[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Proposed Rules]
[Pages 66694-66712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26403]



[[Page 66693]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants From Petroleum 
Refineries; Proposed Rule

  Federal Register / Vol. 73 , No. 218 / Monday, November 10, 2008 / 
Proposed Rules  

[[Page 66694]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2003-0146; FRL-8737-8]
RIN 2060-AO55


National Emission Standards for Hazardous Air Pollutants From 
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice to proposed rulemaking.

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SUMMARY: This action supplements the proposed amendments to the 
national emission standards for petroleum refineries (Refinery MACT 1) 
published on September 4, 2007. The 2007 proposal, in part, sets forth 
proposed maximum achievable control technology and residual risk 
requirements for cooling towers and proposed residual risk and 
technology review requirements for storage tanks. This supplemental 
proposal contains new proposed requirements for cooling towers, a new 
option for storage vessels, and clarifications and corrections to 
definitions, tables, and regulatory citations.

DATES: Comments must be received on or before December 10, 2008, unless 
a public hearing is requested by November 20, 2008. If a hearing is 
requested on the proposed rule, written comments must be received by 
December 26, 2008. Under the Paperwork Reduction Act, comments on the 
information collection provisions must be received by the Office of 
Management and Budget (OMB) on or before December 10, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0146, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     E-mail: Comments may be sent by electronic mail (e-mail) 
to [email protected], Attention Docket ID No. EPA-HQ-OAR-2003-
0146.
     Fax: Fax your comments to: (202) 566-9744, Attention 
Docket ID No. EPA-HQ-OAR-2003-0146.
     Mail: Send your comments to: Air and Radiation Docket and 
Information Center, Environmental Protection Agency, Mailcode: 2822T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID 
No. EPA-HQ-OAR-2003-0146. Please include a total of two copies. We 
request that a separate copy also be sent to the contact person 
identified below (see FOR FURTHER INFORMATION CONTACT). In addition, 
please mail a copy of your comments on the information collection 
provisions to the Office of Information and Regulatory Affairs, Office 
of Management and Budget (OMB), Attn: Desk Office for EPA, 725 17th 
St., NW., Washington, DC 20503.
     Hand Delivery or Courier: Deliver your comments to: EPA 
Docket Center, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 
20004. Such deliveries are accepted only during the Docket's normal 
hours of operation and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0146. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the EPA Docket Center, Public 
Reading Room, EPA West Building, Room 3334, 1301 Constitution Ave., 
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m. Eastern Standard Time (EST), 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.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Lucas, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
Coatings and Chemicals Group (E143-01), Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, telephone number 
(919) 541-0884; fax number (919) 541-0246; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    The regulated category and entities affected by this proposed 
action include:

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              Category                NAICS \1\ code                Examples of regulated entities
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Industry............................           32411  Petroleum refineries located at a major source that are
                                                       subject to 40 CFR part 63, subpart CC.
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the 
proposed rule. To determine whether your facility would be regulated by 
the proposed amendments, you should carefully examine the applicability 
criteria in 40 CFR 63.100 of subpart CC (National Emission Standards 
for Hazardous Air Pollutants From Petroleum Refineries). If you have 
any questions regarding the applicability of this action to a 
particular entity, contact either the air permit authority for the 
entity or your

[[Page 66695]]

EPA regional representative as listed in 40 CFR 63.13 of subpart A 
(General Provisions).

B. What should I consider as I prepare my comments for EPA?

    Do not submit information containing CBI to EPA through 
www.regulations.gov or e-mail. Send or deliver information as CBI only 
to the following address: Roberto Morales, OAQPS Document Control 
Officer (C404-02), Office of Air Quality Planning and Standards, 
Environmental Protection Agency, Research Triangle Park, NC 27711, 
Attention Docket ID No. EPA-HQ-OAR-2003-0146 (for petroleum 
refineries). Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD ROM that you mail 
to EPA, mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

C. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed action will also be available on the Worldwide Web 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this proposed action 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.

D. When would a public hearing occur?

    If anyone contacts EPA requesting to speak at a public hearing 
concerning the supplemental proposal by November 20, 2008, we will hold 
a public hearing on November 25, 2008. If you are interested in 
attending the public hearing, contact Janet Eck at (919) 541-7946 to 
verify that a hearing will be held. If a public hearing is held, it 
will be held at 10 a.m. at the EPA's Environmental Research Center 
Auditorium, Research Triangle Park, NC, or an alternate site nearby.

E. How is this document organized?

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for EPA?
    C. Where can I get a copy of this document?
    D. When would a public hearing occur?
II. Background Information
III. Summary of Supplemental Proposal
    A. What are the proposed requirements to meet CAA sections 
112(f)(2) and (d)(6) for Group 1 storage vessels?
    B. What are the proposed requirements for cooling towers under 
CAA sections 112(d)(2) and (f)(2)?
    C. What other revisions and clarifications are we proposing?
IV. Rationale for Supplemental Proposed Amendments
    A. Storage Vessels
    B. Cooling Towers
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. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

II. Background Information

    On September 4, 2007 (72 FR 50716), EPA proposed several actions 
under section 112 of the Clean Air Act (CAA) with respect to petroleum 
refineries subject to the 1995 Refinery MACT 1 Rule (40 CFR part 63, 
subpart CC). Please refer to the 2007 proposal for additional 
background material. See 72 FR 50717-18. In response to comments 
received on the 2007 proposed rule, EPA further evaluated that proposal 
and is now supplementing its proposal with respect to cooling towers 
and storage vessels. In addition, as part of this notice, we are 
providing proposed revisions to the regulatory text to clarify and 
correct definitions, tables, and regulatory citations.

III. Summary of Supplemental Proposal

A. What are the proposed requirements to meet CAA sections 112(f)(2) 
and (d)(6) for Group 1 storage vessels?

    In the September 2007 proposed rule, EPA initially proposed two 
regulatory options for storage vessels under CAA sections 112(f)(2) and 
(d)(6): Option 1 would require no revisions to the Refinery MACT 1 rule 
and Option 2 would add the requirements in 40 CFR 63.119(c)(2)(ix) and 
(x) for slotted guide poles on existing external floating roof (EFR) 
storage vessels (Refinery MACT 1 currently provides an exemption from 
these requirements for existing storage vessels). For more detail on 
the proposed options, please see 72 FR 50726-27.
    Many commenters agreed that, of EPA's proposed options, Option 2, 
controls for slotted guide poles, is an appropriate and cost-effective 
level of control. However, several commenters supporting Option 2 
requested that EPA revise the regulatory text associated with Option 2 
to use clear terminology consistent with the most recent rules and 
technologies for storage vessels, i.e., the rules at 40 CFR part 63, 
subpart WW and the Storage Tank Emission Reduction Partnership Program 
(STERPP) (described at 65 FR 19891). Specifically, commenters noted 
that subpart WW and STERPP include clearer descriptions and definitions 
of control options and provide clear and specific criteria for 
requirements such as the required height of a pole float and the 
position of a gasket.
    Based on our review of public comments and subsequent analysis, we 
are proposing an additional option under CAA sections 112(f)(2) and 
(d)(6) for storage vessels. Specifically, we are proposing to remove 
the exemptions for existing EFR storage vessels and amend the 
requirements for all Group 1 storage vessels to be consistent with, and 
refer directly to, the requirements of 40 CFR part 63, subpart WW. The 
subpart WW requirements include the requirements for fitting controls 
on slotted guide poles, which were originally proposed under Option 2, 
as well as additional requirements for fittings for unslotted guide 
poles and other openings on EFR storage vessels. The proposed 
amendments also include the inspection, recordkeeping, and reporting 
requirements in subpart WW to account for the additional requirements 
for fitting controls for EFR storage vessels. It should be noted that, 
while subpart WW was preferred by the commenters and its stringency is 
equivalent to the HON, the existing 40 CFR part 63, subpart CC does not 
require all the specific tank fitting control requirements in the HON. 
While proposed Option 2 in the September 2007 proposal included some 
tank fitting control requirements not currently included in subpart CC, 
Option 2 did not include all of the tank fitting control requirements 
in the HON and subpart WW. Consequently, by proposing to require 
compliance with subpart WW, we are proposing full tank

[[Page 66696]]

fitting controls for Group 1 storage vessels, and, therefore, today's 
proposed amendments are more stringent than the existing subpart CC 
rules and the subpart CC amendments proposed in September 2007.
    The subpart WW requirements are being proposed because, in addition 
to providing clearer language for fitting controls, they provide an 
ample margin of safety to protect public health. This option reduces 
hazardous air pollutants (HAP) emissions and risks beyond the current 
maximum achievable control technology (MACT) standard using controls 
that are technically and economically feasible and that pose no adverse 
environmental impacts. We estimate that these changes would reduce the 
number of people at cancer risk greater than 1-in-1 million by 20,000 
individuals and the cancer incidence by 0.002--0.003 cases per year 
(i.e., prevent one cancer case every 400 years). This option would 
reduce emissions of volatile organic compounds (VOC) by 14,800 tons per 
year (tpy). Reducing VOC provides the added benefit of reducing ambient 
concentrations of ozone and may reduce fine particulate matter. The 
annualized cost impacts of this option are estimated to be a cost 
savings of $6.8 million. Our economic analysis (summarized later in 
this preamble) indicates that this cost will have little impact on the 
price and output of petroleum products.
    Under this option, we are proposing that the owner or operator of 
an existing Group 1 storage vessel comply with the requirements in 
subpart WW of this part no later than 90 days after promulgation of 
these amendments. As provided in 40 CFR part 63, subpart WW, and for 
the reasons provided in Section IV, we are proposing that retrofitting 
floating roof tanks with the guide pole controls and certain other 
requirements is not required until the next time the vessel is emptied 
and degassed, or 10 years from the promulgation date of the final 
standards, whichever is sooner.

B. What are the proposed requirements for cooling towers under CAA 
sections 112(d)(2) and (f)(2)?

    Under CAA sections 112(d)(2) and (d)(3), we proposed work practice 
standards for cooling towers that would require the owner or operator 
of a new or existing source to monitor for leaks in the cooling tower 
return lines from heat exchangers in organic HAP service (i.e., lines 
that contain or contact fluids with 5 weight percent or greater of 
total organic HAP listed in Table 1 of the rule) and, where leaks are 
detected, to repair such leaks within a specified period of time. We 
proposed two options for new and existing sources, one based on the 
MACT floor analysis that accompanied the proposal, i.e., the average 
emissions limitations achieved by the top 12 percent of the affected 
sources, and the other based on an analysis of beyond-the-floor 
techniques. For more detail on those options, please see 72 FR 50722-
24.
    In response to public comments that the terms used in the proposed 
cooling tower requirements needed to be defined and should focus on 
heat exchange systems, we are proposing to add several definitions to 
clarify the cooling tower monitoring requirements. We are proposing 
that the cooling tower requirements would apply to each ``heat exchange 
system.'' A ``heat exchange system'' means a device or series of 
devices used to transfer heat from process fluids to water without 
intentional direct contact of the process fluid with the water (i.e., 
non-contact heat exchangers) and to transport and/or cool the water in 
a closed loop recirculation system (cooling tower system) or a once 
through system (e.g., river or pond water). A ``heat exchange system'' 
can include one or more heat exchangers, all water lines to and from 
the heat exchanger(s), and, for recirculating systems, the cooling 
tower or towers that receive water from the heat exchanger(s).
    In response to public comments that our floor analysis did not 
include existing State standards, we collected new information on 
existing State and local cooling towers provisions and revised our MACT 
floor analysis. More detail regarding the development of the revised 
MACT floor for existing and new sources based on review of these 
existing State requirements is provided in Section IV.B. of this 
preamble and in the docket memorandum entitled ``Cooling Towers: 
Control Alternatives and Impact Estimates'' (EPA-HQ-OAR-2003-0146). The 
revised proposed requirements are described below and are based on the 
revised MACT floor determination. Control techniques considered as 
beyond-the-floor options are described in Section IV.B of this 
preamble; we are not proposing any of these options because they were 
determined not to be cost-effective.
    We are proposing that owners and operators of heat exchange systems 
that are in organic HAP service at new and existing sources would be 
required to conduct monthly sampling and analyses using the Texas 
Commission on Environmental Quality's (TCEQ) Modified El Paso method, 
Revision Number One, dated January 2003.\1\ For existing sources, 
monthly cooling tower monitoring would begin within 18 months of 
promulgation of the final amendments. For new sources, monthly cooling 
tower monitoring would begin upon start-up or on the date of 
promulgation of these amendments, whichever is later. For existing 
sources, a leak would be defined as 6.2 parts per million by volume 
(ppmv) total strippable VOC in the stripping gas collected via the 
Modified El Paso method. For new sources, a leak would be defined as 
3.1 ppmv total strippable VOC collected via the Modified El Paso 
method. The proposed amendments would require the repair of leaks in 
heat exchangers in organic HAP service within 45 days of the sampling 
event in which the leak was detected, unless a delay in repair is 
allowed. Delay in repair of the leak would be allowed until the next 
shutdown if the repair of the leak would require the process unit 
served by the leaking heat exchanger to be shut down and the total 
strippable VOC concentration is less than 62 ppmv. Delay in repair of 
the leak would also be allowed for up to 120 days if the total 
strippable VOC concentration is less than 62 ppmv and if critical parts 
or personnel are not available. The owner or operator would be required 
to continue monthly monitoring and repair the heat exchanger within 45 
days if sampling results show that the leak exceeds 62 ppmv total 
strippable VOC. Within the first 3 years after promulgation of these 
amendments, delay in repair of a leak would also be allowed if the leak 
exceeds 62 ppmv total strippable VOC and the repair of the leak would 
require the process unit served by the leaking heat exchanger to be 
shut down and a shutdown is planned within 60 days or if critical parts 
or personnel are not available. Starting 3 years after promulgation of 
these amendments, delay of repair beyond 45 days would not be allowed 
if the leak exceeds 62 ppmv total strippable VOC.
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    \1\ ``Air Stripping Method (Modified El Paso Method) for 
Determination of Volatile Organic Compound Emissions from Water 
Sources,'' Revision Number One, dated January 2003, Sampling 
Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by 
Texas Commission on Environmental Quality, January 31, 2003 
(incorporated by reference-see Sec.  63.14).
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    Sampling for leaks would be conducted either at individual heat 
exchanger return lines (i.e., water lines returning the water from the 
heat exchanger to the cooling tower) or the combined cooling tower 
inlet water location. That is, if the cooling tower services multiple 
heat exchangers, the

