[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Rules and Regulations]
[Pages 40740-40791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05900]



[[Page 40739]]

Vol. 85

Tuesday,

No. 130

July 7, 2020

Part II





Environmental Protection Agency





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40 CFR Part 63





National Emission Standards for Hazardous Air Pollutants: Organic 
Liquids Distribution (Non-Gasoline) Residual Risk and Technology 
Review; Final Rule

  Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Rules 
and Regulations  

[[Page 40740]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2018-0074; FRL-10006-88-OAR]
RIN 2060-AT86


National Emission Standards for Hazardous Air Pollutants: Organic 
Liquids Distribution (Non-Gasoline) Residual Risk and Technology Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes the residual risk and technology review 
(RTR) conducted for the Organic Liquids Distribution (Non-Gasoline) 
(OLD) source category regulated under National Emission Standards for 
Hazardous Air Pollutants (NESHAP). The U.S. Environmental Protection 
Agency (EPA) is finalizing amendments to the storage tank requirements 
as a result of the RTR. In addition, we are taking final action to 
correct and clarify regulatory provisions related to emissions during 
periods of startup, shutdown, and malfunction (SSM); add requirements 
for electronic reporting of performance test results and reports, 
performance evaluation reports, compliance reports, and Notification of 
Compliance Status (NOCS) reports; add operational requirements for 
flares; and make other minor technical improvements. We estimate that 
these amendments will reduce emissions of hazardous air pollutants 
(HAP) from this source category by 186 tons per year (tpy), which 
represents an approximate 8 percent reduction of HAP emissions from the 
source category.

DATES: This final rule is effective on July 7, 2020. The incorporation 
by reference (IBR) of certain publications listed in the rule is 
approved by the Director of the Federal Register as of July 7, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2018-0074. All documents in the docket are 
listed on the https://www.regulations.gov/ website. Although listed, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through https://www.regulations.gov/, or in hard copy at 
the EPA Docket Center, WJC West Building, Room Number 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Eastern Standard Time (EST), 
Monday through Friday. The telephone number for the Public Reading Room 
is (202) 566-1744, and the telephone number for the EPA Docket Center 
is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Mr. Neil Feinberg, Sector Policies and Programs Division (E143-
01), Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-2214; fax number: (919) 541-0516; and email 
address: [email protected]. For specific information regarding 
the risk assessment, contact Ms. Darcie Smith, Health and Environmental 
Impacts Division (C539-02), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-2076; fax 
number: (919) 541-0840; and email address: [email protected]. For 
information about the applicability of the NESHAP to a particular 
entity, contact Mr. Jon Cox, Office of Enforcement and Compliance 
Assurance, U.S. Environmental Protection Agency, WJC South Building, 
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 
(202) 564-1395; and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

ANSI American National Standards Institute
APCD air pollution control device
ASTM American Society for Testing and Materials
CAA Clean Air Act
CARB California Air Resources Board
CBI Confidential Business Information
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CF Code of Federal Regulations
CMS continuous monitoring systems
CRA Congressional Review Act
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
FTIR Fourier Transform Infrared (FTIR) Spectroscopy
HAP hazardous air pollutant(s)
HON National Emission Standards for Organic Hazardous Air Pollutants 
from the Synthetic Organic Chemical Manufacturing Industry, also 
known as the Hazardous Organic NESHAP
HQ hazard quotient
IBR incorporation by reference
ICR Information Collection Request
km kilometer
LEL lower explosive limit
LDAR leak detection and repair
MACT maximum achievable control technology
MDL method detection limit
MIR maximum individual risk
NESHAP national emission standards for hazardous air pollutants
NHVcz net heating value in the combustion zone gas
NHVvg net heating value of the flare vent gas
NOCS Notification of Compliance Status
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OLD Organic Liquids Distribution (Non-Gasoline)
OMB Office of Management and Budget
PDF portable document format
POM polycyclic organic matter
ppm parts per million
ppmv parts per million by volume
PRA Paperwork Reduction Act
PRD pressure relief device
psia pounds per square inch absolute
REL reference exposure level
RFA Regulatory Flexibility Act
RTR residual risk and technology review
SCAQMD South Coast Air Quality Management District
SDS safety data sheet(s)
SOCMI synthetic organic chemical manufacturing industry
SSM startup, shutdown, and malfunction
TAC Texas Administrative Code
The Court United States Court of Appeals for the District of 
Columbia Circuit
TOSHI target organ-specific hazard index
tpy tons per year
UMRA Unfunded Mandates Reform Act
URE unit risk estimate
VCS voluntary consensus standard
VOC volatile organic compound(s)
VPX vapor pressure

    Background information. On October 21, 2019, the EPA proposed 
revisions to the OLD NESHAP based on our RTR. In this action, we are 
finalizing decisions and revisions for the rule. We summarize some of 
the more significant comments we timely received regarding the proposed 
rule and provide our responses in this preamble. A summary of all other 
public comments on the proposal and the EPA's responses to those 
comments is available in the Summary of Public Comments and Responses 
for Risk and Technology Review for Organic Liquids Distribution (Non-
Gasoline), Docket ID No. EPA-HQ-OAR-2018-0074. A ``track changes'' 
version of the regulatory language that incorporates the changes in 
this action is available in the docket.

[[Page 40741]]

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review and Administrative Reconsideration
II. Background
    A. What is the statutory authority for this action?
    B. What is the OLD source category and how does the NESHAP 
regulate HAP emissions from the source category?
    C. What changes did we propose for the OLD source category in 
our October 21, 2019, RTR proposal?
III. What is included in this final rule?
    A. What are the significant changes since proposal?
    B. What are the final rule amendments based on the risk review 
for the OLD source category?
    C. What are the final rule amendments based on the technology 
review for the OLD source category?
    D. What are the final rule amendments pursuant to CAA Section 
112(d)(2) and (3) for the OLD source category?
    E. What are the final rule amendments addressing emissions 
during periods of SSM?
    F. What other changes have been made to the NESHAP?
    G. What are the effective and compliance dates of the standards?
IV. What is the rationale for our final decisions and amendments for 
the OLD source category?
    A. Residual Risk Review for the OLD Source Category
    B. Technology Review for the OLD Source Category
    C. Amendments Pursuant to CAA Section 112(d)(2) and (3) for the 
OLD Source Category
    D. Amendments Addressing Emissions During Periods of SSM
    E. Technical Amendments to the MACT Standards
V. Summary of Cost, Environmental, and Economic Impacts and 
Additional Analyses Conducted
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
    G. What analysis of children's environmental health did we 
conduct?
VI. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    K. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Regulated entities. Categories and entities potentially regulated 
by this action are shown in Table 1 of this preamble.

 Table 1--Neshap and Industrial Source Categories Affected by This Final
                                 Action
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       NESHAP and source category               NAICS \1\ code(s)
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Organic Liquids Distribution (Non-       3222, 3241, 3251, 3252, 3259,
 Gasoline).                               3261, 3361, 3362, 3399, 4247,
                                          4861, 4869, 4931, 5622.
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\1\ North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather to provide a guide for readers regarding entities likely to be 
affected by the final action for the source category listed. The final 
standards are directly applicable to the affected sources. Federal, 
state, local, and tribal government entities are not affected by this 
final action. As defined in the Initial List of Categories of Sources 
Under Section 112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 
FR 31576, July 16, 1992) and Documentation for Developing the Initial 
Source Category List, Final Report (see EPA-450/3-91-030, July 1992), 
the OLD source category includes, but is not limited to, those 
activities associated with the storage and distribution of organic 
liquids other than gasoline, at sites which serve as distribution 
points from which organic liquids may be obtained for further use and 
processing.
    The OLD source category involves the distribution of organic 
liquids into, out of, or within a source. The distribution activities 
include the storage of organic liquids in storage tanks not subject to 
other 40 CFR part 63 standards and transfers into or out of the tanks 
from or to cargo tanks, containers, and pipelines. The types of organic 
liquids and emission sources covered by the OLD NESHAP are frequently 
found at many types of facilities that are already subject to other 
NESHAP. If equipment is in OLD service and is subject to another 40 CFR 
part 63 NESHAP, then that equipment is not subject to the corresponding 
requirements in the OLD NESHAP.
    To determine whether your facility is affected, you should examine 
the applicability criteria in the appropriate NESHAP. If you have any 
questions regarding the applicability of any aspect of this NESHAP, 
please contact the appropriate person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section of this preamble.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the internet. Following 
signature by the EPA Administrator, the EPA will post a copy of this 
final action at: https://www.epa.gov/stationary-sources-air-pollution/organic-liquids-distribution-national-emission-standards-hazardous. 
Following publication in the Federal Register, the EPA will post the 
Federal Register version and key technical documents at this same 
website.
    Additional information is available on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/risk-and-technology-review-national-emissions-standards-hazardous. This information 
includes an overview of the RTR program, and links to project websites 
for the RTR source categories.

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C. Judicial Review and Administrative Reconsideration

    Under the Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final action is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
(the Court) by September 8, 2020. Under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that only an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review. This section also 
provides a mechanism for the EPA to reconsider the rule if the person 
raising an objection can demonstrate to the Administrator that it was 
impracticable to raise such objection within the period for public 
comment or if the grounds for such objection arose after the period for 
public comment (but within the time specified for judicial review) and 
if such objection is of central relevance to the outcome of the rule. 
Any person seeking to make such a demonstration should submit a 
Petition for Reconsideration to the Office of the Administrator, U.S. 
EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, with a copy to both the person(s) listed in the 
preceding FOR FURTHER INFORMATION CONTACT section, and the Associate 
General Counsel for the Air and Radiation Law Office, Office of General 
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.

II. Background

A. What is the statutory authority for this action?

    Section 112 of the CAA establishes a two-stage regulatory process 
to address emissions of HAP from stationary sources. In the first 
stage, we must identify categories of sources emitting one or more of 
the HAP listed in CAA section 112(b) and then promulgate technology-
based NESHAP for those sources. ``Major sources'' are those that emit, 
or have the potential to emit, any single HAP at a rate of 10 tpy or 
more, or 25 tpy or more of any combination of HAP. For major sources, 
these standards are commonly referred to as maximum achievable control 
technology (MACT) standards and must reflect the maximum degree of 
emission reductions of HAP achievable (after considering cost, energy 
requirements, and non-air quality health and environmental impacts). In 
developing MACT standards, CAA section 112(d)(2) directs the EPA to 
consider the application of measures, processes, methods, systems, or 
techniques, including, but not limited to, those that reduce the volume 
of or eliminate HAP emissions through process changes, substitution of 
materials, or other modifications; enclose systems or processes to 
eliminate emissions; collect, capture, or treat HAP when released from 
a process, stack, storage, or fugitive emissions point; are design, 
equipment, work practice, or operational standards; or any combination 
of the above.
    For these MACT standards, the statute specifies certain minimum 
stringency requirements, which are referred to as MACT floor 
requirements, and which may not be based on cost considerations. See 
CAA section 112(d)(3). For new sources, the MACT floor cannot be less 
stringent than the emission control achieved in practice by the best-
controlled similar source. The MACT standards for existing sources can 
be less stringent than floors for new sources, but they cannot be less 
stringent than the average emission limitation achieved by the best-
performing 12 percent of existing sources in the category or 
subcategory (or the best-performing five sources for categories or 
subcategories with fewer than 30 sources). In developing MACT 
standards, we must also consider control options that are more 
stringent than the floor under CAA section 112(d)(2). We may establish 
standards more stringent than the floor, based on the consideration of 
the cost of achieving the emissions reductions, any non-air quality 
health and environmental impacts, and energy requirements.
    In the second stage of the regulatory process, the CAA requires the 
EPA to undertake two different analyses, which we refer to as the 
technology review and the residual risk review. Under the technology 
review, we must review the technology-based standards and revise them 
``as necessary (taking into account developments in practices, 
processes, and control technologies)'' no less frequently than every 8 
years, pursuant to CAA section 112(d)(6). Under the residual risk 
review, we must evaluate the risk to public health remaining after 
application of the technology-based standards and revise the standards, 
if necessary, to provide an ample margin of safety to protect public 
health or to prevent, taking into consideration costs, energy, safety, 
and other relevant factors, an adverse environmental effect. The 
residual risk review is required within 8 years after promulgation of 
the technology-based standards, pursuant to CAA section 112(f). In 
conducting the residual risk review, if the EPA determines that the 
current standards provide an ample margin of safety to protect public 
health, it is not necessary to revise the MACT standards pursuant to 
CAA section 112(f).\1\ For more information on the statutory authority 
for this rule, see 84 FR 56288, October 21, 2019.
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    \1\ The Court has affirmed this approach of implementing CAA 
section 112(f)(2)(A): NRDC v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 
2008) (``If EPA determines that the existing technology-based 
standards provide an `ample margin of safety,' then the Agency is 
free to readopt those standards during the residual risk 
rulemaking.'').
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B. What is the OLD source category and how does the NESHAP regulate HAP 
emissions from the source category?

    The EPA promulgated the OLD NESHAP on February 3, 2004 (69 FR 
5038). The standards are codified at 40 CFR part 63, subpart EEEE. The 
OLD industry consists of facilities that store and distribute organic 
liquids. The source category covered by this MACT standard currently 
includes 177 facilities. As defined in the Initial List of Categories 
of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 
1990 (see 57 FR 31576, July 16, 1992) and Documentation for Developing 
the Initial Source Category List, Final Report (see EPA-450/3-91-030, 
July, 1992), the OLD source category includes, but is not limited to, 
those activities associated with the storage and distribution of 
organic liquids other than gasoline, at sites that serve as 
distribution points from which organic liquids may be obtained for 
further use and processing.
    The OLD source category involves the distribution of organic 
liquids into, out of, or within a source. The distribution activities 
include the storage of organic liquids in storage tanks and transfers 
into or out of the tanks from or to cargo tanks, containers, and 
pipelines that are not subject to other 40 CFR part 63 standards. 
Organic liquids are any crude oils downstream of the first point of 
custody transfer and any non-crude oil liquid that contains at least 5 
percent by weight of any combination of the 98 HAP listed in Table 1 to 
40 CFR part 63, subpart EEEE. For the purposes of the OLD NESHAP, 
organic liquids do not include gasoline, kerosene (No. 1 distillate 
oil), diesel (No. 2 distillate oil), asphalt, and heavier distillate 
oil and fuel oil, fuel that is consumed or dispensed on the plant site, 
hazardous waste, wastewater, ballast water, or any

[[Page 40743]]

non-crude liquid with an annual average true vapor pressure less than 
0.7 kilopascals (0.1 psia). The OLD NESHAP applies only to major 
sources of HAP (i.e., sources that have the potential to emit 10 tpy of 
any single HAP or 25 tpy of combined HAP). Facilities subject to this 
NESHAP fall into two types, either (1) petrochemical terminals 
primarily in the business of storing and distributing organic liquids 
or (2) chemical production facilities or other manufacturing facilities 
that either have a distribution terminal not subject to another major 
source NESHAP or have a few miscellaneous storage tanks or transfer 
racks that are not otherwise subject to another major source NESHAP.
    Equipment controlled by the OLD NESHAP are storage tanks, transfer 
operations, transport vehicles while being loaded, and equipment leak 
components that have the potential to leak such as valves, pumps, and 
sampling connections. Table 2 to subpart EEEE of 40 CFR part 63 
contains the criteria for control of storage tanks and transfer racks. 
If a storage tank of a certain threshold capacity stores crude oil or a 
non-crude organic liquid having a threshold sum of partial pressures of 
HAP, then compliance options are either to (1) route emissions through 
a closed vent system to a control device that achieves a 95-percent 
control efficiency or (2) comply with work practice standards of 40 CFR 
part 63, subpart WW (i.e., operate the tank with a compliant internal 
floating roof or a compliant external floating roof), route emissions 
through a closed vent system to a fuel gas system of a process, or 
route emissions through a vapor balancing system that meets 
requirements specified in 40 CFR 63.2346(a)(4). Storage tanks storing 
non-crude organic liquids having a sum of partial pressures of HAP of 
at least 11.1 psia do not have the option to comply using an internal 
or external floating roof tank. Table 2 to subpart EEEE of 40 CFR part 
63 contains the criteria for control of transfer racks, which are based 
on the facility-wide organic liquid loading volume for organic liquids 
having threshold HAP content expressed in percent HAP by weight of the 
organic liquid. For transfer racks required to control HAP emissions, 
the standards are either to (1) route emissions through a closed vent 
system to a control device that achieves 98-percent control efficiency 
or (2) operate a compliant vapor balancing system. Transfer rack 
systems that fill containers of 55 gallons or greater are required to 
comply with specific provisions of 40 CFR part 63, subpart PP or 
operate a vapor balancing system.
    The NESHAP requires leak detection and repair for certain equipment 
components associated with storage tanks and transfer racks subject to 
this subpart and for certain equipment components associated with 
pipelines between such storage tanks and transfer racks. The components 
are specified in the definition of ``Equipment leak components'' at 40 
CFR 63.2406 and include pumps, valves, and sampling connection systems 
in organic liquid service. The owner or operator is required to comply 
with the requirements for pumps, valves, and sampling connections in 40 
CFR part 63, subpart TT (control level 1), subpart UU (control level 
2), or subpart H. This requires the use of EPA Method 21 of appendix A-
7 to 40 CFR part 60 (``EPA Method 21'') to determine the concentration 
of any detected leaks and to repair the component if the measured 
concentration exceeds the definition of a leak within the applicable 
subpart.
    Pressure relief devices (PRDs) on vapor balancing systems are 
required to be monitored quarterly for leaks. An instrument reading of 
500 parts per million (ppm) or greater defines a leak. Leaks must be 
repaired within 5 days.
    The types of organic liquids and emission sources covered by the 
OLD NESHAP are frequently found at many types of facilities that are 
already subject to other NESHAP. If equipment is in OLD service and is 
subject to another 40 CFR part 63 NESHAP, then that equipment is not 
subject to the corresponding requirements in the OLD NESHAP.

C. What changes did we propose for the OLD source category in our 
October 21, 2019, RTR proposal?

    On October 21, 2019, the EPA published a proposed rule in the 
Federal Register for the OLD NESHAP, 40 CFR part 63, subpart EEEE, that 
took into consideration the RTR analyses. We proposed to find that the 
risks from the source category are acceptable, the current standards 
provide an ample margin of safety to protect public health, and more 
stringent standards are not necessary to prevent an adverse 
environmental effect. In the proposed rule, we proposed under CAA 
section 112(d)(6) to amend the requirements for storage tanks and 
equipment leaks and also provided an alternative fenceline monitoring 
program in the OLD source category as follows:
     Revise the average true vapor pressure thresholds of the 
OLD storage tanks for existing sources requiring control to align with 
those of the Petroleum Refineries NESHAP (40 CFR part 63, subpart CC) 
and National Emission Standards for Organic Hazardous Air Pollutants 
from the Synthetic Organic Chemical Manufacturing Industry (``HON,'' 40 
CFR part 63, subpart G) where the thresholds are lower;
     add a requirement for leak detection and repair (LDAR), 
using EPA Method 21 with a 500 ppm leak definition for fittings on 
fixed roof storage tanks (e.g., access hatches) that are not subject to 
the 95 percent by weight control requirements;
     revise the equipment leak requirements to add connectors 
to the monitored equipment component types at a leak definition of 500 
ppm (i.e., requiring connectors to be compliant with either 40 CFR part 
63, subparts UU or H); and
     add an optional implementation of a fenceline monitoring 
program in lieu of the proposed technology review amendments for 
storage tanks and equipment leaks discussed above.
    In the proposed rule, we proposed under CAA section 112(d)(2) and 
(3) to amend the operating and monitoring requirements for flares used 
as air pollution control devices (APCDs) in the OLD source category as 
follows:
     We proposed to add requirements at 40 CFR 63.2380 to 
directly apply the Petroleum Refinery Sector Rule (PRSR) flare 
definitions and requirements in 40 CFR part 63, subpart CC to flares in 
the OLD source category, with certain clarifications and exemptions;
     we proposed to amend requirements that flares used as 
APCDs in the OLD source category operate pilot flame systems 
continuously when organic HAP emissions are routed to the flare. 
Specifically, we proposed to remove the cross-reference to the General 
Provisions and instead cross-reference 40 CFR part 63, subpart CC to 
include in the OLD NESHAP the existing provisions that flares operate 
with a pilot flame at all times and be continuously monitored for a 
pilot flame using a thermocouple or any other equivalent device. We 
also proposed to add a continuous compliance measure that would 
consider each 15-minute block when there is at least 1 minute where no 
pilot flame is present when regulated material is routed to the flare 
as a deviation from the standard;
     we proposed to amend requirements that flares used as 
APCDs in the OLD source category operate with no visible emissions 
(except for periods not to exceed a total of 5 minutes during any 2 
consecutive hours) when organic HAP emissions are routed to the flare. 
Specifically, we proposed to remove the

[[Page 40744]]

cross-reference to the General Provisions and instead cross-reference 
40 CFR part 63, subpart CC to include the limitation on visible 
emissions. We also proposed to clarify that the initial 2-hour visible 
emissions demonstration should be conducted the first time regulated 
materials are routed to the flare. With regard to continuous compliance 
with the visible emissions limitation, we proposed daily visible 
emissions monitoring for whenever regulated material is routed to the 
flare. On days the flare receives regulated material, we proposed that 
owners or operators of flares monitor visible emissions at a minimum of 
once per day using an observation period of 5 minutes and EPA Method 
22. Additionally, whenever regulated material is routed to the flare 
and there are visible emissions from the flare, we proposed that 
another 5-minute visible emissions observation period be performed 
using EPA Method 22, even if the required daily visible emissions 
monitoring has already been performed. If an employee observes visible 
emissions, then the owner or operator of the flare would perform a 5-
minute EPA Method 22 observation to check for compliance upon initial 
observation or notification of such event. In addition, in lieu of 
daily visible emissions observations performed using EPA Method 22, we 
proposed that owners or operators be allowed to use video surveillance 
cameras. We also proposed to extend the observation period for a flare 
to 2 hours whenever visible emissions are observed for greater than 1 
continuous minute during any of the required 5-minute observation 
periods;
     we proposed the consolidation of provisions related to 
flare tip velocity. Specifically, we proposed to remove the cross-
reference to the General Provisions and instead cross-reference 40 CFR 
part 63, subpart CC to consolidate the specification of maximum flare 
tip velocity into the OLD NESHAP as a single equation, irrespective of 
flare type (i.e., steam-assisted, air-assisted, or non-assisted). We 
also proposed not to include the special flare tip velocity equation in 
the General Provisions at 40 CFR 63.11(b)(6)(i)(A) for non-assisted 
flares with hydrogen content greater than 8 percent;
     in lieu of requiring compliance with the operating limits 
for net heating value of the flare vent gas in the General Provisions, 
we proposed to cross-reference 40 CFR part 63, subpart CC to include in 
the OLD NESHAP a single minimum operating limit for the net heating 
value in the combustion zone gas (NHVcz) of 270 British thermal units 
per standard cubic foot during any 15-minute period for steam-assisted, 
air-assisted, and non-assisted flares used as APCDs in the OLD source 
category. We also proposed to allow engineering estimates to 
characterize the amount of gas flared and the amount of assist gas (if 
applicable) introduced into the system. Finally, we proposed that 
owners or operators of flares in the OLD source category that use grab 
sampling and engineering calculations to determine compliance must 
still assess compliance with the NHVcz operating limit on a 15-minute 
block average using the equation at 40 CFR 63.670(m)(1) and cumulative 
volumetric flows of flare vent gas, assist steam, and premix assist 
air; and
     except for the visible emissions operating limits, we 
proposed to use a 15-minute block averaging period for each proposed 
flare operating parameter (i.e., presence of a pilot flame, flare tip 
velocity, and NHVcz) to ensure that the flare is operated within the 
appropriate operating conditions.
    In addition to the amendments proposed for flares used as APCDs, 
the EPA proposed to clarify that PRDs on vapor return lines of a vapor 
balancing system are also subject to the vapor balancing system 
requirements of 40 CFR 63.2346(a)(4)(iv).
    We also proposed to:
     Revise the SSM provisions of the MACT rule in order to 
ensure that they are consistent with the Court decision in Sierra Club 
v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008);
     add the requirement that owners or operators of OLD 
facilities submit electronic copies of required performance test 
reports, performance evaluation reports, compliance reports, NOCS 
reports, and fenceline monitoring reports through the EPA's Central 
Data Exchange (CDX) using the Compliance and Emissions Data Reporting 
Interface (CEDRI);
     add requirements for testing and recordkeeping to confirm 
the annual average true vapor pressure at least every 5 years, or with 
a change of commodity in the tank's contents, whichever occurs first, 
to ensure the tank's applicability and confirm that it should not be 
subject to the 95-percent control requirements of the regulation;
     add requirements that the contents of tanks that are 
claimed to be not subject to the OLD NESHAP because they contain less 
than 5-percent HAP (and, therefore, do not meet the definition of 
``Organic liquids'' within the OLD NESHAP) should be tested every 5 
years, or with a change of commodity in the tank's contents, whichever 
occurs first, to confirm that the tank is not storing ``Organic 
liquids'' and, therefore, is not subject to the rule;
     amend the definition of the term ``Annual average true 
vapor pressure'' at 40 CFR 63.2406 by replacing one of the acceptable 
methods for the determination of vapor pressure. We proposed to replace 
the method, ASTM D2879, ``Standard Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope,'' with the method, ASTM D6378-18a, ``Standard 
Test Method for Determination of Vapor Pressure (VPX) of Petroleum 
Products, Hydrocarbons, and Hydrocarbon-Oxygenate Mixtures (Triple 
Expansion Method).'' Other monitoring method clarifications and 
incorporations by references were also proposed; and
     add a definition of the term ``Condensate'' and to specify 
its regulation in this rule in the same way crude oil is regulated at 
the definition of the term ``Organic liquid'' and at Tables 2 and 2b to 
40 CFR part 63, subpart EEEE.
    In addition to the revisions proposed above, we also proposed 
several editorial clarification and minor corrections to 40 CFR part 
63, subpart EEEE.

III. What is included in this final rule?

    This action finalizes the EPA's determinations pursuant to the RTR 
provisions of CAA section 112 for the OLD source category and amends 
the OLD NESHAP based on those determinations. This action also 
finalizes other changes to the NESHAP, including adding requirements 
and clarifications for periods of SSM and bypasses, revising the 
operating and monitoring requirements for flares used as APCDs; adding 
provisions for electronic reporting of performance test results and 
reports, performance evaluation reports, compliance reports, and NOCS 
reports; and other minor editorial and technical changes. This action 
also reflects several changes to the October 21, 2019, RTR proposal in 
consideration of comments received during the public comment period as 
described in section IV of this preamble.

A. What are the significant changes since proposal?

    This section introduces the significant changes to the OLD NESHAP 
amendments made since proposal being promulgated. These changes are 
discussed in further detail in section IV of this preamble.
     We are not finalizing the proposed requirements for LDAR 
using EPA Method 21 with a 500 ppm leak

[[Page 40745]]

definition for fittings on fixed roof storage tanks (e.g., access 
hatches) that are not subject to the 95 percent by weight control 
requirements in the final rule;
     we are not finalizing the proposal to add connectors to 
the monitored equipment component types at a leak definition of 500 ppm 
(i.e., requiring connectors to be compliant with either 40 CFR part 63, 
subparts UU or H);
     we are not finalizing the option of allowing for a 
fenceline monitoring program in lieu of other requirements;
     we are finalizing standards for storage tank degassing 
emission points during periods of SSM to ensure a CAA section 112 
standard applies ``at all times;'' and
     we are not finalizing the proposed required testing and 
recordkeeping for emission sources not requiring control to confirm the 
annual average true vapor pressure at least every 5 years, or with a 
change of commodity in the tank's contents, whichever occurs first, to 
ensure the tank's applicability and confirm that it should not be 
subject to the 95 percent control requirements of the regulation. 
Further, we are not finalizing, as proposed, a requirement that the 
contents of tanks that are claimed to be not subject to the OLD NESHAP 
because they contain less than 5 percent HAP (and, therefore, do not 
meet the definition of ``Organic liquids'' within the OLD NESHAP) 
should be tested every 5 years, or with a change of commodity in the 
tank's contents, whichever occurs first, to confirm that the tank is 
not storing ``organic liquids'' and, therefore, is not subject to the 
rule.

B. What are the final rule amendments based on the risk review for the 
OLD source category?

    This section introduces the final amendments to the OLD NESHAP 
being promulgated pursuant to CAA section 112(f). The EPA proposed no 
changes to the MACT standards based on the risk review conducted 
pursuant to CAA section 112(f). In this action, we are finalizing our 
proposed determination that risks from this source category are 
acceptable, the standards provide an ample margin of safety to protect 
public health, and that more stringent standards are not necessary to 
prevent an adverse environmental effect. See section 3 of the Summary 
of Public Comments and Responses for the Risk and Technology Review for 
Organic Liquids Distribution (Non-Gasoline), available in the docket 
for this action for comments we received regarding risk review and our 
responses.

C. What are the final rule amendments based on the technology review 
for the OLD source category?

    We determined that there are developments in practices, processes, 
and control technologies that warrant revisions to the MACT standards 
for this source category. Therefore, to satisfy the requirements of CAA 
section 112(d)(6), we are revising the MACT standards to include 
revised average true vapor pressure thresholds of the OLD storage tanks 
for existing sources, requiring control to align with those of the 
Petroleum Refineries NESHAP (40 CFR part 63, subpart CC) and HON (40 
CFR part 63, subpart G) where the thresholds are lower.
    Section IV.B.3 of this preamble provides a summary of key comments 
we received on the technology review and our responses.

D. What are the final rule amendments pursuant to CAA Section 112(d)(2) 
and (3) for the OLD source category?

    The EPA is finalizing the changes proposed pursuant to CAA section 
112(d)(2) and (3). Consistent with the October 21, 2019, RTR proposal, 
we are revising monitoring and operational requirements for flares to 
ensure that OLD facilities that use flares as APCDs meet the MACT 
standards at all times when controlling HAP emissions. In addition, we 
are adding provisions and clarifications for periods of SSM and 
bypasses, including PRD releases, bypass lines on closed vent systems, 
maintenance activities, and certain gaseous streams routed to a fuel 
gas system to ensure that CAA section 112 standards apply continuously, 
consistent with Sierra Club v. EPA 551 F. 3d 1019 (D.C. Cir. 2008). 
Based on comments received on the proposed rulemaking, we are also 
adding a standard for storage tank degassing for storage tanks subject 
to the control requirements in Tables 2 and 2b to 40 CFR part 63, 
subpart EEEE.
    Detailed changes and associated rationale regarding flares and PRDs 
are set forth in the proposed rule. See 84 FR 56302 through 56306, 
October 21, 2019. Section IV.C.3 of this preamble provides a summary of 
key comments we received on the CAA section 112(d)(2) and (3) 
provisions and our responses.

E. What are the final rule amendments addressing emissions during 
periods of SSM?

    We are finalizing the proposed amendments to the OLD NESHAP to 
remove and revise provisions related to SSM. In its 2008 decision in 
Sierra Club v. EPA, 551 F.3d 1019 (D.C. Cir. 2008), the Court vacated 
portions of two provisions in the EPA's CAA section 112 regulations 
governing the emissions of HAP during periods of SSM. Specifically, the 
Court vacated the SSM exemption contained in 40 CFR 63.6(f)(1) and 
(h)(1), holding that under section 302(k) of the CAA, emissions 
standards or limitations must be continuous in nature and that the SSM 
exemption violates the CAA's requirement that some CAA section 112 
standards apply continuously. As detailed in section IV.E.1 of the 
proposal preamble (84 FR 56318, October 21, 2019), the OLD NESHAP 
requires that the standards apply at all times (see 40 CFR 63.2350(a)), 
consistent with the Court decision in Sierra Club v. EPA, 551 F. 3d 
1019 (D.C. Cir. 2008). We determined that facilities in this source 
category can generally meet the applicable OLD NESHAP standards at all 
times, including periods of startup and shutdown. Where appropriate, 
and as discussed in section III.C of this preamble, we are also 
finalizing alternative standards in this preamble for storage tank 
degassing emission points during periods of SSM to ensure a CAA section 
112 standard applies ``at all times.'' Other than the storage tank 
degassing emission point discussed in section III.C of this preamble, 
the EPA determined that no additional standards are needed to address 
emissions during these periods.
    Further, the EPA is not finalizing standards for malfunctions. As 
discussed in the proposal preamble (84 FR 56318, October 21, 2019), the 
EPA interprets CAA section 112 as not requiring emissions that occur 
during periods of malfunction to be factored into development of CAA 
section 112 standards, although the EPA has the discretion to set 
standards for malfunctions where feasible. Refer to section IV.E.1 of 
the proposal preamble (84 FR 56318, October 21, 2019) for further 
discussion of the EPA's rationale for the decision not to set standards 
for malfunctions, as well as a discussion of the actions a source could 
take in the unlikely event that a source fails to comply with the 
applicable CAA section 112(d) standards as a result of a malfunction 
event, given that administrative and judicial procedures for addressing 
exceedances of the standards fully recognize that violations may occur 
despite good faith efforts to comply and can accommodate those 
situations.
    As is explained in more detail below, we are finalizing revisions 
to the General Provisions table to 40 CFR part 63, subpart EEEE, to 
eliminate requirements that include rule language

[[Page 40746]]

providing an exemption for periods of SSM. Additionally, we are 
finalizing our proposal to eliminate language related to SSM that 
treats periods of startup and shutdown the same as periods of 
malfunction, as explained further below. As discussed in the proposal 
preamble, these revisions are consistent with the requirement in 40 CFR 
63.2350(a) that the standards apply at all times.
    Also, based on comments received during the public comment period, 
we are revising the proposed requirements of 40 CFR 63.2378(e) for 
periods of planned routine maintenance of the control device to allow 
tank breathing losses to be consistent with our intent at proposal (see 
84 FR 56323, October 21, 2019), and we are revising 40 CFR 63.2346(l) 
to sufficiently address the SSM exemption provisions from subparts 
referenced by the OLD NESHAP standards (such as 40 CFR part 63, 
subparts SS, TT, and UU) that are no longer applicable. Finally, we are 
extending the compliance date of removing the portion of the 
``deviation'' definition in 40 CFR 63.2406 that addresses SSM periods 
as being applicable to 3 years after publication of the final rule 
instead of 180 days after publication of the final rule in the Federal 
Register to provide a consistent compliance date for all final rule SSM 
provisions due to the addition of the tank degassing requirements 
discussed in section IV.C of this preamble. See section 10.1 of the 
Summary of Public Comments and Responses for the Risk and Technology 
Review for Organic Liquids Distribution (Non-Gasoline), available in 
the docket for this action, for a summary of the significant comments 
we received on the SSM provisions and our responses.

