[Federal Register Volume 71, Number 229 (Wednesday, November 29, 2006)]
[Rules and Regulations]
[Pages 69011-69022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20119]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0021; FRL-8249-3]
RIN 2060-AM30


National Emission Standards for Hazardous Air Pollutants: Site 
Remediation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action amends the national emission standards for 
hazardous air pollutants (NESHAP) for site remediation activities. This 
final rule revises specific provisions in the rule to resolve issues 
and questions subsequent to promulgation; correct technical omissions; 
and correct typographical, cross-reference, and grammatical errors.

DATES: This final rule is effective on November 29, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2002-0021. All documents in the docket are listed 
on the http://www.regulations.gov Web site. 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 http://www.regulations.gov or 
in hard copy at the Air & Radiation Docket, Docket ID No. EPA-HQ-
OAR-2002-0021, EPA/DC, EPA West, Room B102, 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 Docket is (202) 566-1742.


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to visit the Public Ready Room to view 
documents. Consult EPA's Federal Register notice at 71 FR 38147 
(July 5, 2006) or the EPA Web site http://www.epa.gov/epahome/dockets.htm for current information on docket status, 
locations, and telephone numbers.


FOR FURTHER INFORMATION CONTACT: Mr. Greg Nizich, Chemicals and 
Coatings Group, Sector Policies and Programs Division (E143-01), U.S. 
EPA, Research Triangle Park, NC 27711, telephone number: (919) 541-
3078, facsimile number: (919) 541-0246, electronic mail (e-mail) 
address: [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated categories 
and entities affected by the NESHAP include:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category                 NAICS \1\             entities
------------------------------------------------------------------------
Industry......................  325211 325192      Site remediation
                                 325188 32411       activities at
                                 49311 49319        businesses at which
                                 48611 42269        materials containing
                                 42271.             organic HAP
                                                    currently are or
                                                    have been in the
                                                    past stored,
                                                    processed, treated,
                                                    or otherwise managed
                                                    at the facility.
                                                    These facilities
                                                    include: organic
                                                    liquid storage
                                                    terminals, petroleum
                                                    refineries, chemical
                                                    manufacturing
                                                    facilities, and
                                                    other manufacturing
                                                    facilities with co-
                                                    located site
                                                    remediation
                                                    activities.
Federal Government............  .................  Federal agency
                                                    facilities that
                                                    conduct site
                                                    remediation
                                                    activities to clean
                                                    up materials
                                                    contaminated with
                                                    organic HAP.

[[Page 69012]]

 
State/ Local/ Tribal            .................  Tribal governments
 Government.                                        that conduct site
                                                    remediation
                                                    activities to clean
                                                    up materials
                                                    contaminated with
                                                    organic HAP.
------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS) code.
  Representative industrial codes at which site remediation activities
  have been or are currently conducted at some but not all facilities
  under a given code. The list is not necessarily comprehensive as to
  the types of facilities at which a site remediation cleanup may
  potentially be required either now or in the future.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action.
    A comprehensive list of NAICS codes cannot be compiled for 
businesses or facilities potentially regulated by the rule due to the 
nature of activities regulated by the source category. The industrial 
code alone for a given facility does not determine whether the facility 
is or is not potentially subject to this final rule. This final rule 
may be applicable to any type of business or facility at which a site 
remediation is conducted to clean up media contaminated with organic 
hazardous air pollutant (HAP) and other hazardous material. Thus, for 
many businesses and facilities subject to the rule, the regulated 
sources (i.e., the site remediation activities) are not the predominant 
activity, process, operation, or service conducted at the facility. In 
these cases, the industrial code indicates a primary product produced 
or service provided at the facility rather than the presence of a site 
remediation at the facility. For example, NAICS code classifications 
where site remediation activities are currently being performed at some 
but not all facilities include, but are not limited to, petroleum 
refineries (NAICS code 32411), industrial organic chemical 
manufacturing (NAICS code 3251xx), and plastic materials and synthetics 
manufacturing (NAICS code 3252xx).
    However, we are also aware of site remediation activities 
potentially subject to the rule being performed at facilities listed 
under NAICS codes for refuse systems, waste management, business 
services, miscellaneous services, and nonclassifiable.
    To determine whether your facility is regulated by the action, you 
should carefully examine the applicability criteria in the 40 CFR part 
63, subpart GGGGG-National Emissions Standards for Hazardous Air 
Pollutants: Site Remediation. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this final action will also be available on the 
Worldwide Web through the Technology Transfer Network (TTN). Following 
signature, a copy of this final rule will be posted on the TTN's policy 
and guidance page for newly proposed or promulgated rules at the 
following address: http://www.epa.gov/ttn/oarpg/. The TTN provides 
information and technology exchange in various areas of air pollution 
control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act 
(CAA), judicial review of the final rule is available only by filing a 
petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by January 29, 2007. Under section 307(d)(7)(B) of the 
CAA, only an objection to the final rule that was raised with 
reasonable specificity during the period for public comment can be 
raised during judicial review. Moreover, under section 307(b)(2) of the 
CAA, the requirements established by the final rule may not be 
challenged separately in any civil or criminal proceedings brought by 
EPA to enforce these requirements.
    Organization of This Document. The information presented in this 
preamble is organized as follows:

I. Background
II. Final Amendments to Rule
    A. Applicability Determination for Remediation Activities at 
Certain Oil and Natural Gas Production Facilities
    B. 1 Megagram (Mg) Site Remediation Applicability Exemption
    C. Short-Term Site Remediation Exemption (30-day)
    D. Point of Determination of Remediation Material VOHAP 
Concentration
    E. Requirements for Equipment Leaks
    F. Other Rule Corrections
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. Background