[[Page 66697]]

owner or operator may elect to monitor only the heat exchangers ``in 
organic HAP service'' or monitor at the combined cooling tower inlet. 
If a leak is detected at the combined cooling tower inlet, the owner or 
operator may elect to fix the leak regardless of its location or begin 
monitoring at each heat exchanger ``in organic HAP service'' to 
document that the leak is not originating from a heat exchanger ``in 
organic HAP service.''
    All new or existing refineries with a heat exchange system ``in 
organic HAP service'' would be required to maintain records of the heat 
exchangers in organic HAP service, the cooling towers associated with 
heat exchangers in organic HAP service, monthly monitoring results, and 
information for any delays in repair of a leak.

C. What other revisions and clarifications are we proposing?

    In the September 2007 proposal, we proposed to amend Table 6 to 40 
CFR part 63, subpart CC (General Provisions Applicability to Subpart 
CC) to bring the table up-to-date with current requirements of the 
General Provisions and clarify certain requirements. In conjunction 
with the publication of Table 6 in the proposal, we erroneously 
included a Table 11. We are clarifying that we are not proposing to 
include Table 11 and, thus, do not plan to include it as part of the 
final rule.
    We received public comments that methyl ethyl ketone (also known as 
2-butanone) has been delisted as a HAP. We are, therefore, proposing to 
revise Table 1 to delete methyl ethyl ketone from the HAP listed in 
Table 1.
    We also received several public comments noting that cross-
references to other subparts should be updated. Therefore, we are also 
proposing amendments to correct cross-references to subparts R and Y of 
part 63 in the rule text, as well as to correct the recordkeeping and 
reporting requirement cross-references in Tables 4 and 5 of subpart CC 
to part 63. We are also proposing to clarify applicability sections by 
specifying the promulgation date of the original subpart CC. Finally, 
we are proposing amendments to clarify how owners and operators should 
comply with overlapping standards for equipment leaks. These proposed 
amendments are included to clarify the requirements of subpart CC.

IV. Rationale for Supplemental Proposed Amendments

A. Storage Vessels

    In response to public comments on the original proposal, we revised 
and updated the analysis of the options we proposed in September 2007. 
We also evaluated a wider range of control options, such as the 
requirements included in the Generic Storage Vessel MACT (40 CFR part 
63, subpart WW) and STERPP, as well as other specific controls 
suggested by the commenters. A detailed explanation of our impacts 
analysis for each of the options described in this section is provided 
in ``Storage Vessels: Revised Control Options and Impact Estimates'' in 
Docket ID No. EPA-HQ-OAR-2003-0146.
    The storage vessel controls in 40 CFR part 63, subpart WW and for 
STERPP include several compliance options for controlling slotted guide 
poles as well as requirements for additional fitting controls on other 
EFR deck openings. We determined that, based on emission modeling runs 
using a model gasoline storage vessel, the STERPP and subpart WW 
requirements for slotted guide poles achieve the same or better 
emission reduction efficiencies as the originally proposed Option 2 for 
Group 1 storage vessels. And, while additional deck fitting controls on 
EFR storage vessels contained in the STERPP and subpart WW provide only 
a tenth of the emission reductions as the guide pole controls, these 
controls (primarily use of gaskets) are inexpensive. As seen in Table 1 
of this preamble, our cost analysis indicates that these fitting 
controls are cost-effective. Therefore, we are proposing an additional 
option that would require these additional fitting controls for 
existing Group 1 storage vessels covered by Refinery MACT 1.
    Based on our evaluation of the STERPP and 40 CFR part 63, subpart 
WW control requirements, we determined that those standards require 
solid, or unslotted, guide poles to be gasketed and have a wiper 
system, and we evaluated the impacts of also adding these requirements 
to Refinery MACT 1. We determined that, provided the retrofits could be 
performed without additional emissions and cost associated with an 
unplanned emptying and degassing of the storage vessel (i.e., during a 
turnaround or when the vessel is taken out of service for maintenance/
repair), the control requirements for solid guide poles were cost-
effective. That is, over a 10-year cycle using a 7-percent annual 
interest rate, these controls yield a net cost savings (from reduced 
product losses). The combination of additional deck fitting controls 
and full guide pole controls is presented in Table 1 as ``full deck and 
guide pole controls.'' Consequently, we are proposing as an additional 
option to amend Refinery MACT 1 to refer directly to the storage vessel 
control requirements in subpart WW. As the cost-effectiveness of the 
control retrofits are predicated on a lack of additional emissions and 
cost associated with emptying and degassing the storage vessel, we are 
providing up to 10 years for compliance with these requirements as 
provided for in 40 CFR 63.1063(a)(ix) of subpart WW. Because these 
controls are cost-effective and incrementally reduce public exposure, 
we believe this option, in addition to the two options proposed 
earlier, would provide an ample margin of safety and meet the 
requirements of the technology review.

                                        Table 1--Nationwide Impacts of Various Storage Vessel Regulatory Options
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                                                                                    Total
                                                                        Total    annualized                Total                   HAP
                                                                       capital      cost      Product   annualized     HAP      emission       Cost-
                           Control option                            investment    without    recovery   costs ($   emissions  reductions  effectiveness
                                                                          ($      recovery   credit ($   million/   (tons per   (tons per   ($/ton HAP)
                                                                      million)       ($       million)      yr)      year) a      year)
                                                                                  million)
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Option 1: Baseline (proposed at 72 FR 50726-27) a..................           0           0          0           0      2,970           0          (b)
Option 2: Slotted guide pole sleeves (proposed at 72 FR 50726-27) b         5.3        0.76       -3.3        -2.6      2,300         660       -3,900
Option 3: Full deck and guide pole controls........................          10         1.5       -8.3        -6.8      1,300       1,640       -4,100
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Costs and emission reductions have been revised since September 2007 proposal; see memorandum entitled ``Storage Vessels: Revised Control Options and
  Impact Estimates'' in Docket ID No. EPA-HQ-OAR-2003-0146 for details on these revisions.
b Not applicable.


[[Page 66698]]

    Table 2 of this preamble presents the risk reduction associated 
with the control option for storage vessels.

                 Table 2--Inhalation Risk Impacts of Regulatory Alternative for Storage Vessels
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                                                                               Control      Control
                Parameter                          Baseline option 1           option 2     option 3
-----------------------------------------------------------------------------------------------------
Risk to Most Exposed Individual:
    Cancer (in 1 million)................  30..............................           30           30
    Noncancer (HI).......................  0.3.............................          0.3          0.3
Size of Population at Cancer Risk:
    > 100-in-1 million...................  0...............................            0            0
    > 10-in-1 million....................  4,000...........................        3,900        3,800
    > 1-in-1 million.....................  460,000.........................      450,000      440,000
Number of Plants at Cancer Risk Level:
    > 100-in-1 million...................  0...............................            0
    > 10-in-1 million....................  23..............................           23           22
    > 1-in-1 million.....................  88..............................           88           87
  Population with HI > 1 1...............  0...............................            0            0
No of Plants with HI > 1.................  0...............................            0            0
Annual Cancer Incidence 2................  0.032-0.049.....................  0.031-0.048  0.030-0.046
Cancer Incidence Reduction (Percent).....  (3).............................            2            5
HAP Emission Reduction (Percent).........  (3).............................            4           10
----------------------------------------------------------------------------------------------------------------
1 If the Hazard Index (HI) is calculated to be less than or equal to 1, then no adverse non-cancer chronic
  health effects are expected as a result of the exposure. However, an HI exceeding 1 does not translate to a
  probability that adverse effects occur. Rather, it suggests the possibility that adverse health effects may
  occur. Acute non-cancer effects not estimated in this analysis.
2 The range of cancer incidence reflects the cancer potency range of benzene, either end of which is considered
  equally plausible.
3 Not applicable.

B. Cooling Towers

    To respond to public comments that our floor analysis did not 
include existing State standards, we collected additional information 
on cooling tower requirements for multiple petroleum refineries in 
several States. Using these data, we reanalyzed the MACT floor for new 
and existing sources and identified 39 petroleum refineries in 
California, Illinois, Indiana, Louisiana, Minnesota, and Texas with 
permit requirements for HAP and/or VOC in cooling tower return water 
along with cooling tower monitoring requirements. We note that the 
permit requirements are based on calculated emission estimates using 
the water recirculation rates and monitored concentrations in the 
cooling waters. Consequently, the permit requirements effectively 
define a maximum allowable concentration limit of strippable organics 
in the cooling water so that the effective leak definition could be 
determined for each cooling tower. We further note that no refineries 
directly measure cooling tower emissions, and we reaffirm our 
conclusion that cooling tower work practice standards are appropriate 
because the emissions are not emitted through a stack or other 
conveyance and are, therefore, not practically measurable.
    We ranked cooling tower requirements based on the projected 
emissions that would occur given the specific cooling tower monitoring 
provision. Based on preliminary calculations performed using the 
cooling tower impacts model (see ``Cooling Towers: Control Alternatives 
and Impact Estimates'' memorandum in Docket ID No. EPA-HQ-OAR-2003-
0146), the leak definition was the primary factor influencing the 
emissions limitations achieved by a cooling tower monitoring program; 
the second most important factor was the specification of time frames 
for completing repairs and provisions or limitations for delay of 
repair. Monitoring frequency, while a contributing factor to overall 
cooling tower emissions performance, was not as important as the leak 
definition and specified repair deadlines. We selected the 6th 
percentile cooling tower as indicative of the average emission 
limitation achieved by the best performing 12 percent of cooling 
towers. Based on this, we determined that the MACT floor for cooling 
towers at existing sources is cooling water sampling on a monthly basis 
for total strippable VOC compounds, where a leak is defined as 6.2 ppmv 
of total strippable VOC compounds in the stripping air of the TCEQ 
Modified El Paso method. We note that this leak definition is 
equivalent to the controlled emission factor in AP-42,\2\ and that many 
refineries use this controlled emission factor when estimating and 
reporting their cooling tower emissions.
---------------------------------------------------------------------------

    \2\ U.S. EPA (Environmental Protection Agency). 1995. 
Compilation of Air Pollutant Emission Factors. Sections 5.1. AP-42. 
Office of Air Quality Planning and Standards, Research Triangle 
Park, NC.
---------------------------------------------------------------------------

    Additionally, based on this MACT floor analysis, we determined that 
the existing source MACT floor repair requirements include identifying 
the source of the leak and repairing within 45 days of originally 
finding the leak. Delay of repair is allowed under certain conditions 
if the total strippable VOC is less than 62 ppmv, but is not allowed if 
the total strippable VOC concentration is equal to or greater than 62 
ppmv. When total strippable VOC is less than 62 ppmv, delay of repair 
is allowed for up to 120 days if the necessary equipment, parts, or 
personnel are not available, and delay of repair is allowed until the 
next shutdown if a shutdown is required to effect the repair. For delay 
of repair, the refinery must document the basis for the delay, 
including the reason for delaying repair, provide a schedule for 
completing the repair, and determine the emissions of HAP during the 
time duration of the delay.
    While these delay of repair provisions are based on our MACT floor 
assessment, we note that some of the permits for facilities in the top 
12 percent provide time to implement the monitoring requirements before 
the ban on delay of repairs for leaks exceeding 62 ppmv becomes 
effective. We recognize that when facilities first start to monitor 
their cooling towers, the likelihood of finding large leaks is much 
greater than after a monthly monitoring program has been implemented. 
As

