[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Rules and Regulations]
[Pages 44752-44770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12541]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2019-0392; FRL-10008-48-OAR]
RIN 2060-AT07


National Emission Standards for Hazardous Air Pollutants: Rubber 
Tire Manufacturing 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 Rubber Tire Manufacturing source category 
regulated under national emission standards for hazardous air 
pollutants (NESHAP). In addition, we are taking final action to add 
electronic reporting of performance test results and reports, 
compliance reports, and Notification of Compliance Status (NOCS) 
reports and to remove the provision that exempts emissions from 
compliance with the standards during periods of startup, shutdown, and 
malfunction (SSM). These amendments are made under the authority of the 
Clean Air Act (CAA) and will improve effectiveness of the rule. The 
amendments are environmentally neutral.

DATES: This final rule is effective on July 24, 2020.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has 
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2019-0392. 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 electronically through https://www.regulations.gov/. Out of an abundance of caution for members of 
the public and our staff, the EPA Docket Center and Reading Room was 
closed to public visitors on March 31, 2020, to reduce the risk of 
transmitting COVID-19. Our Docket Center staff will continue to provide 
remote customer service via email, phone, and webform. There is a 
temporary suspension of mail delivery to the EPA, and no hand 
deliveries are currently accepted. For further information and updates 
on EPA Docket Center services and the current status, please visit us 
online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Mr. Korbin Smith, Sector Policies and Programs Division (D243-
04), Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-2416; fax number: (919) 541-4991; and email 
address: [email protected]. For specific information regarding the 
risk modeling methodology, contact Mr. James Hirtz, 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) 541-0881; 
and email address: [email protected]. For information about the 
applicability of the NESHAP to a particular entity, contact Mr. John 
Cox, Office of Enforcement and Compliance Assurance, U.S. Environmental 
Protection Agency, WJC South Building (Mail Code 2227A), 1200 
Pennsylvania Avenue 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:

CAA Clean Air Act
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
EPA Environmental Protection Agency
HAP hazardous air pollutants(s)
ICR information collection request
MACT maximum achievable control technology
NESHAP national emission standards for hazardous air pollutants
NOCS Notification of Compliance Status
NTTAA National Technology Transfer and Advancement Act
PRA Paper Reduction Act
RFA Regulatory Flexibility Act
RIN Regulatory Information Number
RTO regenerative thermal oxidizer
RTR Risk and Technology Review
SSM startup, shutdown, and malfunction
tpy tons per year
UMRA Unfunded Mandates Reform Act
VOC volatile organic compound(s)

    Background information. On October 30, 2019 the EPA proposed 
revisions to the Rubber Tire Manufacturing NESHAP based on the 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 Rubber Tire Manufacturing Residual Risk and 
Technology Review, Docket ID No. EPA-HQ-OAR-2019-0392. A ``track 
changes'' version of the regulatory language that incorporates the 
changes in this action is available in the docket.
    Organization of this document. The information in this preamble is 
organized as follows:


[[Page 44753]]


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 Rubber Tire Manufacturing source category and how 
does the NESHAP regulate HAP emissions from the source category?
    C. What changes did we propose for the Rubber Tire Manufacturing 
source category in our October 30, 2019, proposal?
III. What is included in this final rule?
    A. What are the final rule amendments based on the risk review 
for the Rubber Tire Manufacturing source category?
    B. What are the final rule amendments based on the technology 
review for the Rubber Tire Manufacturing source category?
    C. What are the final rule amendments addressing emissions 
during periods of SSM?
    D. What other changes have been made to the NESHAP?
    E. What are the effective and compliance dates of the standards?
IV. What is the rationale for our final decisions and amendments for 
the Rubber Tire Manufacturing source category?
    A. Residual Risk Review for the Rubber Tire Manufacturing Source 
Category
    B. Technology Review for the Rubber Tire Manufacturing Source 
Category
    C. SSM Provisions
    D. Electronic Reporting
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)
    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
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40 CFR part 63, subpart XXXX, Rubber Tire Manufacturing.         326211,
                                                          326212, 314992
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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. 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/rubber-tire-manufacturing-national-emission-standards-hazardous-air. 
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.

C. Judicial Review and Administrative Reconsideration

    Under 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 22, 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 hazardous air pollutants (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 tons per year (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)

[[Page 44754]]

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 58268.
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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 Rubber Tire Manufacturing source category and how does 
the NESHAP regulate HAP emissions from the source category?