F. What other changes have been made to the NESHAP?

    This rule also finalizes, as proposed, revisions to several other 
NESHAP requirements. To increase the ease and efficiency of data 
submittal and data accessibility, we are finalizing a requirement that 
owners or operators of facilities in the OLD source category submit 
electronic copies of required performance test reports, performance 
evaluation reports, compliance reports, and NOCS reports through the 
EPA's CDX using CEDRI. A description of the electronic data submission 
process is provided in the memorandum, Electronic Reporting 
Requirements for New Source Performance Standards (NSPS) and National 
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, 
available in the docket for this action. The final rule requires that 
performance test results collected using test methods that are 
supported by the EPA's Electronic Reporting Tool (ERT) as listed on the 
ERT website \2\ at the time of the test be submitted in the format 
generated through the use of the ERT and that other performance test 
results be submitted in portable document format (PDF) using the 
attachment module of the ERT. Similarly, performance evaluation results 
of continuous emissions monitoring systems (CEMS) measuring relative 
accuracy test audit pollutants that are supported by the ERT at the 
time of the test must be submitted in the format generated through the 
use of the ERT and other performance evaluation results be submitted in 
PDF using the attachment module of the ERT. The final rule requires 
that NOCS reports be submitted as a PDF upload in CEDRI. For compliance 
reports, the final rule requires that owners or operators use the 
appropriate spreadsheet template to submit information to CEDRI. The 
final version of the template for these reports will be located on the 
CEDRI website.\3\
---------------------------------------------------------------------------

    \2\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
    \3\ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri.
---------------------------------------------------------------------------

    We also are finalizing, as proposed, provisions that allow facility 
operators the ability to seek extensions for submitting electronic 
reports for circumstances beyond the control of the facility, i.e., for 
a possible outage in the CDX or CEDRI or for a force majeure event in 
the time just prior to a report's due date, as well as the process to 
assert such a claim.
    We are finalizing the revision of 40 CFR 63.2354(c) to add ASTM 
D6886-18, ``Standard Test Method for Determination of the Weight 
Percent Individual Volatile Organic Compounds in Waterborne Air-Dry 
Coatings by Gas Chromatography,'' as another acceptable method for the 
determination of HAP content of an organic liquid. We are also 
finalizing the replacement of method ASTM D2879 with method ASTM D6378-
18a as an acceptable method for determination of whether a total vapor 
pressure (and, therefore, the sum total of Table 1 to 40 CFR part 63, 
subpart EEEE HAP) is below the threshold level requiring control for a 
storage tank.
    Finally, we are finalizing all of the revisions that we proposed 
for clarifying text or correcting typographical errors, grammatical 
errors, and cross-reference errors. These editorial corrections and 
clarifications are summarized in 84 FR 56323 through 56324 and Table 9 
of the proposal. Section IV.E.3 of this preamble provides a summary of 
key comments we received on these provisions and our responses.

G. What are the effective and compliance dates of the standards?

    The revisions to the OLD NESHAP standards being promulgated in this 
action are effective on July 7, 2020. From our assessment of the 
timeframe needed for implementing the entirety of the revised 
requirements (see 84 FR 56324 and 56325, October 21, 2019), the EPA 
proposed a period of 3 years to be the most expeditious compliance 
period practicable. No opposing comments were received during the 
public comment period on the length of the compliance period and we are 
finalizing the 3-year period as proposed. Thus, the compliance date of 
the final amendments for all existing affected sources and all new 
affected sources that commence construction or reconstruction on or 
before October 21, 2019, is no later than 3 years after the effective 
date of the final rule. Furthermore, as discussed in sections III.C and 
D of this preamble, we are adding a standard for storage tank degassing 
for storage tanks subject to the control requirements in Tables 2 and 
2b to 40 CFR part 63, subpart EEEE since degassing is considered a SSM 
event for storage tanks. The provisions being finalized are similar to 
the requirements promulgated in the Petroleum Refineries NESHAP. As we 
discovered during the Petroleum Refineries NESHAP rulemaking, the 
challenges faced by affected sources in complying with these 
requirements necessitated additional compliance time from what was 
promulgated, eventually having to move the original compliance date of 
these provisions from February 1, 2016, to August 1, 2018, an 
additional 2 and a half years.\4\ Therefore, the 3-year compliance date 
that was proposed for the OLD NESHAP provides a consistent time 
allowance to OLD sources as was needed for petroleum refineries to 
fully implement the final amendments to this rule. We have also revised 
the effective date of removing the portion of the ``deviation'' 
definition in 40 CFR 63.2406 that addresses SSM periods as being 
applicable 3 years after publication of the final rule in the Federal 
Register to provide a consistent compliance date due to the addition of 
the tank degassing requirements. For all new affected sources that 
commenced construction or reconstruction after October 21, 2019, the 
effective date is

[[Page 40747]]

July 7, 2020, or upon initial startup, whichever is later.
---------------------------------------------------------------------------

    \4\ See https://www.epa.gov/sites/production/files/2018-07/documents/petrefinery_compliance_ext_factsheet.pdf.
---------------------------------------------------------------------------

IV. What is the rationale for our final decisions and amendments for 
the OLD source category?

    For each issue, this section provides a description of what we 
proposed and what we are finalizing for the issue, the EPA's rationale 
for the final decisions and amendments, and a summary of key comments 
and responses. For all comments not discussed in this preamble, comment 
summaries and the EPA's responses can be found in the comment summary 
and response document available in the docket.

A. Residual Risk Review for the OLD Source Category

1. What did we propose pursuant to CAA section 112(f) for the OLD 
source category?
    Pursuant to CAA section 112(f), the EPA conducted a residual risk 
review and presented the results of this review, along with our 
proposed decisions regarding risk acceptability and ample margin of 
safety, in the October 21, 2019, proposed rule for 40 CFR part 63, 
subpart EEEE (84 FR 56288). The results of the risk assessment for the 
proposal are presented briefly below and in more detail in the 
document, Residual Risk Assessment for the Organic Liquids Distribution 
(Non-Gasoline) Source Category in Support of the 2020 Risk and 
Technology Review Final Rule, which is available in the docket for this 
rulemaking.

       Table 2--Organic Liquids Distribution (Non-Gasoline) Inhalation Risk Assessment Results as Proposed
----------------------------------------------------------------------------------------------------------------
                               Maximum
                             individual     Population at    Annual cancer       Maximum      Maximum screening
 Number of facilities \1\    cancer risk   increased risk  incidence (cases      chronic      acute noncancer HQ
                           (in 1 million)  of cancer  >=1-     per year)        noncancer            \4\
                                 \2\        in-1 million                        TOSHI \3\
----------------------------------------------------------------------------------------------------------------
157......................              20         350,000              0.03             0.4  HQREL = 1 (toluene,
                                                                                              formaldehyde, and
                                                                                              chloroform).
----------------------------------------------------------------------------------------------------------------
\1\ Number of facilities evaluated in the risk analysis. This number is less than the 173 existing facilities
  identified in the source category because OLD emission points could not be identified at all facilities. This
  is explained in the Data Quality memorandum. For this category, allowable emissions are assumed to equal
  actual emissions.
\2\ Maximum individual excess lifetime cancer risk due to HAP emissions from the source category.
\3\ Maximum target organ-specific hazard index (TOSHI). The target organ system with the highest TOSHI for the
  source category is respiratory.
\4\ The maximum estimated acute exposure concentration was divided by available short-term threshold values to
  develop an array of hazard quotient (HQ) values. HQ values shown use the lowest available acute threshold
  value, which in most cases is the reference exposure level (REL). When an HQ exceeds 1, we also show the HQ
  using the next lowest available acute dose-response value.

    The results of the proposed inhalation risk assessment, as shown in 
Table 2 of this preamble, indicate the estimated cancer maximum 
individual risk (MIR) is 20-in-1 million, with 1,3-butadiene from 
equipment leaks as the major contributor to the risk. At proposal, the 
total estimated cancer incidence from this source category was 
estimated to be 0.03 excess cancer cases per year, or one excess case 
every 33 years. Approximately 350,000 people were estimated to face an 
increased cancer risk at or above 1-in-1 million due to inhalation 
exposure to actual HAP emissions from this source category. At 
proposal, the estimated maximum chronic noncancer TOSHI from inhalation 
exposure for this source category was 0.4. The screening assessment of 
worst-case inhalation impacts indicated a worst-case maximum acute HQ 
of 1 for toluene, formaldehyde, and chloroform based on the 1-hour REL 
for each pollutant.
    At proposal, potential multipathway human health risks were 
estimated using a three-tier screening assessment of the HAP known to 
be persistent and bio-accumulative in the environment emitted by 
facilities in this source category. The only pollutants with elevated 
Tier 1 and Tier 2 screening values were polycyclic organic matter (POM) 
(cancer). The Tier 2 screening value for POM was 6, which means that we 
were confident that the cancer risk is lower than 6-in-1 million. For 
noncancer, the Tier 2 screening value for both cadmium and mercury was 
less than 1. There were no exceedances of the lead National Ambient Air 
Quality Standards (NAAQS).
    The ecological risk screening assessment indicated all modeled 
points were below the Tier 1 screening thresholds based on actual and 
allowable emissions of arsenic, cadmium, mercury, hydrochloric acid, 
and hydrofluoric acid. For POM emissions, one facility did have a Tier 
1 exceedance for a sediment community no-effect level by a maximum 
screening value of 6. There were no exceedances of the secondary lead 
NAAQS.
    The EPA considered all health risk factors, including those shown 
in Table 2 of this preamble, in our risk acceptability determination 
and proposed that the risks posed by the OLD source category are 
acceptable (section IV.C.1 of proposal preamble, 84 FR 56309, October 
21, 2019).
    We then considered whether the existing MACT standards provide an 
ample margin of safety to protect public health and whether, taking 
into consideration costs, energy, safety, and other relevant factors, 
standards are required to prevent an adverse environmental effect. In 
considering whether the standards are required to provide an ample 
margin of safety to protect public health, we used the same risk 
factors that we considered for our acceptability determination and also 
considered the costs, technological feasibility, and other relevant 
factors related to emissions control options that might reduce risk 
associated with emissions from the source category. We proposed that 
additional emissions controls for the OLD source category are not 
necessary to provide an ample margin of safety to protect public health 
(section IV.C.2 of proposal preamble, 84 FR 56310, October 21, 2019).
    At proposal, we also evaluated the risk from whole facility 
emissions in order to put the risks from the source category in 
context. The maximum lifetime individual cancer risk based on whole 
facility emissions was estimated to be 2,000-in-1 million at proposal, 
with ethylene oxide from a non-category source driving the risk. At 
proposal, the maximum chronic noncancer hazard index based on whole 
facility emissions was estimated to be 10 (for the kidney) driven by 
emissions of trichloroethylene from equipment leaks in the solvent 
recovery operations at a plastic parts manufacturing facility, which 
are non-category sources.
2. How did the risk review change for the OLD source category?
    We have not changed any aspect of the risk assessment since the 
October 21, 2019 RTR proposal (84 FR 56288) for the OLD source 
category.\5\
---------------------------------------------------------------------------

    \5\ We note that, due to comments, there are four fewer existing 
OLD affected sources now than at proposal (i.e., four sources we 
identified as subject to the OLD NESHAP are not in fact subject to 
that rule). However, this change does not warrant an update to this 
analysis since proposal and has, therefore, not been updated.

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

[[Page 40748]]

3. What key comments did we receive on the risk review, and what are 
our responses?
    We received comments in support of and against the proposed 
residual risk review and our determination that no revisions were 
necessary under CAA section 112(f)(2) for the OLD source category. 
Generally, the comments that were not supportive of the determination 
from the risk reviews suggested changes to the underlying risk 
assessment methodology. For example, some commenters stated that the 
EPA should lower the acceptability benchmark so that risks below 100-
in-1 million are unacceptable, include emissions outside of the source 
categories in question in the risk assessment and assume that HAP 
without dose-response values should be included in the risk assessment. 
After review of all the comments received, we determined that no 
changes were necessary. The comments and our specific responses can be 
found in the document, Summary of Public Comments and Responses for the 
Risk and Technology Review for Organic Liquids Distribution (Non-
Gasoline), available in the docket for this action.
4. What is the rationale for our final approach and final decisions for 
the risk review?
    As noted in our proposal, the EPA sets standards under CAA section 
112(f)(2) using ``a two-step standard-setting approach, with an 
analytical first step to determine an `acceptable risk' that considers 
all health information, including risk estimation uncertainty, and 
includes a presumptive limit on MIR of approximately 1-in-10 thousand'' 
(see 54 FR 38045, September 14, 1989). We weigh all health risk factors 
in our risk acceptability determination, including the cancer MIR, 
cancer incidence, the maximum cancer TOSHI, the maximum acute noncancer 
HQ, the extent of noncancer risks, the distribution of cancer and 
noncancer risks in the exposed population, and the risk estimation 
uncertainties.
    Since proposal, neither the risk assessment nor our determinations 
regarding risk acceptability, ample margin of safety, or adverse 
environmental effects have changed. For the reasons explained in the 
proposed rule, we determined that the risks from the OLD source 
category are acceptable, the current standards provide an ample margin 
of safety to protect public health, and more stringent standards are 
not necessary to prevent an adverse environmental effect. Therefore, we 
are not making any revisions to the existing standards under CAA 
section 112(f)(2).

B. Technology Review for the OLD Source Category

1. What did we propose pursuant to CAA section 112(d)(6) for the OLD 
source category?
    We proposed, as part of our technology review for storage tanks, 
the following emission reduction options: (1) Revising the average true 
vapor pressure thresholds of the OLD storage tanks for existing sources 
requiring control to align with those of the Petroleum Refineries 
NESHAP (40 CFR part 63, subpart CC) and HON (40 CFR part 63, subpart G) 
where the thresholds are lower; and (2) in addition to requirements 
specified in option 1, requiring LDAR using EPA Method 21 with a 500 
ppm leak definition for fittings on fixed roof storage tanks (e.g., 
access hatches) that are not subject to the 95 percent by weight 
control requirements.
    We proposed option 1 (lower average vapor pressure thresholds for 
control) as a development in practices, processes, and control 
technologies for storage tanks because it reflects requirements and 
applicability thresholds that are widely applicable to existing tanks 
that are often collocated with OLD sources and that have been found to 
be cost effective for organic liquid storage tanks. We did not propose 
revisions to the OLD NESHAP applicability thresholds for new sources, 
as they were already more stringent than other similar rules. Table 3 
of this preamble lists the proposed capacity and average true vapor 
pressure thresholds for control. As shown in Table 3 of this preamble, 
we also proposed to clarify that condensate and crude oil are 
considered to be the same material with respect to OLD applicability 
(see section IV.E.3 of the October 21, 2019, proposal (84 FR 56288) for 
more details on this clarification).

   Table 3--NESHAP Storage Tank Capacity and Annual Average True Vapor
     Pressure Thresholds for Control Under Proposed Control Option 1
------------------------------------------------------------------------
                                          Tank contents and average true
                                         vapor pressure of total Table 1
 Existing/new source and tank capacity   to  subpart EEEE of 40 CFR part
                                                  63 organic HAP
------------------------------------------------------------------------
Existing affected source with a          Not crude oil or condensate and
 capacity >=18.9 cubic meters (5,000      if the annual average true
 gallons) and <75.7 cubic meters          vapor pressure of the stored
 (20,000 gallons).                        organic liquid is >=27.6
                                          kilopascals (4.0 psia) and
                                          <76.6 kilopascals (11.1 psia).
                                         The stored organic liquid is
                                          crude oil or condensate.
Existing affected source with a          Not crude oil or condensate and
 capacity >=75.7 cubic meters (20,000     if the annual average true
 gallons) and <151.4 cubic meters         vapor pressure of the stored
 (40,000 gallons).                        organic liquid is >=13.1
                                          kilopascals (1.9 psia) and
                                          <76.6 kilopascals (11.1 psia).
                                         The stored organic liquid is
                                          crude oil or condensate.
Existing affected source with a          Not crude oil or condensate and
 capacity >=151.4 cubic meters (40,000    if the annual average true
 gallons) and <189.3 cubic meters         vapor pressure of the stored
 (50,000 gallons).                        organic liquid is >=5.2
                                          kilopascals (0.75 psia) and
                                          <76.6 kilopascals (11.1 psia).
                                         The stored organic liquid is
                                          crude oil or condensate.
Existing affected source with a          Not crude oil or condensate and
 capacity >=189.3 cubic meters (50,000    if the annual average true
 gallons).                                vapor pressure of the stored
                                          organic liquid is <76.6
                                          kilopascals (11.1 psia).
                                         The stored organic liquid is
                                          crude oil or condensate.
Reconstructed or new affected source     Not crude oil and if the annual
 with a capacity >=18.9 cubic meters      average true vapor pressure of
 (5,000 gallons) and <37.9 cubic meters   the stored organic liquid is
 (10,000 gallons).                        >=27.6 kilopascals (4.0 psia)
                                          and <76.6 kilopascals (11.1
                                          psia).
                                         The stored organic liquid is
                                          crude oil or condensate.

[[Page 40749]]

 
Reconstructed or new affected source     Not crude oil and if the annual
 with a capacity >=37.9 cubic meters      average true vapor pressure of
 (10,000 gallons) and <189.3 cubic        the stored organic liquid is
 meters (50,000 gallons).                 >=0.7 kilopascals (0.1 psia)
                                          and <76.6 kilopascals (11.1
                                          psia).
                                         The stored organic liquid is
                                          crude oil or condensate.
Reconstructed or new affected source     Not crude oil and if the annual
 with a capacity >=189.3 cubic meters     average true vapor pressure of
 (50,000 gallons).                        the stored organic liquid is
                                          <76.6 kilopascals (11.1 psia).
                                         The stored organic liquid is
                                          crude oil or condensate
Existing, reconstructed, or new          Not crude oil or condensate and
 affected source meeting any of the       if the annual average true
 capacity criteria specified above.       vapor pressure of the stored
                                          organic liquid is >=76.6
                                          kilopascals (11.1 psia).
------------------------------------------------------------------------

    We further proposed option 2 (LDAR) as an improvement in practices 
for storage tanks because these monitoring methods have been required 
by other regulatory agencies since promulgation of the OLD NESHAP to 
confirm the vapor tightness of tank seals and gaskets to ensure 
compliance with the standards. As we noted at proposal, we have 
observed leaks on roof deck fittings through monitoring with EPA Method 
21 that could not be found with visual observation techniques (see 84 
FR 56311, October 21, 2019).
    Proposed option 2 applied to any fixed roof storage tank that is 
part of an OLD affected source that is not subject to the 95 percent by 
weight and equivalent controls according to the proposed thresholds 
above. The proposed requirements of option 2 applied to new and 
existing sources for storage tanks having a capacity of 3.8 cubic 
meters (1,000 gallons) or greater that store organic liquids with an 
annual average true vapor pressure of 10.3 kilopascals (1.5 psia) or 
greater.
    Based on our review of the costs and emission reductions for each 
of the storage tank options, we proposed that control options 1 and 2 
were cost-effective strategies for further reducing emissions from 
storage tanks at OLD facilities and proposed to revise the OLD NESHAP 
requirements for storage tanks pursuant to CAA section 112(d)(6). Other 
storage tank control options beyond these two, including installation 
of geodesic domes on external floating roof tanks, were considered 
during our technology review but were not found to be generally cost 
effective were not proposed. Details on the assumptions and 
methodologies for all options evaluated at proposal are provided in the 
memorandum, Clean Air Act Section 112(d)(6) Technology Review for 
Storage Tanks Located in the Organic Liquids Distribution Source 
Category, available in the docket to this action.
    At proposal, our technology review for equipment leaks identified 
two potential developments in LDAR practices and processes: (1) Adding 
connectors to the monitored equipment component types at a leak 
definition of 500 ppm (i.e., requiring connectors to be compliant with 
either 40 CFR part 63, subparts UU or H); and (2) eliminating the 
option of 40 CFR part 63, subpart TT for valves, pumps, and sampling 
connection systems, essentially requiring compliance with 40 CFR part 
63, subpart UU or H. These two practices and processes were already in 
effect at sources that are often collocated with OLD NESHAP sources, 
such as in the National Emission Standards for Organic Hazardous Air 
Pollutants for Equipment Leaks (40 CFR part 63, subpart H). Further, we 
found that several OLD sources were permitted using various state LDAR 
regulations that incorporate equipment leak provisions at the 40 CFR 
part 63, subpart UU requirement level or above and that also require 
connector monitoring as part of the facility's air permit requirements.
    For equipment leaks control option 1, we considered that the 
baseline was that connectors were not controlled using a LDAR program, 
since the current OLD NESHAP does not include them as equipment to be 
monitored. For equipment leaks control option 2, we considered lowering 
the leak definitions for valves and pumps to account for the 
differences in 40 CFR part 63, subpart UU from the requirements of 40 
CFR part 63, subpart TT. That is, valves in light liquid service would 
drop from a leak definition of 10,000 parts per million by volume 
(ppmv) to 500 ppmv, and pumps would drop from 10,000 ppmv to 1,000 
ppmv.
    Based on our review of the costs and emission reductions for each 
of the equipment leak options, we proposed that control option 1 was a 
cost-effective strategy for further reducing emissions from equipment 
leaks at OLD facilities, especially when evaluated based on the 
expected reductions attributed to the emission inventory for fugitive 
HAP emissions, and we determined that option 2 was not cost effective 
for this source category. We proposed, pursuant to CAA section 
112(d)(6), revising the OLD NESHAP for equipment leaks to reflect 
option 1. Details on the assumptions and methodologies for all options 
that were evaluated at proposal are provided in the memorandum, Clean 
Air Act Section 112(d)(6) Technology Review for Equipment Leaks Located 
in the Organic Liquids Distribution Source Category, available in the 
docket to this action.
    As part of the technology review, we also considered options to 
reduce emissions from transfer racks. We evaluated the thresholds for 
control in the current rule against the 2012 proposed uniform standards 
for storage tanks and transfer operations (see Docket ID No. EPA-HQ-
2010-0871) and found that the current thresholds for controls are 
equivalent to or more stringent than those proposed in 2012. We also 
considered an option that would apply 98 percent control requirements 
for transfer racks to large throughput transfer racks transferring 
organic liquid materials that are 5 percent or less by weight HAP. 
Considering the costs of control and the HAP emissions for these racks, 
this option was not found to be cost effective. Therefore, we did not 
propose any changes to the emission standard for transfer racks. For 
more information, see the Clean Air Act Section 112(d)(6) Technology 
Review for Transfer Racks Located in the Organic Liquids Distribution 
Source Category memorandum in the docket for this action.
    Also, as part of the technology review, we evaluated developments 
in processes, practices, and control technologies for measuring and

[[Page 40750]]

controlling fugitive emissions from individual emission points at OLD 
sources. We proposed a fenceline monitoring program, available to 
existing and new OLD facilities, in lieu of implementing the proposed 
technology review requirements discussed above for storage tanks and 
equipment leaks. Provisions of the proposed fenceline monitoring 
program compliance alternative were described in detail in section 
IV.D.4 of the proposal preamble (see 84 FR 56313 through 56318, October 
21, 2019).
    The EPA proposed this option for fenceline monitoring for several 
reasons: (1) There was concern that because of the uncertainty 
surrounding estimated fugitive emissions from OLD operations, sources 
may be underestimating actual fugitive emissions from OLD operations; 
(2) the proposed fenceline monitoring program would provide owners or 
operators a flexible alternative to appropriately manage fugitive 
emissions of HAP from OLD operations if they were significantly greater 
than estimated values; and (3) the proposed frequency of monitoring 
time-integrated samples on a 2-week basis would provide an opportunity 
for owners or operators to detect and manage any spikes in fugitive 
emissions sooner than they might have been detected from equipment 
subject to annual or quarterly monitoring in the proposed amendments or 
from equipment that was not subject to equipment leak monitoring in the 
proposed rule.
    The EPA proposed the fenceline monitoring alternative and 
considered it to be equivalent to the proposed technology review 
revisions it would replace. Therefore, we proposed the fenceline 
monitoring alternative under CAA section 112(d)(6) as an alternative 
equivalent requirement to address fugitive emissions from OLD sources.
2. How did the technology review change for the OLD source category?
    After consideration of comments and reevaluation of our analyses at 
proposal, we are not finalizing the following: Requiring LDAR using EPA 
Method 21 with a 500 ppm leak definition for fittings on fixed roof 
storage tanks (e.g., access hatches) that are not subject to the 95 
percent by weight control requirements in the final rule; adding 
connectors to the monitored equipment component types at a leak 
definition of 500 ppm (i.e., requiring connectors to be compliant with 
either 40 CFR part 63, subparts UU or H); or allowing the option for a 
fenceline monitoring program. Summaries of comments on these proposed 
provisions and our responses are provided below in section IV.B.3 of 
this preamble.
3. What key comments did we receive on the technology review, and what 
are our responses?
    Comment: Multiple commenters opposed the proposed LDAR requirements 
for storage tanks that are not required to have emissions controls and 
are not currently subject to equipment standards that require they be 
enclosed and leak tight. Several commenters asserted that the EPA's 
estimated emission reductions for the proposed storage tank leak 
detection monitoring requirements overestimate emission reductions that 
may be attributed to these requirements. Many commenters observed that 
the EPA's estimated volatile organic compound (VOC) reduction of 1.1 
tpy includes emissions from the conservation vent, emergency pressure 
relief vent, and other valves/instruments that were estimated using 
equipment leak emission factors from the synthetic organic chemical 
manufacturing industry (SOCMI) from the EPA's Protocol for Equipment 
Leak Emission Estimates. The commenters stated that the SOCMI emission 
factors were developed for process equipment containing material at 
pressures several times greater than an atmospheric storage tank, 
making their application to such tanks invalid. Commenters also stated 
that the costs for the proposed tank leak detection monitoring 
requirements are underestimated. These commenters argued that the EPA 
did not consider operational and safety issues that these requirements 
present. Several commenters noted that the language effectively 
requires a technician to climb up to the roof of a tank and check the 
entire surface, stressing that these small tanks were not built with 
the intention of regular roof inspections and do not have the same 
structural integrity as tanks that were designed with the intention of 
applying emission controls. One commenter generally supported the 
proposed revisions related to storage tanks to incorporate developments 
that the EPA has deemed cost effective and advocated that the EPA 
require further revisions to satisfy 42 U.S.C. 7412(d)(6).
    Response: We have reviewed commenters' concerns and reevaluated the 
analyses for developing the proposed fixed roof tank LDAR requirements 
and agree that the emission reduction estimates serving as the basis 
for the proposed LDAR requirements were likely inaccurate for the 
smaller volume tanks and provide an overestimate of emission reductions 
for this control option. Coupled with concerns about additional costs 
that may be incurred to address safety and operational concerns, the 
EPA has determined that the proposed LDAR for fixed roof tanks not 
requiring control does not appear to be a cost-effective control option 
for this source category. Without appropriate data to better assess the 
emissions reductions and costs of this option, and given the fact that 
uncontrolled fixed roof tanks are allowed to breathe and would not 
necessarily be vapor-tight, we now recognize that the proposed 
requirements could potentially trigger leak protocols that we did not 
intend when we proposed the change. Therefore, we are not finalizing 
the proposed requirements that require LDAR for tanks that are 
currently beneath the volumetric and vapor pressure thresholds for 
controlling emissions under the OLD standards.
    Comment: Several commenters contended that the EPA cost-
effectiveness analysis for connectors was flawed, and based on the 
EPA's backup document, connector monitoring is not cost effective for 
OLD facilities and should not be finalized. The commenters stated that 
the backup document for the EPA's equipment leak analysis does not 
support the preamble conclusions. One commenter contended that the EPA 
overestimated the emission reductions achievable from connector 
monitoring by applying emissions from all equipment leaks to connectors 
and, thus, overestimating the emission reductions achievable. The 
commenter also alleged an error in the modeling file for one facility 
that accounted for half of the equipment leak emissions yet submitted a 
correction that stated there is no OLD-affected equipment at the 
facility. Commenters also claimed the EPA underestimated the compliance 
costs for connector monitoring. One commenter stated that the EPA's 
cost estimates failed to take into account that connectors at OLD 
sources tend to be more difficult to access than at refineries or other 
sources. The commenter further stated that for OLD facilities, for a 
high percentage of connectors, equipment such as a wheeled scissor-lift 
or hydraulic scaffold is required for monitoring access as well as a 
second technician for safety reasons; and additional time is required 
to move the equipment. Some commenters asserted that the EPA also 
underestimated costs by underestimating the monitoring frequency 
allowed under 40 CFR part 63, subpart UU, stating that the frequency 
should be every 4 years instead of 8 years that were used in the

[[Page 40751]]

cost estimates. One commenter further contended that the EPA 
underestimated the administrative costs (e.g., training and reporting 
costs) for the program by incorrectly assuming no additional 
administrative costs for OLD facilities that are collocated with 
processes that already have an LDAR regulatory program. A couple of 
commenters also added that the industry finds and repairs leaks based 
on sensory methods, so requiring EPA Method 21 may not result in the 
level of emissions reductions that the EPA estimates.
    Response: We revised our cost and emission reduction estimates and 
are not finalizing connector monitoring because we no longer find it to 
be as cost effective for this source category as originally determined. 
We reviewed commenters' concerns and reevaluated the analyses of 
emission reductions and cost for connector LDAR requirements and agree 
that the estimates of emission reductions that were not based on the 
model plant analysis that served as the basis for this proposed 
requirement were likely inaccurate and underestimated the cost per ton 
removed for this control option. Using the model plant emission 
reductions and costs (see EPA-HQ-OAR-2018-0074-0015), as well as 
updating measurement frequency, we estimate a cost effectiveness of 
$10,063/ton HAP. Coupled with unquantified additional costs that may be 
incurred to address safety concerns specific to OLD facilities, the EPA 
has determined that connector monitoring is not a cost-effective option 
for OLD sources. This determination also considers additional 
uncertainty, such as with the HAP content of the liquid. As a result, 
we are not finalizing the proposed requirements that require LDAR for 
connectors.
    Comment: No commenters supported the fenceline provisions as 
proposed. Two commenters advocated that the fenceline monitoring option 
not be adopted in the rule. These commenters stated that because public 
health risks are not reduced due to the proposed enhancements to the 
control requirements for storage tanks and equipment leaks, the 
fenceline monitoring measures are unnecessary. The commenters also 
objected to the EPA's characterization of the fenceline monitoring 
program being an alternative standard since, as the commenters argued, 
the analytes and action levels are set based on the proposed, more 
stringent, control requirements and, therefore, facilities would have 
to install the proposed new controls anyway. These commenters also 
advocated that a refinery with collocated OLD sources should be allowed 
to incorporate OLD sources into their Petroleum Refineries NESHAP (40 
CFR part 63, subpart CC) fenceline program, because the benzene 
fenceline monitoring is also appropriate for collocated OLD sources. 
These commenters also objected to many of the provisions for 
implementing the monitoring, including that the compliance timeline for 
commencing fenceline monitoring could be difficult to meet, that the 
timeline for approving and monitoring new analytes is too short, that 
OLD sources should be able to use analyte uptake rates that are 
published by national and international scientific organizations rather 
than going through EPA validation methods, that the action level 
determination be revised from 5 times the method detection limit (MDL) 
to 3 times the MDL to be consistent with previous EPA actions, that the 
EPA's modeling guidance for OLD sources contains some inconsistencies 
with the Human Exposure Model (HEM-3) User's Guide, and that a 45-day 
timeline for corrective action is too short in some cases.
    From an alternate perspective, a public health advocate stated that 
fenceline monitoring should be required in addition to the proposed new 
emission control requirements for storage tanks and equipment leaks. 
The commenter stated that because fenceline monitors are a 
technological development that can reduce emissions, then the CAA 
requires that both the enhanced emission controls and fenceline 
monitoring requirements must be adopted. The commenter also advocated 
for the EPA to require real-time monitoring, like Fourier transform 
infrared spectroscopy, which has been demonstrated to be technically 
feasible and has been implemented in the South Coast Air Quality 
Management District's Rule 1180.
    Response: We are not finalizing the fenceline monitoring 
alternative. The fenceline monitoring alternative was proposed as an 
optional control requirement to complying with the proposed control 
requirements for storage tanks and equipment leaks that we are not 
finalizing as explained above. Without the final requirements for which 
fenceline monitoring was an alternative compliance approach, fenceline 
monitoring is no longer necessary.
4. What is the rationale for our final approach for the technology 
review?
    Based on our review and consideration of information provided in 
comments, the proposed requirement for revising the average true vapor 
pressure thresholds of the OLD storage tanks for existing sources 
requiring control to align with those of the Petroleum Refineries 
NESHAP (40 CFR part 63, subpart CC) and HON (40 CFR part 63, subpart G) 
where the thresholds are lower is generally acknowledged to be cost 
effective. However, the other proposed technology review requirements 
of fixed roof tank LDAR and adding connectors to the LDAR program at 
OLD sources have been reevaluated in light of commenters' concerns and 
have not been found to be cost-effective options for the OLD source 
category at this time. Since the pool of emission reduction 
requirements is smaller in the final rule than proposed, we find it 
highly unlikely that OLD sources would have opted to utilize the 
proposed fenceline monitoring program. Therefore, we are also not 
finalizing the fenceline monitoring alternative in the final rule.