[[Page 66699]]

such, when first implementing the monthly monitoring, they may identify 
heat exchange systems that have leaks exceeding 62 ppmv, but may not 
have the spare parts or adequate time to plan for the repair of the 
heat exchange system that would typically be available after the 
monthly monitoring program has been in place for some time. As such, we 
propose to phase-in the cooling tower requirements for existing 
sources. The monitoring and leak repair provisions for existing sources 
would become effective no later than 18 months after promulgation of 
the final rule; however, the delay of repair is allowed regardless of 
the leak size for the first 18 months of the monitoring program. No 
later than 3 years from the promulgation date of these amendments, no 
delay of repair is allowed for leaks exceeding 62 ppmv total strippable 
VOC.
    The new source MACT for cooling towers must be no less stringent 
than the best-performing refinery cooling towers. In our ranking of the 
information collected on monitoring requirements, the best-performing 
cooling tower has a leak definition of 3.1 ppmv of strippable total 
organics as methane in the stripping air using monthly Modified El Paso 
method sampling and analysis. As such, the MACT floor for cooling 
towers at new sources is monthly cooling water sampling for total 
strippable VOC, where a leak is defined as 3.1 ppmv of total strippable 
VOC in the stripping air using the Modified El Paso method. The repair 
requirements for the top-performing cooling towers include identifying 
the source of the leak and repairing within 45 days of originally 
finding the leak. Delay of repair for the top-performing cooling towers 
is allowed if strippable total VOC concentration is less than 62 ppmv, 
but not allowed if strippable total VOC concentration is equal to or 
greater than 62 ppmv. That is, the delay of repair provisions for the 
new source MACT floor cooling towers are the same as those for an 
existing source MACT floor cooling towers.
    We revised our cooling tower emissions estimates since the 2007 
proposal based on reanalysis of the emissions inventory information 
obtained from TCEQ for the 2004 reporting year, as well as other 
information collected regarding cooling tower monitoring provisions and 
flow data from the Industrial Cooling Tower National Emission Standards 
for Hazardous Air Pollutants (NESHAP). Model cooling tower emissions 
for each refinery facility in the nation were estimated based on crude 
throughput data which were used to estimate total cooling water flow 
rates and generic refinery stream VOC and HAP compositions. These data 
were used with controlled and uncontrolled AP-42 emission factors for 
VOC emissions from cooling towers and the fraction of cooling towers 
with specific monitoring requirements to estimate cooling tower 
baseline HAP emissions. The nationwide baseline HAP emissions were 
estimated at 770 tpy as compared to a baseline estimate of greater than 
3,000 tpy in the 2007 proposal. These emissions compare reasonably well 
with the organic HAP emissions estimate based on the TCEQ data, as 
revised, to correct a reporting error identified by a public commenter. 
From the updated TCEQ 2004 database, we estimated the organic HAP 
emissions from cooling towers to be 95 tpy for Texas refineries alone. 
Extrapolation of the Texas data based on direct crude distillation 
capacity provides a nationwide emissions estimate for cooling towers of 
352 tpy of organic HAP. However, refineries in Texas had the most 
stringent cooling tower monitoring provisions of any of the State 
requirements, and the Texas refineries used the controlled AP-42 
emission factor for their cooling tower emission estimates. If the non-
Texas refineries operate nearer the uncontrolled AP-42 emission factor, 
nationwide cooling tower emissions are projected to be 2,300 tpy of 
organic HAP. While there is significant uncertainty in the actual 
cooling tower emission estimate, the projected baseline emissions fall 
easily within the range expected based on reanalysis of the Texas 
dataset.
    Following reanalysis of the MACT floor for cooling towers, we also 
conducted a revised cost analysis for the MACT floor level of control. 
We included costs for a strippable total VOC monitoring system, 
increased the time needed for sampling and analysis for each cooling 
tower, and added costs for sampling and analysis for specific heat 
exchangers for triggered monitoring following identification of a 
cooling tower leak. We also increased the cost associated with 
repairing a leaking heat exchanger. The cost-effectiveness of the MACT 
floor control for cooling towers at both new and existing sources was 
approximately $4,700 per ton of HAP reduced when considering product 
recovery credits and approximately $8,200 per ton when product recovery 
credits were not included. See Table 3 of this preamble.
    We also evaluated the costs of applying the new source leak 
definition to existing sources and implementing this option with 
continuous strippable total VOC monitoring systems as a beyond-the-MACT 
floor control options. The first alternative reduces an additional 40 
tpy of HAP emissions at an incremental cost-effectiveness of almost 
$6,000 per ton on HAP emission reduction and the second option with 
continuous monitoring reduces HAP emissions by an additional 10 tpy and 
has an incremental cost-effectiveness of almost $600,000 per ton of HAP 
reduced.
    Based on this analysis, we conclude that the beyond-the-MACT floor 
control options are not cost-effective and we are proposing standards 
for cooling towers commensurate with the MACT floor determinations 
under CAA sections 112(d)(2) and (3). Further, we are proposing that 
the MACT floor level of control also provides an ample margin of safety 
and satisfies the risk review requirements under CAA section 112(f)(2). 
For more information on the costing methodology, see Table 3 of this 
preamble and the ``Cooling Towers: Control Alternatives and Impact 
Estimates'' memorandum in the docket (Docket ID No. EPA-HQ-OAR-2003-
0146).

                                                  Table 3--Nationwide Impacts for Cooling Tower Options
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Total                                                   Cost-  effectiveness
                                                               Total    annualized   Product                                            ($/ton HAP)
                                                              capital      cost      recovery     Total       HAP         HAP    -----------------------
                      Control option                        investment    without     credit   annualized  emissions   emission
                                                                 ($      recovery       ($      costs  ($     (tpy)   reductions
                                                             million)       ($       million)   million)                 (tpy)     Overall   Incremental
                                                                         million)
--------------------------------------------------------------------------------------------------------------------------------------------------------
MACT Floor................................................          16         5.2       -2.2         3.0        140         630      4,700       4,700
Beyond-the-floor Alternative 1............................          16         5.5       -2.3         3.2        100         670      4,700       5,700
Beyond-the-floor Alternative 2............................          72          11       -2.2         8.8         90         680     13,000     580,000
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 66700]]

    Table 4 of this preamble provides information relevant to our 
proposed ample margin of safety determination under CAA section 
112(f)(2). Specifically, the table presents the pre-MACT risk, the risk 
associated with the proposed MACT floor which is the baseline for our 
residual risk analysis, and the risk reduction for the first beyond the 
MACT floor alternative for cooling towers. Reductions in risk for the 
second alternative are not shown because this alternative is clearly 
not cost-effective.

                               Table 4--Inhalation Risk Impacts for Cooling Towers
----------------------------------------------------------------------------------------------------------------
                                                                                                Beyond the MACT
                       Parameter                         Baseline pre-MACT  MACT floor  (risk        floor
                                                                                baseline)        alternative 1
----------------------------------------------------------------------------------------------------------------
Risk to Most Exposed Individual:
    Cancer (in 1 million)..............................                 30                 30                 30
    Noncancer (HI).....................................                0.3                0.3                0.3
Size of Population at Cancer Risk:
    > 100-in-1 million.................................                  0                  0                  0
    > 10-in-1 million..................................              4,000              3,900              3,800
    > 1-in-1 million...................................            460,000            450,000            440,000
Number of Plants at Cancer Risk Level:
    > 100-in-1 million.................................                  0                  0                  0
    > 10-in-1 million..................................                 23                 22                 22
    > 1-in-1 million...................................                 88                 88                 87
Population with HI > 1 \a\.............................                  0                  0                  0
No of Plants with HI > 1...............................                  0                  0                  0
Annual Cancer Incidence \b\............................        0.032-0.049        0.031-0.047        0.030-0.047
Cancer Incidence Reduction (Percent)...................                 NA                  3                  4
HAP Emission Reduction (Percent).......................                 NA                  4                 6
----------------------------------------------------------------------------------------------------------------
\a\ If the Hazard Index (HI) is calculated to be less than or equal to 1, then no adverse non-cancer chronic
  health effects are expected as a result of the exposure. However, an HI exceeding 1 does not translate to a
  probability that adverse effects occur. Rather, it suggests the possibility that adverse health effects may
  occur. Acute non-cancer effects not estimated in this analysis.
\b\ The range of cancer incidence reflects the cancer potency range of benzene, either end of which is
  considered equally plausible.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action'' because it may raise 
novel legal or policy issues. Accordingly, EPA submitted this action to 
OMB for review under Executive Order 12866, and any changes made in 
response to OMB recommendations have been documented in the docket for 
this action.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to the OMB under the Paperwork Reduction 
Act, 44 U.S.C. 3501, et seq. The Information Collection Request (ICR) 
document prepared by EPA has been assigned ICR number 2334.01.
    The information requirements in the proposed amendments include 
monitoring, recordkeeping, and reporting provisions for storage vessels 
and cooling towers. Owners or operators of storage vessels must comply 
with the inspection, recordkeeping, and reporting requirements in 40 
CFR part 63, subpart WW. Owners or operators of cooling towers must 
conduct monthly monitoring of each heat exchanger to identify and 
repair leaks. Records of monitoring and repair data also must be kept. 
All respondents must submit one-time notifications and semiannual 
compliance reports.
    The information collection requirements in the proposed amendments 
are needed by EPA and delegated authorities to determine that 
compliance has been achieved. The recordkeeping and reporting 
requirements in this proposed rule are based on the information 
collection requirements in the part 63 General Provisions (40 CFR part 
63, subpart A). The recordkeeping and reporting requirements in the 
General Provisions are mandatory pursuant to section 114 of the CAA (42 
U.S.C. 7414). All information submitted to EPA pursuant to the 
information collection requirements for which a claim of 
confidentiality is made is safeguarded according to CAA section 114(c) 
and the Agency's implementing regulations at 40 CFR part 2, subpart B.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 13,714 labor hours per 
year at a cost of $1,056,081 for one new refinery and 153 existing 
refineries. The average annual reporting burden is 353.9 labor hours 
for 205.9 total annual responses; the average annual burden per 
response is 1.72 hours. Responses include notifications of compliance 
status for cooling towers and storage vessels at new and existing 
refineries, notification of initial startup for storage vessels at one 
new refinery, and semiannual compliance reports containing information 
on cooling towers and storage vessels at new and existing refineries. 
Capital/startup costs are estimated at $16,306,000. The operation and 
maintenance costs associated with the proposed rule amendments are 
estimated at $61,711. Burden is defined at 5 CFR 1320.3(b).
    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.
    To comment on the EPA's need for this information, the accuracy of 
the provided burden estimates, and any suggested methods for minimizing 
respondent burden, including the use of automated collection 
techniques, EPA has established a public docket for this action, which 
includes this ICR, under Docket ID No. EPA-HQ-OAR-2003-0146. Submit any 
comments related to the ICR for the proposed rule to EPA and OMB. See 
the ADDRESSES section at the beginning of this preamble for where to 
submit comments to EPA. Send comments to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street, NW., Washington, DC

[[Page 66701]]

20503, Attention: Desk Office for EPA. Because OMB is required to make 
a decision concerning the ICR between 30 and 60 days after November 10, 
2008, a comment to OMB is best assured of having its full effect if OMB 
receives it by December 10, 2008. The final rule will respond to any 
OMB or public comments on the information collection requirements 
contained in this proposal.