    On October 8, 2003 (68 FR 58172), we issued a NESHAP for site 
remediation activities (40 CFR part 63, subpart GGGGG). This NESHAP 
implements section 112(d) of the CAA by requiring owners and operators 
of facilities that are major sources of HAP emissions and where a site 
remediation is conducted, that meets the definitions and conditions 
specified in this rule, to comply with emission standards and work 
practices for control of HAP reflecting application of the maximum 
achievable control technology.
    After promulgation of subpart 40 CFR part 63, GGGGG, we received 
questions about our intent and interpretation of specific provisions in 
the rule. To clarify these issues, we decided that technical amendments 
to the rule are appropriate. We proposed on May 1, 2006, (71 FR 25531) 
amendments to subpart GGGGG to clarify certain provisions of the rule 
and to correct unintentional technical omissions and terminology, 
typographical, printing, and grammatical errors that we have identified 
since promulgation of the original rule. A 60-day period, which ended 
on June 30, 2006, was provided to accept public comments on the 
proposed amendments to subpart GGGGG. We received comments on the 
proposed amendments from 12 commenters.
    A petition for reconsideration for 40 CFR part, subpart GGGGG was 
filed by the Sierra Club on December 8, 2003. The amendments to subpart 
GGGGG promulgated by this action do not address any issues cited in the 
Sierra Club's petition. We are still reviewing the items for 
reconsideration and will address them in a future notice.

II. Final Amendments to Rule

    We are amending 40 CFR part 63, subpart GGGGG to clarify our intent 
for applying and implementing specific rule requirements and to correct 
unintentional technical omissions and editorial errors. This action 
promulgates our proposed regulatory language for the amendments to 
subpart GGGGG except

[[Page 69013]]

for those provisions, as noted below, for which modifications were made 
to the regulatory language for the final amendments in response to 
specific public comments. Our original projections for the subpart 
GGGGG compliance costs, environmental benefits, burden on industry, or 
the number of affected facilities are not changed by these final 
amendments.
    This final rule promulgated by this action reflects our full 
consideration of all the comments we received on the amendment 
proposal. Our responses to all of the substantive public comments on 
the proposal are presented in a comment summary and response document 
available in Docket ID No. EPA-HQ-OAR-2002-0021 and at http://www.epa.gov/ttn/atw/siterm/sitermpg.html.

A. Applicability Determination for Remediation Activities at Certain 
Oil and Natural Gas Production Facilities

    The major source determination requirements used for determining 
the applicability of 40 CFR part 63, subpart GGGGG are amended for 
certain facilities involved with oil and natural gas production to be 
consistent with special directives for these facilities in CAA section 
112(n)(4)(A). As discussed in the preamble for the proposed amendments 
(71 FR 25536), in the Oil and Natural Gas Production NESHAP (40 CFR 
part 63, subpart HH) we address the provisions of CAA section 
112(n)(4)(A) by limiting the emission points that are aggregated for 
the major source status determination of a production field facility to 
only the glycol dehydration units and storage vessels with flash 
emission potential, as defined in the rule (see 40 CFR 63.761). 
Consistent with our approach used for subpart HH, we are amending 
subpart GGGGG to specify that for a major source status determination 
of a production field facility, only the HAP emissions from the glycol 
dehydration units and storage vessels with the potential for flash 
emissions, as defined in subpart HH, are to be aggregated with the HAP 
emissions from the site remediation activities at the facility.
    Several commenters on the proposed amendments stated that in 
compliance with the CAA section 112(n)(4) statutory directives, EPA 
should provide a similar applicability provision in 40 CFR part 63, 
subpart GGGGG for natural gas transmission and storage facilities 
consistent with the major source definition in the Natural Gas 
Transmission and Storage Facilities NESHAP (40 CFR part 63, subpart 
HHH). We agree that such a provision is appropriate, and are amending 
subpart GGGGG to specify that for natural gas transmission and storage 
facilities, HAP emissions are to be aggregated according to the 
definition of major source in Sec.  63.1271 for a major source 
determination.

B. 1 Megagram (Mg) Site Remediation Applicability Exemption

    The final amendments clarify the 40 CFR part 63, subpart GGGGG 
language with respect to how the 1 Mg applicability exemption is to be 
applied at a facility. Under this applicability exemption, site 
remediation activities conducted at your facility are not subject to 
the requirements of subpart GGGGG (except for certain recordkeeping 
requirements) if you determine that the total quantity of the HAP that 
is contained in the remediation material excavated, extracted, pumped, 
or otherwise removed during all of the site remediations conducted at 
your facility is less than 1 Mg annually. This final rule language for 
the exemption provisions does not change how the 1 Mg limit is applied 
nor change the documentation requirements for the exemption, but adds 
clarifying language stating that the 1 Mg limit applies on a facility-
wide, annual basis and that there is no restriction to the number of 
site remediations that can be conducted under the exemption. Also, in 
response to public comments on the proposed regulatory language, the 
term ``annual'' was substituted for ``calendar year'', and language was 
added to the final rule stating that a Title V permit does not have to 
be reopened or revised solely to include the recordkeeping requirement 
required for the 1 Mg exemption. However, the recordkeeping requirement 
must be included in the facility's Title V permit the next time the 
permit is renewed, reopened, or revised for another reason.