    The EPA promulgated the Rubber Tire Manufacturing NESHAP on July 9, 
2002 (67 FR 45588). The standards are codified at 40 CFR part 63, 
subpart XXXX. The rubber tire manufacturing industry consists of 
facilities that produce components of rubber tires, which include, but 
are not limited to, rubber compounds, sidewalls, tread, tire beads, 
tire cord, and liners. The source category covered by this MACT 
standard currently includes 21 facilities.
    The Rubber Tire Manufacturing source category is subcategorized 
into four subcategories, which include rubber processing, tire 
production, tire cord production, and puncture sealant application.
    Emissions limits in the 2002 NESHAP for the Rubber Tire 
Manufacturing source category were set for each subcategory separately:
1. Rubber Processing
    There are no emission limits for rubber processing affected 
sources.
2. Tire Production
    There are two options for compliance under this subcategory. The 
first is a HAP constituent option that requires that emissions of each 
HAP in Table 16 to 40 CFR part 63, subpart XXXX, not exceed 1,000 grams 
HAP per megagram (2 pounds per ton) of total cements and solvents used 
at the tire production affected source, and that emissions of each HAP 
not in Table 16 to 40 CFR part 63, subpart XXXX, not exceed 10,000 
grams HAP per megagram (20 pounds per ton) of total cements and 
solvents used at the tire production affected source.
    The second emission limit option is a production-based option. For 
this option, emissions of HAP must not exceed 0.024 grams per megagram 
(0.00005 pounds per ton) of rubber used at the tire production affected 
source.
3. Tire Cord Production
    There are three options for compliance under this subcategory, 
depending, in part, on whether the source is an existing or new source. 
The first option is a production-based option for existing tire cord 
production affected sources. As part of this option, emissions must not 
exceed 280 grams HAP per megagram (0.56 pounds per ton) of fabric 
processed at the tire cord production affected source.
    The second option is a production-based option for new or 
reconstructed tire cord production affected sources. As part of this 
option, emissions must not exceed 220 grams HAP per megagram (0.43 
pounds per ton) of fabric processed at the tire cord production 
affected source.
    The third option is a HAP constituent option available to both 
existing and new or reconstructed tire cord production affected 
sources. As part of this option, emissions of each HAP in Table 16 to 
40 CFR part 63, subpart XXXX, must not exceed 1,000 grams HAP per 
megagram (2 pounds per ton) of total coatings used at the tire cord 
production affected source, and emissions of each HAP not in Table 16 
to 40 CFR part 63, subpart XXXX, must not exceed 10,000 grams HAP per 
megagram (20 pounds per ton) of total coatings used at the tire cord 
production affected source.
4. Puncture Sealant Application
    There are three options for compliance under this subcategory, 
again depending, in part, on whether the source is an existing or new 
source. The first option is a percent reduction option for existing 
puncture sealant application spray booths. As part of this option, 
facilities are required to reduce spray booth HAP (measured as volatile 
organic compounds (VOC)) emissions by at least 86 percent by weight.
    The second option is a percent reduction option for new or 
reconstructed puncture sealant application spray booths. As part of 
this option, facilities are required to reduce spray booth HAP 
(measured as VOC) emissions by at least 95 percent by weight.
    The third option is a HAP constituent option for both existing and 
new or reconstructed puncture sealant

[[Page 44755]]

application spray booths. As part of this option, emissions of each HAP 
in Table 16 to 40 CFR part 63, subpart XXXX, must not exceed 1,000 
grams HAP per megagram (2 pounds per ton) of total puncture sealants 
used at the puncture sealant affected source, and emissions of each HAP 
not in Table 16 to 40 CFR part 63, subpart XXXX, must not exceed 10,000 
grams HAP per megagram (20 pounds per ton) of total puncture sealants 
used at the puncture sealant affected source.
5. Alternatives for Meeting Emission Limits
    The three subcategories subject to emission limits (tire 
production, tire cord production, and puncture sealant application) 
offer compliance alternatives to meet the above-mentioned emission 
limits. For more information, a detailed breakdown of the subcategory 
alternatives can be found in 40 CFR 63.5985, 40 CFR 63.5987, and 40 CFR 
63.5989.

C. What changes did we propose for the Rubber Tire Manufacturing source 
category in our October 30, 2019, proposal?

    On October 30, 2019, the EPA published a proposed rule in the 
Federal Register for the Rubber Tire Manufacturing NESHAP, 40 CFR part 
63, subpart XXXX, that took into consideration the RTR analyses. In the 
proposed rule, we determined that it was not necessary to revise the 
standard pursuant to the technology or risk reviews. However, we did 
propose revisions to the SSM provisions of the MACT rule in order to 
ensure that the regulations are consistent with the Court decision in 
Sierra Club v. EPA, 551 F.3d 1019 (D.C. Cir. 2008). This decision 
vacated two provisions in the EPA's ``General Provisions'' implementing 
CAA section 112 at 40 CFR part 63, subpart A, that exempted sources 
from the requirement to comply with otherwise applicable CAA section 
112(d) emission standards during periods of SSM. In addition, we 
proposed to require electronic submittal of the NOCS report, 
performance test reports, and compliance reports for rubber tire 
manufacturing facilities.

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 Rubber Tire Manufacturing source 
category that it is not necessary to revise the standard pursuant to 
the technology and risk reviews. This actions also finalizes the 
removal of the SSM exemption and the addition of electronic reporting.