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 this proposed rule on 
small entities, small entity is defined as: (1) A small business that 
meets the Small Business Administration size standards for small 
businesses at 13 CFR 121.201 (a firm having no more than 1,500 
employees; (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 this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. Based on our 
economic impact analysis, the proposed amendments will result in a 
nationwide net annualized cost savings of about $3.8 million due to a 
return of about $10.5 million per year from reductions in product 
losses. Only one oil refining entity would incur net annualized costs 
as a result of the proposed amendments; all other refinery entities 
would have net savings. This refinery entity is a small parent entity. 
Net annualized costs for this affected small entity are well below 0.01 
percent of their revenue; therefore, no ``significant'' adverse 
economic impacts are expected for any small entity. Thus, the costs 
associated with the proposed amendments will not result in any 
``significant'' adverse economic impact for any small entity. For more 
information, please refer to the economic impact analysis that is in 
the docket for this rulemaking.
    Although the proposed rule will not have a significant economic 
impact on a substantial number of small entities, we nonetheless tried 
to reduce the impact of the proposed rule on small entities. We held 
meetings with industry trade associations and company representatives 
to discuss the proposed rule and have included provisions for small 
facilities that address their concerns. We continue to be interested in 
the potential impacts of the proposed action on small entities and 
welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector.
    The proposed 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 
one year. As discussed earlier in this preamble, these amendments 
result in nationwide net savings to the private sector. Therefore, the 
proposed rule is not subject to the requirements of sections 202 or 205 
of the UMRA.
    This proposed rule is also not subject to the requirements of 
section 203 of UMRA because it contains no regulatory requirements that 
might significantly or uniquely affect small governments. The proposed 
amendments contain no requirements that apply to such governments, and 
impose no 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'' 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 proposed amendments do not have federalism implications. They 
would 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 proposed 
amendments add control and monitoring requirements. They do not modify 
existing responsibilities or create new responsibilities among EPA 
Regional offices, States, or local enforcement agencies. Thus, 
Executive Order 13132 does not apply to the proposed amendments.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed 
amendments 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. The proposed amendments impose no requirements 
on tribal governments. Thus, Executive Order 13175 does not apply to 
this action.
    EPA specifically solicits additional comment on this proposed 
action From tribal officials.

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

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in Executive Order 12866, and because the Agency does not believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children. This action's health and risk 
assessments are contained in the revised Residual Risk Assessment for 
MACT 1 Petroleum Refining Sources, which is available in the docket.

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

    The proposed amendments are not a ``significant energy action'' as 
defined in Executive Order 13211 (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 the 
proposed amendments are not likely to have any adverse energy effects

[[Page 66702]]

because they result in overall savings due to product recovery.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 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. VCS are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by VCS bodies. NTTAA directs 
EPA to provide Congress, through OMB, explanations when the Agency does 
not use available and applicable VCS.
    This proposed rule involves technical standards. EPA proposes to 
use ``Air Stripping Method (Modified El Paso Method) for Determination 
of Volatile Organic Compound Emissions from Water Sources,'' Revision 
Number One, dated January 2003, and will incorporate the method by 
reference (see 40 CFR 63.14). This method is available at http://www.tceq.state.tx.us/assets/public/implementation/air/sip/sipdocs/2002-12-HGB/02046sipapp_ado.pdf , or from the Texas Commission on 
Environmental Quality (TCEQ) Library, Post Office Box 13087, Austin, 
Texas, 78711-3087, telephone number (512) 239-0028. This method was 
chosen based on public comments regarding the sampling and analysis of 
air emissions from cooling towers, and is required in these proposed 
amendments instead of the originally proposed requirements in 40 CFR 
61.355(c) for water sample collection, and EPA Method 8260B for 
analysis of water samples taken from cooling tower return lines.
    This TCEQ method utilizes a dynamic or flow-through system for air 
stripping a sample of the water and analyzing the resultant off-gases 
for VOC using a common flame ionization detector (FID) analyzer. While 
direct water analyses, such as purge and trap analyses of water samples 
utilizing gas chromatography and/or mass spectrometry techniques, have 
been shown to be effective for cooling tower measurements of heavier 
molecular weight organic compounds with relatively high boiling points, 
it has been determined that this approach may be ineffective for 
capture and measurement of VOC with lower boiling points, such as 
ethylene, propylene, 1,3-butadiene, and butenes. The VOC with a low 
molecular weight and boiling point are generally lost in the sample 
collection step of purge/trap type analyses. Consequently, this TCEQ 
air stripping method is used for cooling tower and other applicable 
water matrix emission measurements when VOC with boiling points below 
140o F need to be evaluated.
    Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General 
Provisions, a source may apply to EPA for permission to use alternative 
test methods or alternative monitoring requirements in place of any 
required testing methods, performance specifications, or procedures in 
the proposed amendments.
    EPA welcomes comments on this aspect of the proposed rulemaking 
and, specifically, invites the public to identify potentially 
applicable voluntary consensus standards and to explain why such 
standards should be used in the regulations.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that these proposed amendments will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because they increase the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population.
    The proposed amendments add new control requirements to established 
national standards for petroleum refineries to address risk remaining 
after implementation of the 1995 standards and, thus, decrease the 
amount of toxic emissions to which all affected populations are 
exposed.

List of Subjects in 40 CFR Part 63

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

    Dated: October 30, 2008.
Stephen L. Johnson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

    2. Section 63.14 is amended by adding paragraph (n) to read as 
follows:


Sec.  63.14   Incorporations by reference.

* * * * *
    (n) The following material is available from the Texas Commission 
on Environmental Quality (TCEQ) Library, Post Office Box 13087, Austin, 
Texas 78711-3087, telephone number (512) 239-0028 or at http://www.tceq.state.tx.us/assets/public/implementation/air/sip/sipdocs/2002-12-HGB/02046sipapp_ado.pdf :
    (1) ``Air Stripping Method (Modified El Paso Method) for 
Determination of Volatile Organic Compound Emissions from Water 
Sources'', Revision Number One, dated January 2003, Sampling Procedures 
Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas 
Commission on Environmental Quality, January 31, 2003, IBR approved for 
Sec.  63.654(c)(1) and (g)(4)(i) of Subpart CC of this part.
    (2) [Reserved]

Subpart CC--[Amended]

    3. Section 63.640 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (b)(2);
    c. Revising paragraph (c) introductory text;
    d. Revising paragraphs (c)(6) and (7);
    e. Adding paragraph (c)(8);
    f. Revising paragraph (e) introductory text, and paragraph 
(e)(2)(iii);
    g. Revising paragraph (f) introductory text, and paragraph (f)(5);
    h. Revising paragraph (h) introductory text;
    i. Revising paragraphs (h)(1) and (2);
    j. Revising paragraph (h)(4);
    k. Adding paragraph (h)(6);
    l. Revising paragraphs (k)(1), (k)(2)(i), (k)(2)(ii), (k)(2)(iii), 
and the first sentence in paragraph (k)(2)(vi);
    m. Revising paragraph (l) introductory text, paragraph (l)(2)(i), 
the first sentence in paragraph (l)(2)(ii), the first sentence in 
paragraph (l)(3) introductory text, paragraph (l)(3)(i), paragraph

[[Page 66703]]

(l)(3)(ii), the first sentence in paragraph (l)(3)(vi), and the first 
sentence in paragraph (l)(3)(vii);
    n. Revising paragraph (n) introductory text and paragraphs (n)(1), 
(n)(2), (n)(8)(ii), and (n)(9)(i);
    o. Removing and reserving paragraph (n)(5); and
    p. Revising paragraph (p).


Sec.  63.640  Applicability and designation of affected source.

    (a) This subpart applies to petroleum refining process units and to 
related emissions points that are specified in paragraphs (c)(5) 
through (8) of this section that are located at a plant site and that 
meet the criteria in paragraphs (a)(1) and (2) of this section:
* * * * *
    (b) * * *
    (2) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units shall be reported as specified in Sec.  
63.655(h)(6)(i).
    (c) For the purposes of this subpart, the affected source shall 
comprise all emissions points, in combination, listed in paragraphs 
(c)(1) through (8) of this section that are located at a single 
refinery plant site.
* * * * *
    (6) All marine vessel loading operations located at a petroleum 
refinery meeting the criteria in paragraph (a) of this section and the 
applicability criteria of subpart Y, Sec.  63.560;
    (7) All storage vessels and equipment leaks associated with a bulk 
gasoline terminal or pipeline classified under Standard Industrial 
Classification code 2911 located within a contiguous area and under 
common control with a refinery meeting the criteria in paragraph (a) of 
this section; and
    (8) All heat exchange systems associated with petroleum refining 
process units meeting the criteria in paragraph (a) of this section and 
which are in organic hazardous air pollutants (HAP) service as defined 
in this subpart.
* * * * *
    (e) The owner or operator of a storage vessel constructed on or 
before August 18, 1994, shall follow the procedures specified in 
paragraphs (e)(1) and (e)(2) of this section to determine whether a 
storage vessel is part of a source to which this subpart applies. The 
owner or operator of a storage vessel constructed after August 18, 
1994, shall follow the procedures specified in paragraphs (e)(1), 
(e)(2)(i), and (e)(2)(ii) of this section to determine whether a 
storage vessel is part of a source to which this subpart applies.
* * * * *
    (2) * * *
    (iii) If the predominant use of a storage vessel varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization of that storage vessel during the year 
preceding August 18, 1995. This determination shall be reported as 
specified in Sec.  63.655(h)(6)(ii).
    (f) The owner or operator of a distillation unit constructed on or 
before August 18, 1994, shall follow the procedures specified in 
paragraphs (f)(1) through (f)(4) of this section to determine whether a 
miscellaneous process vent from a distillation unit is part of a source 
to which this subpart applies. The owner or operator of a distillation 
unit constructed after August 18, 1994, shall follow the procedures 
specified in paragraphs (f)(1) through (f)(5) of this section to 
determine whether a miscellaneous process vent from a distillation unit 
is part of a source to which this subpart applies.
* * * * *
    (5) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization of that distillation unit during the year 
preceding August 18, 1995. This determination shall be reported as 
specified in Sec.  63.655(h)(6)(iii).
* * * * *
    (h) Except as provided in paragraphs (k), (l), or (m) of this 
section, sources subject to this subpart are required to achieve 
compliance on or before the dates specified in paragraphs (h)(1) 
through (6) of this section.
    (1) Except as provided in paragraphs (h)(1)(i) and (ii) of this 
section, new sources that commence construction or reconstruction after 
July 14, 1994, shall be in compliance with this subpart upon initial 
startup or August 18, 1995, whichever is later.
    (i) Heat exchange systems that commence construction or 
reconstruction after September 4, 2007, shall be in compliance with new 
source standards in Sec.  63.654 upon initial startup or by [the date 
of publication of the final amendments in the Federal Register], 
whichever is later.
    (ii) New sources shall be in compliance with Sec.  63.646 upon 
initial startup or [90 days after the date of publication of the final 
amendments in the Federal Register], whichever is later.
    (2) Except as provided in paragraphs (h)(3) through (h)(6) of this 
section, existing sources shall be in compliance with this subpart no 
later than August 18, 1998, except as provided in Sec.  63.6(c)(5) of 
subpart A of this part, or unless an extension has been granted by the 
Administrator as provided in Sec.  63.6(i) of subpart A of this part.
* * * * *
    (4) All Group 1 storage vessels that are part of an existing source 
shall be in compliance with Sec.  63.646 of this subpart no later than 
[90 days after publication of the final amendments in the Federal 
Register].
* * * * *
    (6) Heat exchange systems that commence construction or 
reconstruction on or before September 4, 2007, shall be in compliance 
with the existing source standards in Sec.  63.654 no later than [18 
months after publication of the final amendments in the Federal 
Register].
* * * * *
    (k) * * *
    (1) The reconstructed source, addition, or change shall be in 
compliance with the new source requirements upon initial startup of the 
reconstructed source or by August 18, 1995, whichever is later; and
    (2) * * *
    (i) The application for approval of construction or reconstruction 
shall be submitted as soon as practical before the construction or 
reconstruction is planned to commence (but it need not be sooner than 
November 16, 1995);
    (ii) The Notification of Compliance Status report as required by 
Sec.  63.655(f) for a new source, addition, or change;
    (iii) Periodic Reports and other reports as required by Sec.  
63.655(g) and (h);
* * * * *
    (vi) Reports and notifications required by Sec.  63.428(b), (c), 
(g)(1), (h)(1) through (h)(3), and (k) of subpart R. * * *
* * * * *
    (l) If an additional petroleum refining process unit is added to a 
plant site or if a miscellaneous process vent, storage vessel, gasoline 
loading rack, marine tank vessel loading operation, or heat exchange 
system that meets the criteria in paragraphs (c)(1) through (8) of this 
section is added to an existing petroleum refinery or if another 
deliberate operational process change creating an additional Group 1 
emissions point(s) (as defined in Sec.  63.641) is made to an existing 
petroleum refining process unit, and if the addition or process change 
is not subject to the new source requirements as determined according 
to paragraphs

[[Page 66704]]