C. Amendments Pursuant to CAA Sections 112(d)(2) and (3) for the OLD 
Source Category

1. What did we propose pursuant to CAA sections 112(d)(2) and (3) for 
the OLD source category?
    Under CAA section 112(d)(2) and (3), we proposed to amend the 
operating and monitoring requirements for flares used as APCDs in the 
OLD source category to ensure that OLD facilities that use flares as 
APCDs meet the MACT standards at all times when controlling HAP 
emissions. We proposed at 40 CFR 63.2380 to directly apply the 
petroleum refinery flare rule requirements in 40 CFR part 63, subpart 
CC to flares in the OLD source category with certain clarifications and 
exemptions. We proposed to retain the General Provisions requirements 
of 40 CFR 63.11(b) that flares used as APCDs in the OLD source category 
operate pilot flame systems continuously and that flares operate with 
no visible emissions (except for periods not to exceed a total of 5 
minutes during any 2 consecutive hours) when organic HAP emissions are 
routed to the flare. We also proposed to consolidate measures related 
to flare tip velocity and new operational and monitoring requirements 
related to the combustion zone gas. We proposed to eliminate the cross-
references to the General Provisions and instead cross-reference 40 CFR 
part 63, subpart CC.
    The EPA also proposed to clarify that PRDs on vapor return lines of 
a vapor balancing system are also subject to the vapor balancing system 
requirements of 40 CFR 63.2346(a)(4)(iv). We requested comment on 
several issues related to PRDs, including whether work practices should 
be adopted for PRDs that are not

[[Page 40752]]

part of a vapor balancing system, whether work practices similar to 
those promulgated for petroleum refineries in 40 CFR part 63, subpart 
CC are necessary and appropriate for OLD operations, information on the 
nature of non-vapor balancing system PRDs, and whether monitoring 
devices should be required to be installed and operated to ensure 
continuous compliance with the standard at 40 CFR 63.2346(a)(4)(iv) 
that no PRD shall open during loading or as a result of diurnal 
temperature changes.
    More information regarding our proposal to address CAA sections 
112(d)(2) and (3) can be found in the proposed rule (84 FR 56302, 
October 21, 2019). Further details regarding comments received and the 
EPA's responses are discussed below.
2. How did the revisions pursuant to CAA sections 112(d)(2) and (3) 
change since proposal?
    We are finalizing some clarifying edits to the overlap provisions 
of 40 CFR 63, subpart EEEE to address commenter concerns with overlap 
for flare provisions in the OLD source category with other regulations. 
Further, commenters noted some clarifying edits to the simplified 
requirements allowed in 40 CFR 63.670(j). We have revised the proposed 
requirements to address these concerns, which are discussed in section 
8.0 of the Summary of Public Comments and Responses for Risk and 
Technology Review for Organic Liquids Distribution (Non-Gasoline), 
available in the docket for this action.
    We received comments that owners or operators have historically 
considered degassing emissions from shutdown of storage tanks to be 
covered by their SSM plans per the definition of ``Shutdown'' included 
at 40 CFR 63.2406 and that there are several OLD affected sources that 
are subject to standards for tank degassing in their air permits. We 
assessed the MACT floor level of control and, as a result, are adding a 
standard for storage tank degassing for storage tanks subject to the 
control requirements in Tables 2 and 2b to 40 CFR part 63, subpart 
EEEE.
    We are also finalizing the PRD provisions as proposed. Comments on 
the PRD provisions and our responses are discussed in section 9.0 of 
the Summary of Public Comments and Responses for Risk and Technology 
Review for Organic Liquids Distribution (Non-Gasoline), available in 
the docket for this action.
3. What key comments did we receive on the proposal revisions pursuant 
to CAA sections 112(d)(2) and (3), and what are our responses?
    Comment: Commenters stated that the proposal to eliminate the SSM 
provisions makes it unclear as to what the OLD NESHAP compliance 
obligations are related to fixed roof tank degassing. The commenters 
added that because tank degassing is included in the shutdown 
definition, facilities have historically considered fixed roof tank 
degassing activities to be covered by their SSM plan, which includes 
procedures for minimizing emissions during shutdown activities. The 
commenters stated that the EPA is proposing to remove the requirement 
to implement and follow an SSM plan and adding a new general duty 
clause at 40 CFR 63.2350(d) that would require facilities to operate 
and maintain any affected source, including air pollution control 
device and monitoring equipment, at all times to minimize emissions. 
Commenters further asserted that at some point it is no longer 
reasonable or even technically feasible to continue to try to control 
the dilute vapors using the normal control device or by routing to a 
fuel gas system or to a process. The commenters noted that some 
facilities are subject to standards for fixed roof tank degassing in 
their permits. The commenters supported the Texas requirements for 
fixed roof tank degassing to represent what the average of the best 
performers are doing to minimize emissions from fixed roof tank 
degassing. The commenters concluded that these requirements state that 
fixed roof storage tanks otherwise required to be controlled must be 
degassed to a control device or controlled recovery system until the 
VOC concentration is less than 10,000 ppmv or 10 percent of the lower 
explosive level (LEL). One commenter also requested that the EPA 
clarify that once the atmospheric release criterion is met, vapors may 
also be released after tank entry. The commenter stated that for many 
tanks, there are sludges in the bottom of the tank or on the walls that 
may release some hydrocarbon vapors as they are shoveled or 
hydroblasted off the tank floor and/or walls.
    Response: We agree that a standard is reasonable for tank degassing 
and have included it in the final rule. With the removal of SSM 
requirements, a standard specific to storage tank degassing did not 
exist. We agree with the commenters that storage tank degassing is 
similar to maintenance vents (e.g., equipment openings) found in other 
rules, and that there must be a point in time when the storage tank can 
be opened and any emissions vented to the atmosphere. As such, we 
reviewed available data to determine how the best performers are 
controlling storage tank degassing emissions.
    We, and commenters, are aware of three state or air quality 
management district provisions regarding storage tank degassing, two in 
the state of Texas and the third for the South Coast Air Quality 
Management District (SCAQMD) in California. Texas has degassing 
provisions in the Texas Administrative Code (TAC) (30 TAC Chapter 115, 
Subchapter F, Division 3) and through permit conditions (as noted by 
commenters), and SCAQMD has provisions in Rule 1149. The TAC 
requirements are the least stringent (35,000 ppmv as methane or 50 
percent of the LEL), and the Texas permit conditions (10,000 ppmv or 
10-percent LEL) and SCAQMD Rule 1149 (5,000 ppmv as methane) are 
equivalent. The Texas permit conditions and SCAQMD Rule 1149 are 
considered equivalent because 5,000 ppmv as methane equals 10 percent 
of the LEL for methane. OLD facilities located in Texas are subject to 
the permit conditions, and 3 OLD facilities are subject to the SCAQMD 
rule. Of the 173 currently operating (i.e., existing) OLD facilities, 
44 are in Texas. The Texas and California requirements are the most 
stringent we are aware of and; therefore, we conclude that those 
requirements reflect what the best performers in the OLD source 
category have implemented for storage tank degassing. Commenters also 
confirm this conclusion.
    We reviewed the Texas permit conditions for key information that 
could be implemented into the form of a standard for storage tank 
degassing. The conditions require control of degassing emissions until 
the VOC concentration of the vapor is less than 10,000 ppmv or 10 
percent of the LEL. We have used the 10 percent of the LEL in similar 
requirements in the Petroleum Refineries NESHAP (see 40 CFR 63.643(c) 
for example) and have, therefore, finalized these 10-percent LEL 
requirements for tanks requiring control at 40 CFR 63.2346(a)(6).
    We calculated the impacts due to controlling storage tank degassing 
emissions by evaluating the population of estimated storage tanks 
subject to control according to the requirements in Tables 2 and 2b of 
40 CFR part 63, subpart EEEE that are not located in Texas or in 
SCAQMD. Storage tanks in the OLD source category in Texas and SCAQMD 
would already be subject to the degassing requirements being finalized, 
and there would not be

[[Page 40753]]

additional costs or emissions reductions for these facilities. Based on 
commenter statements, tanks are degassed for inspection typically every 
10 years. Based on this average and the population of storage tanks 
that are not in Texas or in SCAQMD, we estimate 89 storage tank 
degassing events would be subject to control each year. Controlling 
storage tank degassing would reduce HAP emissions by 74 tpy, with a 
total national annual cost of $418,656. See the technical memorandum 
titled Tank Degassing Analysis for the Organic Liquids Distribution 
(Non-Gasoline) Source Category Final Rule, which is available in Docket 
ID No. EPA-HQ-OAR-2018-0074 for details on the assumptions and 
methodologies used in this analysis.
    We considered whether there are technically feasible options more 
stringent than the MACT floor requirements but are not aware of storage 
tank degassing provisions beyond those discussed above for Texas and 
SCAQMD. Therefore, no options more stringent than the MACT floor were 
evaluated. We also confirm that once the 10-percent LEL criterion is 
met, tank vapors may be vented to the atmosphere even after tank entry.
    Comment: Several commenters contended that the assumptions the EPA 
used in developing the flare control cost and emission reduction 
estimates are not realistic. The commenters indicated that several of 
the EPA's assumptions laid out in the proposal preamble are incorrect 
for most OLD NESHAP flares. The commenters argued that the EPA's basis 
for the flare cost estimates is that OLD NESHAP operations are steady 
enough that compositions and flow rates do not change, so continuous 
instrumentation is not needed for compliance (except for continuous 
temperature and pressure monitoring), and that composition sampling and 
engineering estimates are sufficient. The commenters insisted this 
basis is incorrect. One commenter made the following points:
     Although some organic liquids have relatively constant 
composition as the EPA states, most OLD NESHAP flares will be receiving 
vapors from multiple OLD sources simultaneously, including tank vapors, 
loading vapors and likely small amounts from equipment leak vapors. The 
commenter asserted that in order to estimate the composition of the 
flare waste gas and the net heating value of the flare vent gas 
(NHVvg), facilities would need accurate flow information on each stream 
and composition information for those streams that have variable 
compositions;
     transfer operations generate vapors from tank cars, 
trucks, or containers loading (unloading emissions show up as tank 
emissions and barge and ship loading are not regulated by the OLD 
NESHAP though these may be routed to the same flare as OLD regulated 
emissions). The commenter noted the composition of those vapors will 
vary if the tank car, truck, or container is filled with vapors of 
another type (e.g., air, nitrogen, other organics);
     storage tank emission rates vary significantly as a 
function of stored liquid temperature and changes in tank levels. The 
commenter pointed out that if the tank level is increasing due to 
material entering the tank, the emission rate will be much higher than 
the rate due to temperature changes; if the stored material temperature 
or level is dropping, air or inert gas will be drawn into the tank;
     loading emission rates vary as the backpressure varies as 
the receiving volume fills with liquid and/or the backpressure from the 
vapor collection system changes;
     the commenter urged that reasonably good flow measurements 
for each of these flows would be needed to estimate the total waste gas 
flow to an OLD NESHAP flare and would be required for every source 
going to that flare, not just the OLD NESHAP sources. The commenter 
noted that because of the impossibility of obtaining all the required 
individual flow information, the Petroleum Refineries NESHAP provisions 
focus only on measuring the total flow at the flare. The commenter 
insisted that because of the range of flows, this requires a 
sophisticated wide range meter such as a sonic flow meter; and
     the commenter stressed that assist steam and supplemental 
fuel demands vary widely as flare conditions change, and, thus, would 
not be amenable to estimation or using engineering estimates even 
though the gas molecular weight is known.
    The commenter stated that due to the above, facilities must have at 
least continuous flow rate monitoring of the waste gas, supplemental 
fuel, and assist steam in order to allow control on a 15-minute basis, 
and stressed that, in most cases, continuous monitoring of waste gas 
composition is also needed. The commenter also urged that due to the 
broad range of potential flow rates, additional controls (typically 
split range controllers) would be needed to rapidly adjust assist gas 
and supplemental fuel to meet the NHVcz requirements on a 15-minute 
basis. The commenter contended that the EPA's engineering estimate 
approach using temperature and pressure is, therefore, untenable, and 
flare cost basis must consider that OLD flares will have to install the 
full range of continuous monitoring and control instrumentation that 
was required for the Petroleum Refineries NESHAP flares, with perhaps a 
few limited exceptions. One commenter also affirmed that although the 
compositional variability of flared gas streams is less than that of 
refineries, facilities will opt to conduct continuous monitoring to 
reduce incremental supplemental fuel costs, and are likely to install 
flow meters instead of relying on pressure and temperature monitoring 
systems and engineering calculations.
    One commenter added that because of the typically remote location 
of OLD NESHAP-only flares, there are likely to be large additional 
costs compared to Petroleum Refineries NESHAP to add new utilities, 
analyzer houses, data systems, and control room instrumentation. The 
commenter, therefore, concluded that even if the EPA's assumption of 
only continuous temperature and pressure monitoring were correct, a 
$190,000 investment would unlikely be enough to instrument one flare, 
much less 27. The commenter remarked that use of the Petroleum 
Refineries NESHAP cost estimate prorated to the EPA's estimated 27 OLD 
NESHAP flares would yield an annualized OLD cost of $2.4 million and a 
cost effectiveness of $3,673/ton of VOC reduced and $37,182/ton of HAP 
reduced.
    Another commenter provided a summary of information collected from 
member facilities on approximately 80 flares on the estimated cost 
impacts of flare requirements in the EPA's proposed revisions to the 
Ethylene MACT standards, which the commenter contended are essentially 
the same as the proposed revisions in the OLD NESHAP. The commenter 
asserted that for the Ethylene MACT, member companies indicated they 
would need to install at least two new flares due to the potential for 
existing flares to exceed the number of visible emissions events 
allowed by the emergency flaring provisions during upset conditions; at 
least one gas chromatograph in order to comply with the proposed 
monitoring requirements; upgraded natural gas controls for at least 23 
flares (to meet the more stringent minimum flare gas net heating value) 
and flow monitoring; and additional costs based on the estimated amount 
of supplemental fuel firing. The commenter estimated that, based on 
this information, the average capital and annual costs to implement the 
changes applicable to OLD flares (i.e., excluding the emergency flaring 
management work

[[Page 40754]]

practices) are $509,000 and $725,000 per flare, with an estimated 
annual average cost of incremental supplemental fuel of $655,000 per 
flare. The commenter concluded that with their estimated costs and the 
EPA's estimate of 64 tpy of HAP reductions, the cost effectiveness of 
the proposed amendments would be approximately $306,000/ton of HAP 
reduced. The commenter also questioned the validity of the EPA's 
proposed HAP reductions, stating that the EPA's basis for its 64 tpy 
estimate of reduced HAP emissions is simply an assumption that all OLD 
flares are operating with a 90-percent combustion efficiency, and that 
the Agency has not provided data to support this assumption.
    One commenter estimated that the cost to install all required 
instrumentation is in the $600,000 to $800,000 range for a single 
flare.
    Several commenters stated that, because costs for the OLD NESHAP 
flare instrumentation and controls will likely greatly exceed the 
proposed costs, the proposed revised flare requirements are not cost 
effective and should not be finalized.
    Response: We do not agree with the comments that the proposed 
revisions to the flare requirements should not be finalized. We 
proposed the flare amendments under the authority of CAA sections 
112(d)(2) and (3) to ensure that flares used to control OLD emission 
sources are meeting the combustion efficiency requirements that are the 
basis for our original rule. In proposing these amendments, we did not 
use the authority of CAA 112(d)(6) and did not consider costs. Since 
the revisions ensure continuous compliance with the MACT standard under 
CAA sections 112(d)(2) and (3), costs are not a factor considered for 
these revisions. We determined the flare operating and monitoring 
requirements were not adequate to ensure that 98-percent control 
efficiency can be met for a flare at all times. Regarding the 
commenter's arguments that the emission reductions assumed to be a 
result of the proposed flaring provisions are overstated, the 90-
percent assumption was illustrative of potential emissions in worst 
case situations, but since cost and, thus, cost effectiveness are not 
considerations when determining the MACT floor, we did not rely on 
estimated HAP emission reductions in making our decision to propose or 
finalize these requirements. We did estimate costs in order to provide 
the resulting impacts, but we are not revising the costs as a result of 
this comment, especially as the costs presented by the commenter appear 
to have been developed with Ethylene MACT flares in mind. As 
acknowledged by several commenters, OLD flare operation and monitoring 
are likely simpler than ethylene flares, and some commenters' three 1-
hour test run suggestion for demonstrating compliance are essentially 
equivalent to the grab sampling requirements in 40 CFR 63.670(j)(6) and 
they could be further refined to facilitate easier use of simplified 
monitoring provisions. We have revised those requirements to address 
concerns of petitioning to use the grab sample approach, which further 
streamlines these requirements. If, as the commenter suggests, their 
facilities opt to use more sophisticated continuous monitoring 
instrumentation instead of the proposed grab sample/worst case 
approach, they have the flexibility to do so. However, we disagree that 
cost estimates based on Ethylene Production source category flares are 
appropriate for OLD. We also note that the commenter applies a 
supplemental natural gas cost approximately 18 times higher than our 
estimate (if supplemental natural gas is needed to meet NHVcz limits 
for the flare) for their OLD flare cost assessment. This natural gas 
cost seems excessive, especially considering that commenters did not 
discuss adjusting other flare parameters instead of using such a large 
amount of natural gas.
4. What is the rationale for our final approach and final decisions 
pursuant to CAA sections 112(d)(2) and (3)?
    As we discussed above, we proposed the flare amendments under the 
authority of CAA sections 112(d)(2) and (3) to ensure flares used to 
control OLD emission sources are meeting the combustion efficiency 
requirements that are the basis for our original rule and necessary to 
ensure sources are complying with the MACT level of control. For this 
reason, we did not consider costs in proposing these requirements and 
are generally finalizing these amendments as proposed. We did, however, 
make some revisions to the proposed requirements at 40 CFR 63.2380 to 
further streamline the requirements of 40 CFR 63.670(j) to facilitate 
the ability of sources to use the grab sample approach for determining 
net heating value. In addition, and as discussed earlier, we also 
amended the overlap provisions of 40 CFR 63.2396 to clarify 
applicability for flares subject to the requirements of the OLD NESHAP 
and to other NESHAP requirements.
    Tank degassing is considered a shutdown activity and historically 
has been considered by OLD sources to be covered under their SSM plan 
and permit conditions. With the removal of SSM provisions that are not 
consistent with the requirement that the standards apply at all times, 
the EPA assessed the level of control the best performing OLD sources 
are using for tank degassing events. During this assessment and based 
on comments, air permit requirements for OLD sources in Texas require 
degassing to a 10-percent LEL or 10,000 ppm prior to opening the tank 
to the atmosphere, and these requirements represent the best level of 
control for tank degassing events for OLD sources and those in 
California and Texas are already complying with.
    In this action, we are including provisions at 40 CFR 63.2346(a)(6) 
that require tanks that are subject to control to continue to route 
degassing vapors to a device equivalent to the control (i.e., 95-
percent organic HAP reduction, back to process or fuel gas system) 
until the vapor within the storage tank has reached 10 percent of the 
LEL.
    The PRD definition and provisions that were proposed are being 
finalized. No additional work practice provisions or requirements are 
being added to the PRD requirements as a result of commenter 
suggestions, and the clarifications proposed in 40 CFR 63.2346(a)(iv) 
and the definition in 40 CFR 63.2406 are being made final. We note that 
we received several comments on these provisions and clarification on 
what constitutes a deviation for these types of devices within the OLD 
NESHAP. We have responded to these comments in section 9.0 of the 
Summary of Public Comments and Responses for Risk and Technology Review 
for Organic Liquids Distribution (Non-Gasoline), available in the 
docket for this action.

D. Amendments Addressing Emissions During Periods of SSM

1. What amendments did we propose to address emissions during periods 
of SSM?
    We proposed amendments to the OLD NESHAP to remove and revise 
provisions related to SSM that are not consistent with the requirement 
that the standards apply at all times. More information concerning the 
elimination of SSM provisions is in the preamble to the proposed rule 
(84 FR 56318-56322, October 21, 2019).
2. How did the SSM provisions change since proposal?
    We are finalizing the SSM provisions proposed (84 FR 56318, October 
21, 2019) with some modifications, including: Revisions to the proposed 
provisions of 40 CFR 63.2378(e) for periods of planned routine 
maintenance

[[Page 40755]]

of the control device to allow tank breathing losses to be consistent 
with our intent at proposal (see 84 FR 56323, October 21, 2019); 
revisions to 40 CFR 63.2346(l) to further clarify the SSM requirements 
in referenced subparts (such as 40 CFR part 63, subparts SS, TT, and 
UU) that are no longer applicable; and we have extended the effective 
date of removing the portion of the ``deviation'' definition in 40 CFR 
63.2406 that addresses SSM periods as being applicable 3 years after 
publication of the final rule in the Federal Register to provide a 
consistent compliance date due to the addition of the tank degassing 
requirements discussed in section IV.C of this preamble.
3. What key comments did we receive on the SSM revisions and what are 
our responses?
    We received several comments related to our proposed revisions to 
the SSM provisions. Commenters discussed issues related to the removal 
of the 240-hour exemption for planned maintenance of control devices, 
the need for tank degassing requirements with the revision of SSM 
provisions (as discussed in more detail in section IV.C of this 
preamble), and other miscellaneous issues pertaining to the SSM 
provisions of 40 CFR part 63, subparts SS, TT, and UU requirements 
referred to within 40 CFR part 63, subpart EEEE. These comments and our 
responses are available in section 10.1 of the Summary of Public 
Comments and Responses for Risk and Technology Review for Organic 
Liquids Distribution (Non-Gasoline), available in the docket for this 
action. As discussed above, we have made some changes to the revisions 
to the SSM requirements in the final rule to address the significant 
issues brought forth by commenters.
4. What is the rationale for our final approach and final decisions to 
address emissions during periods of SSM?
    We evaluated all comments on the EPA's proposed amendments to the 
SSM provisions. For the reasons explained in the proposed rule, we 
determined that these amendments remove and revise provisions related 
to SSM that are not consistent with the requirement that the standards 
apply at all times. More information concerning the amendments we are 
finalizing for SSM is in the preamble to the proposed rule (84 FR 
56318-56322, October 21, 2019). Additional revisions to these 
amendments based on comments received are discussed in further detail 
in section 10.1 of the Summary of Public Comments and Responses for 
Risk and Technology Review for Organic Liquids Distribution (Non-
Gasoline), available in the docket for this action.

E. Technical Amendments to the MACT Standards

1. What other amendments did we propose for the OLD source category?
    We proposed that owners or operators of OLD facilities submit 
electronic copies of required performance test reports, performance 
evaluation reports, compliance reports, NOCS reports, and fenceline 
monitoring reports through the EPA's CDX using CEDRI. Performance test 
results must be collected using test methods that are supported by the 
EPA's ERT as listed on the ERT website \6\ at the time of the test be 
submitted in the format generated through the use of the ERT and that 
other performance test results be submitted in PDF using the attachment 
module of the ERT. Similarly, performance evaluation results of CEMS 
measuring relative accuracy test audit pollutants that are supported by 
the ERT at the time of the test must be submitted in the format 
generated through the use of the ERT and other performance evaluation 
results be submitted in PDF using the attachment module of the ERT. We 
also proposed that NOCS reports must be submitted as a PDF upload in 
CEDRI.
---------------------------------------------------------------------------

    \6\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
---------------------------------------------------------------------------

    For compliance reports and fenceline monitoring reports, we 
proposed that owners or operators use the appropriate spreadsheet 
template to submit information to CEDRI.
    Additionally, we proposed two broad circumstances in which we may 
provide extension to these requirements. We proposed that an extension 
may be warranted due to outages of the EPA's CDX or CEDRI that 
precludes an owner or operator from accessing the system and submitting 
required reports. We also proposed that an extension may be warranted 
due to a force majeure event, such as an act of nature, act of war or 
terrorism, or equipment failure or safety hazards beyond the control of 
the facility.
    Additionally, we proposed required testing and recordkeeping for 
emission sources not requiring control to confirm the annual average 
true vapor pressure at least every 5 years, or with a change of 
commodity in the tank's contents, whichever occurs first, to ensure the 
tank's applicability and confirm that it should not be subject to the 
95-percent control requirements of the regulation. Further, we proposed 
a requirement that the contents of tanks that are claimed to be not 
subject to the OLD NESHAP because they contain less than 5-percent HAP 
(and, therefore, do not meet the definition of ``Organic liquids'' 
within the OLD NESHAP) should be tested every 5 years, or with a change 
of commodity in the tank's contents, whichever occurs first, to confirm 
that the tank is not storing ``organic liquids'' and, therefore, is not 
subject to the rule. We proposed the revision of 40 CFR 63.2354(c) to 
add the voluntary consensus standard (VCS), ATSM D6886-18, ``Standard 
Test Method for Determination of the Weight Percent Individual Volatile 
Organic Compounds in Waterborne Air-Dry Coatings by Gas 
Chromatography,'' as another acceptable method for the determination of 
HAP content of an organic liquid. We are also finalizing the 
replacement of method ASTM D2879 with method ASTM D6378-18a as one of 
the acceptable methods for the determination of vapor pressure.
    Finally, we proposed several revisions to clarify text or correct 
typographical errors, grammatical errors, and cross-reference errors in 
84 FR 56323 through 56324 and Table 9 of the proposal.
2. How did the other amendments for the OLD source category change 
since proposal?
    We are not finalizing the proposed requirements for periodic 
testing and recordkeeping for the annual average true vapor pressure 
for those tanks not subject to the 95 percent control requirements of 
the regulation. Further, we are not finalizing, as proposed, a 
requirement that the contents of tanks that are claimed to be not 
subject to the OLD NESHAP because they contain less than 5 percent HAP 
(and, therefore, do not meet the definition of ``Organic liquids'' 
within the OLD NESHAP) should be tested every 5 years, or with a change 
of commodity in the tank's contents, whichever occurs first, to confirm 
that the tank is not storing ``organic liquids'' and, therefore, is not 
subject to the rule. We are, however, finalizing the revision of 40 CFR 
63.2354(c) to add ASTM D6886-18, ``Standard Test Method for 
Determination of the Weight Percent Individual Volatile Organic 
Compounds in Waterborne Air-Dry Coatings by Gas Chromatography,'' as 
another acceptable method for the determination of HAP content of an 
organic liquid. We are also finalizing the replacement of method ASTM 
D2879 with method ASTM D6378-18a as an acceptable method for 
determination of whether a total vapor pressure (and, therefore, the 
sum total of Table 1 to 40 CFR part 63, subpart EEEE

[[Page 40756]]

HAP) is below the threshold level requiring control for a storage tank.
    The proposed electronic reporting requirements and the technical 
and editorial corrections in Table 9 of the proposal (see 84 FR 56324, 
October 21, 2019) have not changed, aside from some additional 
editorial changes based on comments and the removal of the fenceline 
monitoring alternative electronic reporting. Aside from these noted 
differences from proposal, we are finalizing the electronic reporting 
requirements and technical and editorial corrections.
3. What key comments did we receive on the other amendments for the OLD 
source category and what are our responses?
    Comment: Several commenters objected to the proposed requirement in 
40 CFR 63.2343(b)(5) and (6) that facilities conduct periodic vapor 
pressure testing or obtain vapor pressure data from the organic liquid 
supplier to demonstrate that the annual average true vapor pressure of 
the organic liquid in each storage tank is below control thresholds. 
Commenters argued that the addition of these two testing requirements 
is burdensome and unnecessary, results in no HAP emissions reductions, 
goes beyond what other NESHAP require for storage tanks, and should not 
be finalized. Several commenters further objected to the proposed 
requirement to use test method ASTM D6378-18a for storage tank vapor 
pressure analyses. Commenters stated that the requirement that test 
method ASTM D6378-18a must be used is impracticable and conflicts with 
the wording of the control thresholds that are based on the annual 
average true vapor pressure of the total Table 1 HAP, not the total 
annual average true vapor pressure of the liquid, which is the measured 
result of ASTM D6378-18a. One commenter stated that periodic testing is 
not needed, since inbound organic liquids HAP contents, and, thus, 
calculated HAP partial pressures, are available from vendor and in-
house analyses and outbound materials are tested in developing the 
required safety data sheet (SDS) for that material. Several commenters 
also noted that other NESHAP have storage tank vapor pressure 
thresholds for control but do not require regular testing to confirm 
vapor pressure (e.g., 40 CFR part 63, subparts YY, GGG, and OOO). 
Another commenter further argued that the requirement to conduct 
periodic negative applicability determinations is precedent setting and 
is not warranted. The commenter stated that the EPA has not provided 
justification for the added requirement or provided an indication with 
supporting data of the ``problem'' the Agency is trying to resolve. The 
commenter further argued that facilities already have general 
obligations under title V 5-year renewals to ensure permits include all 
requirements applicable to a facility.
    Response: The EPA acknowledges ASTM D6378-18a measures total vapor 
pressure and not HAP vapor pressure, therefore, we are not finalizing 
the periodic vapor pressure testing requirements due to lack of an 
appropriate method to measure only HAP vapor pressure. However, 
facilities may still use ASTM D6378-18a as a method for excluding tanks 
from control due to the fact that if the total vapor pressure of the 
liquid is less than the threshold for control, then the HAP vapor 
pressure (which is a subset of the total vapor pressure) would also be 
under the threshold. The EPA also acknowledges that the periodic 5-
percent HAP content testing requirement creates a potential scenario of 
requiring sources to perform regular non-applicability determinations 
for all tanks at major sources that could be duplicative, considering 
the provisions of the OLD NESHAP are applied through a title V permit 
requirement, and that there are 5-year renewal obligations for title V 
permits. To be in compliance with their title V permit, OLD affected 
sources have an ongoing obligation to ensure that tanks storing organic 
liquids with greater than 5 percent HAP are meeting the OLD NESHAP 
requirements. Therefore, we are not finalizing periodic HAP content 
testing. Facilities will still be able to use Method 311, voluntary 
consensus standards, SDS, and certified product data sheets, and 
calculations as a means of determining applicability.
4. What is the rationale for our final approach and final decisions for 
the other amendments for the OLD source category?
    After evaluating the comments on the proposed periodic HAP and 
vapor pressure testing requirements that were proposed, we are not 
finalizing these requirements. As discussed above, we agree that there 
are not any methods suitable to determine the organic HAP partial 
pressure of a liquid, and that these requirements could create a 
duplicative requirement scenario requiring sources to establish non-
applicability although a similar obligation already exists in their 
title V permit. As we also explain, we have included ASTM 6378-18a in 
the final rule as a method suitable for use for excluding tanks from 
control. If the total vapor pressure of the liquid measured using ASTM 
6378-18a is less than the vapor pressure threshold for control, then 
the liquid being stored would, therefore, also be below the threshold 
for control.

V. Summary of Cost, Environmental, and Economic Impacts and Additional 
Analyses Conducted

A. What are the affected facilities?

    There are 173 facilities currently operating OLD equipment subject 
to the OLD NESHAP and four new facilities under construction. A 
complete list of facilities that are currently subject to the OLD 
NESHAP is available in appendix A of the memorandum, National Impacts 
of the 2020 Risk and Technology Review Final Rule for the Organic 
Liquids Distribution (Non-Gasoline) Source Category, which is available 
in the docket for this action.
    The EPA projects four new liquids terminals and one major terminal 
expansion that would be subject to the OLD NESHAP. These new sources 
are not included in the risk assessment modeling effort but are 
included in the impacts analysis.

B. What are the air quality impacts?

    The risk assessment model input file identifies approximately 2,400 
tons of HAP emitted per year from equipment regulated by the OLD 
NESHAP. The predominant HAP compounds include toluene, hexane, 
methanol, xylenes (mixture of o, m, and p isomers), benzene, styrene, 
methyl isobutyl ketone, methylene chloride, methyl tert-butyl ether, 
and ethyl benzene. More information about the baseline emissions in the 
risk assessment model input file can be found in appendix 1 of the 
memorandum, Residual Risk Assessment for the Organic Liquids 
Distribution (Non-Gasoline) Source Category in Support of the 2020 Risk 
and Technology Review Final Rule, which is available in the docket for 
this action. This final action would reduce HAP emissions from OLD 
NESHAP sources. The EPA estimates HAP emission reductions of 
approximately 186 tpy based on our analysis of the actions described in 
sections IV.B and C of this preamble. More information about the 
estimated emission reductions of this final action can be found in the 
document, National Impacts of the 2020 Risk and Technology Review Final 
Rule for the Organic Liquids Distribution (Non-Gasoline) Source 
Category, which is available in the docket for this action.

[[Page 40757]]

C. What are the cost impacts?

    We estimate the total capital costs of these final amendments to be 
approximately $2.5 million and the total annualized costs (including 
recovery credits) to be $1.8 million per year (2016$). We also estimate 
the present value of the costs is $8.5 million at a discount rate of 3 
percent and $7.1 million at 7 percent (2016$). Calculated as an 
equivalent annualized value, which is consistent with the present value 
of the costs, the costs are $1.1 million at a discount rate of 3 
percent and $0.9 million at a discount rate of 7 percent (2016$). The 
annualized costs include those for operating and maintenance, and 
recovery credits of approximately $170,000 per year from the reduction 
in evaporative emissions from storage tanks. To estimate savings in 
chemicals not being emitted (i.e., lost) due to the reduction in 
evaporative emissions, we applied a recovery credit of $900 per ton of 
VOC to the VOC emission reductions in the analyses. The $900 per ton 
recovery credit has historically been used by the EPA to represent the 
variety of chemicals that are used as reactants and produced at 
synthetic organic chemical manufacturing facilities.\7\ At proposal, we 
solicited comment on the availability of more recent information to 
potentially update the value used in this analysis to estimate the 
recovery credits, but received none. We used an interest rate of 5 
percent to annualize the total capital costs. These estimated costs are 
associated with amendments of the requirements for storage tanks, LDAR, 
flares, and transfer racks. Table 4 of this preamble shows the 
estimated costs for each of the equipment types. Detailed information 
about how we estimated these costs are described in the following 
documents available in the docket for this action: National Impacts of 
the 2020 Risk and Technology Review Final Rule for the Organic Liquids 
Distribution (Non-Gasoline) Source Category, and Economic Impact and 
Small Business Analysis for the Final Organic Liquids Distribution 
(Non-Gasoline) (OLD) Risk and Technology Review (RTR) NESHAP.
---------------------------------------------------------------------------

    \7\ U.S. EPA. 2007. Standards of Performance for Equipment Leaks 
of VOC in the Synthetic Organic Chemicals Manufacturing Industry; 
Standards of Performance for Equipment Leaks of VOC in Petroleum 
Refineries (https://www.federalregister.gov/documents/2007/07/09/E7-13203/standards-of-performance-for-equipment-leaks-of-voc-in-the-synthetic-organic-chemicals-manufacturing). Docket ID No. EPA-HQ-
OAR-2006-0699.