C. Short-Term Site Remediation Exemption (30-Day)

    Subpart GGGGG of 40 CFR part 63 is amended to clarify the rule 
language with respect to our intent for application of the 30-day site 
remediation exemption, including those situations when the remediation 
material is transferred off-site. Under this exemption, site 
remediations at your facility with affected sources subject to 
regulation under subpart GGGGG that can be completed within 30 days are 
exempted from having to meet the air emission control requirements 
specified in this final rule. The final rule language explicitly 
defines the beginning and end of the 30-day period for the purpose of 
qualifying for the exemption.
    The first day of the 30-day exemption period is defined as the day 
on which you initiate any action that removes, destroys, degrades, 
transforms, immobilizes, or otherwise manages the remediation 
materials. Certain activities that you perform to prepare for the 
actual cleanup of the contaminated media are not counted as part of the 
30-day period. The period of time (i.e., number days) that you are 
required to perform the following activities are not counted as part of 
the 30-day interval that cannot be exceeded in order to qualify for the 
exemption provided that these activities are completed before the 
actual site cleanup begins: Activities to characterize the type and 
extent of the contamination by collecting and analyzing samples; 
activities to obtain permits from Federal, State, or local authorities 
to conduct the site remediation; activities to schedule workers and 
necessary equipment; and activities to arrange for contractor or third 
party assistance in performing the site remediation.
    The last day of the 30-day exemption period is defined as the day 
on which all of the remediation materials generated by the cleanup have 
been treated or disposed of in a manner such that the organic HAP in 
the material no longer have a reasonable potential for volatilizing and 
being released to the atmosphere (e.g., placed in a landfill). The 
exemption does not apply to a site remediation where the only 
activities completed during the 30-day period are excavating, pumping, 
or otherwise removing the remediation material from the contaminated 
area, and then storing this material on-site (e.g., in waste piles, 
tanks, or containers) to be treated or disposed at some later date 
after the end of the 30-day period. In this case, the processes and 
equipment used for site remediation need to meet the applicable air 
emission control requirement in 40 CFR part 63, subpart GGGGG (unless 
the site remediation qualifies for another exemption allowed under the 
rule).
    It was our intent that this exemption be used for those short-term 
site remediations for which all of the remediation materials generated 
by the cleanup are treated or disposed within the 30-day period to meet 
the requirement that the organic HAP constituents in the materials no 
longer have a reasonable potential for volatilizing and subsequent 
release to the atmosphere. However, we recognize that in some 
situations where the remediation materials are shipped off-site for 
treatment or disposal, unexpected special circumstances

[[Page 69014]]

beyond the direct control of the facility owner or operator may not 
allow the final treatment or disposal of the remediation material sent 
to the off-site location to be completed within the 30-day period 
required to qualify for the exemption. To address these situations, 
this final rule includes a provision allowing you to qualify for the 
exemption provided that all of the remediation material generated by 
your cleanup is transferred off-site within the 30-day exemption period 
according to the existing requirements specified in section 63.7936 of 
subpart GGGGG for remediation material transferred to another party or 
shipped to another facility. The requirements in section 63.7936 apply 
to the off-site transfer of remediation materials that have an average 
total average volatile organic HAP (VOHAP) concentration equal to or 
greater than 10 parts per million by weight (ppmw), and provide the 
owner or operator of the affected facility from which the remediation 
material is transferred with several compliance options. This final 
rule adds the requirement that you must include in the applicable 
shipping documentation used to transfer the remediation material off-
site, in addition to any notifications and certifications required 
under section 63.7936, a statement that the shipped material was 
generated by a site remediation activity subject to the conditions 
specified for the 30-day exemption. The statement must include the date 
on which you initiated the site remediation activity generating the 
shipped remediation materials and the date 30 calendar days following 
your initiation date.

D. Point of Determination of Remediation Material VOHAP Concentration

    Subpart GGGGG of 40 CFR part 63 applies the air emission control 
requirements for remediation material management units (i.e., tanks, 
surface impoundments, containers, oil/water separators, organic/water 
separators and transfer systems) to those units that manage remediation 
material with an average VOHAP concentration equal to or greater than 
500 ppmw. The final rule revises the applicable regulatory language in 
subpart GGGGG referring to the point at which the facility owner or 
operator determines the average VOHAP concentration of a remediation 
material. The final rule implements our original intended VOHAP 
determination procedure by reinstating the regulatory language and 
terminology we originally proposed for rule, and removing the term 
``point-of-extraction'' from the rule.
    Under the amended 40 CFR part 63, subpart GGGGG, you are required 
to determine the average total VOHAP concentration of the remediation 
material at a point prior to or within a remediation material 
management unit. Thus, once the VOHAP concentration for a remediation 
material has been determined to be less than 500 ppmw, all remediation 
material management units downstream from the point of determination 
that manage this material are no longer required to meet the air 
emission control requirements in subpart GGGGG unless a remediation 
process is used that concentrates all, or part of, the remediation 
material being managed in the unit such that the VOHAP concentration of 
the material increases to 500 ppmw or more. The amended regulatory 
language also clarifies that any free product returned to a 
manufacturing process is no longer subject to the air emission control 
requirements in subpart GGGGG.

E. Requirements for Equipment Leaks

    The final rule adds a compliance option to 40 CFR part 63, subpart 
GGGGG, air emission control requirements for those affected equipment 
leak sources already using air pollution controls or work practices to 
comply with another subpart under 40 CFR part 61 or 40 CFR part 63. 
Under this option, the affected source is in compliance with subpart 
GGGGG if the HAP emissions from the affected equipment leak source are 
controlled in compliance with the applicable standards specified in the 
other subpart in part 61 or 63 that the affected source is subject. 
This final rule extends the same compliance option that subpart GGGGG 
already allows for process vents and remediation material management 
units to equipment leak sources.
    If you choose to comply with this option, you must comply with all 
of the applicable emissions limitations and work practice standards 
under the other subpart (e.g., you implement leak detection and control 
measures to reduce HAP emissions as specified by the applicable 
subpart). This provision does not apply to any exemption of the 
affected source from the emissions limitations and work practice 
standards allowed by the other applicable subpart.