(i) or (j) of this section, the requirements in paragraphs (l)(1) 
through (3) of this section shall apply. Examples of process changes 
include, but are not limited to, changes in production capacity, or 
feed or raw material where the change requires construction or physical 
alteration of the existing equipment or catalyst type, or whenever 
there is replacement, removal, or addition of recovery equipment. For 
purposes of this paragraph and paragraph (m) of this section, process 
changes do not include: Process upsets, unintentional temporary process 
changes, and changes that are within the equipment configuration and 
operating conditions documented in the Notification of Compliance 
Status report required by Sec.  63.655(f).
* * * * *
    (2) * * *
    (i) If a petroleum refining process unit is added to a plant site 
or an emission point(s) is added to any existing petroleum refining 
process unit, the added emission point(s) shall be in compliance upon 
initial startup of any added petroleum refining process unit or 
emission point(s) or by August 18, 1998, whichever is later.
    (ii) If a deliberate operational process change to an existing 
petroleum refining process unit causes a Group 2 emission point to 
become a Group 1 emission point (as defined in Sec.  63.641), the owner 
or operator shall be in compliance upon initial startup or by August 
18, 1998, whichever is later, unless the owner or operator demonstrates 
to the Administrator that achieving compliance will take longer than 
making the change. * * *
    (3) The owner or operator of a petroleum refining process unit or 
of a storage vessel, miscellaneous process vent, wastewater stream, 
gasoline loading rack, marine tank vessel loading operation, or heat 
exchange system meeting the criteria in paragraphs (c)(1) through (8) 
of this section that is added to a plant site and is subject to the 
requirements for existing sources shall comply with the reporting and 
recordkeeping requirements that are applicable to existing sources 
including, but not limited to, the reports listed in paragraphs 
(l)(3)(i) through (vii) of this section. * * *
    (i) The Notification of Compliance Status report as required by 
Sec.  63.655(f) for the emission points that were added or changed;
    (ii) Periodic Reports and other reports as required by Sec.  
63.655(g) and (h);
* * * * *
    (vi) Reports and notifications required by Sec.  63.428(b), (c), 
(g)(1), (h)(1) through (h)(3), and (k) of subpart R. * * *
    (vii) Reports and notifications required by Sec. Sec.  63.565 and 
63.567 of subpart Y. * * *
* * * * *
    (n) Overlap of subpart CC with other regulations for storage 
vessels. As applicable, paragraphs (n)(1), (n)(3), (n)(4), (n)(6), and 
(n)(7) of this section apply for Group 2 storage vessels. Beginning [90 
days after publication of the final amendments in the Federal 
Register], paragraph (n)(2) of this section applies for Group 1 storage 
vessels.
    (1) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of an existing source 
and is also subject to the provisions of 40 CFR part 60, subpart Kb, is 
required to comply only with the requirements of 40 CFR part 60, 
subpart Kb, except as provided in paragraph (n)(8) of this section.
    (2) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 storage vessel that is subject to 40 CFR part 60, 
subparts K, Ka, or Kb is required to comply only with this subpart.
* * * * *
    (5) [Reserved]
* * * * *
    (8) * * *
    (ii) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in 40 CFR 60.113b(b) or to 
inspect the vessel to determine compliance with 40 CFR 60.113b(a) 
because the roof appears to be structurally unsound and poses an 
imminent danger to inspecting personnel, the owner or operator shall 
comply with the requirements in either Sec.  63.1063(c)(2)(iv)(A) or 
Sec.  63.1063(c)(2)(iv)(B) of subpart WW.
* * * * *
    (9) * * *
    (i) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in 40 CFR 60.113a(a)(1) 
because the floating roof appears to be structurally unsound and poses 
an imminent danger to inspecting personnel, the owner or operator shall 
comply with the requirements in either Sec.  63.1063(c)(2)(iv)(A) or 
Sec.  63.1063(c)(2)(iv)(B) of subpart WW.
* * * * *
    (p) Overlap of subpart CC with other regulations for equipment 
leaks.
    (1) After the compliance dates specified in paragraph (h) of this 
section, equipment leaks that are also subject to the provisions of 40 
CFR parts 60 and 61 standards promulgated before September 4, 2007, are 
required to comply only with the provisions specified in this subpart.
    (2) Equipment leaks that are also subject to the provisions of 40 
CFR part 60, subpart GGGa, are required to comply only with the 
provisions specified in 40 CFR part 60, subpart GGGa.
* * * * *
    4. Section 63.641 is amended by:
    a. Adding, in alphabetical order, definitions for ``Cooling 
tower,'' ``Cooling tower return line,'' ``Heat exchange system,'' and 
``Heat exchanger exit line''; and
    b. Revising the definitions of ``Continuous record'' and 
``Reference control technology for storage vessels'' to read as 
follows:


Sec.  63.641  Definitions.

* * * * *
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every 
hour and recorded at the frequency specified in Sec.  63.655(i).
* * * * *
    Cooling tower means a heat removal device used to remove the heat 
absorbed in circulating cooling water systems by transferring the heat 
to the atmosphere using natural or mechanical draft.
    Cooling tower return line means the main water trunk lines at the 
inlet to the cooling tower before exposure to the atmosphere.
* * * * *
    Heat exchange system means a device or series of devices used to 
transfer heat from process fluids to water without intentional direct 
contact of the process fluid with the water (i.e., non-contact heat 
exchanger) and to transport and/or cool the water in a closed loop 
recirculation system (cooling tower system) or a once through system 
(e.g., river or pond water). A heat exchange system can include one or 
more heat exchangers, all water lines to and from the heat 
exchanger(s), and, for recirculating systems, the cooling tower or 
towers that receive water from the heat exchanger(s).
    Heat exchanger exit line means the cooling water line at the exit 
of the heat exchanger, where cooling water leaves the heat exchanger 
and is routed to the cooling tower return line.
* * * * *
    Reference control technology for storage vessels means either:
    (1) An internal floating roof meeting the specifications of 
Sec. Sec.  63.1063(a)(1)(i), (a)(2), and (b) of subpart WW;
    (2) An external floating roof meeting the specifications of 
Sec. Sec.  63.1063(a)(1)(ii), (a)(2), and (b) of subpart WW;
    (3) An external floating roof converted to an internal floating 
roof meeting the

[[Page 66705]]

specifications of Sec. Sec.  63.1063(a)(1)(ii), (a)(2), and (b); or
    (4) A closed-vent system to a control device that reduces organic 
HAP emissions by 95 percent, or to an outlet concentration of 20 parts 
per million by volume (ppmv).
    (5) For purposes of emissions averaging, these four technologies 
are considered equivalent.
* * * * *
    5. Section 63.642 is amended by:
    a. Revising paragraph (k)(1); and
    b. Revising paragraph (l)(2) to read as follows:


Sec.  63.642  General standards.

* * * * *
    (k) * * *
    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec.  63.655 as applicable.
* * * * *
    (l) * * *
    (2) Comply with the requirements of Sec. Sec.  63.652, 63.653, and 
63.655, as applicable.
* * * * *
    6. Section 63.644 is amended by:
    a. Revising paragraph (b) introductory text;
    b. Revising paragraph (c)(1);
    c. Revising paragraph (d); and
    d. Revising paragraph (e) to read as follows:


Sec.  63.644  Monitoring provisions for miscellaneous process vents.

* * * * *
    (b) An owner or operator of a Group 1 miscellaneous process vent 
may request approval to monitor parameters other than those listed in 
paragraph (a) of this section. The request shall be submitted according 
to the procedures specified in Sec.  63.655(h). Approval shall be 
requested if the owner or operator:
* * * * *
    (c) * * *
    (1) Install, calibrate, maintain, and operate a flow indicator that 
determines whether a vent stream flow is present at least once every 
hour. Records shall be generated as specified in Sec.  63.655(h) and 
(i). The flow indicator shall be installed at the entrance to any 
bypass line that could divert the vent stream away from the control 
device to the atmosphere; or
* * * * *
    (d) The owner or operator shall establish a range that ensures 
compliance with the emissions standard for each parameter monitored 
under paragraphs (a) and (b) of this section. In order to establish the 
range, the information required in Sec.  63.655(f)(3) shall be 
submitted in the Notification of Compliance Status report.
    (e) Each owner or operator of a control device subject to the 
monitoring provisions of this section shall operate the control device 
in a manner consistent with the minimum and/or maximum operating 
parameter value or procedure required to be monitored under paragraphs 
(a) and (b) of this section. Operation of the control device in a 
manner that constitutes a period of excess emissions, as defined in 
Sec.  63.655(g)(6), or failure to perform procedures required by this 
section shall constitute a violation of the applicable emission 
standard of this subpart.
    7. Section 63.645 is amended by revising paragraph (h)(2) to read 
as follows:


Sec.  63.645  Test methods and procedures for miscellaneous process 
vents.

* * * * *
    (h) * * *
    (2) Where the recalculated TOC emission rate is greater than 33 
kilograms per day for an existing source or greater than 6.8 kilograms 
per day for a new source, the owner or operator shall submit a report 
as specified in Sec.  63.655(f), (g), or (h) and shall comply with the 
appropriate provisions in Sec.  63.643 by the dates specified in Sec.  
63.640.
* * * * *
    8. Section 63.646 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraphs (b) introductory text and (b)(1);
    c. Revising paragraph (c);
    d. Revising paragraph (d);
    e. Revising paragraph (e);
    f. Revising paragraph (f);
    g. Revising paragraph (g); and
    h. Removing paragraphs (h) through (l) to read as follows:


Sec.  63.646  Storage vessel provisions.

    (a) On and after the applicable compliance date for a Group 1 
storage vessel located at a new or existing source as specified in 
Sec.  63.640(h)(1)(ii) and (h)(4), the owner or operator of a Group 1 
storage vessel that is part of a new or existing source shall comply 
with the requirements of subpart WW according to the requirements in 
paragraphs (b) through (g) of this section.
    (b) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in 40 CFR part 63, subpart A or WW. 
The definitions of ``Group 1 storage vessel'' and ``storage vessel'' in 
Sec.  63.641 shall apply in lieu of the definition of ``storage 
vessel'' in Sec.  63.1061 of subpart WW.
    (1) An owner or operator may use good engineering judgment or test 
results to determine the stored liquid weight percent total organic HAP 
for purposes of group determination. Data, assumptions, and procedures 
used in the determination shall be documented.
* * * * *
    (c) For the purposes of this subpart, all references to ``the 
proposal date for a referencing subpart'' and ``the proposal date of 
the referencing subpart'' in subpart WW mean September 4, 2007.
    (d) For the purposes of this subpart, all references to ``10 years 
after promulgation of the referencing subpart'' and ``10 years after 
the promulgation date of the referencing subpart'' in subpart WW mean 
the date 10 years after publication of the final amendments in the 
Federal Register.
    (e) Failure to perform inspections and monitoring required by this 
section shall constitute a violation of the applicable standard of this 
subpart.
    (f) References in Sec.  63.1066(a) to initial startup notification 
requirements do not apply.
    (g) References to the Periodic Reports in Sec.  63.1066(b) mean the 
Periodic Report required by Sec.  63.655(g).
    9. Section 63.650 is amended by revising paragraph (a) to read as 
follows.


Sec.  63.650  Gasoline loading rack provisions.

    (a) Except as provided in paragraphs (b) through (c) of this 
section, each owner or operator of a Group 1 gasoline loading rack 
classified under Standard Industrial Classification code 2911 located 
within a contiguous area and under common control with a petroleum 
refinery shall comply with subpart R, Sec. Sec.  63.421, 63.422(a) 
through (c) and (e), 63.425(a) through (c) and (i), 63.425(e) through 
(h), 63.427(a) and (b), and 63.428(b), (c), (g)(1), (h)(1) through (3), 
and (k).
* * * * *
    10. Section 63.651 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec.  63.651  Marine tank vessel loading operation provisions.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, each owner or operator of a marine tank vessel loading 
operation located at a petroleum refinery shall comply with the 
requirements of Sec. Sec.  63.560 through 63.568.
* * * * *
    (c) The notification reports under Sec.  63.567(b) are not 
required.
* * * * *
    11. Section 63.652 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (d)(2);

[[Page 66706]]

    c. Revising paragraph (e)(5);
    d. Revising the first sentence of paragraph (f)(3) introductory 
text;
    e. Revising the first sentence in paragraph (g)(5)(ii)(B)(1); and
    f. Revising paragraph (l)(1) to read as follows:


Sec.  63.652  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources 
who seek to comply with the emission standard in Sec.  63.642(g) by 
using emissions averaging according to Sec.  63.642(l) rather than 
following the provisions of Sec. Sec.  63.643 through 63.647, and 
Sec. Sec.  63.650 and 63.651. Existing marine tank vessel loading 
operations located at the Valdez Marine Terminal source may not comply 
with the standard by using emissions averaging.
* * * * *
    (d) * * *
    (2) Group 1 emission points that are controlled by a reference 
control technology unless the reference control technology has been 
approved for use in a different manner and a higher nominal efficiency 
has been assigned according to the procedures in paragraph (i) of this 
section;
* * * * *
    (e) * * *
    (5) Record and report quarterly and annual credits and debits in 
the Periodic Reports as specified in Sec.  63.655(g)(8). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by Sec.  63.655(g)(8)(iii).
    (f) * * *
    (3) For emission points for which continuous monitors are used, 
periods of excess emissions as defined in Sec.  63.655(g)(6)(i). * * *
* * * * *
    (g) * * *
    (5) * * *
    (ii) * * *
    (B) * * *
    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec.  
63.565(d) of subpart Y. * * *
* * * * *
    (l) * * *
    (1) The owner or operator shall notify the Administrator of excess 
emissions in the Periodic Reports as required in Sec.  63.655(g)(6).
* * * * *
    12. Section 63.653 is amended by:
    a. Revising paragraphs (a)(3)(i) and (a)(7);
    b. Revising paragraph (b);
    c. Revising paragraph (c); and
    d. Revising paragraph (d) introductory text, paragraph (d)(2)(vii) 
introductory text, and paragraph (d)(2)(viii)(G) to read as follows:


Sec.  63.653  Monitoring, recordkeeping, and implementation plan for 
emissions averaging.