                  Table 4--Summary of Costs of Final Amendments by Equipment Type, in Millions
                                                     [2016$]
----------------------------------------------------------------------------------------------------------------
                                                           Total annualized
                                                             cost (without        Annual       Total annualized
             Equipment type                Capital cost     annual recovery      recovery      cost (with annual
                                                               credits)           credits      recovery credits)
----------------------------------------------------------------------------------------------------------------
Storage tanks...........................            2.28                0.29            0.17                0.12
Tank Degassing..........................            0.00                0.42             N/A                0.42
Flares..................................            0.19                0.36             N/A                0.36
Deletion of 240-hr exemption for control            0.00                0.88             N/A                0.88
 device maintenance during transfers
 (Transfer racks).......................
                                         -----------------------------------------------------------------------
    Total...............................            2.47                1.95            0.17                1.78
----------------------------------------------------------------------------------------------------------------

D. What are the economic impacts?

    The EPA conducted economic impact analyses for the amendments to 
the final rule, as detailed in the memorandum titled Economic Impact 
and Small Business Analysis for the Final Organic Liquids Distribution 
(Non-Gasoline) (OLD) Risk and Technology Review (RTR) NESHAP, which is 
available in the docket for this action. The economic impacts of the 
amendments to the final rule are calculated as the percentage of total 
annualized costs incurred by affected parent owners to their annual 
revenues. This ratio provides a measure of the direct economic impact 
to ultimate parent owners of OLD facilities while presuming no impact 
on consumers. We estimate that none of the ultimate parent owners 
affected by this final action will incur total annualized costs of 0.4 
percent or greater of their revenues. This estimate reflects the total 
annualized costs without product recovery as a credit. Thus, these 
economic impacts are low for affected companies and the industries 
impacted by this final action, and there will not be substantial 
impacts on the markets for affected products. The costs are not 
expected to result in a significant market impact, regardless of 
whether they are passed on to the purchaser or absorbed by the firms.

E. What are the benefits?

    The EPA did not monetize the benefits from the estimated emission 
reductions of 186 tpy of HAP associated with this action. However, we 
expect this action will result in benefits associated with HAP emission 
reductions and lower risk of adverse health effects in communities near 
OLD sources.
    While not explicitly calculated, we expect reductions in MIR, 
population exposed to a cancer risk of greater than or equal to 1-in-1 
million, and in other risks metrics such as incidence, acute risk, 
multipathway risks, and ecological risks from the estimated emission 
reductions.

F. What analysis of environmental justice did we conduct?

    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.
    To examine the potential for any environmental justice issues that 
might be associated with the source category, we performed a 
demographic analysis, which is an assessment of risks to individual 
demographic groups of the populations living within 5 kilometers (km) 
and within 50 km of the facilities. In the analysis, we evaluated the 
distribution of HAP-related cancer and noncancer risks from the OLD 
source category across different demographic

[[Page 40758]]

groups within the populations living near facilities.
    At proposal, we noted that our analysis of the demographics of the 
population with estimated risks greater than 1-in-1 million indicates 
potential disparities in risks between demographic groups, including 
the African American, Hispanic or Latino, Over 25 Without a High School 
Diploma, and Below the Poverty Level groups. In addition, the 
population living within 50 km of OLD facilities has a higher 
percentage of minority, lower income, and lower education people when 
compared to the nationwide percentages of those groups. However, 
acknowledging these potential disparities, the risks for the source 
category were determined to be acceptable, and emissions reductions 
from the final rule revisions will benefit these groups the most.
    The methodology and the results of the demographic analysis \8\ are 
presented in a technical report, Risk and Technology Review--Analysis 
of Demographic Factors for Populations Living Near Organic Liquids 
Distribution (Non-Gasoline) Source Category Operations, that is 
available in the docket for this action.
---------------------------------------------------------------------------

    \8\ We note that, based on public comments, there are four fewer 
existing OLD affected sources now than at proposal. However, this 
change does not warrant an update to this analysis since proposal 
and has, therefore, not been updated.
---------------------------------------------------------------------------

G. What analysis of children's environmental health did we conduct?

    The EPA 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 summarized in section 
IV.A of this preamble and are further documented in the risk report, 
Residual Risk Assessment for the Organic Liquids Distribution (Non-
Gasoline) Source Category in Support of the 2020 Risk and Technology 
Review Final Rule, available in the docket for this action.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Orders 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been 
submitted for approval to OMB under the PRA. The Information Collection 
Request (ICR) document that the EPA prepared has been assigned EPA ICR 
number 1963.09. You can find a copy of the ICR in the docket for this 
rule, and it is briefly summarized here. The information collection 
requirements are not enforceable until OMB approves them.
    We are finalizing amendments that change the reporting and 
recordkeeping requirements for OLD operations. The amendments also 
require electronic reporting of performance test results and reports 
and compliance reports. The information will be collected to ensure 
compliance with 40 CFR part 63, subpart EEEE. The total estimated 
burden and cost for reporting and recordkeeping due to these amendments 
are presented below and are not intended to be cumulative estimates 
that include the burden associated with the requirements of the 
existing 40 CFR part 63, subpart EEEE.
    Respondents/affected entities: Owners or operators of OLD 
operations at major sources of HAP are affected by these amendments. 
These respondents include, but are not limited to, facilities having 
NAICS codes: 4247 (Petroleum and Petroleum Products Merchant 
Wholesalers), 4861 (Pipeline Transportation of Crude Oil), and 4931 
(Warehousing and Storage).
    Respondent's obligation to respond: Mandatory under sections 112 
and 114 of the CAA.
    Estimated number of respondents: 177 facilities.
    Frequency of response: Once or twice per year.
    Total estimated burden: 4,111 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated cost: $570,132 (per year), which includes $154,000 
annualized capital or operation and maintenance costs.
    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 the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB 
approves this ICR, the Agency will announce that approval in the 
Federal Register and publish a technical amendment to 40 CFR part 9 to 
display the OMB control number for the approved information collection 
activities contained in this final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. Of the 
90 ultimate parent companies that are subject to this action, ten of 
them are small according to the Small Business Administration's small 
business size standards. None of the affected small parent companies 
are expected to have compliance costs of more than 0.4 percent of their 
sales. For more information on the analysis, see the Economic Impact 
and Small Business Analysis for the Final Organic Liquids Distribution 
(Non-Gasoline) (OLD) Risk and Technology Review (RTR) NESHAP, available 
in the docket for this action.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local, or tribal governments or the 
private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. None of the OLD facilities that have been 
identified as being affected by this final action are owned or operated 
by tribal governments or located within tribal lands. Thus, Executive 
Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental

[[Page 40759]]

health or safety risks addressed by this action present a 
disproportionate risk to children. This action's health and risk 
assessments are contained in sections IV.A of this preamble.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This rulemaking involves technical standards. As discussed in the 
preamble of the proposal, the EPA conducted searches for the OLD NESHAP 
through the Enhanced National Standards Systems Network Database 
managed by the American National Standards Institute (ANSI). We also 
contacted VCS organizations and accessed and searched their databases. 
We conducted searches for EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 
3A, 3B, 4, 18, 21, 22, 25, 25A, 26, 26A, and 27 of 40 CFR part 60, 
appendix A and EPA Methods 301, 311, 316, 320, 325A, and 325B of 40 CFR 
part 63, appendix A. During the EPA's VCS search, if the title or 
abstract (if provided) of the VCS described technical sampling and 
analytical procedures that are similar to the EPA's reference method, 
the EPA reviewed it as a potential equivalent method. We reviewed all 
potential standards to determine the practicality of the VCS for this 
rule. This review requires significant method validation data that meet 
the requirements of EPA Method 301 of appendix A to 40 CFR part 63 for 
accepting alternative methods or scientific, engineering, and policy 
equivalence to procedures in the EPA reference methods.
    The EPA may reconsider determinations of impracticality when 
additional information is available for particular VCS.
    No applicable VCSs were identified for EPA Methods 1A, 2A, 2D, 2F, 
2G, 21, 22, 27, and 316.
    Seven VCSs were identified as an acceptable alternative to EPA test 
methods for the purposes of this rule:
    (1) The VCS ANSI/ASME PTC 19.10-1981 Part 10, ``Flue and Exhaust 
Gas Analyses,'' is an acceptable alternative to EPA Method 3B manual 
portion only and not the instrumental portion. Therefore, we are adding 
this standard as a footnote to item 1.a.i.(3) of Table 5 to 40 CFR part 
63, subpart EEEE and incorporate this standard by reference at 40 CFR 
63.14(e)(1). ANSI/ASME PTC 19.10-1981 Part 10 specifies methods, 
apparatus, and calculations that are used in conjunction with 
Performance Test Codes to quantify the gaseous constituents of exhausts 
from stationary combustion sources. The gases covered include oxygen, 
carbon dioxide, carbon monoxide, nitrogen, sulfur dioxide, sulfur 
trioxide, nitric oxide, nitrogen dioxide, hydrogen sulfide, and 
hydrocarbons.
    (2) The VCS ASTM D6420-18, ``Test Method for Determination of 
Gaseous Organic Compounds by Direct Interface Gas Chromatography/Mass 
Spectrometry.'' This ASTM procedure has been approved by the EPA as an 
alternative to EPA Method 18 only when the target compounds are all 
known, and the target compounds are all listed in ASTM D6420 as 
measurable. ASTM D6420-18 uses a direct interface gas chromatograph/
mass spectrometer to identify and quantify 36 VOC (or a subset of these 
compounds), however, ASTM D6420-18 should not be specified as a total 
VOC method. Therefore, we are adding this standard as a footnote to 
Table 5 to 40 CFR part 63, subpart EEEE and incorporate this standard 
by reference at 40 CFR 63.14(e)(93). We are also updating reference to 
the older version of this standard (i.e., ASTM D6420-99 (Reapproved 
2004) at 40 CFR 63.2354(b)(3) to the new 2018 version and are removing 
reference to the old version of this standard at 40 CFR 63.14(e)(90) 
for use in the OLD NESHAP.
    (3) The VCS ASTM D6735-01(2009), ``Standard Test Method for 
Measurement of Gaseous Chlorides and Fluorides from Mineral Calcining 
Exhaust Sources Impinger Method,'' is an acceptable alternative to EPA 
Method 26 or EPA Method 26A from Mineral Calcining Exhaust Sources, 
which is specified at 40 CFR part 63, subpart SS, which is cited in the 
OLD NESHAP. For further information about the EPA's decision to allow 
the use of this VCS in 40 CFR part 63, subpart SS, see the EPA's 
Ethylene Production RTR proposed amendments in Docket ID No. EPA-HQ-
OAR-2017-0357. This standard is not being incorporated by reference.
    (4) The VCS California Air Resources Board (CARB) Method 310, 
``Determination of Volatile Organic Compounds in Consumer Products and 
Reactive Organic Compounds in Aerosol Coating Products,'' is an 
acceptable alternative to EPA Method 311. However, we are not 
specifying use of this method in the OLD NESHAP because CARB Method 310 
is designed to measure the contents of aerosol cans and would not be 
well suited for organic liquid samples regulated under the OLD NESHAP. 
This standard is not being incorporated by reference.
    (5) The VCS ASTM D6348-12e1, ``Determination of Gaseous Compounds 
by Extractive Direct Interface Fourier Transform (FTIR) Spectroscopy,'' 
is an acceptable alternative to EPA Method 320. In the September 22, 
2008, NTTAA summary, ASTM D6348-03(2010) was determined equivalent to 
EPA Method 320 with caveats. ASTM D6348-12e1 is a revised version of 
ASTM D6348-03(2010) and includes a new section on accepting the results 
from direct measurement of a certified spike gas cylinder, but still 
lacks the caveats we placed on the ASTM D6348-03(2010) version. The VCS 
ASTM D6348-12e1, ``Determination of Gaseous Compounds by Extractive 
Direct Interface Fourier Transform (FTIR) Spectroscopy,'' is an 
acceptable alternative to EPA Method 320 at this time with caveats 
requiring inclusion of selected annexes to the standard as mandatory. 
This field test method uses an extractive sampling system to direct 
stationary source effluent to an FTIR spectrometer to identify and 
quantify gaseous compounds with results as a concentration. We are 
allowing the use of this VCS as an alternative to EPA Method 320 at 40 
CFR 63.2354(b)(3)and(4) and at Table 5 to 40 CFR part 63, subpart EEEE 
under conditions that the test plan preparation and implementation in 
the Annexes to ASTM D6348-12e1, sections A1 through A8 are mandatory; 
the percent (%)R must be determined for each target analyte 
(Equation A5.5); %R must be 70% >= R <= 130%; if the %R value does not 
meet this criterion for a target compound, then the test data is not 
acceptable for that compound and the test must be repeated for that 
analyte (i.e., the sampling and/or analytical procedure should be 
adjusted before a retest); and the %R value for each compound must be 
reported in the test report and all field measurements must be 
corrected with the calculated %R value for that compound by using the 
following equation:

Reported Results = ((Measured Concentration in Stack))/(%R) x 100.

    We are incorporating this method at 40 CFR 63.14(e)(85) for use in 
the OLD NESHAP.
    (6) The VCS ISO 16017-2:2003 (R2014), ``Indoor, Ambient and 
Workplace Air Sampling and Analysis of Volatile Organic Compounds by 
Sorbent Tube/Thermal Desorption/

[[Page 40760]]

Capillary Gas Chromatography--Part 2: Diffusive Sampling,'' is an 
acceptable alternative to EPA Method 325B. This VCS is already 
incorporated by reference in EPA Method 325B.
    (7) The VCS ASTM D6196-03(2009), ``Standard Practice for Selection 
of Sorbents, Sampling and Thermal Desorption Analysis Procedures for 
Volatile Organic Compounds in Air,'' is an acceptable alternative to 
EPA Methods 325A and 325B. This VCS is already incorporated by 
reference in EPA Method 325B.
    Additionally, the EPA is using ASTM D6886-18, ``Standard Test 
Method for Determination of the Weight Percent Individual Volatile 
Organic Compounds in Waterborne Air-Dry Coatings by Gas 
Chromatography.'' ASTM D6886-18 is to be used as one acceptable method 
to determine the percent weight of HAP in organic liquid, especially 
for liquids that contain a significant amount of carbon tetrachloride 
or formaldehyde, which are not detected using the Flame Ionization 
Detector-based standard in the governing method currently cited in the 
OLD NESHAP (i.e., EPA Method 311).
    The ASTM standards newly incorporated by reference in this rule are 
available to the public for free viewing online in the Reading Room 
section on ASTM's website at https://www.astm.org/READINGLIBRARY/. In 
addition to this free online viewing availability on ASTM's website, 
hard copies and printable versions are available for purchase from 
ASTM.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    The documentation for this decision is contained in section IV.A of 
this preamble and in the technical report, Risk and Technology Review--
Analysis of Demographic Factors for Populations Living Near Organic 
Liquids Distribution (Non-Gasoline) Source Category Operations, 
available in the docket for this action.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: March 12, 2020.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
part 63 as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended:
0
a. By revising paragraphs (a) and (e)(1);
0
b. In paragraphs (h)(31) and (32), by removing ``63.2406,'';
0
c. By revising paragraphs (h)(83) and (85);
0
d. By redesignating paragraphs (h)(101) through (113) as paragraphs 
(h)(104) through (115), respectively;
0
e. By revising newly redesignated paragraphs (h)(91) and (93); and
0
f. By adding new paragraph (h)(103).
    The revisions and additions read as follows:


Sec.  63.14  September 5, 2020 Incorporations by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the EPA must publish notice of change in the 
Federal Register and the material must be available to the public. All 
approved material is available for inspection at the EPA Docket Center 
Reading Room, WJC West Building, Room 3334, 1301 Constitution Avenue 
NW, Washington, DC, telephone number 202-566-1744, and is available 
from the sources listed below. It is also available for inspection at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
    (e) * * *
    (1) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], issued August 31, 1981, IBR approved 
for Sec. Sec.  63.309(k), 63.457(k), 63.772(e) and (h), 63.865(b), 
63.997(e), 63.1282(d) and (g), 63.1625(b), table 5 to subpart EEEE, 
63.3166(a), 63.3360(e), 63.3545(a), 63.3555(a), 63.4166(a), 63.4362(a), 
63.4766(a), 63.4965(a), 63.5160(d), table 4 to subpart UUUU, table 3 to 
subpart YYYY, 63.9307(c), 63.9323(a), 63.11148(e), 63.11155(e), 
63.11162(f), 63.11163(g), 63.11410(j), 63.11551(a), 63.11646(a), and 
63.11945, table 5 to subpart DDDDD, table 4 to subpart JJJJJ, table 4 
to subpart KKKKK, tables 4 and 5 of subpart UUUUU, table 1 to subpart 
ZZZZZ, and table 4 to subpart JJJJJJ.
* * * * *
    (h) * * *
    (31) ASTM D2879-83, Standard Method for Vapor Pressure-Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope, Approved 1983, IBR approved for Sec. Sec.  63.111, 
63.1402, and 63.12005.
    (32) ASTM D2879-96, Test Method for Vapor Pressure-Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope, Approved 1996, IBR approved for Sec. Sec.  63.111, and 
63.12005.
* * * * *
    (83) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, including Annexes A1 through A8, Approved 
October 1, 2003, IBR approved for Sec. Sec.  63.457(b), 63.997(e), and 
63.1349, table 4 to subpart DDDD, table 5 to subpart EEEE, table 4 to 
subpart UUUU, table 4 subpart ZZZZ, and table 8 to subpart HHHHHHH.
* * * * *
    (85) ASTM D6348-12e1, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved 
for Sec. Sec.  63.997(e), 63.1571(a), 63.2354(b), table 5 to subpart 
EEEE, and table 4 to subpart UUUU.
* * * * *
    (91) ASTM D6420-99 (Reapproved 2004), Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry, (Approved October 1, 2004), IBR 
approved for Sec. Sec.  63.457(b), 63.772(a), 63.772(e), 63.1282(a) and 
(d), and table 8 to subpart HHHHHHH.
* * * * *

[[Page 40761]]

    (93) ASTM D6420-18, Test Method for Determination of Gaseous 
Organic Compounds by Direct Interface Gas Chromatography/Mass 
Spectrometry, (Approved November 1, 2018), IBR approved for Sec. Sec.  
63.987(b), 63.997(e), 63.2354(b), and table 5 to subpart EEEE.
* * * * *
    (103) ASTM D6886-18, Standard Test Method for Determination of the 
Weight Percent Individual Volatile Organic Compounds in Waterborne Air-
Dry Coatings by Gas Chromatography, approved October 1, 2018, IBR 
approved for Sec.  63.2354(c).
* * * * *

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

0
3. Section 63.2338 is amended by revising paragraph (c) introductory 
text to read as follows:


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

* * * * *
    (c) The equipment listed in paragraphs (c)(1) through (3) of this 
section and used in the identified operations is excluded from the 
affected source.
* * * * *

0
4. Section 63.2342 is amended by revising paragraph (a) introductory 
text, adding paragraph (b) introductory text, revising paragraph (d), 
and adding paragraph (e) to read as follows:


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

    (a) Except as specified in paragraph (e) of this section, if you 
have a new or reconstructed affected source, you must comply with this 
subpart according to the schedule identified in paragraph (a)(1), (2), 
or (3) of this section, as applicable.
* * * * *
    (b) Except as specified in paragraph (e) of this section, if you 
have an existing affected source, you must comply with this subpart 
according to the schedule identified in paragraph (b)(1), (2), or (3) 
of this section, as applicable.
* * * * *
    (d) You must meet the notification requirements in Sec. Sec.  
63.2343 and 63.2382(a), as applicable, according to the schedules in 
Sec.  63.2382(a) and (b)(1) through (2) and in subpart A of this part. 
Some of these notifications must be submitted before the compliance 
dates for the emission limitations, operating limits, and work practice 
standards in this subpart.
    (e) An affected source that commenced construction or 
reconstruction on or before October 21, 2019, must be in compliance 
with the requirements listed in paragraphs (e)(1) through (5) of this 
section upon initial startup or July 7, 2023, whichever is later. An 
affected source that commenced construction or reconstruction after 
October 21, 2019, must be in compliance with the requirements listed in 
paragraphs (e)(1) through (5) of this section upon initial startup or 
July 7, 2020, whichever is later.
    (1) The requirements for storage tanks not requiring control 
specified in Sec.  63.2343(b)(4).
    (2) The requirements for storage tanks at an existing affected 
source specified in Sec. Sec.  63.2346(a)(5) and (6), 
63.2386(d)(3)(iii), 63.2396(a)(4), footnote (2) to Table 2 to this 
subpart, and Table 2b to this subpart.
    (3) The flare requirements specified in Sec. Sec.  63.2346(k), 
63.2382(d)(2)(ix), 63.2386(d)(5), 63.2390(h), footnote (1) to Table 2 
to this subpart, item 7.d, to Table 3 to this subpart, items 1.a.iii 
and 2.a.iii of Table 8 to this subpart, and item 7.e of Table 9 to this 
subpart.
    (4) The requirements specified in Sec. Sec.  63.2346(l), 
63.2350(d), 63.2366(c), 63.2390(f) and (g), 63.2386(c)(11) and (12), 
63.2386(d)(1)(xiii) and (f) through (j), 63.2378(e), footnote (1) to 
Table 9 to this subpart, and items 1.a.i and 2.a.ii of Table 10 to this 
subpart.
    (5) The performance testing requirements specified in Sec.  
63.2354(b)(6).

0
5. Section 63.2343 is amended by:
0
a. Revising the introductory text, paragraph (a), and paragraph (b) 
introductory text;
0
b. Adding paragraph (b)(4); and
0
c. Revising paragraph (c)(1)(iii).
    The revisions and additions read as follows:


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

    This section establishes the notification, recordkeeping, and 
reporting requirements for emission sources identified in Sec.  63.2338 
that do not require control under this subpart (i.e., under Sec.  
63.2346(a) through (e)). Such emission sources are not subject to any 
other notification, recordkeeping, or reporting sections in this 
subpart, including Sec.  63.2350(c), except as indicated in paragraphs 
(a) through (d) of this section.
    (a) For each storage tank subject to this subpart having a capacity 
of less than 18.9 cubic meters (5,000 gallons) and for each transfer 
rack subject to this subpart that only unloads organic liquids (i.e., 
no organic liquids are loaded at any of the transfer racks), you must 
keep documentation that verifies that each storage tank and transfer 
rack identified in this paragraph (a) is not required to be controlled. 
The documentation must be kept up-to-date (i.e., all such emission 
sources at a facility are identified in the documentation regardless of 
when the documentation was last compiled) and must be in a form 
suitable and readily available for expeditious inspection and review 
according to Sec.  63.10(b)(1), including records stored in electronic 
form in a separate location. The documentation may consist of 
identification of the tanks and transfer racks identified in this 
paragraph (a) on a plant site plan or process and instrumentation 
diagram (P&ID).
    (b) Except as specified in paragraph (b)(4) of this section, for 
each storage tank subject to this subpart having a capacity of 18.9 
cubic meters (5,000 gallons) or more that is not subject to control 
based on the criteria specified in Table 2 to this subpart, items 1 
through 6, you must comply with the requirements specified in 
paragraphs (b)(1) through (3) of this section.
* * * * *
    (4) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), the requirements specified in paragraphs (b)(1) through (3) 
of this section apply to the following storage tanks:
    (i) Storage tanks at an existing affected source subject to this 
subpart having a capacity of 18.9 cubic meters (5,000 gallons) or more 
that are not subject to control based on the criteria specified in 
Table 2b to this subpart, items 1 through 3.
    (ii) Storage tanks at a reconstructed or new affected source 
subject to this subpart having a capacity of 18.9 cubic meters (5,000 
gallons) or more that are not subject to control based on the criteria 
specified in Table 2 to this subpart, items 3 through 6.
    (c) * * *
    (1) * * *
    (iii) If you are already submitting a Notification of Compliance 
Status or a first Compliance report under Sec.  63.2386(c), you do not 
need to submit a separate Notification of Compliance Status or first 
Compliance report for each transfer rack that meets the conditions 
identified in this paragraph (c) (i.e., a single Notification of 
Compliance Status or first Compliance report should be submitted).
* * * * *

0
6. Section 63.2346 is amended by:

[[Page 40762]]

0
a. Revising paragraphs (a) introductory text, (a)(1) and (2), 
(a)(4)(ii) and (iv), (a)(4)(v) introductory text, and (a)(4)(v)(A);
0
b. Adding paragraph (a)(5) and (6);
0
c. Revising paragraphs (b)(1) and (2), (c), (d)(2), (e), (f), and (i); 
and
0
b. Adding paragraphs (k) and (l).
    The revisions and additions read as follows:


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

    (a) Storage tanks. Except as specified in paragraphs (a)(5) and (6) 
and (l) of this section, for each storage tank storing organic liquids 
that meets the tank capacity and liquid vapor pressure criteria for 
control in Table 2 to this subpart, items 1 through 5, you must comply 
with paragraph (a)(1), (2), (3), or (4) of this section. For each 
storage tank storing organic liquids that meets the tank capacity and 
liquid vapor pressure criteria for control in Table 2 to this subpart, 
item 6, you must comply with paragraph (a)(1), (2), or (4) of this 
section.
    (1) Meet the emission limits specified in Table 2 or 2b to this 
subpart and comply with paragraph (l) of this section and the 
applicable requirements specified in subpart SS of this part, for 
meeting emission limits, except substitute the term ``storage tank'' at 
each occurrence of the term ``storage vessel'' in subpart SS.
    (2) Route emissions to fuel gas systems or back into a process as 
specified in subpart SS of this part. If you comply with this 
paragraph, then you must also comply with the requirements specified in 
paragraph (l) of this section.
* * * * *
    (4) * * *
    (ii) Transport vehicles must have a current certification in 
accordance with the United States Department of Transportation (U.S. 
DOT) qualification and maintenance requirements of 49 CFR part 180, 
subparts E (for cargo tanks) and F (for tank cars).
* * * * *
    (iv) No pressure relief device on the storage tank, on the vapor 
return line, or on the cargo tank or tank car, shall open during 
loading or as a result of diurnal temperature changes (breathing 
losses).
    (v) Pressure relief devices must be set to no less than 2.5 pounds 
per square inch gauge (psig) at all times to prevent breathing losses. 
Pressure relief devices may be set at values less than 2.5 psig if the 
owner or operator provides rationale in the notification of compliance 
status report explaining why the alternative value is sufficient to 
prevent breathing losses at all times. The owner or operator shall 
comply with paragraphs (a)(4)(v)(A) through (C) of this section for 
each relief valve.
    (A) The relief valve shall be monitored quarterly using the method 
described in Sec.  63.180(b).
* * * * *
    (5) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), the tank capacity criteria, liquid vapor pressure criteria, 
and emission limits specified for storage tanks at an existing affected 
source in Table 2 of this subpart, item 1 no longer apply. Instead, for 
each storage tank at an existing affected source storing organic 
liquids that meets the tank capacity and liquid vapor pressure criteria 
for control in Table 2b to this subpart, items 1 through 3, you must 
comply with paragraph (a)(1), (2), (3), or (4) and paragraph (a)(6) of 
this section.
    (6) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), tank emissions during storage tank shutdown operations 
(i.e., emptying and degassing of a storage tank) for each storage tank 
at an affected source storing organic liquids that meets the tank 
capacity and liquid vapor pressure criteria for control in items 3 
through 6 of Table 2 to this subpart, or items 1 through 3 of Table 2b 
to this subpart, you must comply with paragraphs (a)(6)(i) through 
(iii) of this section during tank emptying and degassing until the 
vapor space concentration in the tank is less than 10 percent of the 
lower explosive limit (LEL). The owner or operator must determine the 
LEL using process instrumentation or portable measurement devices and 
follow procedures for calibration and maintenance according to 
manufacturer's specifications.
    (i) Remove organic liquids from the storage tank as much as 
practicable;
    (ii) Comply with either of the following:
    (A) The requirements of Table 2 or 2b to this subpart, item 1.a.i. 
as applicable; OR,
    (B) The requirements of Table 4 to this subpart, item 1.b.
    (iii) Comply with the requirements in Sec.  63.2350(d) for each 
storage tank shutdown event and maintain records necessary to 
demonstrate compliance with the requirements in Sec.  63.2350(d) 
including, if appropriate, records of existing standard site procedures 
used to empty and degas (deinventory) equipment for safety purposes.
    (b) * * *
    (1) Meet the emission limits specified in Table 2 to this subpart 
and comply with paragraph (l) of this section and the applicable 
requirements for transfer racks specified in subpart SS of this part, 
for meeting emission limits.
    (2) Route emissions to fuel gas systems or back into a process as 
specified in subpart SS of this part. If you comply with this 
paragraph, then you must also comply with the requirements specified in 
paragraph (l) of this section.
* * * * *
    (c) Equipment leak components. For each pump, valve, and sampling 
connection that operates in organic liquids service for at least 300 
hours per year, you must comply with paragraph (l) of this section and 
the applicable requirements under subpart TT of this part (control 
level 1), subpart UU of this part (control level 2), or subpart H of 
this part. Pumps, valves, and sampling connectors that are insulated to 
provide protection against persistent sub-freezing temperatures are 
subject to the ``difficult to monitor'' provisions in the applicable 
subpart selected by the owner or operator. This paragraph only applies 
if the affected source has at least one storage tank or transfer rack 
that meets the applicability criteria for control in Table 2 or 2b to 
this subpart.
    (d) * * *
    (2) Ensure that organic liquids are loaded only into transport 
vehicles that have a current certification in accordance with the U.S. 
DOT qualification and maintenance requirements in 49 CFR part 180, 
subpart E for cargo tanks and subpart F for tank cars.
    (e) Operating limits. For each high throughput transfer rack, you 
must meet each operating limit in Table 3 to this subpart for each 
control device used to comply with the provisions of this subpart 
whenever emissions from the loading of organic liquids are routed to 
the control device. Except as specified in paragraph (k) of this 
section, for each storage tank and low throughput transfer rack, you 
must comply with paragraph (l) of this section and the requirements for 
monitored parameters as specified in subpart SS of this part, for 
storage vessels and, during the loading of organic liquids, for low 
throughput transfer racks, respectively. Alternatively, you may comply 
with the operating limits in Table 3 to this subpart.
    (f) Surrogate for organic HAP. For noncombustion devices, if you 
elect to demonstrate compliance with a percent reduction requirement in 
Table 2 or 2b to this subpart using total organic compounds (TOC) 
rather than organic HAP, you must first demonstrate,

[[Page 40763]]

subject to the approval of the Administrator, that TOC is an 
appropriate surrogate for organic HAP in your case; that is, for your 
storage tank(s) and/or transfer rack(s), the percent destruction of 
organic HAP is equal to or higher than the percent destruction of TOC. 
This demonstration must be conducted prior to or during the initial 
compliance test.
* * * * *
    (i) Safety device. Opening of a safety device is allowed at any 
time that it is required to avoid unsafe operating conditions. 
Beginning no later than July 7, 2023, this paragraph no longer applies.
* * * * *
    (k) Flares. Beginning no later than the compliance dates specified 
in Sec.  63.2342(e), for each storage tank and low throughput transfer 
rack that is subject to control based on the criteria specified in 
Tables 2 or 2b to this subpart, if you vent emissions through a closed 
vent system to a flare then you must comply with the requirements 
specified in Sec.  63.2380 instead of the requirements in Sec.  63.987 
and the provisions regarding flare compliance assessments at Sec.  
63.997(a), (b), and (c).
    (l) Startup, shutdown, and malfunction. Beginning no later than the 
compliance dates specified in Sec.  63.2342(e), the referenced 
provisions specified in paragraphs (l)(1) through (20) of this section 
do not apply when demonstrating compliance with subpart H of this part, 
subpart SS of this part, subpart TT of this part, and subpart UU of 
this part.
    (1) The second sentence of Sec.  63.181(d)(5)(i).
    (2) The second sentence of Sec.  63.983(a)(5).
    (3) The phrase ``except during periods of start-up, shutdown, and 
malfunction as specified in the referencing subpart'' in Sec.  
63.984(a).
    (4) The phrase ``except during periods of start-up, shutdown and 
malfunction as specified in the referencing subpart'' in Sec.  
63.985(a).
    (5) The phrase ``other than start-ups, shutdowns, or malfunctions'' 
in Sec.  63.994(c)(1)(ii)(D).
    (6) Sec.  63.996(c)(2)(ii).
    (7) The last sentence of Sec.  63.997(e)(1)(i).
    (8) Sec.  63.998(b)(2)(iii).
    (9) The phrase ``other than periods of start-ups, shutdowns or 
malfunctions'' from Sec.  63.998(b)(5)(i)(A).
    (10) The phrase ``other than a start-up, shutdown or malfunction'' 
from Sec.  63.998(b)(5)(i)(B)(3).
    (11) The phrase ``other than periods of start-ups, shutdowns or 
malfunctions'' from Sec.  63.998(b)(5)(i)(C).
    (12) The phrase ``other than a start-up, shutdown or malfunction'' 
from Sec.  63.998(b)(5)(ii)(C).
    (13) The phrase ``, except as provided in paragraphs (b)(6)(i)(A) 
and (B) of this section'' from Sec.  63.998(b)(6)(i).
    (14) The second sentence of Sec.  63.998(b)(6)(ii).
    (15) Sec.  63.998(c)(1)(ii)(D), (E), (F), and (G).
    (16) Sec.  63.998(d)(3).
    (17) The phrase ``may be included as part of the startup, shutdown, 
and malfunction plan, as required by the referencing subpart for the 
source, or'' from Sec.  63.1005(e)(4)(i).
    (18) The phrase ``may be included as part of the startup, shutdown, 
and malfunction plan, as required by the referencing subpart for the 
source, or'' from Sec.  63.1024(f)(4)(i).
    (19) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1007(e)(1)(ii)(A).
    (20) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1026(e)(1)(ii)(A).