F. Other Rule Corrections

    For purposes of implementing the requirements of subpart GGGGG, 
Table 1 in the rule lists the specific organic chemical compounds, 
isomers, and mixtures that are HAP. The final rule updates this table 
to be consistent with EPA's current HAP list. The final rule removes 
from Table 1 the listings for 1,1-dimethyl hydrazine and methyl ethyl 
ketone. Both of these organic chemical compounds have been delisted as 
HAP.
    Provisions in 40 CFR part 63, subpart GGGGG related to startup, 
shutdown, and malfunction plan requirements have been revised, as 
appropriate, to be consistent with the amendments to the General 
Provisions under subpart A to 40 CFR part 63 that we promulgated on 
April 20, 2006 (71 FR 20446).
    The final rule includes changes to the cross-reference citations in 
Sec. Sec.  63.7938(b)(2), 63.7938(d)(2), 63.7938(d)(3), 63.7941(h), 
63.7950(c), 63.7884(b)(2), and Table 3 of the rule to cite the correct 
provision in 40 CFR part 63, subpart GGGGG that we had intended to be 
referenced. Also, the final amendments correct terminology, 
typographical, and grammatical errors in specific provisions of subpart 
GGGGG that have been identified since the rule was originally 
promulgated. The final rule replaces the rule language with the correct 
cross-reference citation, term, or wording, but do not change any of 
the technical or administrative requirements of the rule.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The final rule results in no changes to the information collection 
requirements of the existing rule. OMB has previously approved the 
information collection requirements contained in 40 CFR part 63, 
subpart GGGGG, under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and has assigned OMB control number 2060-0534, EPA 
ICR number 2062.02. A copy of the OMB approved Information Collection 
Request (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,

[[Page 69015]]

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 part 63 are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For the purposes of assessing the impacts of the final rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration 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 on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The small 
entities that may be directly regulated by the rule include small 
businesses and small governmental jurisdictions. We have determined 
that there is little or no impact on any affected small entities 
because the final rule amends existing regulations to clarify specific 
provisions and to correct technical omissions and editorial errors.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
the aggregate, or 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 does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or to the 
private sector in any 1 year. Thus, the final rule is not subject to 
the requirements of sections 202 and 205 of the UMRA. In addition, EPA 
has determined that the final rule contains 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.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (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'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    The final rule does not have federalism implications. The final 
rule does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. The final rule does 
not add any new requirements to the current rule, they only clarify our 
intent and correct errors. Thus, Executive Order 13132 does not apply 
to the final amendments.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires 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 does not have 
tribal implications, as specified in Executive Order 13175. This action 
does 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. Thus, Executive Order 13175 does not 
apply to the final rule.

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

    Executive Order 13045 (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, EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory

[[Page 69016]]

actions that are based on health or safety risks, such that the 
analysis required under section 5-501 of the Executive Order has the 
potential to influence the regulation. The final rule is not subject to 
the Executive Order because they are based on control technology and 
not on health or safety risks.

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

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy because it 
only clarifies our intent and corrects errors in the existing rule. 
Further, we have concluded that the final rule is not likely to have 
any adverse energy effects.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, 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. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
one or more VCS bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency does not use available and 
applicable VCS.
    This action does not involve any new technical standards or the 
incorporation by reference of existing technical standards. Therefore, 
the consideration of VCS is not relevant to this action.

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 amendments and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the final amendments 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). These final amendments are 
effective on November 29, 2006.

List of Subjects in 40 CFR Part 63

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

    Dated: November 22, 2006.
Stephen L. Johnson,
Administrator.

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

PART 63--[AMENDED]

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

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

Subpart GGGGG--[Amended]

0
2. Section 63.7881 is amended by revising paragraphs (a)(3) and (c) to 
read as follows:


Sec.  63.7881  Am I subject to this subpart?

    (a) * * *
    (3) Your facility is a major source of HAP as defined in Sec.  
63.2, except as specified in paragraph (a)(3)(i) or (ii) of this 
section. A major source emits or has the potential to emit any single 
HAP at the rate of 10 tons (9.07 megagrams) or more per year or any 
combination of HAP at a rate of 25 tons (22.68 megagrams) or more per 
year.
    (i) For production field facilities, as defined in Sec.  63.761, 
only the HAP emissions from the glycol dehydration units and storage 
vessels with the potential for flash emissions (both as defined in 
Sec.  63.761) shall be aggregated with the HAP emissions from the site 
remediation activities at the facility for a major source 
determination.
    (ii) For natural gas transmission and storage facilities, HAP 
emissions shall be aggregated in accordance with the definition of 
major source in Sec.  63.1271 for a major source determination.
* * * * *
    (c) Your site remediation activities are not subject to the 
requirements of this subpart, except for the recordkeeping requirements 
in this paragraph, provided that you meet the requirements specified in 
paragraphs (c)(1) through (c)(3) of this section.
    (1) You determine that the total quantity of the HAP listed in 
Table 1 to this subpart that is contained in the remediation material 
excavated, extracted, pumped, or otherwise removed during all of the 
site remediations conducted at your facility is less than 1 megagram 
(Mg) annually. This exemption applies the 1 Mg limit on a facility-
wide, annual basis, and there is no restriction to the number of site 
remediations that can be conducted during this period.
    (2) You must prepare and maintain at your facility written 
documentation to support your determination that the total HAP quantity 
in your remediation materials for the year is less than 1 Mg. The 
documentation must include a description of your methodology and data 
used for determining the total HAP content of the remediation material.
    (3) Your Title V permit does not have to be reopened or revised 
solely to include the recordkeeping requirement specified in paragraph 
(c)(2) of this section. However, the requirement must be included in 
your permit the next time the permit is renewed, reopened, or revised 
for another reason.
* * * * *

0
3. Section 63.7884 is revised to read as follows:


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

    (a) For each site remediation with an affected source designated 
under Sec.  63.7882, you must meet the standards specified in 
Sec. Sec.  63.7885 through 63.7955, as applicable to your affected 
source, unless your site remediation meets the requirements for an 
exemption under paragraph (b) of this section.
    (b) A site remediation that is completed within 30 consecutive 
calendar days according to the conditions in paragraphs (b)(1) through 
(3) of this section is not subject to the standards under paragraph (a) 
of this section. This exemption cannot be used for a site remediation 
involving the staged or intermittent cleanup of remediation material 
whereby the remediation activities at the site are started, stopped, 
and then re-started in a series of intervals, with durations less than 
30-days per interval, when the time period from the beginning of the 
first interval to the end of the last interval exceeds 30 days.
    (1) The 30 consecutive calendar day period for a site remediation 
that qualifies for this exemption is determined according to actions 
taken by you as defined in paragraphs (b)(1)(i) through (iii) of this 
section.
    (i) The first day of the 30-day period is defined as the day on 
which you initiate any action that removes, destroys, degrades, 
transforms, immobilizes, or otherwise manages the