    (a) * * *
    (3) * * *
    (i) Perform the monitoring or inspection procedures in Sec.  63.646 
and Sec.  63.1063 of subpart WW; and
* * * * *
    (7) If an emission point in an emissions average is controlled 
using a pollution prevention measure or a device or technique for which 
no monitoring parameters or inspection procedures are specified in 
Sec. Sec.  63.643 through 63.647 and Sec. Sec.  63.650 and 63.651, the 
owner or operator shall establish a site-specific monitoring parameter 
and shall submit the information specified in Sec.  63.655(h)(4) in the 
Implementation Plan.
    (b) Records of all information required to calculate emission 
debits and credits and records required by Sec.  63.655 shall be 
retained for 5 years.
    (c) Notifications of Compliance Status report, Periodic Reports, 
and other reports shall be submitted as required by Sec.  63.655.
    (d) Each owner or operator of an existing source who elects to 
comply with Sec.  63.655(g) and (h) by using emissions averaging for 
any emission points shall submit an Implementation Plan.
* * * * *
    (2) * * *
    (vii) The information specified in Sec.  63.655(h)(4) for:
* * * * *
    (viii) * * *
    (G) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec.  63.647, the information specified in 
Sec.  63.655(h)(4) shall be included in the Implementation Plan.
* * * * *
    13. Sections 63.654 and 63.655 are redesignated as Sec. Sec.  
63.655 and 63.656.
    14. A new Sec.  63.654 is added to read as follows:


Sec.  63.654  Heat exchange systems.

    (a) Except as specified in paragraph (b) of this section, the owner 
or operator of a heat exchange system that meets the criteria in Sec.  
63.640(c)(8) must comply with the requirements of paragraphs (c) 
through (g) of this section.
    (b) A heat exchange system is exempt from the requirements in 
paragraphs (c) through (g) of this section if it meets any one of the 
criteria in paragraphs (b)(1) through (3) of this section.
    (1) The heat exchange system operates with the minimum pressure on 
the cooling water side at least 35 kilopascals greater than the maximum 
pressure on the process side.
    (2) The heat exchange system contains an intervening cooling fluid, 
containing less than 5 percent by weight of total HAP listed in Table 1 
to this subpart, between the process and the cooling water. This 
intervening fluid must serve to isolate the cooling water from the 
process fluid and must not be sent through a cooling tower or 
discharged. For purposes of this section, discharge does not include 
emptying for maintenance purposes.
    (3) The heat exchange system cools process fluids that contain less 
than 5 percent by weight of total HAP listed in Table 1 to this subpart 
(i.e., the heat exchange system is not in organic HAP service as 
defined in this subpart).
    (c) You must perform monthly monitoring to identify leaks of total 
strippable volatile organic compound (VOC) from each heat exchange 
system subject to the requirements of this subpart according to the 
procedures in paragraphs (c)(1) and (2) of this section.
    (1) Collect and analyze a sample from each cooling tower return 
line prior to exposure to air for each heat exchanger system in organic 
HAP service or from each heat exchanger exit line for each heat 
exchanger in organic HAP service within that heat exchange system to 
determine the total strippable VOC concentration (as methane) from the 
air stripping testing system using ``Air Stripping Method (Modified El 
Paso Method) for Determination of Volatile Organic Compound Emissions 
from Water Sources'' Revision Number One, dated January 2003, Sampling 
Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by 
Texas Commission on Environmental Quality, January 31, 2003 
(incorporated by reference-see Sec.  63.14).
    (2) For a heat exchange system at an existing source, a leak is a 
total strippable VOC concentration (as methane) in the stripping gas of 
6.2 ppmv or greater. For a heat exchange system at a new source, a leak 
is a total strippable VOC concentration (as methane) in the stripping 
gas of 3.1 ppmv or greater.
    (d) If a leak is detected, you must repair the leak to reduce the 
measured concentration to below the applicable action level as soon as 
practicable, but no later than 45 days after identifying the leak, 
except as specified in paragraphs (e) and (f). Actions that can

[[Page 66707]]

be taken to achieve repair include but are not limited to:
    (1) Physical modifications to the leaking heat exchanger, such as 
welding the leak or replacing a tube;
    (2) Blocking the leaking tube within the heat exchanger;
    (3) Changing the pressure so that water flows into the process 
fluid;
    (4) Replacing the heat exchanger or heat exchanger bundle; or
    (5) Isolating, bypassing, or otherwise removing the leaking heat 
exchanger from service until it is otherwise repaired.
    (e) If you detect a leak when monitoring a cooling tower return 
line under paragraph (c)(1), you may conduct additional monitoring to 
identify leaks of total strippable VOC emissions using Modified El Paso 
method from each heat exchanger in organic HAP service associated with 
the heat exchange system for which the leak was detected. If the 
additional monitoring shows that the total strippable VOC concentration 
in the stripped air at the heat exchanger exit line for each heat 
exchanger in organic HAP service is less than 6.2 ppmv for existing 
sources or less than 3.1 ppmv for new sources, the heat exchange system 
is excluded from repair requirements in paragraph (d).
    (f) You may delay the repair of a leaking heat exchanger when you 
meet one of the conditions in paragraphs (f)(1) through (3) of this 
section. You must determine if a delay of repair is necessary as soon 
as practicable, but no later than 45 days after first identifying the 
leak.
    (1) If the repair is technically infeasible without a shutdown and 
the total strippable VOC concentration (as methane) is initially and 
remains less than 62 ppmv for all monthly monitoring periods during the 
delay of repair, you may delay repair until the next scheduled shutdown 
of the heat exchange system. If, during subsequent monthly monitoring, 
the total strippable VOC concentration (as methane) is 62 ppmv or 
greater, you must repair the leak within 30 days of the monitoring 
event in which the leak was equal to or exceeded 62 ppmv total 
strippable VOC (as methane), except as provided in paragraph (f)(3) of 
this section.
    (2) If the necessary equipment, parts, or personnel are not 
available and the total strippable VOC concentration (as methane) is 
initially and remains less than 62 ppmv for all monthly monitoring 
periods during the delay of repair, you may delay the repair for a 
maximum of 120 calendar days. You must demonstrate that the necessary 
equipment, parts, or personnel were not available. If, during 
subsequent monthly monitoring, the total strippable VOC concentration 
(as methane) is 62 ppmv or greater, you must repair the leak within 30 
days of the monitoring event in which the leak was equal to or exceeded 
62 ppmv total strippable VOC (as methane), except as provided in 
paragraph (f)(3) of this section, or the original 120 day delay of 
repair deadline, whichever occurs first.
    (3) Prior to [3 years after the date of publication of the final 
amendments in the Federal Register], you may delay the repair of a heat 
exchanger for which the total strippable VOC concentration (as methane) 
is 62 ppmv or greater as provided in paragraphs (f)(3)(i) through 
(f)(3)(iii) of this section. On and after the date [3 years after 
publication of the final amendments in the Federal Register], you are 
not allowed to delay the repair of a heat exchanger for which the total 
strippable VOC concentration (as methane) is 62 ppmv or greater.
    (i) If the repair is technically infeasible without a shutdown and 
a shutdown of the unit is scheduled within 60 days of determining a 
delay of repair is necessary.
    (ii) If the necessary equipment, parts, or personnel are not 
available, may delay the repair for a maximum of 120 calendar days.
    (iii) If the repair is technically infeasible without a shutdown 
and a shutdown of the unit will cause more emissions than the delay of 
repair.
    (g) To delay the repair under paragraph (f), you must record the 
information in paragraphs (g)(1) through (g)(4) of this section.
    (1) The reason(s) for delaying repair.
    (2) A schedule for completing the repair as soon as practical.
    (3) The date and concentration of the leak as first identified and 
the results of all subsequent monthly monitoring events during the 
delay of repair.
    (4) An estimate of the potential emissions from the leaking heat 
exchange system or heat exchanger following the procedures in 
paragraphs (g)(4)(i) and (g)(4)(ii) of this section.
    (i) Determine the total strippable VOC concentration in the cooling 
water, in parts per million by weight (ppmw), using equation 7-1 from 
Modified El Paso method (incorporated by reference in Sec.  63.14), 
based on the total strippable concentration in the stripped air, ppmv, 
from monitoring.
    (ii) Calculate the VOC emissions for the leaking heat exchange 
system or heat exchanger by multiplying the VOC concentration in the 
cooling water, ppmw, by the flow rate of the cooling water from the 
leaking tower or heat exchanger and by the expected duration of the 
delay.
    15. Newly redesignated Sec.  63.655 is amended by:
    a. Revising the first sentence of paragraph (b);
    b. Revising the first sentence of paragraph (c);
    c. Revising paragraph (f)(1) introductory text and adding paragraph 
(f)(1)(vi);
    d. Revising paragraph (g) introductory text, and paragraphs (g)(1), 
(g)(2), (g)(3), (g)(5), and (g)(8)(ii)(C);
    e. Adding paragraph (g)(9);
    f. Revising the first sentence in paragraph (h)(2)(i)(B) and 
revising paragraph (h)(2)(ii);
    g. Revising paragraph (i)(1);
    h. Redesignating existing paragraph (i)(4) as (i)(5); and
    i. Adding paragraph (i)(4) to read as follows:


Sec.  63.655  Reporting and recordkeeping requirements.

* * * * *
    (b) Each owner or operator subject to the gasoline loading rack 
provisions in Sec.  63.650 shall comply with the recordkeeping and 
reporting provisions in Sec.  63.428(b) and (c), (g)(1), (h)(1) through 
(h)(3), and (k) of subpart R. * * *
    (c) Each owner or operator subject to the marine tank vessel 
loading operation standards in Sec.  63.651 shall comply with the 
recordkeeping and reporting provisions in Sec.  63.567(a) and Sec.  
63.567(c) through (k) of subpart Y. * * *
* * * * *
    (f) * * *
    (1) The Notification of Compliance Status report shall include the 
information specified in paragraphs (f)(1)(i) through (f)(1)(vi) of 
this section.
* * * * *
    (vi) For each heat exchange system, identification of the heat 
exchange systems that are subject to the requirements of this subpart.
* * * * *
    (g) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports no later than 60 days after the end of each 6-
month period when any of the compliance exceptions specified in 
paragraphs (g)(1) through (6) of this section or paragraph (g)(9) of 
this section occur. The first 6-month period shall begin on the date 
the Notification of Compliance Status report is required to be 
submitted. A Periodic Report is not required if none of the compliance 
exceptions identified in paragraph (g)(1) through (6) of this section 
or paragraph (g)(9) of this section occurred during the 6-month