0
7. Section 63.2350 is revised to read as follows:


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

    (a) You must be in compliance with the emission limitations, 
operating limits, and work practice standards in this subpart at all 
times when the equipment identified in Sec.  63.2338(b)(1) through (5) 
is in OLD operation.
    (b) Except as specified in paragraph (d) of this section, you must 
always operate and maintain your affected source, including air 
pollution control and monitoring equipment, according to the provisions 
in Sec.  63.6(e)(1)(i).
    (c) Except for emission sources not required to be controlled as 
specified in Sec.  63.2343, you must develop a written startup, 
shutdown, and malfunction (SSM) plan according to the provisions in 
Sec.  63.6(e)(3). Beginning no later than July 7, 2023, this paragraph 
no longer applies; however, for historical compliance purposes, a copy 
of the plan must be retained and available according to the 
requirements in Sec.  63.2394(c) for five years after July 7, 2023.
    (d) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), paragraph (b) of this section no longer applies. Instead, 
at all times, you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to 
minimize emissions does not require you to make any further efforts to 
reduce emissions if levels required by the applicable standard have 
been achieved. Determination of whether a source is operating in 
compliance with operation and maintenance requirements will be based on 
information available to the Administrator which may include, but is 
not limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.

0
8. Section 63.2354 is amended by:
0
a. Revising paragraphs (a)(2) and (3) and (b)(1), (3), (4), and (5);
0
b. Adding paragraph (b)(6);
0
c. Revising paragraph (c); and
0
d. Adding paragraph (d).
    The revisions and additions read as follows:


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

    (a) * * *
    (2) For each design evaluation you conduct, you must use the 
procedures specified in subpart SS of this part. You must also comply 
with the requirements specified in Sec.  63.2346(l).
    (3) For each performance evaluation of a continuous emission 
monitoring system (CEMS) you conduct, you must follow the requirements 
in Sec.  63.8(e) and paragraph (d) of this section. For CEMS installed 
after the compliance date specified in Sec.  63.2342(e), conduct a 
performance evaluation of each CEMS within 180 days of installation of 
the monitoring system.
    (b)(1) Except as specified in paragraph (b)(6) of this section, for 
nonflare control devices, you must conduct each performance test 
according to the requirements in Sec.  63.7(e)(1), and either Sec.  
63.988(b), Sec.  63.990(b), or Sec.  63.995(b), using the procedures 
specified in Sec.  63.997(e).
* * * * *
    (3)(i) In addition to Method 25 or 25A (40 CFR part 60, appendix A-
7), to determine compliance with the TOC emission limit, you may use 
Method 18 (40 CFR part 60, appendix A-6) or Method 320 of appendix A to 
this part to determine compliance with the total organic HAP emission 
limit. You may not use Method 18 or Method 320 of appendix A to this 
part if the control device is a combustion device, and you must not use 
Method 320 of appendix A to this part if the gas stream contains 
entrained water droplets. All compounds quantified by Method 320 of 
appendix A to this part must be validated according to Section 13.0 of

[[Page 40764]]

Method 320 of appendix A to this part. As an alternative to Method 18, 
for determining compliance with the total organic HAP emission limit, 
you may use ASTM D6420-18 (incorporated by reference, see Sec.  63.14), 
under the conditions specified in paragraph (b)(3)(ii) of this section.
    (A) If you use Method 18 (40 CFR 60, appendix A-6) or Method 320 of 
appendix A to this part to measure compliance with the percentage 
efficiency limit, you must first determine which organic HAP are 
present in the inlet gas stream (i.e., uncontrolled emissions) using 
knowledge of the organic liquids or the screening procedure described 
in Method 18. In conducting the performance test, you must analyze 
samples collected simultaneously at the inlet and outlet of the control 
device. Quantify the emissions for the same organic HAP identified as 
present in the inlet gas stream for both the inlet and outlet gas 
streams of the control device.
    (B) If you use Method 18 (40 CFR part 60, appendix A-6) or Method 
320 of appendix A to this part, to measure compliance with the emission 
concentration limit, you must first determine which organic HAP are 
present in the inlet gas stream using knowledge of the organic liquids 
or the screening procedure described in Method 18. In conducting the 
performance test, analyze samples collected as specified in Method 18 
at the outlet of the control device. Quantify the control device outlet 
emission concentration for the same organic HAP identified as present 
in the inlet or uncontrolled gas stream.
    (ii) You may use ASTM D6420-18 (incorporated by reference, see 
Sec.  63.14), to determine compliance with the total organic HAP 
emission limit if the target concentration for each HAP is between 150 
parts per billion by volume and 100 ppmv and either of the conditions 
specified in paragraph (b)(2)(ii)(A) or (B) of this section exists. For 
target compounds not listed in Section 1.1 of ASTM D6420-18 and not 
amenable to detection by mass spectrometry, you may not use ASTM D6420-
18.
    (A) The target compounds are those listed in Section 1.1 of ASTM 
D6420-18 (incorporated by reference, see Sec.  63.14); or
    (B) For target compounds not listed in Section 1.1 of ASTM D6420-18 
(incorporated by reference, see Sec.  63.14), but potentially detected 
by mass spectrometry, you must demonstrate recovery of the compound and 
the additional system continuing calibration check after each run, as 
detailed in ASTM D6420-18, Section 10.5.3, must be followed, met, 
documented, and submitted with the data report, even if there is no 
moisture condenser used or the compound is not considered water-
soluble.
    (iii) You may use ASTM D6348-12e1 (incorporated by reference, see 
Sec.  63.14) instead of Method 320 of appendix A to this part under the 
conditions specified in footnote 4 of Table 5 to this subpart.
    (4) If a principal component of the uncontrolled or inlet gas 
stream to the control device is formaldehyde, you must use Method 316 
of appendix A to this part, Method 320 of appendix A to this part, or 
Method 323 of appendix A to this part for measuring the formaldehyde, 
except you must not use Method 320 or Method 323 of appendix A to this 
part if the gas stream contains entrained water droplets. If you use 
Method 320 of appendix A to this part, formaldehyde must be validated 
according to Section 13.0 of Method 320 of appendix A to this part. You 
must measure formaldehyde either at the inlet and outlet of the control 
device to determine control efficiency or at the outlet of a combustion 
device for determining compliance with the emission concentration 
limit. You may use ASTM D6348-12e1 (incorporated by reference, see 
Sec.  63.14) instead of Method 320 of appendix A to this part under the 
conditions specified in footnote 4 of Table 5 to this subpart.
    (5) Except as specified in paragraph (b)(6) of this section, you 
may not conduct performance tests during periods of SSM, as specified 
in Sec.  63.7(e)(1).
    (6) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), paragraphs (b)(1) and (5) of this section no longer apply. 
Instead, you must conduct each performance test according to the 
requirements in paragraphs (b)(6)(i) and (ii) of this section.
    (i) In lieu of the requirements specified in Sec.  63.7(e)(1), you 
must conduct performance tests under such conditions as the 
Administrator specifies based on representative performance of the 
affected source for the period being tested. Representative conditions 
exclude periods of startup and shutdown. You may not conduct 
performance tests during periods of malfunction. You must record the 
process information that is necessary to document operating conditions 
during the test and include in such record an explanation to support 
that such conditions represent normal operation. Upon request, you must 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (ii) Pursuant to paragraph (b)(6)(i) of this section, you must 
conduct each performance test according to the requirements in either 
Sec.  63.988(b), Sec.  63.990(b), or Sec.  63.995(b), using the 
procedures specified in Sec.  63.997(e). You must also comply with the 
requirements specified in Sec.  63.2346(l).
    (c) To determine the HAP content of the organic liquid, you may use 
Method 311 of appendix A to this part, ASTM D6886-18 (incorporated by 
reference, see Sec.  63.14), or other method approved by the 
Administrator. If you use ASTM D6886-18 to determine the HAP content, 
you must use either Method B or Method B in conjunction with Method C, 
as described in section 4.3 of ASTM D6886-18. In addition, you may use 
other means, such as voluntary consensus standards, safety data sheets 
(SDS), or certified product data sheets, to determine the HAP content 
of the organic liquid. If the method you select to determine the HAP 
content provides HAP content ranges, you must use the upper end of each 
HAP content range in determining the total HAP content of the organic 
liquid. The EPA may require you to test the HAP content of an organic 
liquid using Method 311 of appendix A to this part or other method 
approved by the Administrator. For liquids that contain any amount of 
formaldehyde or carbon tetrachloride, you may not use Method 311of 
appendix A to this part. If the results of the Method 311 of appendix A 
to this part (or any other approved method) are different from the HAP 
content determined by another means, the Method 311 of appendix A to 
this part (or approved method) results will govern. For liquids that 
contain any amount of formaldehyde or carbon tetrachloride, if the 
results of ASTM D6886-18 using method B or C in section 4.3 (or any 
other approved method) are different from the HAP content determined by 
another means, ASTM D6886-18 using method B or C in section 4 (or 
approved method) results will govern.
    (d) Each VOC CEMS must be installed, operated, and maintained 
according to the requirements of one of the following performance 
specifications in appendix B to part 60 of this chapter: Performance 
Specification 8, Performance Specification 8A, Performance 
Specification 9, or Performance Specification 15. You must also comply 
with the requirements of procedure 1 of appendix F to part 60 of this 
chapter, for CEMS using Performance Specification 8 or 8A.
    (1) For CEMS using Performance Specification 9 or 15 (40 CFR part 
60,

[[Page 40765]]

appendix B), determine the target analyte(s) for calibration using 
either process knowledge or the screening procedures of Method 18 (40 
CFR part 60, appendix A-6).
    (2) For CEMS using Performance Specification 8A (40 CFR part 60, 
appendix B), conduct the relative accuracy test audits required under 
Procedure 1 (40 CFR part 60, appendix F) in accordance with Sections 8 
and 11 of Performance Specification 8 (40 CFR part 60, appendix B). The 
relative accuracy must meet the criteria of Section 13.2 of Performance 
Speciation 8 (40 CFR part 60, appendix B).
    (3) For CEMS using Performance Specification 8 or 8A of 40 CFR part 
60, appendix B, calibrate the instrument on methane and report the 
results as carbon (C1). Use Method 25A of 40 CFR part 60, appendix A-7 
as the reference method for the relative accuracy tests.
    (4) If you are required to monitor oxygen in order to conduct 
concentration corrections, you must use Performance Specification 3 (40 
CFR part 60, appendix B), to certify your oxygen CEMS, and you must 
comply with procedure 1 (40 CFR part 60, appendix F). Use Method 3A (40 
CFR part 60, appendix A-2), as the reference method when conducting a 
relative accuracy test audit.

0
9. Section 63.2358 is amended by adding paragraph (b)(3) to read as 
follows:


Sec.  63.2358   By what date must I conduct performance tests and other 
initial compliance demonstrations?

* * * * *
    (b) * * *
    (3) For storage tanks at existing affected sources that commenced 
construction or reconstruction on or before October 21, 2019, you must 
demonstrate initial compliance with the emission limitations listed in 
Table 2b to this subpart within 180 days of either the initial startup 
or July 7, 2023, whichever is later, except as provided in paragraphs 
(b)(3)(i) and (ii) of this section.
    (i) For storage tanks with an existing internal or external 
floating roof, complying with item 1.a.ii. in Table 2b to this subpart 
and item 1.a. in Table 4 to this subpart, you must conduct your initial 
compliance demonstration the next time the storage tank is emptied and 
degassed, but not later than July 7, 2030.
    (ii) For storage tanks complying with item 1.a.ii. in Table 2b to 
this subpart and item 1.b. or 1.c. in Table 4 to this subpart, you must 
comply within 180 days after July 7, 2023.
* * * * *

0
10. Section 63.2362 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  63.2362   When must I conduct subsequent performance tests?

* * * * *
    (b) * * *
    (2) For transport vehicles that you own that do not have vapor 
collection equipment, you must maintain current certification in 
accordance with the U.S. DOT qualification and maintenance requirements 
in 49 CFR part 180, subparts E (cargo tanks) and F (tank cars).

0
11. Section 63.2366 is revised to read as follows:


Sec.  63.2366   What are my monitoring installation, operation, and 
maintenance requirements?

    (a) You must install, operate, and maintain a continuous monitoring 
system (CMS) on each control device required in order to comply with 
this subpart. If you use a continuous parameter monitoring system 
(CPMS) (as defined in Sec.  63.981), you must comply with Sec.  
63.2346(l) and the applicable requirements for CPMS in subpart SS of 
this part and Sec.  63.671, for the control device being used. If you 
use a CEMS, you must install, operate, and maintain the CEMS according 
to the requirements in Sec.  63.8 and paragraph (d) of this section, 
except as specified in paragraph (c) of this section.
    (b) For nonflare control devices controlling storage tanks and low 
throughput transfer racks, you must submit a monitoring plan according 
to the requirements in subpart SS of this part, for monitoring plans. 
You must also comply with the requirements specified in Sec.  
63.2346(l).
    (c) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), you must keep the written procedures required by Sec.  
63.8(d)(2) on record for the life of the affected source or until the 
affected source is no longer subject to the provisions of this part, to 
be made available for inspection, upon request, by the Administrator. 
If the performance evaluation plan is revised, you must keep previous 
(i.e., superseded) versions of the performance evaluation plan on 
record to be made available for inspection, upon request, by the 
Administrator, for a period of 5 years after each revision to the plan. 
The program of corrective action should be included in the plan 
required under Sec.  63.8(d)(2). In addition to the information 
required in Sec.  63.8(d)(2), your written procedures for CEMS must 
include the information in paragraphs (c)(1) through (6) of this 
section:
    (1) Description of CEMS installation location.
    (2) Description of the monitoring equipment, including the 
manufacturer and model number for all monitoring equipment components 
and the span of the analyzer.
    (3) Routine quality control and assurance procedures.
    (4) Conditions that would trigger a CEMS performance evaluation, 
which must include, at a minimum, a newly installed CEMS; a process 
change that is expected to affect the performance of the CEMS; and the 
Administrator's request for a performance evaluation under section 114 
of the Clean Air Act.
    (5) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  63.8(c)(1) and (3), (c)(4)(ii), and 
(c)(7) and (8);
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c) and (e)(1).
    (d) For each CEMS, you must locate the sampling probe or other 
interface at a measurement location such that you obtain representative 
measurements of emissions from the regulated source and comply with the 
applicable requirements specified in Sec.  63.2354(d).

0
12. Section 63.2370 is amended by revising paragraphs (a) and (c) to 
read as follows:


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

    (a) You must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to you as specified 
in Tables 6 and 7 to this subpart.
* * * * *
    (c) You must submit the results of the initial compliance 
determination in the Notification of Compliance Status according to the 
requirements in Sec.  63.2382(d). If the initial compliance 
determination includes a performance test and the results are submitted 
electronically via the Compliance and Emissions Data Reporting 
Interface (CEDRI) in accordance with Sec.  63.2386(g), the unit(s) 
tested, the pollutant(s) tested, and the date that such performance 
test was conducted may be submitted in the Notification of Compliance 
Status in lieu of the performance test results. The performance test 
results must be submitted to CEDRI by the date the Notification of 
Compliance Status is submitted.

0
13. Section 63.2374 is amended by revising paragraph (a) to read as 
follows:

[[Page 40766]]

Sec.  63.2374   When do I monitor and collect data to demonstrate 
continuous compliance and how do I use the collected data?

    (a) You must monitor and collect data according to subpart SS of 
this part, and paragraphs (b) and (c) of this section. You must also 
comply with the requirements specified in Sec.  63.2346(l).
* * * * *

0
14. Section 63.2378 is amended by revising paragraphs (a), (b) 
introductory text, (b)(2), (c), and (d), and adding paragraphs (e) and 
(f) to read as follows:


Sec.  63.2378  How do I demonstrate continuous compliance with the 
emission limitations, operating limits, and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limitation, operating limit, and work practice standard in Tables 2 
through 4 to this subpart that applies to you according to the methods 
specified in subpart SS of this part, and in Tables 8 through 10 to 
this subpart, as applicable. You must also comply with the requirements 
specified in Sec.  63.2346(l).
    (b) Except as specified in paragraph (e) of this section, you must 
follow the requirements in Sec.  63.6(e)(1) and (3) during periods of 
startup, shutdown, malfunction, or nonoperation of the affected source 
or any part thereof. In addition, the provisions of paragraphs (b)(1) 
through (3) of this section apply.
* * * * *
    (2) The owner or operator must not shut down control devices or 
monitoring systems that are required or utilized for achieving 
compliance with this subpart during periods of SSM while emissions are 
being routed to such items of equipment if the shutdown would 
contravene requirements of this subpart applicable to such items of 
equipment. This paragraph (b)(2) does not apply if the item of 
equipment is malfunctioning. This paragraph (b)(2) also does not apply 
if the owner or operator shuts down the compliance equipment (other 
than monitoring systems) to avoid damage due to a contemporaneous SSM 
of the affected source or portion thereof. If the owner or operator has 
reason to believe that monitoring equipment would be damaged due to a 
contemporaneous SSM of the affected source of portion thereof, the 
owner or operator must provide documentation supporting such a claim in 
the next Compliance report required in Table 11 to this subpart, item 
1. Once approved by the Administrator, the provision for ceasing to 
collect, during a SSM, monitoring data that would otherwise be required 
by the provisions of this subpart must be incorporated into the SSM 
plan.
* * * * *
    (c) Except as specified in paragraph (e) of this section, periods 
of planned routine maintenance of a control device used to control 
storage tanks or transfer racks, during which the control device does 
not meet the emission limits in Table 2 to this subpart, must not 
exceed 240 hours per year.
    (d) Except as specified in paragraph (e) of this section, if you 
elect to route emissions from storage tanks or transfer racks to a fuel 
gas system or to a process, as allowed by Sec.  63.982(d), to comply 
with the emission limits in Table 2 to this subpart, the total 
aggregate amount of time during which the emissions bypass the fuel gas 
system or process during the calendar year without being routed to a 
control device, for all reasons (except SSM or product changeovers of 
flexible operation units and periods when a storage tank has been 
emptied and degassed), must not exceed 240 hours.
    (e) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), paragraphs (b) through (d) of this section no longer apply. 
Instead, you must be in compliance with each emission limitation, 
operating limit, and work practice standard specified in paragraph (a) 
of this section at all times, except during periods of nonoperation of 
the affected source (or specific portion thereof) resulting in 
cessation of the emissions to which this subpart applies and must 
comply with the requirements specified in paragraphs (e)(1) through (5) 
of this section, as applicable. Equipment subject to the work practice 
standards for equipment leak components in Table 4 to this subpart, 
item 4 are not subject to this paragraph (e).
    (1) Except as specified in paragraphs (e)(3) through (5) of this 
section, the use of a bypass line at any time on a closed vent system 
to divert a vent stream to the atmosphere or to a control device not 
meeting the requirements specified in paragraph (a) of this section is 
an emissions standards deviation.
    (2) If you are subject to the bypass monitoring requirements of 
Sec.  63.983(a)(3), then you must continue to comply with the 
requirements in Sec.  63.983(a)(3) and the recordkeeping and reporting 
requirements in Sec. Sec.  63.998(d)(1)(ii) and 63.999(c)(2), in 
addition to Sec.  63.2346(l), the recordkeeping requirements specified 
in Sec.  63.2390(g), and the reporting requirements specified in Sec.  
63.2386(c)(12).
    (3) Periods of planned routine maintenance of a control device used 
to control storage tank breathing loss emissions, during which the 
control device does not meet the emission limits in Table 2 or 2b to 
this subpart, must not exceed 240 hours per year. The level of material 
in the storage vessel shall not be increased during periods that the 
closed-vent system or control device is bypassed to perform routine 
maintenance.
    (4) If you elect to route emissions from storage tanks to a fuel 
gas system or to a process, as allowed by Sec.  63.982(d), to comply 
with the emission limits in Table 2 or 2b to this subpart, the total 
aggregate amount of time during which the breathing loss emissions 
bypass the fuel gas system or process during the calendar year without 
being routed to a control device, for all reasons (except product 
changeovers of flexible operation units and periods when a storage tank 
has been emptied and degassed), must not exceed 240 hours. The level of 
material in the storage vessel shall not be increased during periods 
that the fuel gas system or process is bypassed to perform routine 
maintenance.
    (f) The CEMS data must be reduced to daily averages computed using 
valid data consistent with the data availability requirements specified 
in Sec.  63.999(c)(6)(i)(B) through (D), except monitoring data also 
are sufficient to constitute a valid hour of data if measured values 
are available for at least two of the 15-minute periods during an hour 
when calibration, quality assurance, or maintenance activities are 
being performed. In computing daily averages to determine compliance 
with this subpart, you must exclude monitoring data recorded during 
CEMS breakdowns, out of control periods, repairs, maintenance periods, 
calibration checks, or other quality assurance activities.

0
15. Section 63.2380 is added before the undesignated center heading 
``Notifications, Reports, and Records'' to read as follows:


Sec.  63.2380   What are my requirements for certain flares?

    (a) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), if you reduce organic HAP emissions by venting emissions 
through a closed vent system to a steam-assisted, air-assisted, or non-
assisted flare to control emissions from a storage tank, low throughput 
transfer rack, or high throughput transfer rack that is subject to 
control based on the criteria specified in Tables 2 or 2b to this 
subpart, then the flare requirements specified in Sec.  63.11(b); 
subpart SS of this part; the provisions specified in items 7.a

[[Page 40767]]

through 7.d of Table 3 to this subpart; Table 8 to this subpart; and 
the provisions specified in items 1.a.iii and 2.a.iii, and items 7.a 
through 7.d.2 of Table 9 to this subpart no longer apply. Instead, you 
must meet the applicable requirements for flares as specified in 
Sec. Sec.  63.670 and 63.671, including the provisions in Tables 12 and 
13 to subpart CC of this part, except as specified in paragraphs (b) 
through (m) of this section. For purposes of compliance with this 
paragraph, the following terms are defined in Sec.  63.641: Assist air, 
assist steam, center steam, combustion zone, combustion zone gas, 
flare, flare purge gas, flare supplemental gas, flare sweep gas, flare 
vent gas, lower steam, net heating value, perimeter assist air, pilot 
gas, premix assist air, total steam, and upper steam.
    (b) The following phrases in Sec.  63.670(c) do not apply:
    (1) ``Specify the smokeless design capacity of each flare and''; 
and
    (2) ``And the flare vent gas flow rate is less than the smokeless 
design capacity of the flare.''
    (c) The phrase ``and the flare vent gas flow rate is less than the 
smokeless design capacity of the flare'' in Sec.  63.670(d) does not 
apply.
    (d) Section 63.670(j)(6)(ii) does not apply. Instead submit the 
information required by Sec.  63.670(j)(6)(ii) with the Notification of 
Compliance Status according to Sec.  63.2382(d)(2)(ix).
    (e) Section 63.670(o) does not apply.
    (f) Substitute ``pilot flame or flare flame'' or each occurrence of 
``pilot flame.''
    (g) Substitute ``affected source'' for each occurrence of 
``petroleum refinery.''
    (h) Each occurrence of ``refinery'' does not apply.
    (i) You may elect to comply with the alternative means of emissions 
limitation requirements specified in Sec.  63.670(r)in lieu of the 
requirements in Sec.  63.670(d) through (f), as applicable. However, 
instead of complying with Sec.  63.670(r)(3)(iii), you must also submit 
the alternative means of emissions limitation request to the following 
address: U.S. Environmental Protection Agency, Office of Air Quality 
Planning and Standards, Sector Policies and Programs Division, U.S. EPA 
Mailroom (E143-01), Attention: Organic Liquids Distribution Sector 
Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. 
Electronic copies in lieu of hard copies may also be submitted to 
[email protected].
    (j) If you choose to determine compositional analysis for net 
heating value with a continuous process mass spectrometer, then you 
must comply with the requirements specified in paragraphs (j)(1) 
through (7) of this section.
    (1) You must meet the requirements in Sec.  63.671(e)(2). You may 
augment the minimum list of calibration gas components found in Sec.  
63.671(e)(2) with compounds found during a pre-survey or known to be in 
the gas through process knowledge.
    (2) Calibration gas cylinders must be certified to an accuracy of 2 
percent and traceable to National Institute of Standards and Technology 
(NIST) standards.
    (3) For unknown gas components that have similar analytical mass 
fragments to calibration compounds, you may report the unknowns as an 
increase in the overlapped calibration gas compound. For unknown 
compounds that produce mass fragments that do not overlap calibration 
compounds, you may use the response factor for the nearest molecular 
weight hydrocarbon in the calibration mix to quantify the unknown 
component's NHVvg.
    (4) You may use the response factor for n-pentane to quantify any 
unknown components detected with a higher molecular weight than n-
pentane.
    (5) You must perform an initial calibration to identify mass 
fragment overlap and response factors for the target compounds.
    (6) You must meet applicable requirements in Performance 
Specification (PS) 9 (40 CFR part 60, appendix B) for continuous 
monitoring system acceptance including, but not limited to, performing 
an initial multi-point calibration check at three concentrations 
following the procedure in Section 10.1 of PS 9 and performing the 
periodic calibration requirements listed for gas chromatographs in 
Table 13 to subpart CC of this part, for the process mass spectrometer. 
You may use the alternative sampling line temperature allowed under Net 
Heating Value by Gas Chromatograph in Table 13 to subpart CC of this 
part.
    (7) The average instrument calibration error (CE) for each 
calibration compound at any calibration concentration must not differ 
by more than 10 percent from the certified cylinder gas value. The CE 
for each component in the calibration blend must be calculated using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR07JY20.001

Where:

Cm = Average instrument response (ppm)
Ca = Certified cylinder gas value (ppm)

    (k) If you use a gas chromatograph or mass spectrometer for 
compositional analysis for net heating value, then you may choose to 
use the CE of NHV measured versus the cylinder tag value NHV as the 
measure of agreement for daily calibration and quarterly audits in lieu 
of determining the compound-specific CE. The CE for NHV at any 
calibration level must not differ by more than 10 percent from the 
certified cylinder gas value. The CE for must be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR07JY20.000

Where:

NHVmeasured = Average instrument response (Btu/scf)
NHVa = Certified cylinder gas value (Btu/scf)

    (l) Instead of complying with Sec.  63.670(p), you must keep the 
flare monitoring records specified in Sec.  63.2390(h).
    (m) Instead of complying with Sec.  63.670(q), you must comply with 
the reporting requirements specified in Sec.  63.2382(d)(2)(ix) and 
Sec.  63.2386(d)(5).

0
16. Section 63.2382 is amended by revising paragraphs (a), (d)(1), 
(d)(2) introductory text, (d)(2)(ii), (vi), and (vii), and adding 
paragraphs (d)(2)(ix) and (d)(3) to read as follows:


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

    (a) You must submit each notification in subpart SS of this part, 
Table 12 to this subpart, and paragraphs (b) through (d) of this 
section that applies to you. You must submit these notifications 
according to the schedule in Table 12 to this subpart and as specified 
in paragraphs (b) through (d) of this

[[Page 40768]]

section. You must also comply with the requirements specified in Sec.  
63.2346(l).
* * * * *
    (d) * * *
    (1) Notification of Compliance Status. If you are required to 
conduct a performance test, design evaluation, or other initial 
compliance demonstration as specified in Table 5, 6, or 7 to this 
subpart, you must submit a Notification of Compliance Status.
    (2) Notification of Compliance Status requirements. The 
Notification of Compliance Status must include the information required 
in Sec.  63.999(b) and in paragraphs (d)(2)(i) through (ix) of this 
section.
* * * * *
    (ii) The results of emissions profiles, performance tests, 
engineering analyses, design evaluations, flare compliance assessments, 
inspections and repairs, and calculations used to demonstrate initial 
compliance according to Tables 6 and 7 to this subpart. For performance 
tests, results must include descriptions of sampling and analysis 
procedures and quality assurance procedures. If performance test 
results are submitted electronically via CEDRI in accordance with Sec.  
63.2386(g), the unit(s) tested, the pollutant(s) tested, and the date 
that such performance test was conducted may be submitted in the 
Notification of Compliance Status in lieu of the performance test 
results. The performance test results must be submitted to CEDRI by the 
date the Notification of Compliance Status is submitted.
* * * * *
    (vi) The applicable information specified in Sec.  63.1039(a)(1) 
through (3) for all pumps and valves subject to the work practice 
standards for equipment leak components in Table 4 to this subpart, 
item 4.
    (vii) If you are complying with the vapor balancing work practice 
standard for transfer racks according to Table 4 to this subpart, item 
3.a, include a statement to that effect and a statement that the 
pressure vent settings on the affected storage tanks are greater than 
or equal to 2.5 psig.
* * * * *
    (ix) For flares subject to the requirements of Sec.  63.2380, you 
must also submit the information in this paragraph in a supplement to 
the Notification of Compliance Status within 150 days after the first 
applicable compliance date for flare monitoring. In lieu of the 
information required in Sec.  63.987(b), the Notification of Compliance 
Status must include flare design (e.g., steam-assisted, air-assisted, 
or non-assisted); all visible emission readings, heat content 
determinations (including information required by Sec.  
63.670(j)(6)(i), as applicable), flow rate measurements, and exit 
velocity determinations made during the initial visible emissions 
demonstration required by Sec.  63.670(h), as applicable; and all 
periods during the compliance determination when the pilot flame or 
flare flame is absent.
    (3) Submitting Notification of Compliance Status. Beginning no 
later than the compliance dates specified in Sec.  63.2342(e), you must 
submit all subsequent Notification of Compliance Status reports to the 
EPA via CEDRI, which can be accessed through EPA's Central Data 
Exchange (CDX) (https://cdx.epa.gov/). If you claim some of the 
information required to be submitted via CEDRI is confidential business 
information (CBI), then submit a complete report, including information 
claimed to be CBI, to the EPA. Submit the file on a compact disc, flash 
drive, or other commonly used electronic storage medium and clearly 
mark the medium as CBI. Mail the electronic medium to U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom 
(C404-02), Attention: Organic Liquids Distribution Sector Lead, 4930 
Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must 
be submitted to the EPA via EPA's CDX as described earlier in this 
paragraph. You may assert a claim of EPA system outage or force majeure 
for failure to timely comply with this reporting requirement provided 
you meet the requirements outlined in Sec.  63.2386(i) or (j), as 
applicable.

