               also include the
                               information in Sec.
                                 63.10(d)(5)(i);
                               AND
                              b. The information    See the submission
                               required by 40 CFR    requirement in item
                               part 63, subpart      1.a of this table.
                               TT, UU, or H, as
                               applicable, for
                               pumps, valves, and
                               sampling
                               connections; AND
                              c. The information    See the submission
                               required by Sec.      requirement in item
                               63.999(c); AND        1.a of this table.
                              d. The information    See the submission
                               specified in Sec.     requirement in item
                               63.1066(b)            1.a. of this table.
                               including:
                               Notification of
                               inspection,
                               inspection results,
                               requests for
                               alternate devices,
                               and requests for
                               extensions, as
                               applicable.
2. Immediate SSM report if    a. The information    i. By letter within
 you had a SSM that resulted   required in Sec.      7 working days
 in an applicable emission     63.10(d)(5)(ii).      after the end of
 standard in the relevant                            the event unless
 standard being exceeded,                            you have made
 and you took an action that                         alternative
 was not consistent with                             arrangements with
 your SSM plan.                                      the permitting
                                                     authority (Sec.
                                                     63.10(d)(5)(ii)).
------------------------------------------------------------------------


[[Page 42924]]


0
29. Table 12 to subpart EEEE of part 63 is amended by:
0
(a) Revising entries Sec.  63.6(e)(3), Sec.  63.7(g), Sec.  63.8(c)(6)-
(8), Sec.  63.8(d), Sec.  63.8(e), Sec.  63.8(f)(1)-(5), Sec.  
63.9(h)(1)-(6), Sec.  63.9(j), and Sec.  63.10(e)(3)(iv)-(v);
0
(b) By removing entries Sec.  63.6(h)(1), Sec.  63.6(h)(2)(i), Sec.  
63.6(h)(2)(ii), Sec.  63.6(h)(2)(iii), Sec.  63.6(h)(3), Sec.  
63.6(h)(4), Sec.  63.6(h)(5)(i), (iii)-(v), Sec.  63.6(h)(5)(ii), Sec.  
63.6(h)(6), Sec.  63.6(h)(7)(i), Sec.  63.6(h)(7)(ii), Sec.  
63.6(h)(7)(iii), Sec.  63.6(h)(7)(iv), Sec.  63.6(h)(7)(v), Sec.  
63.6(h)(8), and Sec.  63.6(h)(9); and
0
(c) By adding entry Sec.  63.6(h) to read as follows:

            Table 12 to Subpart EEEE of Part 63.--Applicability of General Provisions to Subpart EEEE
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject            Brief description       Applies to subpart EEEE
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.6(e)(3)...................  SSM Plan............  Requirement for SSM plan;  Yes; however, (1) the 2-
                                                             content of SSM plan;       day reporting
                                                             actions during SSM.        requirement in paragraph
                                                                                        Sec.   63.6(e)(3)(iv)
                                                                                        does not apply and (2)
                                                                                        Sec.   63.6(e)(3) does
                                                                                        not apply to emissions
                                                                                        sources not requiring
                                                                                        control.
 
                                                  * * * * * * *
Sec.   63.6(h)......................  Opacity/Visible       Requirements for           No; except as it applies
                                       Emission Standards.   compliance with opacity    to flares for which
                                                             and visible emission       Method 22 observations
                                                             standards.                 are required as part of
                                                                                        a flare compliance
                                                                                        assessment.
 
                                                  * * * * * * *
Sec.   63.7(g)......................  Performance Test      Must include raw data in   Yes; however, performance
                                       Data Analysis.        performance test report;   test data is to be
                                                             must submit performance    submitted with the
                                                             test data 60 days after    Notification of
                                                             end of test with the       Compliance Status
                                                             Notification of            according to the
                                                             Compliance Status; keep    schedule specified in
                                                             data for 5 years.          Sec.   63.9(h)(1)-(6)
                                                                                        below.
 
                                                  * * * * * * *
Sec.   63.8(c)(6)-(8)...............  CMS Requirements....  Zero and high level        Yes, but only applies for
                                                             calibration check          CEMS. 40 CFR part 63,
                                                             requirements. Out-of-      subpart SS provides
                                                             control periods.           requirements for CPMS.
Sec.   63.8(d)......................  CMS Quality Control.  Requirements for CMS       Yes, but only applies for
                                                             quality control,           CEMS. 40 CFR part 63,
                                                             including calibration,     subpart SS provides
                                                             etc.; must keep quality    requirements for CPMS.
                                                             control plan on record
                                                             for 5 years; keep old
                                                             versions for 5 years
                                                             after revisions.
Sec.   63.8(e)......................  CMS Performance       Notification, performance  Yes, but only applies for
                                       Evaluation.           evaluation test plan,      CEMS.
                                                             reports.
Sec.   63.8(f)(1)-(5)...............  Alternative           Procedures for             Yes, but 40 CFR part 63,
                                       Monitoring Method.    Administrator to approve   subpart SS also provides
                                                             alternative monitoring.    procedures for approval
                                                                                        of CPMS.
 
                                                  * * * * * * *
Sec.   63.9(h)(1)-(6)...............  Notification of       Contents due 60 days       Yes; however, (1) there
                                       Compliance Status.    after end of performance   are no opacity standards
                                                             test or other compliance   and (2) all initial
                                                             demonstration, except      Notification of
                                                             for opacity/visible        Compliance Status,
                                                             emissions, which are due   including all
                                                             30 days after; when to     performance test data,
                                                             submit to Federal vs.      are to be submitted at
                                                             State authority.           the same time, either
                                                                                        within 240 days after
                                                                                        the compliance date or
                                                                                        within 60 days after the
                                                                                        last performance test
                                                                                        demonstrating compliance
                                                                                        has been completed,
                                                                                        whichever occurs first.
 
                                                  * * * * * * *
Sec.   63.9(j)......................  Change in Previous    Must submit within 15      No. These changes will be
                                       Information.          days after the change.     reported in the first
                                                                                        and subsequent
                                                                                        compliance reports.
 
                                                  * * * * * * *
Sec.   63.10(e)(3)(iv)-(v)..........  Excess Emissions      Requirement to revert to   Yes.
                                       Reports.              quarterly submission if
                                                             there is an excess
                                                             emissions or parameter
                                                             monitoring exceedance
                                                             (now defined as
                                                             deviations); provision
                                                             to request semiannual
                                                             reporting after
                                                             compliance for 1 year;
                                                             submit report by 30th
                                                             day following end of
                                                             quarter or calendar
                                                             half; if there has not
                                                             been an exceedance or
                                                             excess emissions (now
                                                             defined as deviations),
                                                             report contents in a
                                                             statement that there
                                                             have been no deviations;
                                                             must submit report
                                                             containing all of the
                                                             information in Sec.
                                                             Sec.   63.8(c)(7)-(8)
                                                             and 63.10(c)(5)-(13).

[[Page 42925]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 06-6419 Filed 7-27-06; 8:45 am]
BILLING CODE 6560-50-P