[[Page 66708]]

period unless emissions averaging is utilized. Quarterly reports must 
be submitted for emission points included in emission averages, as 
provided in paragraph (g)(8) of this section. An owner or operator may 
submit reports required by other regulations in place of or as part of 
the Periodic Report required by this paragraph if the reports contain 
the information required by paragraphs (g)(1) through (9) of this 
section.
    (1) For storage vessels, Periodic Reports shall include the 
information specified for Periodic Reports in paragraph (g)(2) through 
(g)(5) of this section.
    (2) An owner or operator who elects to comply with Sec.  63.646 by 
using a fixed roof and an internal floating roof or by using an 
external floating roof converted to an internal floating roof shall 
submit the results of each inspection conducted in accordance with 
Sec.  63.1063(c)(1), (d)(1), and (d)(2) of subpart WW in which a 
failure is detected in the control equipment. For vessels for which 
inspections are required under Sec.  63.1063(c) and (d), the 
specifications and requirements listed in paragraphs (g)(2)(i) through 
(g)(2)(iii) of this section apply.
    (i) A failure is defined in Sec.  63.1063(d)(1) of subpart WW.
    (ii) Each Periodic Report shall include a copy of the inspection 
record required by Sec.  63.1065(b) of subpart WW when a failure 
occurs.
    (iii) An owner or operator who elects to use an extension in 
accordance with Sec.  63.1063(e)(2) of subpart WW shall, in the next 
Periodic Report, submit the documentation required by Sec.  
63.1063(e)(2).
    (3) An owner or operator who elects to comply with Sec.  63.646(a) 
through (l) by using an external floating roof shall meet the periodic 
reporting requirements specified in paragraphs (g)(3)(i) and (g)(3)(ii) 
of this section.
    (i) For vessels for which inspections are required under Sec.  
63.1063(c)(2), (d)(1), and (d)(3) of subpart WW, the owner or operator 
shall submit, as part of the Periodic Report, a copy of the inspection 
record required by Sec.  63.1065(b) of subpart WW when a failure 
occurs. A failure is defined in Sec.  63.1063(d)(1).
    (ii) An owner or operator who elects to use an extension in 
accordance with Sec.  63.1063(e)(2) or Sec.  63.1063(c)(2)(iv)(B) of 
subpart WW shall, in the next Periodic Report, submit the documentation 
required by those paragraphs.
* * * * *
    (5) An owner or operator who elects to comply with Sec.  63.646 by 
installing a closed vent system and other alternate control device as 
described in Sec.  63.1064 of subpart WW shall submit, as part of the 
next Periodic Report, a written application as described in Sec.  
63.1066(b)(3) of subpart WW.
* * * * *
    (8) * * *
    (ii) * * *
    (C) The information required to be reported by Sec. Sec.  
63.567(e)(4) and 63.567(j)(3) of subpart Y for each marine tank vessel 
loading operation included in an emissions average, unless the 
information has already been submitted in a separate report;
* * * * *
    (9) For heat exchange systems, Periodic Reports must include the 
following information:
    (i) The number of heat exchange systems in HAP service.
    (ii) The number of heat exchange systems in HAP service found to be 
leaking.
    (iii) A summary of the monitoring data that indicate a leak, 
including the number of leaks determined to be equal to or greater than 
the leak definitions specified in Sec.  63.654(c)(2);
    (iv) If applicable, the date a leak was identified, the date the 
source of the leak was identified, and the date of repair;
    (v) If applicable, a summary of the reason for delayed repair of 
any leak and the date of repair; and
    (vi) Estimate of VOC emissions for delay of repair.
* * * * *
    (h) * * *
    (2) * * *
    (i) * * *
    (B) Except as provided in paragraph (h)(2)(i)(C) of this section, 
if the internal inspection required by Sec.  63.1063(d)(1) of subpart 
WW is not planned and the owner or operator could not have known about 
the inspection 30 calendar days in advance of refilling the vessel with 
organic HAP, the owner or operator shall notify the Administrator at 
least 7 calendar days prior to refilling of the storage vessel. * * *
* * * * *
    (ii) In order to afford the Administrator the opportunity to have 
an observer present, the owner or operator of a storage vessel equipped 
with an external floating roof shall notify the Administrator of any 
seal gap measurements. The notification shall be made in writing at 
least 30 calendar days in advance of any gap measurements required by 
Sec.  63.1062(d)(3) of subpart WW. The State or local permitting 
authority can waive this notification requirement for all or some 
storage vessels subject to the rule or can allow less than 30 calendar 
days' notice.
* * * * *
    (i) * * *
    (1) Each owner or operator subject to the storage vessel provisions 
in Sec.  63.646 shall keep records as specified in paragraphs (i)(1)(i) 
and (i)(1)(ii) of this section.
    (i) Each owner or operator of a Group 1 storage vessel subject to 
the provisions in Sec.  63.646 shall keep the records specified in 
Sec.  63.1065 of subpart WW.
    (ii) Each owner or operator of a Group 2 storage vessel shall keep 
the records specified in Sec.  63.1065(a) of subpart WW. If a storage 
vessel is determined to be Group 2 because the weight percent total 
organic HAP of the stored liquid is less than or equal to 4 percent for 
existing sources or 2 percent for new sources, a record of any data, 
assumptions, and procedures used to make this determination shall be 
retained.
* * * * *
    (4) The owner or operator of a heat exchange system subject to the 
monitoring requirements in Sec.  63.654 shall comply with the 
recordkeeping requirements in paragraphs (i)(4)(i) through (v) of this 
section.
    (i) Identification of all heat exchangers at the facility and the 
average annual HAP concentration and the range of HAP concentrations of 
process fluid or intervening cooling fluid described in Sec.  
63.654(c).
    (ii) Identification of all heat exchange systems that are in 
organic HAP service. For each heat exchange system that is subject to 
this subpart, this must include identification of all heat exchangers 
within each heat exchange system, identification of the individual heat 
exchangers in organic HAP service within each heat exchange system, and 
the cooling tower included in each heat exchange system.
    (iii) Results of the following monitoring data for each monthly 
monitoring event:
    (A) Date/time of event.
    (B) Barometric pressure.
    (C) El Paso air stripping apparatus water flow (ml/min) and air 
flow, ml/min, and air temperature, C.
    (D) FID reading (ppmv).
    (E) Heat exchange exit line flow or cooling tower return line flow, 
gal/min.
    (F) Calibration information identified in Section 5.4.2 of the 
Modified El Paso Method, incorporated by reference in Sec.  63.14(n).
    (iv) The date when a leak was identified and the date when the heat 
exchanger was repaired or taken out of service.

[[Page 66709]]

    (v) If a repair is delayed, the reason for the delay, the schedule 
for completing the repair, and the estimate of potential emissions for 
the delay of repair.
* * * * *
    16. Newly redesignated Sec.  63.656 is amended by revising the 
first sentence of paragraph (c)(1) to read as follows:


Sec.  63.656   Implementation and enforcement.

* * * * *
    (c) * * *
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.640, 63.642(g) through (l), 63.643, 63.646 through 63.652, and 
63.654. * * *
* * * * *

Appendix to Subpart CC of Part 63-Tables [Amended]

    17. Table 1 of the appendix to subpart CC is revised to read as 
follows:

       Table 1 to Subpart CC of Part 63--Hazardous Air Pollutants
------------------------------------------------------------------------
                        Chemical name                         CAS No.\a\
------------------------------------------------------------------------
Benzene.....................................................       71432
Biphenyl....................................................       92524
Butadiene (1,3).............................................       10990
Carbon disulfide............................................       75150
Carbonyl sulfide............................................      463581
Cresol (mixed isomers \b\)..................................     1319773
Cresol (m-).................................................      108394
Cresol (o-).................................................       95487
Cresol (p-).................................................      106445
Cumene......................................................       98828
Dibromoethane (1,2) (ethylene dibromide)....................      106934
Dichloroethane (1,2)........................................      107062
Diethanolamine..............................................      111422
Ethylbenzene................................................      100414
Ethylene glycol.............................................      107211
Hexane......................................................      110543
Methanol....................................................       67561
Methyl isobutyl ketone (hexone).............................      108101
Methyl tert butyl ether.....................................     1634044
Naphthalene.................................................       91203
Phenol......................................................      108952
Toluene.....................................................      108883
Trimethylpentane (2,2,4)....................................      540841
Xylene (mixed isomers \b\)..................................     1330207
xylene (m-).................................................      108383
xylene (o-).................................................       95476
xylene (p-).................................................      106423
------------------------------------------------------------------------
\a\ CAS number = Chemical Abstract Service registry number assigned to
  specific compounds, isomers, or mixtures of compounds.
\b\ Isomer means all structural arrangements for the same number of
  atoms of each element and does not mean salts, esters, or derivatives.

    18. Table 4 of the appendix to subpart CC is revised to read as 
follows:

 Table 4 to Subpart CC of Part 63--Gasoline Distribution Emission Point
                Recordkeeping and Reporting Requirementsa
------------------------------------------------------------------------
    Reference (section of
         subpart Y)                Description             Comment
------------------------------------------------------------------------
63.428(b) or (k)............  Records of test       ....................
                               results for each
                               gasoline cargo tank
                               loaded at the
                               facility.
63.428(c)...................  Continuous            ....................
                               monitoring data
                               recordkeeping
                               requirements.
63.428(g)(1)................  Semiannual report     Required to be
                               loading rack          submitted with the
                               information.          Periodic Report
                                                     required under 40
                                                     CFR part 63,
                                                     subpart CC.
63.428 (h)(1) through (h)(3)  Excess emissions      Required to be
                               report loading rack   submitted with the
                               information.          Periodic Report
                                                     required under 40
                                                     CFR part 63,
                                                     subpart CC.
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.

    19. Table 5 of the appendix to subpart CC is revised to read as 
follows:

  Table 5 to Subpart CC of Part 63--Marine Vessel Loading and Unloading
          Operations Recordkeeping and Reporting Requirementsa
------------------------------------------------------------------------
    Reference (section of
         subpart Y)                Description             Comment
------------------------------------------------------------------------
63.562(e)(2)................  Operation and
                               maintenance plan
                               for control
                               equipment and
                               monitoring
                               equipment.
63.565(a)...................  Performance test/     The information
                               site test plan.       required under this
                                                     paragraph is to be
                                                     submitted with the
                                                     Notification of
                                                     Compliance Status
                                                     report required
                                                     under 40 CFR part
                                                     63, subpart CC.
63.565(b)...................  Performance test
                               data requirements.
63.567(a)...................  General Provisions
                               (subpart A)
                               applicability.
63.567(c)...................  Request for
                               extension of
                               compliance.
63.567(d)...................  Flare recordkeeping
                               requirements.
63.567(e)...................  Summary report and    The information
                               excess emissions      required under this
                               and monitoring        paragraph is to be
                               system performance    submitted with the
                               report requirements.  Periodic Report
                                                     required under 40
                                                     CFR part 63,
                                                     subpart CC.
63.567(f)...................  Vapor collection
                               system engineering
                               report.
63.567(g)...................  Vent system valve
                               bypass
                               recordkeeping
                               requirements.
63.567(h)...................  Marine vessel vapor-
                               tightness
                               documentation.
63.567(i)...................  Documentation file
                               maintenance.
63.567(j)...................  Emission estimation
                               reporting and
                               recordkeeping
                               procedures.
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


[[Page 66710]]