[[Page 69017]]

remediation materials. The following activities, when completed before 
beginning this initial action, are not counted as part of the 30-day 
period: Activities to characterize the type and extent of the 
contamination by collecting and analyzing samples; activities to obtain 
permits from Federal, State, or local authorities to conduct the site 
remediation; activities to schedule workers and necessary equipment; 
and activities to arrange for contractor or third party assistance in 
performing the site remediation.
    (ii) The last day of the 30-day period is defined as the day on 
which treatment or disposal of all of the remediation materials 
generated by the cleanup is completed such that the organic 
constituents in these materials no longer have a reasonable potential 
for volatilizing and being released to the atmosphere.
    (iii) If treatment or disposal of the remediation materials is 
conducted at an off-site facility where the final treatment or disposal 
of the material cannot, or may not, be completed within the 30-day 
exemption period, then the shipment of all of the remediation material 
generated from your cleanup that is transferred to another party, or 
shipped to another facility, within the 30-day period, must be 
performed according to the applicable requirements specified in Sec.  
63.7936.
    (2) For the purpose of complying with paragraph (b)(1) of this 
section, if you ship or otherwise transfer the remediation material 
off-site you must include in the applicable shipping documentation, in 
addition to any notifications and certifications required under Sec.  
63.7936, a statement that the shipped material was generated by a site 
remediation activity subject to the conditions of this exemption. The 
statement must include the date on which you initiated the site 
remediation activity generating the shipped remediation materials, as 
specified in paragraph (b)(1)(i) of this section, and the date 30 
calendar days following your initiation date.
    (3) You must prepare and maintain at your facility written 
documentation describing the exempted site remediation, and listing the 
initiation and completion dates for the site remediation.

0
4. Section 63.7886 is amended by revising paragraph (b)(2) to read as 
follows:


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

* * * * *
    (b) * * *
    (2) You determine that the average total VOHAP concentration, as 
defined in Sec.  63.7957, of the remediation material managed in the 
remediation material management unit material is less than 500 ppmw. 
You must follow the requirements in Sec.  63.7943 to demonstrate that 
the VOHAP concentration of the remediation material is less than 500 
ppmw. Once the VOHAP concentration for a remediation material has been 
determined to be less than 500 ppmw, all remediation material 
management units downstream from the point of determination managing 
this material meet the requirements of this paragraph unless a 
remediation process is used that concentrates all, or part of, the 
remediation material being managed in the unit such that the VOHAP 
concentration of the material could increase. Any free product returned 
to the manufacturing process (e.g., recovered oil returned to a storage 
tank at a refinery) is no longer subject to this subpart.
* * * * *

0
5. Section 63.7887 is revised to read as follows:


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

    (a) You must control HAP emissions from equipment leaks from each 
equipment component that is part of the affected source by implementing 
leak detection and control measures according to the standards 
specified in Sec. Sec.  63.7920 through 63.7922 unless you elect to 
meet the requirements in paragraph (b) of this section.
    (b) If the affected equipment leak source is also subject to 
another subpart in 40 CFR part 61 or 40 CFR part 63, you may control 
emissions of the HAP listed in Table 1 to this subpart from the 
affected equipment leak source in compliance with the standards 
specified in the other applicable subpart. This means you are complying 
with all applicable emissions limitations and work practice standards 
under the other subpart (e.g., you implement leak detection and control 
measures to reduce HAP emissions as specified by the applicable 
subpart). This provision does not apply to any exemption of the 
affected source from the emissions limitations and work practice 
standards allowed by the other applicable subpart.

0
6. Section 63.7890 is amended by revising paragraph (b)(2) to read as 
follows:


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

* * * * *
    (b) * * *
    (2) Reduce from all affected process vents the emissions of total 
organic compounds (TOC) (minus methane and ethane) to a level below 1.4 
kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or
* * * * *

0
7. Section 63.7893 is amended by revising paragraph (b) introductory 
text to read as follows:


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

* * * * *
    (b) You must maintain emission levels from all of your affected 
process vents to meet the facilitywide emission limits in Sec.  
63.7890(b) that apply to you, as specified in paragraphs (b)(1) through 
(4) of this section.
* * * * *

0
8. Section 63.7896 is amended by revising paragraph (b)(2) to read as 
follows:


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

* * * * *
    (b) * * *
    (2) You have determined, according to the procedures in Sec.  
63.7944, and recorded the maximum HAP vapor pressure of the remediation 
material placed in each affected tank subject to Sec.  63.7886(b)(1)(i) 
that does not use Tank Level 2 controls.
* * * * *

0
9. Section 63.7898 is amended by revising paragraph (e)(2) to read as 
follows:


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

* * * * *
    (e) * * *
    (2) Visually inspecting the external floating roof according to the 
requirements in Sec.  63.1063(d)(1) and inspecting the seals according 
to the requirements in Sec.  63.1063(d)(2) and (3).
* * * * *

0
10. Section 63.7913 is amended by revising paragraph (c) introductory 
text to read as follows:


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

* * * * *

[[Page 69018]]

    (c) You must demonstrate continuous compliance for each separator 
using a fixed roof vented through a closed vent system to a control 
device according to Sec.  63.7910(b)(2) by meeting the requirements in 
paragraphs (c)(1) through (6) of this section.
* * * * *

0
11. Section 63.7915 is amended by revising paragraph (c)(2) to read as 
follows:


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

* * * * *
    (c) * * *
    (2) A transfer system that consists of continuous hard piping. All 
joints or seams between the pipe sections must be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
* * * * *

0
12. Section 63.7917 is amended by revising paragraph (c) to read as 
follows:


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

* * * * *
    (c) If you operate a transfer system consisting of hard piping 
according to Sec.  63.7915(c)(2), you must annually inspect the 
unburied portion of pipeline and all joints for leaks and other 
defects. In the event that a defect is detected, you must repair the 
leak or defect according to the requirements of paragraph (e) of this 
section.
* * * * *

0
13. Section 63.7918 is amended by revising paragraphs (d) and (e) 
introductory text to read as follows:


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

* * * * *
    (d) You must demonstrate continuous compliance for each transfer 
system that consists of hard piping according to Sec.  63.7915(c)(2) by 
meeting the requirements in paragraphs (d)(1) through (4) of this 
section.
    (1) Operating and maintaining the pipeline to ensure that all 
joints or seams between the pipe sections remain permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (2) Inspecting the pipeline for defects at least annually according 
to the requirements in Sec.  63.7917(c).
    (3) Repairing defects according to the requirements in Sec.  
63.7917(e).
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance for each transfer 
system that is enclosed and vented to a control device according to 
Sec.  63.7915(c)(3) by meeting the requirements in paragraphs (e)(1) 
through (5) of this section.
* * * * *

0
14. Section 63.7927 is amended by revising paragraph (b)(3) to read as 
follows:


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

* * * * *
    (b) * * *
    (3) Use a CPMS to measure and record the hourly average temperature 
of the adsorption bed after regeneration (and within 15 minutes after 
completing any cooling cycle).
* * * * *

0
15. Section 63.7928 is amended by revising paragraphs (b)(6) and (7) 
and (c) introductory text to read as follows:


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

* * * * *
    (b) * * *
    (6) If the closed vent system is equipped with a flow indicator, 
recording the information in Sec.  63.693(c)(2)(i).
    (7) If the closed vent system is equipped with a seal or locking 
device, visually inspecting the seal or closure mechanism at least 
monthly according to the requirements in Sec.  63.693(c)(2)(ii), and 
recording the results of each inspection.
    (c) You must demonstrate continuous compliance of each control 
device subject to the emissions limits in Sec.  63.7925(d) with the 
applicable emissions limit in Sec.  63.7925(d) by meeting the 
requirements in paragraph (c)(1) or (2) of this section.
* * * * *

0
16. Section 63.7935 is amended by revising paragraphs (c) and (f) to 
read as follows:


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

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).
* * * * *
    (f) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with Sec.  63.6(e)(1). We will 
determine whether deviations that occur during a period of startup, 
shutdown, or malfunction are violations, according to the provisions in 
Sec.  63.6(e).
* * * * *

0
17. Section 63.7937 is amended by revising paragraphs (c)(2) and 
(c)(4)(ii) to read as follows:


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

* * * * *
    (c) * * *
    (2) If the remediation material managed in the affected remediation 
material management unit has an average total VOHAP concentration less 
than 500 ppmw according to Sec.  63.7886(b)(2), you have submitted as 
part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have determined, according to the 
procedures in Sec.  63.7943, and recorded the average VOHAP 
concentration of the remediation material placed in the affected 
remediation material management unit.
* * * * *
    (4) * * *
    (ii) You will monitor the biological treatment process conducted in 
each unit according to the requirements in Sec.  63.684(e)(4).
* * * * *

0
18. Section 63.7938 is amended by revising paragraphs (b)(2) and 
(c)(4)(ii) to read as follows:


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

* * * * *
    (b) * * *
    (2) If the remediation material treated or managed by the process 
vented through the affected process vents has an average total VOHAP 
less than 10 ppmw according to Sec.  63.7885(c)(1), you must 
demonstrate continuous compliance by performing a new determination and 
preparing new documentation as required in Sec.  63.7885(c)(2) to show 
that the total VOHAP concentration of the remediation material remains 
less than 10 ppmw.
    (c) * * *
    (4) * * *
    (ii) Monitoring the biological treatment process conducted in each

[[Page 69019]]

unit according to the requirements in Sec.  63.7886(4)(i).
* * * * *

0
19. Section 63.7940 is amended by revising paragraph (c) to read as 
follows:


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

* * * * *
    (c) For new sources, you must conduct initial performance tests and 
other initial compliance demonstrations according to the provisions in 
Sec.  63.7(a)(2).

0
20. Section 63.7941 is amended as follows:
0
a. By revising paragraph (c);
0
b. By revising paragraph (g); and
0
c. By removing and reserving paragraph (h):


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

* * * * *
    (c) If you use a carbon adsorption system, condenser, vapor 
incinerator, boiler, or process heater to meet an emission limit in 
this subpart, you may choose to perform a design evaluation to 
demonstrate initial compliance instead of a performance test. You must 
perform a design evaluation according to the general requirements in 
Sec.  63.693(b)(8) and the specific requirements in Sec.  
63.693(d)(2)(ii) for a carbon adsorption system (including establishing 
carbon replacement schedules and associated requirements), Sec.  
63.693(e)(2)(ii) for a condenser, Sec.  63.693(f)(2)(ii) for a vapor 
incinerator, or Sec.  63.693(g)(2)(i)(B) for a boiler or process 
heater.
* * * * *
    (g) If you are required to conduct a visual inspection of an 
affected source, you must conduct the inspection according to the 
procedures in Sec.  63.906(a)(1) for Tank Level 1 controls, Sec.  
63.1063(d) for Tank Level 2 controls, Sec.  63.926(a) for Container 
Level 1 controls, Sec.  63.946(a) for a surface impoundment equipped 
with a floating membrane cover, Sec.  63.946(b) for a surface 
impoundment equipped with a cover and vented to a control device, Sec.  
63.1047(a) for a separator with a fixed roof, Sec.  63.1047(c) for a 
separator equipped with a fixed roof and vented to a control device, 
Sec.  63.695(c)(1)(i) or (c)(2)(i) for a closed vent system, and Sec.  
63.964(a) for individual drain systems.
* * * * *
    (h) [Reserved]
* * * * *


0
21. Section 63.7943 is amended as follows:
0
a. By revising paragraph (a);
0
b. By revising paragraph (b) introductory text;
0
c. By revising paragraphs (b)(1) introductory text and (b)(3); and
0
d. By revising paragraph (c) introductory text.