0
17. Section 63.2386 is amended by:
0
a. Revising paragraphs (a), (b) introductory text, (c) introductory 
text, (c)(2), (3), (5), and (9);
0
b. Adding paragraphs (c)(11) and (12);
0
c. Revising paragraph (d) introductory text, (d)(1) introductory text, 
(d)(1)(i) through (d)(1)(vii), (ix), and (x);
0
d. Adding paragraphs (d)(1)(xiii) through (xv);
0
e. Revising paragraph (d)(2)(i);
0
f. Adding paragraph (d)(2)(iv);
0
g. Revising paragraph (d)(3);
0
h. Adding paragraph (d)(5);
0
i. Revising paragraph (e); and
0
j. Adding paragraphs (f) through (j).
    The revisions and additions read as follows:


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

    (a) You must submit each report in subpart SS of this part, Table 
11 to this subpart, Table 12 to this subpart, and in paragraphs (c) 
through (j) of this section that applies to you. You must also comply 
with the requirements specified in Sec.  63.2346(l).
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
according to Table 11 to this subpart and by the dates shown in 
paragraphs (b)(1) through (3) of this section, by the dates shown in 
subpart SS of this part, and by the dates shown in Table 12 to this 
subpart, whichever are applicable.
* * * * *
    (c) First Compliance report. The first Compliance report must 
contain the information specified in paragraphs (c)(1) through (12) of 
this section, as well as the information specified in paragraph (d) of 
this section.
* * * * *
    (2) Statement by a responsible official, including the official's 
name, title, and signature, certifying that, based on information and 
belief formed after reasonable inquiry, the statements and information 
in the report are true, accurate, and complete. If your report is 
submitted via CEDRI, the certifier's electronic signature during the 
submission process replaces this requirement.
    (3) Date of report and beginning and ending dates of the reporting 
period. You are no longer required to provide the date of report when 
the report is submitted via CEDRI.
* * * * *
    (5) Except as specified in paragraph (c)(11) of this section, if 
you had a SSM during the reporting period and you took actions 
consistent with your SSM plan, the Compliance report must include the 
information described in Sec.  63.10(d)(5)(i).
* * * * *
    (9) A listing of all transport vehicles into which organic liquids 
were loaded at transfer racks that are subject to control based on the 
criteria specified in Table 2 to this subpart, items 7 through 10, 
during the previous 6 months for which vapor tightness documentation as 
required in Sec.  63.2390(c) was not on file at the facility.
* * * * *
    (11) Beginning no later than the compliance dates specified in 
Sec.  63.2342(e), paragraph (c)(5) of this section no longer applies.
    (12) Beginning no later than the compliance dates specified in 
Sec.  63.2342(e), for bypass lines subject to the requirements Sec.  
63.2378(e)(1) and (2), the compliance report must include the start 
date, start time, duration in hours, estimate of the volume of gas in

[[Page 40769]]

standard cubic feet (scf), the concentration of organic HAP in the gas 
in ppmv and the resulting mass emissions of organic HAP in pounds that 
bypass a control device. For periods when the flow indicator is not 
operating, report the start date, start time, and duration in hours.
    (d) Subsequent Compliance reports. Subsequent Compliance reports 
must contain the information in paragraphs (c)(1) through (9) and 
paragraph (c)(12) of this section and, where applicable, the 
information in paragraphs (d)(1) through (5) of this section.
    (1) For each deviation from an emission limitation occurring at an 
affected source where you are using a CMS to comply with an emission 
limitation in this subpart, or for each CMS that was inoperative or out 
of control during the reporting period, you must include in the 
Compliance report the applicable information in paragraphs (d)(1)(i) 
through (xv) of this section. This includes periods of SSM.
    (i) The date and time that each malfunction started and stopped, 
and the nature and cause of the malfunction (if known).
    (ii) The start date, start time, and duration in hours for each 
period that each CMS was inoperative, except for zero (low-level) and 
high-level checks.
    (iii) The start date, start time, and duration in hours for each 
period that the CMS that was out of control.
    (iv) Except as specified in paragraph (d)(1)(xiii) of this section, 
the date and time that each deviation started and stopped, and whether 
each deviation occurred during a period of SSM, or during another 
period.
    (v) The total duration in hours of all deviations for each CMS 
during the reporting period, and the total duration as a percentage of 
the total emission source operating time during that reporting period.
    (vi) Except as specified in paragraph (d)(1)(xiii) of this section, 
a breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (vii) The total duration in hours of CMS downtime for each CMS 
during the reporting period, and the total duration of CMS downtime as 
a percentage of the total emission source operating time during that 
reporting period.
* * * * *
    (ix) A brief description of the emission source(s) at which the CMS 
deviation(s) occurred or at which the CMS was inoperative or out of 
control.
    (x) The equipment manufacturer(s) and model number(s) of the CMS 
and the pollutant or parameter monitored.
* * * * *
    (xiii) Beginning no later than the compliance dates specified in 
Sec.  63.2342(e), paragraphs (d)(1)(iv) and (vi) of this section no 
longer apply. For each instance, report the start date, start time, and 
duration in hours of each failure. For each failure, the report must 
include a list of the affected sources or equipment, an estimate of the 
quantity in pounds of each regulated pollutant emitted over any 
emission limit, a description of the method used to estimate the 
emissions, and the cause of the deviation (including unknown cause, if 
applicable), as applicable, and the corrective action taken.
    (xiv) Corrective actions taken for a CMS that was inoperative or 
out of control.
    (xv) Total process operating time during the reporting period.
    (2) * * *
    (i) Except as specified in paragraph (d)(2)(iv) of this section, 
for each storage tank and transfer rack subject to control 
requirements, include periods of planned routine maintenance during 
which the control device did not comply with the applicable emission 
limits in Table 2 to this subpart.
* * * * *
    (iv) Beginning no later than the compliance dates specified in 
Sec.  63.2342(e), paragraph (d)(2)(i) of this section no longer 
applies. Instead for each storage tank subject to control requirements, 
include the start date, start time, end date and end time of any 
planned routine maintenance during which the control device used to 
control storage tank breathing losses did not comply with the 
applicable emission limits in Table 2 or 2b to this subpart.
    (3)(i) Except as specified in paragraph (d)(3)(iii) of this 
section, a listing of any storage tank that became subject to controls 
based on the criteria for control specified in Table 2 to this subpart, 
items 1 through 6, since the filing of the last Compliance report.
    (ii) A listing of any transfer rack that became subject to controls 
based on the criteria for control specified in Table 2 to this subpart, 
items 7 through 10, since the filing of the last Compliance report.
    (iii) Beginning no later than the compliance dates specified in 
Sec.  63.2342(e), the emission limits specified in Table 2 to this 
subpart for storage tanks at an existing affected source no longer 
apply as specified in Sec.  63.2346(a)(5). Instead, beginning no later 
than the compliance dates specified in Sec.  63.2342(e), you must 
include a listing of any storage tanks at an existing affected source 
that became subject to controls based on the criteria for control 
specified in Table 2b to this subpart, items 1 through 3, since the 
filing of the last Compliance report.
* * * * *
    (5) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), for each flare subject to the requirements in Sec.  
63.2380, the compliance report must include the items specified in 
paragraphs (d)(5)(i) through (iii) of this section in lieu of the 
information required in Sec.  63.999(c)(3).
    (i) Records as specified in Sec.  63.2390(h)(1) for each 15-minute 
block during which there was at least one minute when regulated 
material is routed to a flare and no pilot flame or flare flame is 
present. Include the start and stop time and date of each 15-minute 
block.
    (ii) Visible emission records as specified in Sec.  
63.2390(h)(2)(iv) for each period of 2 consecutive hours during which 
visible emissions exceeded a total of 5 minutes.
    (iii) The periods specified in Sec.  63.2390(h)(6). Indicate the 
date and start and end time for the period, and the net heating value 
operating parameter(s) determined following the methods in Sec.  
63.670(k) through (n) as applicable.
    (e) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If 
an affected source submits a Compliance report pursuant to Table 11 to 
this subpart along with, or as part of, the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and 
the Compliance report includes all required information concerning 
deviations from any emission limitation in this subpart, we will 
consider submission of the Compliance report as satisfying any 
obligation to report the same deviations in the semiannual monitoring 
report. However, submission of a Compliance report will not otherwise 
affect any obligation the affected source may have to report deviations 
from permit requirements to the applicable title V permitting 
authority.
    (f) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), you must submit all Compliance reports to the EPA via 
CEDRI, which can be accessed through

[[Page 40770]]

EPA's CDX (https://cdx.epa.gov/). You must use the appropriate 
electronic report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date report templates 
become available will be listed on the CEDRI website. Unless the 
Administrator or delegated state agency or other authority has approved 
a different schedule for submission of reports under Sec. Sec.  63.9(i) 
and 63.10(a), the report must be submitted by the deadline specified in 
this subpart, regardless of the method in which the report is 
submitted. If you claim some of the information required to be 
submitted via CEDRI is CBI, submit a complete report, including 
information claimed to be CBI, to the EPA. The report must be generated 
using the appropriate form on the CEDRI website or an alternate 
electronic file consistent with the extensible markup language (XML) 
schema listed on the CEDRI website. Submit the file on a compact disc, 
flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom 
(C404-02), Attention: Organic Liquids Distribution Sector Lead, 4930 
Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must 
be submitted to the EPA via EPA's CDX as described earlier in this 
paragraph. You may assert a claim of EPA system outage or force majeure 
for failure to timely comply with this reporting requirement provided 
you meet the requirements outlined in paragraph (i) or (j) of this 
section, as applicable.
    (g) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), you must start submitting performance test reports in 
accordance with this paragraph. Unless otherwise specified in this 
subpart, within 60 days after the date of completing each performance 
test required by this subpart, you must submit the results of the 
performance test following the procedures specified in paragraphs 
(g)(1) through (3) of this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via CEDRI, which can be accessed through 
the EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the XML schema listed 
on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment 
in the ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the ERT generated 
package or alternative file to the EPA via CEDRI.
    (3) CBI. If you claim some of the information submitted under 
paragraph (g)(1) or (2) of this section is CBI, then you must submit a 
complete file, including information claimed to be CBI, to the EPA. The 
file must be generated through the use of the EPA's ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the file on a compact disc, flash drive, or other 
commonly used electronic storage medium and clearly mark the medium as 
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be 
submitted to the EPA via EPA's CDX as described in paragraphs (g)(1) 
and (2) of this section.
    (h) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), you must start submitting performance evaluation reports in 
accordance with this paragraph. Unless otherwise specified in this 
subpart, within 60 days after the date of completing each CEMS 
performance evaluation (as defined in Sec.  63.2), you must submit the 
results of the performance evaluation following the procedures 
specified in paragraphs (h)(1) through (3) of this section.
    (1) Performance evaluations of CEMS measuring relative accuracy 
test audit (RATA) pollutants that are supported by the EPA's ERT as 
listed on the EPA's ERT website at the time of the evaluation. Submit 
the results of the performance evaluation to the EPA via CEDRI, which 
can be accessed through the EPA's CDX. The data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the XML schema listed 
on the EPA's ERT website.
    (2) Performance evaluations of CEMS measuring RATA pollutants that 
are not supported by the EPA's ERT as listed on the EPA's ERT website 
at the time of the evaluation. The results of the performance 
evaluation must be included as an attachment in the ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the ERT generated package or alternative file to the 
EPA via CEDRI.
    (3) CBI. If you claim some of the information submitted under 
paragraph (h)(1) or (2) of this section is CBI, then you must submit a 
complete file, including information claimed to be CBI, to the EPA. The 
file must be generated through the use of the EPA's ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the file on a compact disc, flash drive, or other 
commonly used electronic storage medium and clearly mark the medium as 
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be 
submitted to the EPA via the EPA's CDX as described in paragraphs 
(h)(1) and (2) of this section.
    (i) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for 
failure to timely comply with the reporting requirement. To assert a 
claim of EPA system outage, you must meet the requirements outlined in 
paragraphs (i)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI 
and submitting a required report within the time prescribed due to an 
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and

[[Page 40771]]

    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (j) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of force majeure for 
failure to timely comply with the reporting requirement. To assert a 
claim of force majeure, you must meet the requirements outlined in 
paragraphs (j)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior 
to the date the submission is due. For the purposes of this paragraph, 
a force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, 
its contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

0
18. Section 63.2390 is amended by:
0
a. Revising paragraphs (b)(1) and (2);
0
b. Adding paragraph (b)(3);
0
c. Revising paragraphs (c) introductory text, (c)(2) and (3), and (d); 
and
0
d. Adding paragraphs (f) through (h).
    The revisions and additions read as follows:


Sec.  63.2390  What records must I keep?

* * * * *
    (b) * * *
    (1) Except as specified in paragraph (h) of this section for 
flares, you must keep all records identified in subpart SS of this part 
and in Table 12 to this subpart that are applicable, including records 
related to notifications and reports, SSM, performance tests, CMS, and 
performance evaluation plans. You must also comply with the 
requirements specified in Sec.  63.2346(l).
    (2) Except as specified in paragraph (h) of this section for 
flares, you must keep the records required to show continuous 
compliance, as required in subpart SS of this part and in Tables 8 
through 10 to this subpart, with each emission limitation, operating 
limit, and work practice standard that applies to you. You must also 
comply with the requirements specified in Sec.  63.2346(l).
    (3) In addition to the information required in Sec.  63.998(c), the 
manufacturer's specifications or your written procedures must include a 
schedule for calibrations, preventative maintenance procedures, a 
schedule for preventative maintenance, and corrective actions to be 
taken if a calibration fails.
    (c) For each transport vehicle into which organic liquids are 
loaded at a transfer rack that is subject to control based on the 
criteria specified in Table 2 to this subpart, items 7 through 10, you 
must keep the applicable records in paragraphs (c)(1) and (2) of this 
section or alternatively the verification records in paragraph (c)(3) 
of this section.
* * * * *
    (2) For transport vehicles without vapor collection equipment, 
current certification in accordance with the U.S. DOT qualification and 
maintenance requirements in 49 CFR part 180, subpart E for cargo tanks 
and subpart F for tank cars.
    (3) In lieu of keeping the records specified in paragraph (c)(1) or 
(2) of this section, as applicable, the owner or operator shall record 
that the verification of U.S. DOT tank certification or Method 27 of 40 
CFR part 60, appendix A-8 testing, required in Table 5 to this subpart, 
item 2, has been performed. Various methods for the record of 
verification can be used, such as: A check-off on a log sheet, a list 
of U.S. DOT serial numbers or Method 27 data, or a position description 
for gate security showing that the security guard will not allow any 
trucks on site that do not have the appropriate documentation.
    (d) You must keep records of the total actual annual facility-level 
organic liquid loading volume as defined in Sec.  63.2406 through 
transfer racks to document the applicability, or lack thereof, of the 
emission limitations in Table 2 to this subpart, items 7 through 10.
* * * * *
    (f) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), for each deviation from an emission limitation, operating 
limit, and work practice standard specified in paragraph (a) of this 
section, you must keep a record of the information specified in 
paragraph (f)(1) through (3) of this section.
    (1) In the event that an affected unit fails to meet an applicable 
standard, record the number of failures. For each failure record the 
date, time and duration of each failure.
    (2) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, an estimate of the 
quantity of each regulated pollutant emitted over any emission limit 
and a description of the method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with 
Sec.  63.2350(d) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (g) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), for each flow event from a bypass line subject to the 
requirements in Sec.  63.2378(e)(1) and (2), you must maintain records 
sufficient to determine whether or not the detected flow included flow 
requiring control. For each flow event from a bypass line requiring 
control that is released either directly to the atmosphere or to a 
control device not meeting the requirements specified in Sec.  
63.2378(a), you must include an estimate of the volume of gas, the 
concentration of organic HAP in the gas and the resulting emissions of 
organic HAP that bypassed the control device using process knowledge 
and engineering estimates.
    (h) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), for each flare subject to the

[[Page 40772]]

requirements in Sec.  63.2380, you must keep records specified in 
paragraphs (h)(1) through (10) of this section in lieu of the 
information required in Sec.  63.998(a)(1).
    (1) Retain records of the output of the monitoring device used to 
detect the presence of a pilot flame or flare flame as required in 
Sec.  63.670(b) for a minimum of 2 years. Retain records of each 15-
minute block during which there was at least one minute that no pilot 
flame or flare flame is present when regulated material is routed to a 
flare for a minimum of 5 years. You may reduce the collected minute-by-
minute data to a 15-minute block basis with an indication of whether 
there was at least one minute where no pilot flame or flare flame was 
present.
    (2) Retain records of daily visible emissions observations or video 
surveillance images required in Sec.  63.670(h) as specified in 
paragraphs (h)(2)(i) through (iv) of this section, as applicable, for a 
minimum of 3 years.
    (i) To determine when visible emissions observations are required, 
the record must identify all periods when regulated material is vented 
to the flare.
    (ii) If visible emissions observations are performed using Method 
22 of 40 CFR part 60, appendix A-7, then the record must identify 
whether the visible emissions observation was performed, the results of 
each observation, total duration of observed visible emissions, and 
whether it was a 5-minute or 2-hour observation. Record the date and 
start and end time of each visible emissions observation.
    (iii) If a video surveillance camera is used, then the record must 
include all video surveillance images recorded, with time and date 
stamps.
    (iv) For each 2-hour period for which visible emissions are 
observed for more than 5 minutes in 2 consecutive hours, then the 
record must include the date and start and end time of the 2-hour 
period and an estimate of the cumulative number of minutes in the 2-
hour period for which emissions were visible.
    (3) The 15-minute block average cumulative flows for flare vent gas 
and, if applicable, total steam, perimeter assist air, and premix 
assist air specified to be monitored under Sec.  63.670(i), along with 
the date and time interval for the 15-minute block. If multiple 
monitoring locations are used to determine cumulative vent gas flow, 
total steam, perimeter assist air, and premix assist air, then retain 
records of the 15-minute block average flows for each monitoring 
location for a minimum of 2 years, and retain the 15-minute block 
average cumulative flows that are used in subsequent calculations for a 
minimum of 5 years. If pressure and temperature monitoring is used, 
then retain records of the 15-minute block average temperature, 
pressure, and molecular weight of the flare vent gas or assist gas 
stream for each measurement location used to determine the 15-minute 
block average cumulative flows for a minimum of 2 years, and retain the 
15-minute block average cumulative flows that are used in subsequent 
calculations for a minimum of 5 years.
    (4) The flare vent gas compositions specified to be monitored under 
Sec.  63.670(j). Retain records of individual component concentrations 
from each compositional analysis for a minimum of 2 years. If an NHVvg 
analyzer is used, retain records of the 15-minute block average values 
for a minimum of 5 years.
    (5) Each 15-minute block average operating parameter calculated 
following the methods specified in Sec.  63.670(k) through (n), as 
applicable.
    (6) All periods during which operating values are outside of the 
applicable operating limits specified in Sec.  63.670(d) through (f) 
when regulated material is being routed to the flare.
    (7) All periods during which you do not perform flare monitoring 
according to the procedures in Sec.  63.670(g).
    (8) Records of periods when there is flow of vent gas to the flare, 
but when there is no flow of regulated material to the flare, including 
the start and stop time and dates of periods of no regulated material 
flow.
    (9) The monitoring plan required in Sec.  63.671(b).
    (10) Records described in Sec.  63.10(b)(2)(vi).

0
19. Section 63.2396 is amended by:
0
a. Revising paragraph (a)(3);
0
b. Adding paragraph (a)(4);
0
c. Revising paragraph (c)(1) and (2);
0
d. Adding paragraph (d); and
0
e. Revising paragraph (e)(2).
    The revisions and additions read as follows:


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

    (a) * * *
    (3) Except as specified in paragraph (a)(4) of this section, as an 
alternative to paragraphs (a)(1) and (2) of this section, if a storage 
tank assigned to the OLD affected source is subject to control under 40 
CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may elect to 
comply only with the requirements of this subpart for storage tanks 
meeting the applicability criteria for control in Table 2 to this 
subpart.
    (4) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), the applicability criteria for control specified in Table 2 
to this subpart for storage tanks at an existing affected source no 
longer apply as specified in Sec.  63.2346(a)(5). Instead, beginning no 
later than the compliance dates specified in Sec.  63.2342(e), as an 
alternative to paragraphs (a)(1) and (2) of this section, if a storage 
tank assigned to an existing OLD affected source is subject to control 
under 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may 
elect to comply only with the requirements of this subpart for storage 
tanks at an existing affected source meeting the applicability criteria 
for control in Table 2b to this subpart.
* * * * *
    (c) * * *
    (1) After the compliance dates specified in Sec.  63.2342, if you 
have pumps, valves, or sampling connections that are subject to a 40 
CFR part 60 subpart, and those pumps, valves, and sampling connections 
are in OLD operation and in organic liquids service, as defined in this 
subpart, you must comply with the provisions of each subpart for those 
equipment leak components.
    (2) After the compliance dates specified in Sec.  63.2342, if you 
have pumps, valves, or sampling connections subject to subpart GGG of 
this part, and those pumps, valves, and sampling connections are in OLD 
operation and in organic liquids service, as defined in this subpart, 
you may elect to comply with the provisions of this subpart for all 
such equipment leak components. You must identify in the Notification 
of Compliance Status required by Sec.  63.2382(b) the provisions with 
which you will comply.
    (d) Overlap of subpart EEEE with other regulations for flares for 
the OLD source category. (1) Beginning no later than the compliance 
dates specified in Sec.  63.2342(e), flares that are subject to Sec.  
60.18 of this chapter or Sec.  63.11 and used as a control device for 
an emission point subject to the requirements in Tables 2 or 2b to of 
this subpart are required to comply only with Sec.  63.2380. At any 
time before the compliance dates specified in Sec.  63.2342(e), flares 
that are subject to Sec.  60.18 or Sec.  63.11 and elect to comply with 
Sec.  63.2380 are required to comply only with Sec.  63.2380.
    (2) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), flares that are subject to Sec.  63.987 and used as a 
control device for an emission point subject to the requirements in 
Tables 2 or 2b to this subpart are required to comply only with Sec.  
63.2380. At any time before the compliance dates specified in

[[Page 40773]]

Sec.  63.2342(e), flares that are subject to Sec. Sec.  63.987 and 
elect to comply with Sec.  63.2380 are required to comply only with 
Sec.  63.2380.
    (3) Beginning no later than the compliance dates specified in Sec.  
63.2342(e), flares that are subject to the requirements of subpart CC 
of this part and used as a control device for an emission point subject 
to the requirements in Tables 2 or 2b to this subpart are required to 
comply only with the flare requirements in subpart CC of this part.
    (e) * * *
    (2) Equipment leak components. After the compliance dates specified 
in Sec.  63.2342, if you are applying the applicable recordkeeping and 
reporting requirements of another subpart of this part to the valves, 
pumps, and sampling connection systems associated with a transfer rack 
subject to this subpart that only unloads organic liquids directly to 
or via pipeline to a non-tank process unit component or to a storage 
tank subject to the other subpart of this part, the owner or operator 
must be in compliance with the recordkeeping and reporting requirements 
of this subpart EEEE. If complying with the recordkeeping and reporting 
requirements of the other subpart satisfies the recordkeeping and 
reporting requirements of this subpart, the owner or operator may elect 
to continue to comply with the recordkeeping and reporting requirements 
of the other subpart. In such instances, the owner or operator will be 
deemed to be in compliance with the recordkeeping and reporting 
requirements of this subpart. The owner or operator must identify the 
other subpart being complied with in the Notification of Compliance 
Status required by Sec.  63.2382(d).

0
20. Section 63.2402 is amended by revising paragraph (b) introductory 
text and adding paragraph (b)(5) to read as follows:


Sec.  63.2402   Who implements and enforces this subpart?

* * * * *
    (b) In delegating implementation and enforcement authority for this 
subpart to a State, local, or eligible tribal agency under subpart E of 
this part, the authorities contained in paragraphs (b)(1) through (5) 
of this section are retained by the EPA Administrator and are not 
delegated to the State, local, or eligible tribal agency.
* * * * *
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.

0
21. Section 63.2406 is amended by:
0
a. Revising the definition of ``Annual average true vapor pressure'';
0
b. Adding in alphabetical order a definition for ``Condensate'';
0
c. Revising the definitions of ``Deviation'' and ``Equipment leak 
component'';
0
d. Adding in alphabetical order a definition for ``Force majeure 
event'';
0
e. Revising the definition of ``Organic liquid'';
0
f. Adding definitions in alphabetical order for ``Pressure relief 
device'' and ``Relief valve''; and
0
g. Revising the definition of ``Vapor-tight transport vehicle''.
    The revisions and additions read as follows:


Sec.  63.2406   What definitions apply to this subpart?

* * * * *
    Annual average true vapor pressure means the equilibrium partial 
pressure exerted by the total organic HAP in Table 1 to this subpart in 
the stored or transferred organic liquid. For the purpose of 
determining if a liquid meets the definition of an organic liquid, the 
vapor pressure is determined using conditions of 77 degrees Fahrenheit 
and 29.92 inches of mercury. For the purpose of determining whether an 
organic liquid meets the applicability criteria in Table 2 to this 
subpart, items 1 through 6, or Table 2b to this subpart, items 1 
through 3, use the actual annual average temperature as defined in this 
subpart. The vapor pressure value in either of these cases is 
determined:
    (1) Using standard reference texts;
    (2) By ASTM D6378-18a (incorporated by reference, see Sec.  63.14) 
using a vapor to liquid ratio of 4:1; or
    (3) Using any other method that the EPA approves.
* * * * *
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in the temperature or pressure, or both, and 
remains liquid at standard conditions as specified in Sec.  63.2. Only 
those condensates downstream of the first point of custody transfer 
after the production field are considered condensates in this subpart.
* * * * *
    Deviation means any instance in which an affected source subject to 
this subpart, or portion thereof, or an owner or operator of such a 
source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart, and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Before July 7, 2023, fails to meet any emission limitation 
(including any operating limit) or work practice standard in this 
subpart during SSM. On and after July 7, 2023, this paragraph no longer 
applies.
* * * * *
    Equipment leak component means each pump, valve, and sampling 
connection system used in organic liquids service at an OLD operation. 
Valve types include control, globe, gate, plug, and ball. Relief and 
check valves are excluded.
    Force majeure event means a release of HAP, either directly to the 
atmosphere from a safety device or discharged via a flare, that is 
demonstrated to the satisfaction of the Administrator to result from an 
event beyond the owner or operator's control, such as natural 
disasters; acts of war or terrorism; loss of a utility external to the 
OLD operation (e.g., external power curtailment), excluding power 
curtailment due to an interruptible service agreement; and fire or 
explosion originating at a near or adjoining facility outside of the 
OLD operation that impacts the OLD operation's ability to operate.
* * * * *
    Organic liquid means:
    (1) Any non-crude oil liquid, non-condensate liquid, or liquid 
mixture that contains 5 percent by weight or greater of the organic HAP 
listed in Table 1 to this subpart, as determined using the procedures 
specified in Sec.  63.2354(c).
    (2) Any crude oils or condensates downstream of the first point of 
custody transfer.
    (3) Organic liquids for purposes of this subpart do not include the 
following liquids:
    (i) Gasoline (including aviation gasoline), kerosene (No. 1 
distillate oil), diesel (No. 2 distillate oil), asphalt, and heavier 
distillate oils and fuel oils;
    (ii) Any fuel consumed or dispensed on the plant site directly to 
users (such as fuels for fleet refueling or for refueling marine 
vessels that support the operation of the plant);
    (iii) Hazardous waste;
    (iv) Wastewater;
    (v) Ballast water; or
    (vi) Any non-crude oil or non-condensate liquid with an annual 
average true vapor pressure less than 0.7 kilopascals (0.1 psia).
* * * * *

[[Page 40774]]

    Pressure relief device means a valve, rupture disk, or similar 
device used only to release an unplanned, nonroutine discharge of gas 
from process equipment in order to avoid safety hazards or equipment 
damage. A pressure relief device discharge can result from an operator 
error, a malfunction such as a power failure or equipment failure, or 
other unexpected cause. Such devices include conventional, spring-
actuated relief valves, balanced bellows relief valves, pilot-operated 
relief valves, rupture disks, and breaking, buckling, or shearing pin 
devices.
    Relief valve means a type of pressure relief device that is 
designed to re-close after the pressure relief.
* * * * *
    Vapor-tight transport vehicle means a transport vehicle that has 
been demonstrated to be vapor-tight. To be considered vapor-tight, a 
transport vehicle equipped with vapor collection equipment must undergo 
a pressure change of no more than 250 pascals (1 inch of water) within 
5 minutes after it is pressurized to 4,500 pascals (18 inches of 
water). This capability must be demonstrated annually using the 
procedures specified in Method 27 of 40 CFR part 60, appendix A-8. For 
all other transport vehicles, vapor tightness is demonstrated by 
performing the U.S. DOT pressure test procedures for tank cars and 
cargo tanks.
* * * * *

0
22. Table 2 to subpart EEEE of Part 63 is revised to read as follows:

Table 2 to Subpart EEEE of Part 63--Emission Limits

------------------------------------------------------------------------
                                                      Then you must . .
 If you own or operate . . .      And if . . .              .\1\
------------------------------------------------------------------------
1. A storage tank at an       a. The stored         i. Reduce emissions
 existing affected source      organic liquid is     of total organic
 with a capacity >=18.9        not crude oil or      HAP (or, upon
 cubic meters (5,000           condensate and if     approval, TOC) by
 gallons) and <189.3 cubic     the annual average    at least 95 weight-
 meters (50,000 gallons) \2\.  true vapor pressure   percent or, as an
                               of the total Table    option, to an
                               1 organic HAP in      exhaust
                               the stored organic    concentration less
                               liquid is >=27.6      than or equal to 20
                               kilopascals (4.0      ppmv, on a dry
                               psia) and <76.6       basis corrected to
                               kilopascals (11.1     3-percent oxygen
                               psia).                for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     applicable
                                                     requirements of
                                                     subpart SS of this
                                                     part and Sec.
                                                     63.2346(l); OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, items 1.a,
                                                     1.b, or 1.c for
                                                     tanks storing
                                                     liquids described
                                                     in that table.
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
2. A storage tank at an       a. The stored         i. See the
 existing affected source      organic liquid is     requirement in item
 with a capacity >=189.3       not crude oil or      1.a.i or 1.a.ii of
 cubic meters (50,000          condensate and if     this table.
 gallons).                     the annual average
                               true vapor pressure
                               of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is <76.6
                               kilopascals (11.1
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
3. A storage tank at a        a. The stored         i. See the
 reconstructed or new          organic liquid is     requirement in item
 affected source with a        not crude oil or      1.a.i or 1.a.ii of
 capacity >=18.9 cubic         condensate and if     this table.
 meters (5,000 gallons) and    the annual average
 <37.9 cubic meters (10,000    true vapor pressure
 gallons).                     of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is >=27.6
                               kilopascals (4.0
                               psia) and <76.6
                               kilopascals (11.1
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
4. A storage tank at a        a. The stored         i. See the
 reconstructed or new          organic liquid is     requirement in item
 affected source with a        not crude oil or      1.a.i or 1.a.ii of
 capacity >=37.9 cubic         condensate and if     this table.
 meters (10,000 gallons) and   the annual average
 <189.3 cubic meters (50,000   true vapor pressure
 gallons).                     of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is >=0.7
                               kilopascals (0.1
                               psia) and <76.6
                               kilopascals (11.1
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
5. A storage tank at a        a. The stored         i. See the
 reconstructed or new          organic liquid is     requirement in item
 affected source with a        not crude oil or      1.a.i or 1.a.ii of
 capacity >=189.3 cubic        condensate and if     this table.
 meters (50,000 gallons).      the annual average
                               true vapor pressure
                               of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is <76.6
                               kilopascals (11.1
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.

[[Page 40775]]

 
6. A storage tank at an       a. The stored         i. Reduce emissions
 existing, reconstructed, or   organic liquid is     of total organic
 new affected source meeting   not crude oil or      HAP (or, upon
 the capacity criteria         condensate and if     approval, TOC) by
 specified in Table 2 to       the annual average    at least 95 weight-
 this subpart, items 1         true vapor pressure   percent or, as an
 through 5.                    of the total Table    option, to an
                               1 organic HAP in      exhaust
                               the stored organic    concentration less
                               liquid is >=76.6      than or equal to 20
                               kilopascals (11.1     ppmv, on a dry
                               psia).                basis corrected to
                                                     3-percent oxygen
                                                     for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     applicable
                                                     requirements of
                                                     subpart SS of this
                                                     part and Sec.
                                                     63.2346(l); OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, item 2.a
                                                     or 2.b, for tanks
                                                     storing the liquids
                                                     described in that
                                                     table.
7. A transfer rack at an      a. The total Table 1  i. For all such
 existing facility where the   organic HAP content   loading arms at the
 total actual annual           of the organic        rack, reduce
 facility-level organic        liquid being loaded   emissions of total
 liquid loading volume         through one or more   organic HAP (or,
 through transfer racks is     of the transfer       upon approval, TOC)
 equal to or greater than      rack's arms is at     from the loading of
 800,000 gallons and less      least 98 percent by   organic liquids
 than 10 million gallons.      weight and is being   either by venting
                               loaded into a         the emissions that
                               transport vehicle.    occur during
                                                     loading through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     applicable
                                                     requirements of
                                                     subpart SS of this
                                                     part and Sec.
                                                     63.2346(l),
                                                     achieving at least
                                                     98 weight-percent
                                                     HAP reduction, OR,
                                                     as an option, to an
                                                     exhaust
                                                     concentration less
                                                     than or equal to 20
                                                     ppmv, on a dry
                                                     basis corrected to
                                                     3-percent oxygen
                                                     for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item 3
                                                     of Table 4 to this
                                                     subpart.
8. A transfer rack at an      a. One or more of     i. See the
 existing facility where the   the transfer rack's   requirements in
 total actual annual           arms is loading an    items 7.a.i and
 facility-level organic        organic liquid into   7.a.ii of this
 liquid loading volume         a transport vehicle.  table.
 through transfer racks is
 >=10 million gallons.
9. A transfer rack at a new   a. The total Table 1  i. See the
 facility where the total      organic HAP content   requirements in
 actual annual facility-       of the organic        items 7.a.i and
 level organic liquid          liquid being loaded   7.a.ii of this
 loading volume through        through one or more   table.
 transfer racks is less than   of the transfer
 800,000 gallons.              rack's arms is at
                               least 25 percent by
                               weight and is being
                               loaded into a
                               transport vehicle.
                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.
10. A transfer rack at a new  a. One or more of     i. See the
 facility where the total      the transfer rack's   requirements in
 actual annual facility-       arms is loading an    items 7.a.i and
 level organic liquid          organic liquid into   7.a.ii of this
 loading volume through        a transport vehicle.  table.
 transfer racks is equal to
 or greater than 800,000
 gallons.
                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.
------------------------------------------------------------------------
\1\ Beginning no later than the compliance dates specified in Sec.
  63.2342(e), for each storage tank and low throughput transfer rack, if
  you vent emissions through a closed vent system to a flare then you
  must comply with the requirements specified in Sec.   63.2346(k).
\2\ Beginning no later than the compliance dates specified in Sec.
  63.2342(e), the tank capacity criteria, liquid vapor pressure
  criteria, and emission limits specified for storage tanks at an
  existing affected source in Table 2 to this subpart, item 1 no longer
  apply. Instead, you must comply with the requirements as specified in
  Sec.   63.2346(a)(5) and Table 2b to this subpart.


0
23. Subpart EEEE of Part 63 is amended by adding Table 2b to read as 
follows:

Table 2b to Subpart EEEE of Part 63--Emission Limits For Storage Tanks 
At Certain Existing Affected Sources

    As stated in Sec.  63.2346(a)(5), beginning no later than the 
compliance dates specified in Sec.  63.2342(e), the requirements in 
this Table 2b to this subpart apply to storage tanks at an existing 
affected source in lieu of the requirements in Table 2 to this subpart, 
item 1 for storage tanks at an existing affected source.