    20. Table 6 of the appendix to subpart CC is revised to read as 
follows:

                Table 6 to Subpart CC of Part 63--General Provisions Applicability to Subpart CCa
----------------------------------------------------------------------------------------------------------------
              Reference                 Applies to  subpart CC                       Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)...........................  Yes....................  ................................................
63.1(a)(2)...........................  Yes....................  ................................................
63.1(a)(3)...........................  Yes....................  ................................................
63.1(a)(4)...........................  Yes....................  ................................................
63.1(a)(5)...........................  No.....................  Reserved.
63.1(a)(6)...........................  Yes....................  Except the correct mail drop (MD) number is C404-
                                                                 04.
63.1(a)(7)-63.1(a)(9)................  No.....................  Reserved.
63.1(a)(10)..........................  Yes....................  ................................................
63.1(a)(11)..........................  Yes....................  ................................................
63.1(a)(12)..........................  Yes....................  ................................................
63.1(b)(1)...........................  Yes....................  Except subpart CC specifies pollutants subject
                                                                 to the rule are listed in Table 1.
63.1(b)(2)...........................  No.....................  Reserved.
63.1(b)(3)...........................  Yes....................  ................................................
63.1(c)(1)...........................  Yes....................  ................................................
63.1(c)(2)...........................  Yes....................  Except area sources are not subject to subpart
                                                                 CC and are not required to obtain a title V
                                                                 permit solely for subpart CC.
63.1(c)(3)-63.1(c)(4)................  No.....................  Reserved.
63.1(c)(5)...........................  Yes....................  Except that sources are not required to submit
                                                                 notifications overridden by this table.
63.1(d)..............................  No.....................  Reserved.
63.1(e)..............................  No.....................  No CAA section 112(j) standard applies to the
                                                                 affected sources under subpart CC.
63.2.................................  Yes....................  Sec.   63.641 of subpart CC specifies that if
                                                                 the same term is defined in subparts A and CC,
                                                                 it shall have the meaning given in subpart CC.
63.3.................................  Yes....................  ................................................
63.4(a)(1)-63.4(a)(2)................  Yes....................  ................................................
63.4(a)(3)-63.4(a)(5)................  No.....................  Reserved.
63.4(b)..............................  Yes....................  ................................................
63.4(c)..............................  Yes....................  ................................................
63.5(a)..............................  Yes....................  ................................................
63.5(b)(1)...........................  Yes....................  ................................................
63.5(b)(2)...........................  No.....................  Reserved.
63.5(b)(3)...........................  Yes....................  ................................................
63.5(b)(4)...........................  Yes....................  Except the cross-reference to Sec.   63.9(b) is
                                                                 changed to Sec.   63.9(b)(4) and (5). Subpart
                                                                 CC overrides Sec.   63.9(b)(2).
63.5(b)(5)...........................  No.....................  Reserved.
63.5(b)(6)...........................  Yes....................  ................................................
63.5(c)..............................  No.....................  Reserved.
63.5(d)..............................  Yes....................  Except that the application in Sec.
                                                                 63.5(d)(1)(i) shall be submitted as soon as
                                                                 practicable before startup, but no later than
                                                                 90 days after the promulgation date of subpart
                                                                 CC if the construction or reconstruction had
                                                                 commenced and initial startup had not occurred
                                                                 before the promulgation of subpart CC.
63.5(e)..............................  Yes....................  ................................................
63.5(f)..............................  Yes....................  ................................................
63.6(a)..............................  Yes....................  ................................................
63.6(b)(1)-63.6(b)(5)................  No.....................  Subpart CC specifies compliance dates and
                                                                 notifications for sources subject to subpart
                                                                 CC.
63.6(b)(6)...........................  No.....................  Reserved.
63.6(b)(7)...........................  Yes....................  ................................................
63.6(c)(1)-63.6(c)(2)................  No.....................  Sec.   63.640 of subpart CC specifies the
                                                                 compliance date.
63.6(c)(3)-63.6(c)(4)................  No.....................  Reserved.
63.6(c)(5)...........................  Yes....................  ................................................
63.6(d)..............................  No.....................  Reserved.
63.6(e)(1)...........................  Yes....................  Except the startup, shutdown, or malfunction
                                                                 plan does not apply to Group 2 emission points
                                                                 that are not part of an emissions averaging
                                                                 group.\b\
63.6(e)(2)...........................  No.....................  Reserved.
63.6(e)(3)(i)........................  Yes....................  Except the startup, shutdown, or malfunction
                                                                 plan does not apply to Group 2 emission points
                                                                 that are not part of an emissions averaging
                                                                 group.\b\
63.6(e)(3)(ii).......................  No.....................  Reserved.
63.6(e)(3)(iii)-63.6(e)(3)(ix).......  Yes....................  Except the reports specified in Sec.
                                                                 63.6(e)(3)(iv) do not need to be reported
                                                                 within 2 and 7 days of commencing and
                                                                 completing the action, respectively, but must
                                                                 be included in the next periodic report.
63.6(f)..............................  Yes....................  Except the phrase ``as specified in Sec.
                                                                 63.7(c)'' in Sec.   63.6(f)(2)(iii)(D) does not
                                                                 apply because subpart CC does not require a
                                                                 site-specific test plan.
63.6(g)..............................  Yes....................  ................................................
63.6(h)(1) and 63.6(h)(2)............  Yes....................  Except subparagraph Sec.   63.6(h)(2)(ii), which
                                                                 is reserved.
63.6(h)(3)...........................  No.....................  Reserved.
63.6(h)(4)...........................  No.....................  Notification of visible emission test not
                                                                 required in subpart CC.
63.6(h)(5)...........................  No.....................  Visible emission requirements and timing is
                                                                 specified in Sec.   63.645(i) of subpart CC.
63.6(h)(6)...........................  Yes....................  ................................................
63.6(h)(7)...........................  No.....................  Subpart CC does not require opacity standards.

[[Page 66711]]

 
63.6(h)(8)...........................  Yes....................  ................................................
63.6(h)(9)...........................  No.....................  Subpart CC does not require opacity standards.
63.6(i)..............................  Yes....................  Except for Sec.   63.6(i)(15), which is
                                                                 reserved.
63.6(j)..............................  Yes....................  ................................................
63.7(a)(1)...........................  Yes....................  ................................................
63.7(a)(2)...........................  Yes....................  Except test results must be submitted in the
                                                                 Notification of Compliance Status report due
                                                                 150 days after compliance date, as specified in
                                                                 Sec.   63.655(f) of subpart CC.
63.7(a)(3)...........................  Yes....................  ................................................
63.7(a)(4)...........................  Yes....................  ................................................
63.7(b)..............................  No.....................  Subpart CC requires notification of performance
                                                                 test at least 30 days (rather than 60 days)
                                                                 prior to the performance test.
63.7(c)..............................  No.....................  Subpart CC does not require a site-specific test
                                                                 plan.
63.7(d)..............................  Yes....................  ................................................
63.7(e)(1)...........................  Yes....................  Except the performance test must be conducted at
                                                                 the maximum representative capacity as
                                                                 specified in Sec.   63.642(d)(3) of subpart CC.
63.7(e)(2)-63.7(e)(4)................  Yes....................  ................................................
63.7(f)..............................  No.....................  Subpart CC specifies applicable methods and
                                                                 provides alternatives without additional
                                                                 notification or approval.
63.7(g)..............................  No.....................  Performance test reporting specified in Sec.
                                                                 63.655(f).
63.7(h)(1)...........................  Yes....................  ................................................
63.7(h)(2)...........................  Yes....................  ................................................
63.7(h)(3)...........................  Yes....................  Yes, except site-specific test plans shall not
                                                                 be required, and where Sec.   63.7(g)(3)
                                                                 specifies submittal by the date the site-
                                                                 specific test plan is due, the date shall be 90
                                                                 days prior to the Notification of Compliance
                                                                 Status report in Sec.   63.655(f).
63.7(h)(4)(i)........................  Yes....................  ................................................
63.7(h)(4)(ii).......................  No.....................  Site-specific test plans are not required in
                                                                 subpart CC.
63.7(h)(4)(iii) and (iv).............  Yes....................  ................................................
63.7(h)(5)...........................  Yes....................  ................................................
63.8(a)..............................  Yes....................  Except Sec.   63.8(a)(3), which is reserved.
63.8(b)..............................  Yes....................  ................................................
63.8(c)(1)...........................  Yes....................  ................................................
63.8(c)(2)...........................  Yes....................  ................................................
63.8(c)(3)...........................  Yes....................  Except that verification of operational status
                                                                 shall, at a minimum, include completion of the
                                                                 manufacturer's written specifications or
                                                                 recommendations for installation, operation,
                                                                 and calibration of the system or other written
                                                                 procedures that provide adequate assurance that
                                                                 the equipment would monitor accurately.
63.8(c)(4)...........................  No.....................  Subpart CC specifies monitoring frequency in
                                                                 Sec.   63.655(i)(3) of subpart CC.
63.8(c)(5)-63.8(c)(8)................  No.....................  ................................................
63.8(d)..............................  No.....................  ................................................
63.8(e)..............................  No.....................  Subpart CC does not require performance
                                                                 evaluations; however, this shall not abrogate
                                                                 the Administrator's authority to require
                                                                 performance evaluation under section 114 of the
                                                                 Clean Air Act.
63.8(f)(1)...........................  Yes....................  ................................................
63.8(f)(2)...........................  Yes....................  ................................................
63.8(f)(3)...........................  Yes....................  ................................................
63.8(f)(4)(i)........................  No.....................  Timeframe for submitting request is specified in
                                                                 Sec.   63.655(h)(5)(i) of subpart CC.
63.8(f)(4)(ii).......................  Yes....................  ................................................
63.8(f)(4)(iii)......................  No.....................  Timeframe for submitting request is specified in
                                                                 Sec.   63.655(h)(5)(i) of subpart CC.
63.8(f)(5)...........................  Yes....................  ................................................
63.8(f)(6)...........................  No.....................  Subpart CC does not require continuous emission
                                                                 monitors.
63.8(g)..............................  No.....................  Subpart CC specifies data reduction procedures
                                                                 in Sec.   63.655(i)(3).
63.9(a)..............................  Yes....................  Except that the owner or operator does not need
                                                                 to send a copy of each notification submitted
                                                                 to the Regional Office of the EPA as stated in
                                                                 Sec.   63.9(a)(4)(ii).
63.9(b)(1)...........................  Yes....................  Except the notification of compliance status
                                                                 report specified in Sec.   63.655(f) of subpart
                                                                 CC may also serve as the initial compliance
                                                                 notification required in Sec.
                                                                 63.9(b)(1)(iii).
63.9(b)(2)...........................  No.....................  A separate Initial Notification report is not
                                                                 required under subpart CC.
63.9(b)(3)...........................  No.....................  Reserved.
63.9(b)(4)...........................  Yes....................  Except for subparagraphs Sec.   63.9(b)(4)(ii)
                                                                 through (iv), which are reserved.
63.9(b)(5)...........................  Yes....................  ................................................
63.9(c)..............................  Yes....................  ................................................
63.9(d)..............................  Yes....................  ................................................
63.9(e)..............................  No.....................  Subpart CC requires notification of performance
                                                                 test at least 30 days (rather than 60 days)
                                                                 prior to the performance test and does not
                                                                 require a site-specific test plan.
63.9(f)..............................  No.....................  Subpart CC does not require advanced
                                                                 notification of visible emissions test.
63.9(g)..............................  No.....................  ................................................
63.9(h)..............................  No.....................  Subpart CC Sec.   63.655(f) specifies
                                                                 Notification of Compliance Status report
                                                                 requirements.
63.9(i)..............................  Yes....................  ................................................
63.9(j)..............................  No.....................  ................................................
63.10(a).............................  Yes....................  ................................................
63.10(b)(1)..........................  No.....................  Sec.   63.644(d) of subpart CC specifies record
                                                                 retention requirements.
63.10(b)(2)(i).......................  Yes....................  ................................................

[[Page 66712]]

 
63.10(b)(2)(ii)......................  Yes....................  ................................................
63.10(b)(2)(iii).....................  No.....................  ................................................
63.10(b)(2)(iv)......................  Yes....................  ................................................
63.10(b)(2)(v).......................  Yes....................  ................................................
63.10(b)(2)(vi)......................  Yes....................  ................................................
63.10(b)(2)(vii).....................  No.....................  ................................................
63.10(b)(2)(viii)....................  Yes....................  ................................................
63.10(b)(2)(ix)......................  Yes....................  ................................................
63.10(b)(2)(x).......................  Yes....................  ................................................
63.10(b)(2)(xi)......................  No.....................  ................................................
63.10(b)(2)(xii).....................  Yes....................  ................................................
63.10(b)(2)(xiii)....................  No.....................  ................................................
63.10(b)(2)(xiv).....................  Yes....................  ................................................
63.10(b)(3)..........................  Yes....................  ................................................
63.10(c)(1)-63.10(c)(6)..............  No.....................  ................................................
63.10(c)(7) and 63.10(c)(8)..........  Yes....................  ................................................
63.10(c)(9)-63.10(c)(15).............  No.....................  ................................................
63.10(d)(1)..........................  Yes....................  ................................................
63.10(d)(2)..........................  No.....................  Sec.   63.655(f) of subpart CC specifies
                                                                 performance test reporting.
63.10(d)(3)..........................  No.....................  Results of visible emissions test are included
                                                                 in Compliance Status Report as specified in
                                                                 Sec.   63.655(f).
63.10(d)(4)..........................  Yes....................  ................................................
63.10(d)(5)(i).......................  Yes\b\.................  Except that reports required by Sec.
                                                                 63.10(d)(5)(i) may be submitted at the same
                                                                 time as periodic reports specified in Sec.
                                                                 63.655(g) of subpart CC.
63.10(d)(5)(ii)......................  Yes....................  Except that actions taken during a startup,
                                                                 shutdown, or malfunction that are not
                                                                 consistent with the startup, shutdown, and
                                                                 malfunction plan and that cause the source to
                                                                 exceed any applicable emission limitation do
                                                                 not need to be reported within 2 and 7 days of
                                                                 commencing and completing the action,
                                                                 respectively, but must be included in the next
                                                                 periodic report.
63.10(e).............................  No.....................  ................................................
63.10(f).............................  Yes....................  ................................................
63.11-63.16..........................  Yes....................  ................................................
----------------------------------------------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be sent by methods other than the U.S. Mail
  (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is not required.
\b\ The plan, and any records or reports of startup, shutdown, and malfunction do not apply to Group 2 emission
  points that are not part of an emissions averaging group.

    21. Table 10 of the appendix to subpart CC is amended by revising 
footnotes d, f, and g to read as follows:

Table 10 to Subpart CC of Part 63--Miscellaneous Process Vents--
Monitoring, Recordkeeping, and Reporting Requirements for Complying 
With 98 Weight-Percent Reduction of Total Organic HAP Emissions or a 
Limit of 20 Parts Per Million by Volume

* * * * *
    \d\ NCS = Notification of Compliance Status Report described in 
Sec.  63.655.
* * * * *
    \f\ When a period of excess emission is caused by insufficient 
monitoring data, as described in Sec.  63.655(g)(6)(i)(C) or (D), the 
duration of the period when monitoring data were not collected shall be 
included in the Periodic Report.
    \g\ PR = Periodic Reports described in Sec.  63.655(g).
* * * * *

[FR Doc. E8-26403 Filed 11-7-08; 8:45 am]
BILLING CODE 6560-50-P