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

    (a) General requirements. You must determine the average total 
VOHAP concentration of a remediation material using either direct 
measurement as specified in paragraph (b) of this section or by 
knowledge as specified in paragraph (c) of this section. These methods 
may be used to determine the average VOHAP concentration of any 
material listed in (a)(1) through (3) of this section.
    (1) A single remediation material stream; or
    (2) Two or more remediation material streams that are combined 
prior to, or within, a remediation material management unit or 
treatment process; or
    (3) Remediation material that is combined with one or more non-
remediation material streams prior to, or within, a remediation 
material management unit or treatment process.
    (b) Direct measurement. To determine the average total VOHAP 
concentration of a remediation material using direct measurement, you 
must use the procedures in paragraphs (b)(1) through (3) of this 
section.
    (1) Sampling. Samples of each material stream must be collected 
from the container, pipeline, or other device used to deliver each 
material stream prior to entering the remediation material management 
unit or treatment process in a manner such that volatilization of 
organics contained in the sample is minimized and an adequately 
representative sample is collected and maintained for analysis by the 
selected method.
* * * * *
    (3) Calculations. The average total VOHAP concentration (C) on a 
mass-weighted basis must be calculated by using the results for all 
samples analyzed according to paragraph (b)(2) of this section and 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29NO06.007

Where:
C = Average VOHAP concentration of the material on a mass-weighted 
basis, ppmw.
i = Individual sample ``i'' of the material.
n = Total number of samples of the material collected (at least 4 
per stream) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of material stream represented by 
Ci, kilograms per hour (kg/hr).
QT = Total mass quantity of all material during the 
averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as 
determined according to the requirements of paragraph (b)(2) of this 
section, ppmw.

    (c) Knowledge of the material. To determine the average total VOHAP 
concentration of a remediation material using knowledge, you must use 
the procedures in paragraphs (c)(1) through (3) of this section.
* * * * *

0
22. Section 63.7950 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.7950  What notifications must I submit and when?

* * * * *
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after the effective date, you must 
submit an Initial Notification no later than 120 calendar days after 
initial startup.
* * * * *

0
23. Section 63.7956 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  63.7956  Who implements and enforces this subpart?

* * * * *
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section.
* * * * *

0
24. Section 63.7957 is amended by removing the definition of ``Point-
of-extraction'' and revising the definitions of ``deviation'' and 
``transfer system'' to read as follows:


Sec.  63.7957  What definitions apply to this subpart?

* * * * *
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emissions limitation 
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or

[[Page 69020]]

    (3) Fails to meet any emissions limitation, (including any 
operating limit), or work practice standard in this subpart during 
startup, shutdown, or malfunction, regardless of whether or not such 
failure is permitted by this subpart.
* * * * *
    Transfer system means a stationary system for which the predominant 
function is to convey liquids or solid materials from one point to 
another point within a waste management operation or recovery 
operation. For the purpose of this subpart, the conveyance of material 
using a container (as defined for this subpart) or a self-propelled 
vehicle (e.g., a front-end loader) is not a transfer system. Examples 
of a transfer system include but are not limited to a pipeline, an 
individual drain system, a gravity-operated conveyor (such as a chute), 
and a mechanically-powered conveyor (such as a belt or screw conveyor).
* * * * *

0
25. Table 1 to Subpart GGGGG of Part 63 is revised to read as follows:

 Table 1 to Subpart GGGGG of Part 63.--List of Hazardous Air Pollutants
------------------------------------------------------------------------
           CAS No.a                    Compound name           Fm 305
------------------------------------------------------------------------
75070.........................  Acetaldehyde..............        1.000
75058.........................  Acetonitrile..............        0.989
98862.........................  Acetophenone..............        0.314
98862.........................  Acetophenone..............        0.314
107028........................  Acrolein..................        1.000
107131........................  Acrylonitrile.............        0.999
107051........................  Allyl chloride............        1.000
71432.........................  Benzene (includes benzene         1.000
                                 in gasoline).
98077.........................  Benzotrichloride (isomers         0.958
                                 and mixture).
100447........................  Benzyl chloride...........        1.000
92524.........................  Biphenyl..................        0.864
542881........................  Bis(chloromethyl)ether b..        0.999
75252.........................  Bromoform.................        0.998
106990........................  1,3-Butadiene.............        1.000
75150.........................  Carbon disulfide..........        1.000
56235.........................  Carbon Tetrachloride......        1.000
43581.........................  Carbonyl sulfide..........        1.000
133904........................  Chloramben................        0.633
108907........................  Chlorobenzene.............        1.000
67663.........................  Chloroform................        1.000
107302........................  Chloromethyl methyl ether         1.000
                                 b.
126998........................  Chloroprene...............        1.000
98828.........................  Cumene....................        1.000
94757.........................  2,4-D, salts and esters...        0.167
334883........................  Diazomethane c............        0.999
132649........................  Dibenzofurans.............        0.967
96128.........................  B1,2-Dibromo-3-                   1.000
                                 chloropropane.
106467........................  1,4-Dichlorobenzene(p)....        1.000
107062........................  Dichloroethane (Ethylene          1.000
                                 dichloride).
111444........................  Dichloroethyl ether (Bis(2-       0.757
                                 chloroethylether).
542756........................  1,3-Dichloropropene.......        1.000
64675.........................  Diethyl sulfate...........        0.0025
79447.........................  Dimethyl carbamoyl                0.150
                                 chloride c.
77781.........................  Dimethyl sulfate..........        0.086
121697........................  N,N-Dimethylaniline.......        0.0008
51285.........................  2,4-Dinitrophenol.........        0.0077
121142........................  2,4-Dinitrotoluene........        0.0848
123911........................  1,4-Dioxane (1,4-                 0.869
                                 Diethyleneoxide).
106898........................  Epichlorohydrin (1-Chloro-        0.939
                                 2,3-epoxypropane).
106887........................  1,2-Epoxybutane...........        1.000
140885........................  Ethyl acrylate............        1.000
100414........................  Ethyl benzene.............        1.000
75003.........................  Ethyl chloride                    1.000
                                 (Chloroethane).
106934........................  Ethylene dibromide                0.999
                                 (Dibromoethane).
107062........................  Ethylene dichloride (1,2-         1.000
                                 Dichloroethane).
151564........................  Ethylene imine (Aziridine)        0.867
75218.........................  Ethylene oxide............        1.000
75343.........................  Ethylidene dichloride (1,1-       1.000
                                 Dichloroethane).               [e]
                                 Glycol ethers d that have
                                 a Henry's Law Constant
                                 value equal to or greater
                                 than 0.01 Y/X(1.8 x 10-6
                                 atm/gm-mole/m3) at
                                 25[deg]C.
118741........................  Hexachlorobenzene.........        0.97
87683.........................  Hexachlorobutadiene.......        0.88
67721.........................  Hexachloroethane..........        0.499
110543........................  Hexane....................        1.000
78591.........................  Isophorone................        0.506
58899.........................  Lindane (all isomers).....        1.000
67561.........................  Methanol..................        0.855
74839.........................  Methyl bromide                    1.000
                                 (Bromomethane).
74873.........................  Methyl chloride                   1.000
                                 (Choromethane).
71556.........................  Methyl chloroform (1,1,1-         1.000
                                 Trichloroethane).