[[Page 40776]]



------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
1. A storage tank at an       a. The stored         i. Reduce emissions
 existing affected source      organic liquid is     of total organic
 with a capacity >=18.9        not crude oil or      HAP (or, upon
 cubic meters (5,000           condensate and if     approval, TOC) by
 gallons) and <75.7 cubic      the annual average    at least 95 weight-
 meters (20,000 gallons).      true vapor pressure   percent or, as an
                               of the total Table    option, to an
                               1 organic HAP in      exhaust
                               the stored organic    concentration less
                               liquid is >=27.6      than or equal to 20
                               kilopascals (4.0      ppmv, on a dry
                               psia).                basis corrected to
                                                     3- percent oxygen
                                                     for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to a
                                                     flare meeting the
                                                     requirements of
                                                     Sec.  Sec.   63.983
                                                     and 63.2380, or by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     nonflare control
                                                     devices meeting the
                                                     applicable
                                                     requirements of
                                                     subpart SS of this
                                                     part and Sec.
                                                     63.2346(l); OR.
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, items 1.a,
                                                     1.b, or 1.c for
                                                     tanks storing
                                                     liquids described
                                                     in that table.
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or ii of this
                               condensate.           table.
2. A storage tank at an       a. The stored         i. See the
 existing affected source      organic liquid is     requirement in item
 with a capacity >=75.7        not crude oil or      1.a.i or ii of this
 cubic meters (20,000          condensate and if     table.
 gallons) and <151.4 cubic     the annual average
 meters (40,000 gallons).      true vapor pressure
                               of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is >=13.1
                               kilopascals (1.9
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or ii of this
                               condensate.           table.
3. A storage tank at an       a. The stored         i. See the
 existing affected source      organic liquid is     requirement in item
 with a capacity >=151.4       not crude oil or      1.a.i or ii of this
 cubic meters (40,000          condensate and if     table.
 gallons) and <189.3 cubic     the annual average
 meters (50,000 gallons).      true vapor pressure
                               of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is >=5.2
                               kilopascals (0.75
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or ii of this
                               condensate.           table.
------------------------------------------------------------------------


0
24. Table 3 to subpart EEEE of Part 63 is revised to read as follows:

Table 3 to Subpart EEEE of Part 63--Operating Limits--High Throughput 
Transfer Racks

    As stated in Sec.  63.2346(e), you must comply with the operating 
limits for existing, reconstructed, or new affected sources as follows:

------------------------------------------------------------------------
 For each existing, each reconstructed,
 and each new affected source using . .           You must . . .
                   .
------------------------------------------------------------------------
1. A thermal oxidizer to comply with an  Maintain the daily average fire
 emission limit in Table 2 to this        box or combustion zone
 subpart.                                 temperature greater than or
                                          equal to the reference
                                          temperature established during
                                          the design evaluation or
                                          performance test that
                                          demonstrated compliance with
                                          the emission limit.
2. A catalytic oxidizer to comply with   a. Replace the existing
 an emission limit in Table 2 to this     catalyst bed before the age of
 subpart.                                 the bed exceeds the maximum
                                          allowable age established
                                          during the design evaluation
                                          or performance test that
                                          demonstrated compliance with
                                          the emission limit; AND
                                         b. Maintain the daily average
                                          temperature at the inlet of
                                          the catalyst bed greater than
                                          or equal to the reference
                                          temperature established during
                                          the design evaluation or
                                          performance test that
                                          demonstrated compliance with
                                          the emission limit; AND
                                         c. Maintain the daily average
                                          temperature difference across
                                          the catalyst bed greater than
                                          or equal to the minimum
                                          temperature difference
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit.
3. An absorber to comply with an         a. Maintain the daily average
 emission limit in Table 2 to this        concentration level of organic
 subpart.                                 compounds in the absorber
                                          exhaust less than or equal to
                                          the reference concentration
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; OR
                                         b. Maintain the daily average
                                          scrubbing liquid temperature
                                          less than or equal to the
                                          reference temperature
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; AND

[[Page 40777]]

 
                                         Maintain the difference between
                                          the specific gravities of the
                                          saturated and fresh scrubbing
                                          fluids greater than or equal
                                          to the difference established
                                          during the design evaluation
                                          or performance test that
                                          demonstrated compliance with
                                          the emission limit.
4. A condenser to comply with an         a. Maintain the daily average
 emission limit in Table 2 to this        concentration level of organic
 subpart.                                 compounds at the condenser
                                          exit less than or equal to the
                                          reference concentration
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; OR
                                         b. Maintain the daily average
                                          condenser exit temperature
                                          less than or equal to the
                                          reference temperature
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit.
5. An adsorption system with adsorbent   a. Maintain the daily average
 regeneration to comply with an           concentration level of organic
 emission limit in Table 2 to this        compounds in the adsorber
 subpart.                                 exhaust less than or equal to
                                          the reference concentration
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; OR
                                         b. Maintain the total
                                          regeneration stream mass flow
                                          during the adsorption bed
                                          regeneration cycle greater
                                          than or equal to the reference
                                          stream mass flow established
                                          during the design evaluation
                                          or performance test that
                                          demonstrated compliance with
                                          the emission limit; AND
                                         Before the adsorption cycle
                                          commences, achieve and
                                          maintain the temperature of
                                          the adsorption bed after
                                          regeneration less than or
                                          equal to the reference
                                          temperature established during
                                          the design evaluation or
                                          performance test that
                                          demonstrated compliance with
                                          the emission limit; AND
                                         Achieve a pressure reduction
                                          during each adsorption bed
                                          regeneration cycle greater
                                          than or equal to the pressure
                                          reduction established during
                                          the design evaluation or
                                          performance test that
                                          demonstrated compliance with
                                          the emission limit.
6. An adsorption system without          a. Maintain the daily average
 adsorbent regeneration to comply with    concentration level of organic
 an emission limit in Table 2 to this     compounds in the adsorber
 subpart.                                 exhaust less than or equal to
                                          the reference concentration
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; OR
                                         b. Replace the existing
                                          adsorbent in each segment of
                                          the bed with an adsorbent that
                                          meets the replacement
                                          specifications established
                                          during the design evaluation
                                          or performance test before the
                                          age of the adsorbent exceeds
                                          the maximum allowable age
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; AND
                                         Maintain the temperature of the
                                          adsorption bed less than or
                                          equal to the reference
                                          temperature established during
                                          the design evaluation or
                                          performance test that
                                          demonstrated compliance with
                                          the emission limit.
7. A flare to comply with an emission    a. Except as specified in item
 limit in Table 2 to this subpart.        7.d of this table, comply with
                                          the equipment and operating
                                          requirements in Sec.
                                          63.987(a); AND
                                         b. Except as specified in item
                                          7.d of this table, conduct an
                                          initial flare compliance
                                          assessment in accordance with
                                          Sec.   63.987(b); AND
                                         c. Except as specified in item
                                          7.d of this table, install and
                                          operate monitoring equipment
                                          as specified in Sec.
                                          63.987(c).
                                         d. Beginning no later than the
                                          compliance dates specified in
                                          Sec.   63.2342(e), comply with
                                          the requirements in Sec.
                                          63.2380 instead of the
                                          requirements in Sec.   63.987
                                          and the provisions regarding
                                          flare compliance assessments
                                          at Sec.   63.997(a), (b), and
                                          (c).
8. Another type of control device to     Submit a monitoring plan as
 comply with an emission limit in Table   specified in Sec.  Sec.
 2 to this subpart.                       63.995(c) and 63.2366(b), and
                                          monitor the control device in
                                          accordance with that plan.
------------------------------------------------------------------------


0
25. Table 4 to subpart EEEE of Part 63 is revised to read as follows:

Table 4 to Subpart EEEE of Part 63--Work Practice Standards

    As stated in Sec.  63.2346, you may elect to comply with one of the 
work practice standards for existing, reconstructed, or new affected 
sources in the following table. If you elect to do so, . . .

------------------------------------------------------------------------
             For each . . .                       You must . . .
------------------------------------------------------------------------
1. Storage tank at an existing,          a. Comply with the requirements
 reconstructed, or new affected source    of 40 CFR part 63, subpart WW
 meeting any set of tank capacity and     (control level 2), if you
 organic HAP vapor pressure criteria      elect to meet 40 CFR part 63,
 specified in Table 2 to this subpart,    subpart WW (control level 2)
 items 1 through 5 or Table 2b to this    requirements as an alternative
 subpart, items 1 through 3.              to the emission limit in Table
                                          2 to this subpart, items 1
                                          through 5 or the emission
                                          limit in Table 2b to this
                                          subpart, items 1 through 3;
                                          OR.

[[Page 40778]]

 
                                         b. Comply with the requirements
                                          in Sec.  Sec.   63.2346(l) and
                                          63.984 for routing emissions
                                          to a fuel gas system or back
                                          to a process; OR.
                                         c. Comply with the requirements
                                          of Sec.   63.2346(a)(4) for
                                          vapor balancing emissions to
                                          the transport vehicle from
                                          which the storage tank is
                                          filled.
2. Storage tank at an existing,          a. Comply with the requirements
 reconstructed, or new affected source    in Sec.  Sec.   63.2346(l) and
 meeting any set of tank capacity and     63.984 for routing emissions
 organic HAP vapor pressure criteria      to a fuel gas system or back
 specified in Table 2 to this subpart,    to a process; OR
 item 6.                                 b. Comply with the requirements
                                          of Sec.   63.2346(a)(4) for
                                          vapor balancing emissions to
                                          the transport vehicle from
                                          which the storage tank is
                                          filled.
3. Transfer rack subject to control      a. If the option of a vapor
 based on the criteria specified in       balancing system is selected,
 Table 2 to this subpart, items 7         install and, during the
 through 10, at an existing,              loading of organic liquids,
 reconstructed, or new affected source.   operate a system that meets
                                          the requirements in Table 7 to
                                          this subpart, item 3.b.i and
                                          item 3.b.ii, as applicable; OR
                                         b. Comply with the requirements
                                          in Sec.  Sec.   63.2346(l) and
                                          63.984 during the loading of
                                          organic liquids, for routing
                                          emissions to a fuel gas system
                                          or back to a process.
4. Pump, valve, and sampling connection  Comply with Sec.   63.2346(l)
 that operates in organic liquids         and the requirements for
 service at least 300 hours per year at   pumps, valves, and sampling
 an existing, reconstructed, or new       connections in 40 CFR part 63,
 affected source.                         subpart TT (control level 1),
                                          subpart UU (control level 2),
                                          or subpart H.
5. Transport vehicles equipped with      Follow the steps in 40 CFR
 vapor collection equipment that are      60.502(e) to ensure that
 loaded at transfer racks that are        organic liquids are loaded
 subject to control based on the          only into vapor-tight
 criteria specified in Table 2 to this    transport vehicles, and comply
 subpart, items 7 through 10.             with the provisions in 40 CFR
                                          60.502(f), (g), (h), and (i),
                                          except substitute the term
                                          transport vehicle at each
                                          occurrence of tank truck or
                                          gasoline tank truck in those
                                          paragraphs.
6. Transport vehicles equipped without   Ensure that organic liquids are
 vapor collection equipment that are      loaded only into transport
 loaded at transfer racks that are        vehicles that have a current
 subject to control based on the          certification in accordance
 criteria specified in Table 2 to this    with the U.S. DOT
 subpart, items 7 through 10.             qualification and maintenance
                                          requirements in 49 CFR part
                                          180, subpart E for cargo tanks
                                          and subpart F for tank cars.
------------------------------------------------------------------------


0
26. Table 5 to subpart EEEE of Part 63 is revised to read as follows:

Table 5 to Subpart EEEE of Part 63--Requirements for Performance Tests 
and Design Evaluations

    As stated in Sec. Sec.  63.2354(a) and 63.2362, you must comply 
with the requirements for performance tests and design evaluations for 
existing, reconstructed, or new affected sources as follows:

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

[[Page 40779]]

 
                                                                                     (5) Method 25 or 25A   (A) TOC and            (i) The organic HAP
                                                                                      in appendix A-7 of     formaldehyde           used for the
                                                                                      40 CFR part 60, as     emissions, from any    calibration gas for
                                                                                      appropriate. Method    control device.        Method 25A in
                                                                                      316, Method 320 \4\,                          appendix A-7 of 40
                                                                                      or Method 323 in                              CFR part 60 must be
                                                                                      appendix A of this                            the single organic
                                                                                      part if you must                              HAP representing the
                                                                                      measure                                       largest percent by
                                                                                      formaldehyde. You                             volume of emissions;
                                                                                      may not use Methods                           AND
                                                                                      320 2 4 or 323 for                           (ii) During the
                                                                                      formaldehyde if the                           performance test,
                                                                                      gas stream contains                           you must establish
                                                                                      entrained water                               the operating
                                                                                      droplets.                                     parameter limits
                                                                                                                                    within which TOC
                                                                                                                                    emissions are
                                                                                                                                    reduced by the
                                                                                                                                    required weight-
                                                                                                                                    percent or, as an
                                                                                                                                    option for nonflare
                                                                                                                                    combustion devices,
                                                                                                                                    to 20-ppmv exhaust
                                                                                                                                    concentration.
                                                                                     (6) Method 18 \3\ in   (A) Total organic HAP  (i) During the
                                                                                      appendix A-6 of 40     and formaldehyde       performance test,
                                                                                      CFR part 60 or         emissions, from non-   you must establish
                                                                                      Method 320 2 4 of      combustion control     the operating
                                                                                      appendix A to this     devices.               parameter limits
                                                                                      part, as                                      within which total
                                                                                      appropriate. Method                           organic HAP
                                                                                      316, Method 320 2 4,                          emissions are
                                                                                      or Method 323 in                              reduced by the
                                                                                      appendix A of this                            required weight-
                                                                                      part for measuring                            percent.
                                                                                      formaldehyde. You
                                                                                      may not use Methods
                                                                                      320 or 323 if the
                                                                                      gas stream contains
                                                                                      entrained water
                                                                                      droplets.
                                     b. A design evaluation  Sec.   63.985(b)(1)(i)                                                During a design
                                      (for nonflare control                                                                         evaluation, you must
                                      devices) to determine                                                                         establish the
                                      the organic HAP (or,                                                                          operating parameter
                                      upon approval, TOC)                                                                           limits within which
                                      control efficiency of                                                                         total organic HAP,
                                      each nonflare control                                                                         (or, upon approval,
                                      device, or the                                                                                TOC) emissions are
                                      exhaust concentration                                                                         reduced by at least
                                      of each combustion                                                                            95 weight-percent
                                      control device.                                                                               for storage tanks or
                                                                                                                                    98 weight-percent
                                                                                                                                    for transfer racks,
                                                                                                                                    or, as an option for
                                                                                                                                    nonflare combustion
                                                                                                                                    devices, to 20-ppmv
                                                                                                                                    exhaust
                                                                                                                                    concentration.
2. Each transport vehicle that you   A performance test to                           Method 27 of appendix  Vapor tightness......  The pressure change
 own that is equipped with vapor      determine the vapor                             A of 40 CFR part 60.                          in the tank must be
 collection equipment and is loaded   tightness of the tank                                                                         no more than 250
 with organic liquids at a transfer   and then repair as                                                                            pascals (1 inch of
 rack that is subject to control      needed until it                                                                               water) in 5 minutes
 based on the criteria specified in   passes the test.                                                                              after it is
 Table 2 to this subpart, items 7                                                                                                   pressurized to 4,500
 through 10, at an existing,                                                                                                        pascals (18 inches
 reconstructed, or new affected                                                                                                     of water).
 source.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The manual method in American Society of Mechanical Engineers (ASME) PTC 19.10-1981-Part 10 (2010) (incorporated by reference, see Sec.   63.14) may
  be used instead of Method 3B in appendix A-2 of 40 CFR part 60 to determine oxygen concentration.
\2\ All compounds quantified by Method 320 of appendix A to this part must be validated according to Section 13.0 of Method 320.
\3\ ASTM D6420-18 (incorporated by reference, see Sec.   63.14) may be used instead of Method 18 of 40 CFR part 60, appendix A-6 to determine total HAP
  emissions, but if you use ASTM D6420-18, you must use it under the conditions specified in Sec.   63.2354(b)(3)(ii).
\4\ ASTM D6348-12e1 (incorporated by reference, see Sec.   63.14) may be used instead of Method 320 of appendix A to this part under the following
  conditions: the test plan preparation and implementation in the Annexes to ASTM D6348-12e1, Sections A1 through A8 are mandatory; the percent (%) R
  must be determined for each target analyte (Equation A5.5); %R must be 70% >= R <= 130%; if the %R value does not meet this criterion for a target
  compound, then the test data is not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical
  procedure should be adjusted before a retest); and the %R value for each compound must be reported in the test report and all field measurements must
  be corrected with the calculated %R value for that compound by using the following equation: Reported Results = ((Measured Concentration in Stack))/
  (%R) x 100.


[[Page 40780]]


0
27. Table 6 to subpart EEEE of Part 63 is amended by revising the rows 
for items 1 and 2 to read as follows:

Table 6 to Subpart EEEE of Part 63--Initial Compliance With Emission 
Limits

    As stated in Sec. Sec.  63.2370(a) and 63.2382(b), you must show 
initial compliance with the emission limits for existing, 
reconstructed, or new affected sources as follows:

------------------------------------------------------------------------
                                                          You have
       For each . . .           For the following   demonstrated initial
                              emission limit . . .  compliance  if . . .
------------------------------------------------------------------------
1. Storage tank at an         Reduce total organic  Total organic HAP
 existing, reconstructed, or   HAP (or, upon         (or, upon approval,
 new affected source meeting   approval, TOC)        TOC) emissions,
 any set of tank capacity      emissions by at       based on the
 and liquid organic HAP        least 95 weight-      results of the
 vapor pressure criteria       percent, or as an     performance testing
 specified in Table 2 to       option for nonflare   or design
 this subpart, items 1         combustion devices    evaluation
 through 6, or Table 2b to     to an exhaust         specified in Table
 this subpart, items 1         concentration of      5 to this subpart,
 through 3.                    <=20 ppmv.            item 1.a or 1.b,
                                                     respectively, are
                                                     reduced by at least
                                                     95 weight-percent
                                                     or as an option for
                                                     nonflare combustion
                                                     devices to an
                                                     exhaust
                                                     concentration <=20
                                                     ppmv.
2. Transfer rack that is      Reduce total organic  Total organic HAP
 subject to control based on   HAP (or, upon         (or, upon approval,
 the criteria specified in     approval, TOC)        TOC) emissions from
 Table 2 to this subpart,      emissions from the    the loading of
 items 7 through 10, at an     loading of organic    organic liquids,
 existing, reconstructed, or   liquids by at least   based on the
 new affected source.          98 weight-percent,    results of the
                               or as an option for   performance testing
                               nonflare combustion   or design
                               devices to an         evaluation
                               exhaust               specified in Table
                               concentration of      5 to this subpart,
                               <=20 ppmv.            item 1.a or 1.b,
                                                     respectively, are
                                                     reduced by at least
                                                     98 weight-percent
                                                     or as an option for
                                                     nonflare combustion
                                                     devices to an
                                                     exhaust
                                                     concentration of
                                                     <=20 ppmv.
------------------------------------------------------------------------


0
28. Table 7 to subpart EEEE of Part 63 is amended by revising the rows 
for items 1, 3, and 4 to read as follows:

    Table 7 to Subpart EEEE of Part 63--Initial Compliance With Work
                           Practice Standards
------------------------------------------------------------------------
                                                          You have
       For each . . .             If you . . .      demonstrated initial
                                                    compliance  if . . .
------------------------------------------------------------------------
1. Storage tank at an         a. Install a          i. After emptying
 existing affected source      floating roof or      and degassing, you
 meeting either set of tank    equivalent control    visually inspect
 capacity and liquid organic   that meets the        each internal
 HAP vapor pressure criteria   requirements in       floating roof
 specified in Table 2 to       Table 4 to this       before the
 this subpart, items 1 or 2,   subpart, item 1.a.    refilling of the
 or Table 2b to this                                 storage tank and
 subpart, items 1 through 3.                         perform seal gap
                                                     inspections of the
                                                     primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the refilling
                                                     of the storage
                                                     tank.
                              b. Route emissions    i. You meet the
                               to a fuel gas         requirements in
                               system or back to a   Sec.   63.984(b)
                               process.              and submit the
                                                     statement of
                                                     connection required
                                                     by Sec.
                                                     63.984(c).
                              c. Install and,       i. You meet the
                               during the filling    requirements in
                               of the storage tank   Sec.
                               with organic          63.2346(a)(4).
                               liquids, operate a
                               vapor balancing
                               system.
2. Storage tank at a          a. Install a          i. You visually
 reconstructed or new          floating roof or      inspect each
 affected source meeting any   equivalent control    internal floating
 set of tank capacity and      that meets the        roof before the
 liquid organic HAP vapor      requirements in       initial filling of
 pressure criteria specified   Table 4 to this       the storage tank
 in Table 2 to this subpart,   subpart, item 1.a.    and perform seal
 items 3 through 5.                                  gap inspections of
                                                     the primary and
                                                     secondary rim seals
                                                     of each external
                                                     floating roof
                                                     within 90 days
                                                     after the initial
                                                     filling of the
                                                     storage tank.
                              b. Route emissions    i. See item 1.b.i of
                               to a fuel gas         this table.
                               system or back to a
                               process.
                              c. Install and,       i. See item 1.c.i of
                               during the filling    this table.
                               of the storage tank
                               with organic
                               liquids, operate a
                               vapor balancing
                               system.
3. Transfer rack that is      a. Load organic       i. You comply with
 subject to control based on   liquids only into     the provisions
 the criteria specified in     transport vehicles    specified in Table
 Table 2 to this subpart,      having current        4 to this subpart,
 items 7 through 10, at an     vapor tightness       item 5 or item 6,
 existing, reconstructed, or   certification as      as applicable.
 new affected source.          described in Table
                               4 to this subpart,
                               item 5 and item 6.

[[Page 40781]]

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


0
29. Table 8 to subpart EEEE of Part 63 is revised to read as follows:

Table 8 to Subpart EEEE of Part 63--Continuous Compliance With Emission 
Limits

    As stated in Sec. Sec.  63.2378(a) and (b) and 63.2390(b), you must 
show continuous compliance with the emission limits for existing, 
reconstructed, or new affected sources according to the following 
table:

------------------------------------------------------------------------
                                                           You must
                                   For the following      demonstrate
         For each . . .           emission limit . .      continuous
                                           .           compliance by . .
                                                               .
------------------------------------------------------------------------
1. Storage tank at an existing,   a. Reduce total     i. Performing CMS
 reconstructed, or new affected    organic HAP (or,    monitoring and
 source meeting any set of tank    upon approval,      collecting data
 capacity and liquid organic HAP   TOC) emissions      according to Sec.
 vapor pressure criteria           from the closed      Sec.   63.2366,
 specified in Table 2 to this      vent system and     63.2374, and
 subpart, items 1 through 6 or     control device by   63.2378, except
 Table 2b to this subpart, items   95 weight-percent   as specified in
 1 through 3.                      or greater, or as   item 1.a.iii of
                                   an option to 20     this table; AND
                                   ppmv or less of    ii. Maintaining
                                   total organic HAP   the operating
                                   (or, upon           limits
                                   approval, TOC) in   established
                                   the exhaust of      during the design
                                   combustion          evaluation or
                                   devices.            performance test
                                                       that demonstrated
                                                       compliance with
                                                       the emission
                                                       limit.
                                                      iii. Beginning no
                                                       later than the
                                                       compliance dates
                                                       specified in Sec.
                                                         63.2342(e), if
                                                       you use a flare,
                                                       you must
                                                       demonstrate
                                                       continuous
                                                       compliance by
                                                       performing CMS
                                                       monitoring and
                                                       collecting data
                                                       according to
                                                       requirements in
                                                       Sec.   63.2380.
2. Transfer rack that is subject  a. Reduce total     i. Performing CMS
 to control based on the           organic HAP (or,    monitoring and
 criteria specified in Table 2     upon approval,      collecting data
 to this subpart, items 7          TOC) emissions      according to Sec.
 through 10, at an existing,       during the           Sec.   63.2366,
 reconstructed, or new affected    loading of          63.2374, and
 source.                           organic liquids     63.2378 during
                                   from the closed     the loading of
                                   vent system and     organic liquids,
                                   control device by   except as
                                   98 weight-percent   specified in item
                                   or greater, or as   2.a.iii of this
                                   an option to 20     table; AND
                                   ppmv or less of    ii. Maintaining
                                   total organic HAP   the operating
                                   (or, upon           limits
                                   approval, TOC) in   established
                                   the exhaust of      during the design
                                   combustion          evaluation or
                                   devices.            performance test
                                                       that demonstrated
                                                       compliance with
                                                       the emission
                                                       limit during the
                                                       loading of
                                                       organic liquids.
                                                      iii. Beginning no
                                                       later than the
                                                       compliance dates
                                                       specified in Sec.
                                                         63.2342(e), if
                                                       you use a flare,
                                                       you must
                                                       demonstrate
                                                       continuous
                                                       compliance by
                                                       performing CMS
                                                       monitoring and
                                                       collecting data
                                                       according to
                                                       requirements in
                                                       Sec.   63.2380.
------------------------------------------------------------------------


[[Page 40782]]


0
30. Table 9 to subpart EEEE of Part 63 is revised to read as follows:

Table 9 to Subpart EEEE of Part 63--Continuous Compliance With 
Operating Limits--High Throughput Transfer Racks

    As stated in Sec. Sec.  63.2378(a) and (b) and 63.2390(b), you must 
show continuous compliance with the operating limits for existing, 
reconstructed, or new affected sources according to the following 
table:

------------------------------------------------------------------------
                                                    You must demonstrate
     For each existing,         For the following        continuous
 reconstructed, and each new   operating limit . .   compliance by . . .
 affected source using . . .            .
------------------------------------------------------------------------
1. A thermal oxidizer to      a. Maintain the       i. Continuously
 comply with an emission       daily average fire    monitoring and
 limit in Table 2 to this      box or combustion     recording fire box
 subpart.                      zone, as              or combustion zone,
                               applicable,           as applicable,
                               temperature greater   temperature every
                               than or equal to      15 minutes and
                               the reference         maintaining the
                               temperature           daily average fire
                               established during    box temperature
                               the design            greater than or
                               evaluation or         equal to the
                               performance test      reference
                               that demonstrated     temperature
                               compliance with the   established during
                               emission limit.       the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
2. A catalytic oxidizer to    a. Replace the        i. Replacing the
 comply with an emission       existing catalyst     existing catalyst
 limit in Table 2 to this      bed before the age    bed before the age
 subpart.                      of the bed exceeds    of the bed exceeds
                               the maximum           the maximum
                               allowable age         allowable age
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   compliance with the
                               emission limit; AND   emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
                              b. Maintain the       i. Continuously
                               daily average         monitoring and
                               temperature at the    recording the
                               inlet of the          temperature at the
                               catalyst bed          inlet of the
                               greater than or       catalyst bed at
                               equal to the          least every 15
                               reference             minutes and
                               temperature           maintaining the
                               established during    daily average
                               the design            temperature at the
                               evaluation or         inlet of the
                               performance test      catalyst bed
                               that demonstrated     greater than or
                               compliance with the   equal to the
                               emission limit; AND.  reference
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
                              c. Maintain the       i. Continuously
                               daily average         monitoring and
                               temperature           recording the
                               difference across     temperature at the
                               the catalyst bed      outlet of the
                               greater than or       catalyst bed every
                               equal to the          15 minutes and
                               minimum temperature   maintaining the
                               difference            daily average
                               established during    temperature
                               the design            difference across
                               evaluation or         the catalyst bed
                               performance test      greater than or
                               that demonstrated     equal to the
                               compliance with the   minimum temperature
                               emission limit.       difference
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
3. An absorber to comply      a. Maintain the       i. Continuously
 with an emission limit in     daily average         monitoring the
 Table 2 to this subpart.      concentration level   organic
                               of organic            concentration in
                               compounds in the      the absorber
                               absorber exhaust      exhaust and
                               less than or equal    maintaining the
                               to the reference      daily average
                               concentration         concentration less
                               established during    than or equal to
                               the design            the reference
                               evaluation or         concentration
                               performance test      established during
                               that demonstrated     the design
                               compliance with the   evaluation or
                               emission limit; OR    performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\

[[Page 40783]]

 
                              b. Maintain the       i. Continuously
                               daily average         monitoring the
                               scrubbing liquid      scrubbing liquid
                               temperature less      temperature and
                               than or equal to      maintaining the
                               the reference         daily average
                               temperature           temperature less
                               established during    than or equal to
                               the design            the reference
                               evaluation or         temperature
                               performance test      established during
                               that demonstrated     the design
                               compliance with the   evaluation or
                               emission limit; AND   performance test
                              Maintain the           that demonstrated
                               difference between    compliance with the
                               the specific          emission limit; AND
                               gravities of the     ii. Maintaining the
                               saturated and fresh   difference between
                               scrubbing fluids      the specific
                               greater than or       gravities greater
                               equal to the          than or equal to
                               difference            the difference
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   compliance with the
                               emission limit.       emission limit; AND
                                                    iii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
4. A condenser to comply      a. Maintain the       i. Continuously
 with an emission limit in     daily average         monitoring the
 Table 2 to this subpart.      concentration level   organic
                               of organic            concentration at
                               compounds at the      the condenser exit
                               exit of the           and maintaining the
                               condenser less than   daily average
                               or equal to the       concentration less
                               reference             than or equal to
                               concentration         the reference
                               established during    concentration
                               the design            established during
                               evaluation or         the design
                               performance test      evaluation or
                               that demonstrated     performance test
                               compliance with the   that demonstrated
                               emission limit; OR    compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
                              b. Maintain the       i. Continuously
                               daily average         monitoring and
                               condenser exit        recording the
                               temperature less      temperature at the
                               than or equal to      exit of the
                               the reference         condenser at least
                               temperature           every 15 minutes
                               established during    and maintaining the
                               the design            daily average
                               evaluation or         temperature less
                               performance test      than or equal to
                               that demonstrated     the reference
                               compliance with the   temperature
                               emission limit.       established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
5. An adsorption system with  a. Maintain the       i. Continuously
 adsorbent regeneration to     daily average         monitoring the
 comply with an emission       concentration level   daily average
 limit in Table 2 to this      of organic            organic
 subpart.                      compounds in the      concentration in
                               adsorber exhaust      the adsorber
                               less than or equal    exhaust and
                               to the reference      maintaining the
                               concentration         concentration less
                               established during    than or equal to
                               the design            the reference
                               evaluation or         concentration
                               performance test      established during
                               that demonstrated     the design
                               compliance with the   evaluation or
                               emission limit; OR    performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
                              b. Maintain the       i. Maintaining the
                               total regeneration    total regeneration
                               stream mass flow      stream mass flow
                               during the            during the
                               adsorption bed        adsorption bed
                               regeneration cycle    regeneration cycle
                               greater than or       greater than or
                               equal to the          equal to the
                               reference stream      reference stream
                               mass flow             mass flow
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     that demonstrated
                               compliance with the   compliance with the
                               emission limit; AND   emission limit; AND
                              Before the            ii. Maintaining the
                               adsorption cycle      temperature of the
                               commences, achieve    adsorption bed
                               and maintain the      after regeneration
                               temperature of the    less than or equal
                               adsorption bed        to the reference
                               after regeneration    temperature
                               less than or equal    established during
                               to the reference      the design
                               temperature           evaluation or
                               established during    performance test
                               the design            that demonstrated
                               evaluation or         compliance with the
                               performance test;     emission limit; AND
                               AND.                 iii. Achieving
                              Achieve greater than   greater than or
                               or equal to the       equal to the
                               pressure reduction    pressure reduction
                               during the            during the
                               adsorption bed        regeneration cycle
                               regeneration cycle    established during
                               established during    the design
                               the design            evaluation or
                               evaluation or         performance test
                               performance test      that demonstrated
                               that demonstrated     compliance with the
                               compliance with the   emission limit; AND
                               emission limit.      iv. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\

[[Page 40784]]

 
6. An adsorption system       a. Maintain the       i. Continuously
 without adsorbent             daily average         monitoring the
 regeneration to comply with   concentration level   organic
 an emission limit in Table    of organic            concentration in
 2 to this subpart.            compounds in the      the adsorber
                               adsorber exhaust      exhaust and
                               less than or equal    maintaining the
                               to the reference      concentration less
                               concentration         than or equal to
                               established during    the reference
                               the design            concentration
                               evaluation or         established during
                               performance test      the design
                               that demonstrated     evaluation or
                               compliance with the   performance test
                               emission limit; OR    that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    ii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
                              b. Replace the        i. Replacing the
                               existing adsorbent    existing adsorbent
                               in each segment of    in each segment of
                               the bed before the    the bed with an
                               age of the            adsorbent that
                               adsorbent exceeds     meets the
                               the maximum           replacement
                               allowable age         specifications
                               established during    established during
                               the design            the design
                               evaluation or         evaluation or
                               performance test      performance test
                               that demonstrated     before the age of
                               compliance with the   the adsorbent
                               emission limit; AND   exceeds the maximum
                              Maintain the           allowable age
                               temperature of the    established during
                               adsorption bed less   the design
                               than or equal to      evaluation or
                               the reference         performance test
                               temperature           that demonstrated
                               established during    compliance with the
                               the design            emission limit; AND
                               evaluation or        ii. Maintaining the
                               performance test      temperature of the
                               that demonstrated     adsorption bed less
                               compliance with the   than or equal to
                               emission limit.       the reference
                                                     temperature
                                                     established during
                                                     the design
                                                     evaluation or
                                                     performance test
                                                     that demonstrated
                                                     compliance with the
                                                     emission limit; AND
                                                    iii. Keeping the
                                                     applicable records
                                                     required in Sec.
                                                     63.998.\1\
7. A flare to comply with an  a. Except as          i. Continuously
 emission limit in Table 2     specified in item     operating a device
 to this subpart.              7.e of this table,    that detects the
                               maintain a pilot      presence of the
                               flame or flare        pilot flame or
                               flame in the flare    flare flame; AND
                               at all times that    ii. Keeping the
                               vapors may be         applicable records
                               vented to the flare   required in Sec.
                               (Sec.                 63.998.\1\
                               63.11(b)(5)); AND
                              b. Except as          i. Maintaining a
                               specified in item     flare flame at all
                               7.e of this table,    times that vapors
                               maintain a flare      are being vented to
                               flame at all times    the flare; AND
                               that vapors are      ii. Keeping the
                               being vented to the   applicable records
                               flare (Sec.           required in Sec.
                               63.11(b)(5)); AND     63.998.\1\
                              c. Except as          i. Operating the
                               specified in item     flare with no
                               7.e of this table,    visible emissions
                               operate the flare     exceeding the
                               with no visible       amount allowed; AND
                               emissions, except    ii. Keeping the
                               for up to 5 minutes   applicable records
                               in any 2              required in Sec.
                               consecutive hours     63.998.\1\
                               (Sec.
                               63.11(b)(4)); AND
                               EITHER
                              d.1. Except as        i. Operating the
                               specified in item     flare within the
                               7.e of this table,    applicable exit
                               operate the flare     velocity limits;
                               with an exit          AND
                               velocity that is     ii. Operating the
                               within the            flare with the gas
                               applicable limits     heating value
                               in Sec.               greater than the
                               63.11(b)(7) and (8)   applicable minimum
                               and with a net        value; AND
                               heating value of     iii. Keeping the
                               the gas being         applicable records
                               combusted greater     required in Sec.
                               than the applicable   63.998.\1\
                               minimum value in
                               Sec.
                               63.11(b)(6)(ii); OR
                              d.2. Except as        i. Operating the
                               specified in item     flare within the
                               7.e of this table,    applicable limits
                               adhere to the         in 63.11(b)(6)(i);
                               requirements in       AND
                               Sec.                 ii. Keeping the
                               63.11(b)(6)(i).       applicable records
                                                     required in Sec.
                                                     63.998.\1\
                              e. Beginning no       i. Operating the
                               later than the        flare with the
                               compliance dates      applicable limits
                               specified in Sec.     in Sec.   63.2380;
                               63.2342(e), comply    AND
                               with the             ii. Keeping the
                               requirements in       applicable records
                               Sec.   63.2380        required in Sec.
                               instead of the        63.2390(h).
                               requirements in
                               Sec.   63.11(b).
8. Another type of control    Submit a monitoring   Submitting a
 device to comply with an      plan as specified     monitoring plan and
 emission limit in Table 2     in Sec.  Sec.         monitoring the
 to this subpart.              63.995(c) and         control device
                               63.2366(b) and        according to that
                               monitor the control   plan.
                               device in
                               accordance with
                               that plan.
------------------------------------------------------------------------
\1\ Beginning no later than the compliance dates specified in Sec.
  63.2342(e), the referenced provisions specified in Sec.   63.2346(l)
  do not apply.