[[Page 69021]]

 
74884.........................  Methyl iodide                     1.000
                                 (Iodomethane).
108101........................  Methyl isobutyl ketone            0.979
                                 (Hexone).
624839........................  Methyl isocyanate.........        1.000
80626.........................  Methyl methacrylate.......        0.999
1634044.......................  Methyl tert butyl ether...        1.000
75092.........................  Methylene chloride                1.000
                                 (Dichloromethane).
91203.........................  Naphthalene...............        0.994
98953.........................  Nitrobenzene..............        0.394
79469.........................  2-Nitropropane............        0.989
82688.........................  Pentachloronitrobenzene           0.839
                                 (Quintobenzene).
87865.........................  Pentachlorophenol.........        0.0898
75445.........................  Phosgene \c\..............        1.000
123386........................  Propionaldehyde...........        0.999
78875.........................  Propylene dichloride (1,2-        1.000
                                 Dichloropropane).
75569.........................  Propylene oxide...........        1.000
75558.........................  1,2-Propylenimine (2-             0.945
                                 Methyl aziridine).
100425........................  Styrene...................        1.000
96093.........................  Styrene oxide.............        0.830
79345.........................  1,1,2,2-Tetrachloroethane.        0.999
127184........................  Tetrachloroethylene               1.000
                                 (Perchloroethylene).
108883........................  Toluene...................        1.000
95534.........................  o-Toluidine...............        0.152
120821........................  1,2,4-Trichlorobenzene....        1.000
71556.........................  1,1,1-Trichloroethane             1.000
                                 (Methyl chlorform).
79005.........................  1,1,2-Trichloroethane             1.000
                                 (Vinyltrichloride).
79016.........................  Trichloroethylene.........        1.000
95954.........................  2,4,5-Trichlorophenol.....        0.0108
88062.........................  2,4,6-Trichlorophenol.....        0.0132
121448........................  Triethylamine.............        1.000
540841........................  2,2,4-Trimethylpentane....        1.000
108054........................  Vinyl acetate.............        1.000
593602........................  Vinyl bromide.............        1.000
75014.........................  Vinyl chloride............        1.000
75354.........................  Vinylidene chloride (1,1-         1.000
                                 Dichloroethylene).
1330207.......................  Xylenes (isomers and              1.000
                                 mixture).
95476.........................  o-Xylenes.................        1.000
108383........................  m-Xylenes.................        1.000
106423........................  p-Xylenes.................        1.000
------------------------------------------------------------------------
Notes:
Fm 305 Fraction measure factor in Method 305, 40 CFR 305 part 63,
  appendix A.
a CAS numbers refer to the Chemical Abstracts Services registry number
  assigned to specific compounds, isomers, or mixtures of compounds.
b Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis
  products are also HAP chemicals.
c Denotes a HAP that may react violently with water.
d Denotes a HAP that hydrolyzes slowly in water.
e The Fm 305 factors for some of the more common glycol 305 ethers can
  be obtained by contacting the Waste and Chemical Processes Group,
  Office of Air Quality Planning and Standards, Research Triangle Park,
  NC 27711.


0
26. Table 3 is amended by revising the entries for ``63.7(c)'', 
``63.8(c)(1)(i)'', and ``63.8(c)(6)'' to read as follows:

           Table 3 to Subpart GGGGG of Part 63.--Applicability of General Provisions to Subpart GGGGG
                                                    * * * * *
----------------------------------------------------------------------------------------------------------------
            Citation                    Subject            Brief description         Applies to subpart GGGGG
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.7(c)..................  Quality Assurance/   Requirement to submit     Yes.
                                   Test Plan.           site-specific test plan
                                                        60 days before the test
                                                        or on date
                                                        Administrator agrees
                                                        with: Test plan
                                                        approval procedures;
                                                        performance audit
                                                        requirements; internal
                                                        and external QA
                                                        procedures for testing.
 
                                                  * * * * * * *
Sec.   63.8(c)(1)(i)............  Routine and          Keep parts for routine    Yes.
                                   Predictable SSM.     repairs available;
                                                        reporting requirements
                                                        for SSM when action is
                                                        described in SSM plan.
 

[[Page 69022]]

 
                                                  * * * * * * *
Sec.   63.8(c)(6)...............  CMS Requirements...  Zero and High level       Yes.
                                                        calibration check        However requirements for CPMS
                                                        requirements.             are addressed in Sec.
                                                                                  63.7927.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E6-20119 Filed 11-28-06; 8:45 am]
BILLING CODE 6560-50-P