0
31. Table 10 to subpart EEEE of Part 63 is revised to read as follows:

Table 10 to Subpart EEEE of Part 63--Continuous Compliance With Work 
Practice Standards

    As stated in Sec. Sec.  63.2378(a) and (b) and 63.2386(c)(6), you 
must show continuous compliance with the work practice standards for 
existing, reconstructed, or new affected sources according to the 
following table:

[[Page 40785]]



------------------------------------------------------------------------
                                                           You must
                                                          demonstrate
         For each . . .            For the following      continuous
                                    standard . . .     compliance by . .
                                                               .
------------------------------------------------------------------------
1. Internal floating roof (IFR)   a. Install a        i. Visually
 storage tank at an existing,      floating roof       inspecting the
 reconstructed, or new affected    designed and        floating roof
 source meeting any set of tank    operated            deck, deck
 capacity, and vapor pressure      according to the    fittings, and rim
 criteria specified in Table 2     applicable          seals of each IFR
 to this subpart, items 1          specifications in   once per year
 through 5, or Table 2b to this    Sec.   63.1063(a)   (Sec.
 subpart, items 1 through 3.       and (b).            63.1063(d)(2));
                                                       AND
                                                      ii. Visually
                                                       inspecting the
                                                       floating roof
                                                       deck, deck
                                                       fittings, and rim
                                                       seals of each IFR
                                                       either each time
                                                       the storage tank
                                                       is completely
                                                       emptied and
                                                       degassed or every
                                                       10 years,
                                                       whichever occurs
                                                       first (Sec.
                                                       63.1063(c)(1),
                                                       (d)(1), and (e));
                                                       AND
                                                      iii. Keeping the
                                                       tank records
                                                       required in Sec.
                                                        63.1065.
2. External floating roof (EFR)   a. Install a        i. Visually
 storage tank at an existing,      floating roof       inspecting the
 reconstructed, or new affected    designed and        floating roof
 source meeting any set of tank    operated            deck, deck
 capacity and vapor pressure       according to the    fittings, and rim
 criteria specified in Table 2     applicable          seals of each EFR
 to this subpart, items 1          specifications in   either each time
 through 5, or Table 2b to this    Sec.   63.1063(a)   the storage tank
 subpart, items 1 through 3.       and (b).            is completely
                                                       emptied and
                                                       degassed or every
                                                       10 years,
                                                       whichever occurs
                                                       first (Sec.
                                                       63.1063(c)(2),
                                                       (d), and (e));
                                                       AND
                                                      ii. Performing
                                                       seal gap
                                                       measurements on
                                                       the secondary
                                                       seal of each EFR
                                                       at least once
                                                       every year, and
                                                       on the primary
                                                       seal of each EFR
                                                       at least every 5
                                                       years (Sec.
                                                       63.1063(c)(2),
                                                       (d), and (e));
                                                       AND
                                                      iii. Keeping the
                                                       tank records
                                                       required in Sec.
                                                        63.1065.
3. IFR or EFR tank at an          a. Repair the       i. Repairing
 existing, reconstructed, or new   conditions          conditions
 affected source meeting any set   causing storage     causing
 of tank capacity and vapor        tank inspection     inspection
 pressure criteria specified in    failures (Sec.      failures: Before
 Table 2 to this subpart, items    63.1063(e)).        refilling the
 1 through 5, or Table 2b to                           storage tank with
 this subpart, items 1 through 3.                      organic liquid,
                                                       or within 45 days
                                                       (or up to 105
                                                       days with
                                                       extensions) for a
                                                       tank containing
                                                       organic liquid;
                                                       AND
                                                      ii. Keeping the
                                                       tank records
                                                       required in Sec.
                                                        63.1065(b).
4. Transfer rack that is subject  a. Ensure that      i. Ensuring that
 to control based on the           organic liquids     organic liquids
 criteria specified in Table 2     are loaded into     are loaded into
 to this subpart, items 7          transport           transport
 through 10, at an existing,       vehicles in         vehicles in
 reconstructed, or new affected    accordance with     accordance with
 source.                           the requirements    the requirements
                                   in Table 4 to       in Table 4 to
                                   this subpart,       this subpart,
                                   items 5 or 6, as    items 5 or 6, as
                                   applicable.         applicable.
                                  b. Install and,     i. Monitoring each
                                   during the          potential source
                                   loading of          of vapor leakage
                                   organic liquids,    in the system
                                   operate a vapor     quarterly during
                                   balancing system.   the loading of a
                                                       transport vehicle
                                                       or the filling of
                                                       a container using
                                                       the methods and
                                                       procedures
                                                       described in the
                                                       rule requirements
                                                       selected for the
                                                       work practice
                                                       standard for
                                                       equipment leak
                                                       components as
                                                       specified in
                                                       Table 4 to this
                                                       subpart, item 4.
                                                       An instrument
                                                       reading of 500
                                                       ppmv defines a
                                                       leak. Repair of
                                                       leaks is
                                                       performed
                                                       according to the
                                                       repair
                                                       requirements
                                                       specified in your
                                                       selected
                                                       equipment leak
                                                       standards
                                  c. Route emissions  i. Continuing to
                                   to a fuel gas       meet the
                                   system or back to   requirements
                                   a process.          specified in Sec.
                                                         63.984(b)
5. Equipment leak component, as   a. Comply with      i. Carrying out a
 defined in Sec.   63.2406, that   Sec.   63.2346(l)   leak detection
 operates in organic liquids       and the             and repair
 service at least 300 hours per    requirements of     program in
 year.                             40 CFR part 63,     accordance with
                                   subpart TT, UU,     the subpart
                                   or H.               selected from the
                                                       list in item 5.a
                                                       of this table
6. Storage tank at an existing,   a. Route emissions  i. Continuing to
 reconstructed, or new affected    to a fuel gas       meet the
 source meeting any of the tank    system or back to   requirements
 capacity and vapor pressure       the process.        specified in Sec.
 criteria specified in Table 2                           63.984(b)
 to this subpart, items 1
 through 6, or Table 2b to this
 subpart, items 1 through 3.

[[Page 40786]]

 
                                  b. Install and,     i. Except for
                                   during the          pressure relief
                                   filling of the      devices,
                                   storage tank with   monitoring each
                                   organic liquids,    potential source
                                   operate a vapor     of vapor leakage
                                   balancing system.   in the system,
                                                       including, but
                                                       not limited to
                                                       pumps, valves,
                                                       and sampling
                                                       connections,
                                                       quarterly during
                                                       the loading of a
                                                       storage tank
                                                       using the methods
                                                       and procedures
                                                       described in the
                                                       rule requirements
                                                       selected for the
                                                       work practice
                                                       standard for
                                                       equipment leak
                                                       components as
                                                       specified in
                                                       Table 4 to this
                                                       subpart, item 4.
                                                       An instrument
                                                       reading of 500
                                                       ppmv defines a
                                                       leak. Repair of
                                                       leaks is
                                                       performed
                                                       according to the
                                                       repair
                                                       requirements
                                                       specified in your
                                                       selected
                                                       equipment leak
                                                       standards. For
                                                       pressure relief
                                                       devices, comply
                                                       with Sec.
                                                       63.2346(a)(4)(v).
                                                       If no loading of
                                                       a storage tank
                                                       occurs during a
                                                       quarter, then
                                                       monitoring of the
                                                       vapor balancing
                                                       system is not
                                                       required
------------------------------------------------------------------------


0
32. Table 11 to subpart EEEE of Part 63 is revised to read as follows:

Table 11 to Subpart EEEE of Part 63--Requirements for Reports

    As stated in Sec.  63.2386(a), (b), and (f), you must submit 
compliance reports and startup, shutdown, and malfunction reports 
according to the following table:

------------------------------------------------------------------------
                                 The report must     You must submit the
 You must submit a(n) . . .       contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report or       a. The information    Semiannually, and it
 Periodic Report.              specified in Sec.     must be postmarked
                               63.2386(c), (d),      or electronically
                               (e). If you had a     submitted by
                               SSM during the        January 31 or July
                               reporting period      31, in accordance
                               and you took          with Sec.
                               actions consistent    63.2386(b).
                               with your SSM plan,
                               the report must
                               also include the
                               information in Sec.
                                 63.10(d)(5)(i)
                               except as specified
                               in item 1.e of this
                               table; AND.
                              b. The information    See the submission
                               required by 40 CFR    requirement in item
                               part 63, subpart      1.a of this table.
                               TT, UU, or H, as
                               applicable, for
                               pumps, valves, and
                               sampling
                               connections; AND.
                              c. The information    See the submission
                               required by Sec.      requirement in item
                               63.999(c); AND.       1.a of this table.
                              d. The information    See the submission
                               specified in Sec.     requirement in item
                               63.1066(b)            1.a of this table.
                               including:
                               Notification of
                               inspection,
                               inspection results,
                               requests for
                               alternate devices,
                               and requests for
                               extensions, as
                               applicable.
                              e. Beginning no
                               later than the
                               compliance dates
                               specified in Sec.
                               63.2342(e), the
                               requirement to
                               include the
                               information in Sec.
                                 63.10(d)(5)(i) no
                               longer applies..
2. Immediate SSM report if    a. The information    i. Except as
 you had a SSM that resulted   required in Sec.      specified in item
 in an applicable emission     63.10(d)(5)(ii).      2.a.ii of this
 standard in the relevant                            table, by letter
 standard being exceeded,                            within 7 working
 and you took an action that                         days after the end
 was not consistent with                             of the event unless
 your SSM plan.                                      you have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority (Sec.
                                                     63.10(d)(5)(ii)).
                                                    ii. Beginning no
                                                     later than the
                                                     compliance dates
                                                     specified in Sec.
                                                     63.2342(e), item
                                                     2.a.i of this table
                                                     no longer applies.
------------------------------------------------------------------------


0
33. Table 12 to subpart EEEE of Part 63 is revised to read as follows:

Table 12 to Subpart EEEE of Part 63--Applicability of General 
Provisions to Subpart EEEE

    As stated in Sec. Sec.  63.2382 and 63.2398, you must comply with 
the applicable General Provisions requirements as follows:

----------------------------------------------------------------------------------------------------------------
            Citation                     Subject              Brief description         Applies to subpart EEEE
----------------------------------------------------------------------------------------------------------------
Sec.   63.1....................  Applicability.........  Initial applicability        Yes.
                                                          determination;
                                                          Applicability after
                                                          standard established;
                                                          Permit requirements;
                                                          Extensions, Notifications.

[[Page 40787]]

 
Sec.   63.2....................  Definitions...........  Definitions for part 63      Yes.
                                                          standards.
Sec.   63.3....................  Units and               Units and abbreviations for  Yes.
                                  Abbreviations.          part 63 standards.
Sec.   63.4....................  Prohibited Activities   Prohibited activities;       Yes.
                                  and Circumvention.      Circumvention,
                                                          Severability.
Sec.   63.5....................  Construction/           Applicability;               Yes.
                                  Reconstruction.         Applications; Approvals.
Sec.   63.6(a).................  Compliance with         GP apply unless compliance   Yes.
                                  Standards/O&M           extension; GP apply to
                                  Applicability.          area sources that become
                                                          major.
Sec.   63.6(b)(1)-(4)..........  Compliance Dates for    Standards apply at           Yes.
                                  New and Reconstructed   effective date; 3 years
                                  Sources.                after effective date; upon
                                                          startup; 10 years after
                                                          construction or
                                                          reconstruction commences
                                                          for CAA section 112(f).
Sec.   63.6(b)(5)..............  Notification..........  Must notify if commenced     Yes.
                                                          construction or
                                                          reconstruction after
                                                          proposal.
Sec.   63.6(b)(6)..............  [Reserved]............
Sec.   63.6(b)(7)..............  Compliance Dates for    Area sources that become     Yes.
                                  New and Reconstructed   major must comply with
                                  Area Sources That       major source standards
                                  Become Major.           immediately upon becoming
                                                          major, regardless of
                                                          whether required to comply
                                                          when they were an area
                                                          source.
Sec.   63.6(c)(1)-(2)..........  Compliance Dates for    Comply according to date in  Yes.
                                  Existing Sources.       this subpart, which must
                                                          be no later than 3 years
                                                          after effective date; for
                                                          section 112(f) standards,
                                                          comply within 90 days of
                                                          effective date unless
                                                          compliance extension.
Sec.   63.6(c)(3)-(4)..........  [Reserved]............
Sec.   63.6(c)(5)..............  Compliance Dates for    Area sources that become     Yes.
                                  Existing Area Sources   major must comply with
                                  That Become Major.      major source standards by
                                                          date indicated in this
                                                          subpart or by equivalent
                                                          time period (e.g., 3
                                                          years).
Sec.   63.6(d).................  [Reserved]............
Sec.   63.6(e)(1)(i)...........  Operation and           Operate to minimize          Yes, before July 7, 2023.
                                  Maintenance.            emissions at all times.     No, beginning on and after
                                                                                       July 7, 2023. See Sec.
                                                                                       63.2350(d) for general
                                                                                       duty requirement.
Sec.   63.6(e)(1)(ii)..........  Operation and           Correct malfunctions as      Yes, before July 7, 2023.
                                  Maintenance.            soon as practicable.        No, beginning on and after
                                                                                       July 7, 2023.
Sec.   63.6(e)(1)(iii).........  Operation and           Operation and maintenance    Yes.
                                  Maintenance.            requirements independently
                                                          enforceable; information
                                                          Administrator will use to
                                                          determine if operation and
                                                          maintenance requirements
                                                          were met.
Sec.   63.6(e)(2)..............  [Reserved]............
Sec.   63.6(e)(3)..............  SSM Plan..............  Requirement for SSM plan;    Yes, before July 7, 2023;
                                                          content of SSM plan;         however, (1) the 2-day
                                                          actions during SSM.          reporting requirement in
                                                                                       paragraph Sec.
                                                                                       63.6(e)(3)(iv) does not
                                                                                       apply and (2) Sec.
                                                                                       63.6(e)(3) does not apply
                                                                                       to emissions sources not
                                                                                       requiring control.
                                                                                      No, beginning on and after
                                                                                       July 7, 2023.
Sec.   63.6(f)(1)..............  Compliance Except       You must comply with         Yes, before July 7, 2023.
                                  During SSM.             emission standards at all   No, beginning on and after
                                                          times except during SSM.     July 7, 2023.
Sec.   63.6(f)(2)-(3)..........  Methods for             Compliance based on          Yes.
                                  Determining             performance test,
                                  Compliance.             operation and maintenance
                                                          plans, records, inspection.
Sec.   63.6(g)(1)-(3)..........  Alternative Standard..  Procedures for getting an    Yes.
                                                          alternative standard.
Sec.   63.6(h)(1)..............  Opacity/Visible         You must comply with         Yes, before July 7, 2023.
                                  Emission Standards.     opacity and visible         No, beginning on and after
                                                          emission standards at all    July 7, 2023.
                                                          times except during SSM.
Sec.   63.6(h)(2)-(9)..........  Opacity/Visible         Requirements for compliance  No; except as it applies
                                  Emission Standards.     with opacity and visible     to flares for which
                                                          emission standards.          Method 22 observations
                                                                                       are required as part of a
                                                                                       flare compliance
                                                                                       assessment.
Sec.   63.6(i)(1)-(14).........  Compliance Extension..  Procedures and criteria for  Yes.
                                                          Administrator to grant
                                                          compliance extension.
Sec.   63.6(j).................  Presidential            President may exempt any     Yes.
                                  Compliance Exemption.   source from requirement to
                                                          comply with this subpart.
Sec.   63.7(a)(2)..............  Performance Test Dates  Dates for conducting         Yes.
                                                          initial performance
                                                          testing; must conduct 180
                                                          days after compliance date.
Sec.   63.7(a)(3)..............  Section 114 Authority.  Administrator may require a  Yes.
                                                          performance test under CAA
                                                          section 114 at any time.
Sec.   63.7(b)(1)..............  Notification of         Must notify Administrator    Yes.
                                  Performance Test.       60 days before the test.

[[Page 40788]]

 
Sec.   63.7(b)(2)..............  Notification of         If you have to reschedule    Yes.
                                  Rescheduling.           performance test, must
                                                          notify Administrator of
                                                          rescheduled date as soon
                                                          as practicable and without
                                                          delay.
Sec.   63.7(c).................  Quality Assurance (QA)/ Requirement to submit site-  Yes.
                                  Test Plan.              specific test plan 60 days
                                                          before the test or on date
                                                          Administrator agrees with;
                                                          test plan approval
                                                          procedures; performance
                                                          audit requirements;
                                                          internal and external QA
                                                          procedures for testing.
Sec.   63.7(d).................  Testing Facilities....  Requirements for testing     Yes.
                                                          facilities.
Sec.   63.7(e)(1)..............  Conditions for          Performance tests must be    Yes, before July 7, 2023.
                                  Conducting              conducted under             No, beginning on and after
                                  Performance Tests.      representative conditions;   July 7, 2023. See Sec.
                                                          cannot conduct performance   63.2354(b)(6).
                                                          tests during SSM.
Sec.   63.7(e)(2)..............  Conditions for          Must conduct according to    Yes.
                                  Conducting              this subpart and EPA test
                                  Performance Tests.      methods unless
                                                          Administrator approves
                                                          alternative.
Sec.   63.7(e)(3)..............  Test Run Duration.....  Must have three test runs    Yes; however, for transfer
                                                          of at least 1 hour each;     racks per Sec.  Sec.
                                                          compliance is based on       63.987(b)(3)(i)(A)-(B)
                                                          arithmetic mean of three     and 63.997(e)(1)(v)(A)-
                                                          runs; conditions when data   (B) provide exceptions to
                                                          from an additional test      the requirement for test
                                                          run can be used.             runs to be at least 1
                                                                                       hour each.
Sec.   63.7(e)(4)..............  Authority to Require    Administrator has authority  Yes.
                                  Testing.                to require testing under
                                                          CAA section 114 regardless
                                                          of Sec.   63.7 (e)(1)-(3).
Sec.   63.7(f).................  Alternative Test        Procedures by which          Yes.
                                  Method.                 Administrator can grant
                                                          approval to use an
                                                          intermediate or major
                                                          change, or alternative to
                                                          a test method.
Sec.   63.7(g).................  Performance Test Data   Must include raw data in     Yes, except this subpart
                                  Analysis.               performance test report;     specifies how and when
                                                          must submit performance      the performance test and
                                                          test data 60 days after      performance evaluation
                                                          end of test with the         results are reported.
                                                          Notification of Compliance
                                                          Status; keep data for 5
                                                          years.
Sec.   63.7(h).................  Waiver of Tests.......  Procedures for               Yes.
                                                          Administrator to waive
                                                          performance test.
Sec.   63.8(a)(1)..............  Applicability of        Subject to all monitoring    Yes.
                                  Monitoring              requirements in standard.
                                  Requirements.
Sec.   63.8(a)(2)..............  Performance             Performance Specifications   Yes.
                                  Specifications.         in appendix B of 40 CFR
                                                          part 60 apply.
Sec.   63.8(a)(3)..............  [Reserved]............
Sec.   63.8(a)(4)..............  Monitoring of Flares..  Monitoring requirements for  Yes, before July 7, 2023;
                                                          flares in Sec.   63.11.      however, flare monitoring
                                                                                       requirements in Sec.
                                                                                       63.987(c) also apply
                                                                                       before July 7, 2023.
                                                                                      No, beginning on and after
                                                                                       July 7, 2023. See Sec.
                                                                                       63.2380.
Sec.   63.8(b)(1)..............  Monitoring............  Must conduct monitoring      Yes.
                                                          according to standard
                                                          unless Administrator
                                                          approves alternative.
Sec.   63.8(b)(2)-(3)..........  Multiple Effluents and  Specific requirements for    Yes.
                                  Multiple Monitoring     installing monitoring
                                  Systems.                systems; must install on
                                                          each affected source or
                                                          after combined with
                                                          another affected source
                                                          before it is released to
                                                          the atmosphere provided
                                                          the monitoring is
                                                          sufficient to demonstrate
                                                          compliance with the
                                                          standard; if more than one
                                                          monitoring system on an
                                                          emission point, must
                                                          report all monitoring
                                                          system results, unless one
                                                          monitoring system is a
                                                          backup.
Sec.   63.8(c)(1)..............  Monitoring System       Maintain monitoring system   Yes.
                                  Operation and           in a manner consistent
                                  Maintenance.            with good air pollution
                                                          control practices.
Sec.   63.8(c)(1)(i)...........  Routine and             Keep parts for routine       Yes, before July 7, 2023.
                                  Predictable SSM.        repairs readily available;  No, beginning on and after
                                                          reporting requirements for   July 7, 2023.
                                                          SSM when action is
                                                          described in SSM plan.
Sec.   63.8(c)(1)(ii)..........  CMS malfunction not in  Keep the necessary parts     Yes.
                                  SSM plan.               for routine repairs if CMS
                                                          malfunctions.
Sec.   63.8(c)(1)(iii).........  Compliance with         Develop a written SSM plan   Yes, before July 7, 2023.
                                  Operation and           for CMS.                    No, beginning on and after
                                  Maintenance                                          July 7, 2023.
                                  Requirements.
Sec.   63.8(c)(2)-(3)..........  Monitoring System       Must install to get          Yes.
                                  Installation.           representative emission or
                                                          parameter measurements;
                                                          must verify operational
                                                          status before or at
                                                          performance test.

[[Page 40789]]

 
Sec.   63.8(c)(4)..............  CMS Requirements......  CMS must be operating        Yes; however, COMS are not
                                                          except during breakdown,     applicable.
                                                          out-of-control, repair,
                                                          maintenance, and high-
                                                          level calibration drifts;
                                                          COMS must have a minimum
                                                          of one cycle of sampling
                                                          and analysis for each
                                                          successive 10-second
                                                          period and one cycle of
                                                          data recording for each
                                                          successive 6-minute
                                                          period; CEMS must have a
                                                          minimum of one cycle of
                                                          operation for each
                                                          successive 15-minute
                                                          period.
Sec.   63.8(c)(5)..............  COMS Minimum            COMS minimum procedures....  No.
                                  Procedures.
Sec.   63.8(c)(6)-(8)..........  CMS Requirements......  Zero and high level          Yes, but only applies for
                                                          calibration check            CEMS. Subpart SS of this
                                                          requirements. Out-of-        part provides
                                                          control periods.             requirements for CPMS.
Sec.   63.8(d)(1)-(2)..........  CMS Quality Control...  Requirements for CMS         Yes, but only applies for
                                                          quality control.             CEMS. Subpart SS of this
                                                                                       part provides
                                                                                       requirements for CPMS.
Sec.   63.8(d)(3)..............  CMS Quality Control...  Must keep quality control    Yes, before July 7, 2023,
                                                          plan on record for 5         but only applies for
                                                          years; keep old versions.    CEMS. Subpart SS of this
                                                                                       part provides
                                                                                       requirements for CPMS.
                                                                                      No, beginning on and after
                                                                                       July 7, 2023. See Sec.
                                                                                       63.2366(c).
Sec.   63.8(e).................  CMS Performance         Notification, performance    Yes, but only applies for
                                  Evaluation.             evaluation test plan,        CEMS, except this subpart
                                                          reports.                     specifies how and when
                                                                                       the performance
                                                                                       evaluation results are
                                                                                       reported.
Sec.   63.8(f)(1)-(5)..........  Alternative Monitoring  Procedures for               Yes, but subpart SS of
                                  Method.                 Administrator to approve     this part also provides
                                                          alternative monitoring.      procedures for approval
                                                                                       of CPMS.
Sec.   63.8(f)(6)..............  Alternative to          Procedures for               Yes.
                                  Relative Accuracy       Administrator to approve
                                  Test.                   alternative relative
                                                          accuracy tests for CEMS.
Sec.   63.8(g).................  Data Reduction........  COMS 6-minute averages       Yes; however, COMS are not
                                                          calculated over at least     applicable.
                                                          36 evenly spaced data
                                                          points; CEMS 1 hour
                                                          averages computed over at
                                                          least four equally spaced
                                                          data points; data that
                                                          cannot be used in average.
Sec.   63.9(a).................  Notification            Applicability and State      Yes.
                                  Requirements.           delegation.
Sec.   63.9(b)(1)-(2), (4)-(5).  Initial Notifications.  Submit notification within   Yes.
                                                          120 days after effective
                                                          date; notification of
                                                          intent to construct/
                                                          reconstruct, notification
                                                          of commencement of
                                                          construction/
                                                          reconstruction,
                                                          notification of startup;
                                                          contents of each.
Sec.   63.9(c).................  Request for Compliance  Can request if cannot        Yes.
                                  Extension.              comply by date or if
                                                          installed best available
                                                          control technology or
                                                          lowest achievable emission
                                                          rate (BACT/LAER).
Sec.   63.9(d).................  Notification of         For sources that commence    Yes.
                                  Special Compliance      construction between
                                  Requirements for New    proposal and promulgation
                                  Sources.                and want to comply 3 years
                                                          after effective date.
Sec.   63.9(e).................  Notification of         Notify Administrator 60      Yes.
                                  Performance Test.       days prior.
Sec.   63.9(f).................  Notification of VE/     Notify Administrator 30      No.
                                  Opacity Test.           days prior.
Sec.   63.9(g).................  Additional              Notification of performance  Yes; however, there are no
                                  Notifications When      evaluation; notification     opacity standards.
                                  Using CMS.              about use of COMS data;
                                                          notification that exceeded
                                                          criterion for relative
                                                          accuracy alternative.
Sec.   63.9(h)(1)-(6)..........  Notification of         Contents due 60 days after   Yes; however, (1) there
                                  Compliance Status.      end of performance test or   are no opacity standards
                                                          other compliance             and (2) all initial
                                                          demonstration, except for    Notification of
                                                          opacity/visible emissions,   Compliance Status,
                                                          which are due 30 days        including all performance
                                                          after; when to submit to     test data, are to be
                                                          federal vs. state            submitted at the same
                                                          authority.                   time, either within 240
                                                                                       days after the compliance
                                                                                       date or within 60 days
                                                                                       after the last
                                                                                       performance test
                                                                                       demonstrating compliance
                                                                                       has been completed,
                                                                                       whichever occurs first.
Sec.   63.9(i).................  Adjustment of           Procedures for               Yes.
                                  Submittal Deadlines.    Administrator to approve
                                                          change in when
                                                          notifications must be
                                                          submitted.
Sec.   63.9(j).................  Change in Previous      Must submit within 15 days   No. These changes will be
                                  Information.            after the change.            reported in the first and
                                                                                       subsequent compliance
                                                                                       reports.
Sec.   63.10(a)................  Recordkeeping/          Applies to all, unless       Yes.
                                  Reporting.              compliance extension; when
                                                          to submit to federal vs.
                                                          state authority;
                                                          procedures for owners of
                                                          more than one source.

[[Page 40790]]

 
Sec.   63.10(b)(1).............  Recordkeeping/          General requirements; keep   Yes.
                                  Reporting.              all records readily
                                                          available; keep for 5
                                                          years.
Sec.   63.10(b)(2)(i)..........  Records Related to      Occurrence of each for       Yes, July 7, 2023.
                                  Startup and Shutdown.   operations (process         No, beginning on and after
                                                          equipment).                  July 7, 2023.
Sec.   63.10(b)(2)(ii).........  Recordkeeping Relevant  Occurrence of each           Yes, before July 7, 2023.
                                  to Malfunction          malfunction of air          No, beginning on and after
                                  Periods and CMS.        pollution equipment.         July 7, 2023. See Sec.
                                                                                       63.2390(f).
Sec.   63.10(b)(2)(iii)........  Recordkeeping Relevant  Maintenance on air           Yes.
                                  to Maintenance of Air   pollution control
                                  Pollution Control and   equipment.
                                  Monitoring Equipment.
Sec.   63.10(b)(2)(iv).........  Recordkeeping Relevant  Actions during SSM.........  Yes, before July 7, 2023.
                                  to SSM Periods and                                  No, beginning on and after
                                  CMS.                                                 July 7, 2023.
Sec.   63.10(b)(2)(v)..........  Recordkeeping Relevant  Actions during SSM.........  No.
                                  to SSM Periods and
                                  CMS.
Sec.   63.10(b)(2)(vi)-(xi)....  CMS Records...........  Malfunctions, inoperative,   Yes.
                                                          out-of-control periods.
Sec.   63.10(b)(2)(xii)........  Records...............  Records when under waiver..  Yes.
Sec.   63.10(b)(2)(xiii).......  Records...............  Records when using           Yes.
                                                          alternative to relative
                                                          accuracy test.
Sec.   63.10(b)(2)(xiv)........  Records...............  All documentation            Yes.
                                                          supporting initial
                                                          notification and
                                                          notification of compliance
                                                          status.
Sec.   63.10(b)(3).............  Records...............  Applicability                Yes.
                                                          determinations.
Sec.   63.10(c)(1)-(14)........  Records...............  Additional records for CMS.  Yes.
Sec.   63.10(c)(15)............  Records...............  Additional records for CMS.  Yes, before July 7, 2023.
                                                                                      No, beginning on and after
                                                                                       July 7, 2023.
Sec.   63.10(d)(1).............  General Reporting       Requirement to report......  Yes.
                                  Requirements.
Sec.   63.10(d)(2).............  Report of Performance   When to submit to federal    No. This subpart specifies
                                  Test Results.           or state authority.          how and when the
                                                                                       performance test results
                                                                                       are reported.
Sec.   63.10(d)(3).............  Reporting Opacity or    What to report and when....  Yes.
                                  Visible Emissions
                                  Observations.
Sec.   63.10(d)(4).............  Progress Reports......  Must submit progress         Yes.
                                                          reports on schedule if
                                                          under compliance extension.
Sec.   63.10(d)(5).............  SSM Reports...........  Contents and submission....  Yes, before July 7, 2023.
                                                                                      No, beginning on and after
                                                                                       July 7, 2023. See Sec.
                                                                                       63.2386(d)(1)(xiii).
Sec.   63.10(e)(1)-(2).........  Additional CMS Reports  Must report results for      Yes, except this subpart
                                                          each CEMS on a unit;         specifies how and when
                                                          written copy of CMS          the performance
                                                          performance evaluation;      evaluation results are
                                                          two-three copies of COMS     reported; however, COMS
                                                          performance evaluation.      are not applicable.
Sec.   63.10(e)(3)(i)-(iii)....  Reports...............  Schedule for reporting       Yes; however, note that
                                                          excess emissions and         the title of the report
                                                          parameter monitor            is the compliance report;
                                                          exceedance (now defined as   deviations include excess
                                                          deviations).                 emissions and parameter
                                                                                       exceedances.
Sec.   63.10(e)(3)(iv)-(v).....  Excess Emissions        Requirement to revert to     Yes.
                                  Reports.                quarterly submission if
                                                          there is an excess
                                                          emissions or parameter
                                                          monitoring exceedance (now
                                                          defined as deviations);
                                                          provision to request
                                                          semiannual reporting after
                                                          compliance for 1 year;
                                                          submit report by 30th day
                                                          following end of quarter
                                                          or calendar half; if there
                                                          has not been an exceedance
                                                          or excess emissions (now
                                                          defined as deviations),
                                                          report contents in a
                                                          statement that there have
                                                          been no deviations; must
                                                          submit report containing
                                                          all of the information in
                                                          Sec.  Sec.   63.8(c)(7)-
                                                          (8) and 63.10(c)(5)-(13).
Sec.   63.10(e)(3)(vi)-(viii)..  Excess Emissions        Requirements for reporting   No. This subpart specifies
                                  Report and Summary      excess emissions for CMS     the reported information
                                  Report.                 (now called deviations);     for deviations within the
                                                          requires all of the          compliance reports.
                                                          information in Sec.  Sec.
                                                           63.10(c)(5)-(13) and
                                                          63.8(c)(7)-(8).
Sec.   63.10(e)(4).............  Reporting COMS Data...  Must submit COMS data with   No.
                                                          performance test data.
Sec.   63.10(f)................  Waiver for              Procedures for               Yes.
                                  Recordkeeping/          Administrator to waive.
                                  Reporting.

[[Page 40791]]

 
Sec.   63.11(b)................  Flares................  Requirements for flares....  Yes, before July 7, 2023;
                                                                                       Sec.   63.987
                                                                                       requirements apply, and
                                                                                       the section references
                                                                                       Sec.   63.11(b).
                                                                                      No, beginning on and after
                                                                                       July 7, 2023. See Sec.
                                                                                       63.2380.
Sec.   63.11(c), (d), and (e)..  Control and work        Alternative work practice    Yes.
                                  practice requirements.  for equipment leaks.
Sec.   63.12...................  Delegation............  State authority to enforce   Yes.
                                                          standards.
Sec.   63.13...................  Addresses.............  Addresses where reports,     Yes.
                                                          notifications, and
                                                          requests are sent.
Sec.   63.14...................  Incorporation by        Test methods incorporated    Yes.
                                  Reference.              by reference.
Sec.   63.15...................  Availability of         Public and confidential      Yes.
                                  Information.            information.
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[FR Doc. 2020-05900 Filed 7-6-20; 8:45 am]
BILLING CODE 6560-50-P