A. What are the final rule amendments based on the risk review for the 
Rubber Tire Manufacturing source category?

    The EPA proposed no changes to the 40 CFR part 63, subpart XXXX, 
NESHAP based on the risk review conducted pursuant to CAA section 
112(f). We are finalizing our proposed determination that risks from 
the source category following implementation of MACT standards are 
acceptable, considering all the health information and factors 
evaluated, and risk estimation uncertainty. We are also finalizing our 
proposed determination that the existing NESHAP provides an ample 
margin of safety to protect public health and to prevent an adverse 
environmental effect. The EPA received no new data or other information 
during the public comment period that affected our determinations. 
Therefore, we are not making any revisions to the existing standards, 
pursuant to CAA section 112(f), and we are readopting the existing 
standards.

B. What are the final rule amendments based on the technology review 
for the Rubber Tire Manufacturing source category?

    We determined that there are no developments in practices, 
processes, and control technologies. Therefore, we are not revising the 
MACT standards under CAA section 112(d)(6).

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

    We are finalizing the proposed amendments to the Rubber Tire 
Manufacturing source category 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 40 CFR 63.6(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.D.1 of the proposal preamble 
(84 FR 58268, October 30, 2019), we proposed to remove the SSM 
exemptions for the Rubber Tire Manufacturing source category and 
require that the standards apply at all times (see 40 CFR 63.5990(a)), 
consistent with the Court decision in Sierra Club v. EPA, 551 F. 3d 
1019 (D.C. Cir. 2008).
    Further, the EPA is not establishing standards for malfunctions. As 
discussed in the October 30, 2019, proposal preamble, 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. For the action, it is unlikely that a 
malfunction would result in a violation of the standards, and no 
comments were submitted that would suggest otherwise. Refer to section 
IV.D.1.a of the proposal preamble 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 XXXX, to 
eliminate requirements that include rule language providing an 
exemption for periods of SSM. We are also making an additional 
conforming change to Table 17 of the corresponding line for 40 CFR 
63.7(e)(1), and have removed the proposed 180 day compliance period for 
removal of the vacated general provisions SSM exemption in 40 CFR 
63.6(f)(1). 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. Finally, we 
are finalizing our proposal to revise the compliance report and related 
records as they relate to malfunctions, as further described below. As 
discussed in the proposal preamble, these revisions are consistent with 
the requirement in 40 CFR 63.5990(a), that the standards apply at all 
times. Refer to sections III.C.1 through 5 of the proposal preamble for 
a detailed discussion of these amendments.

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

    To increase the ease and efficiency of data submittal and data 
accessibility, we are finalizing a requirement that owners

[[Page 44756]]

and operators of facilities in the Rubber Tire Manufacturing source 
category submit electronic copies of certain required performance test 
reports, compliance reports, and NOCS reports through the EPA's Central 
Data Exchange (CDX) website. 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 Compliance 
and Emissions Data Reporting Interface (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.
    Based on comments received during the comment period, the EPA is 
modifying the compliance report provision. The regulations currently 
require sources to report the emission limit option and the compliance 
alternative that they have chosen to meet for each affected source. In 
the final rule, we are allowing facilities to report the emission limit 
option and compliance alternative at the facility level rather than for 
each affected source, if the same emission limit option and compliance 
alternative is used across all affected sources at the facility that 
are subject to the NESHAP. This change is reflected at 40 CFR 
63.6010(c)(7).
    We are finalizing a change from proposal to 40 CFR 63.6010(d) and 
40 CFR 63.6010(d)(2) to correct typographical errors, and further 
clarify the requirements for reporting deviations in the compliance 
report.
    Lastly, while the electronic reporting template is not part of the 
final rule, we note that we are adding a column to the template titled 
``actions taken to minimize emissions in accordance with Sec.  
63.5990,'' to correspond with 40 CFR 63.6010(d)(3). While stated 
correctly in the preamble to the proposed rule, it was accidently 
omitted from the electronic reporting template. We are also modifying 
the template, consistent with the change to 40 CFR 63.6010(c)(7) to 
specify that facilities may report the emission limit option and 
compliance alternative at the facility level rather than for each 
affected source, if the same emission limit option and compliance 
alternative is used across all affected sources at the facility that 
are subject to the NESHAP.

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

    The revisions to the MACT standards being promulgated in this 
action are effective on July 24, 2020.
    The compliance date for existing affected sources in the Rubber 
Tire Manufacturing source category is January 20, 2021, with the 
exception of the electronic format for submitting the compliance 
reports, and the vacated SSM exemption contained in 40 CFR 63.6(f)(1). 
We are revising Table 17 to clarify that for all affected sources, the 
vacated SSM exemption does not apply following the Court vacatur in 
Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008).
    For the electronic format for submitting compliance reports, both 
existing and new affected sources will have 1 year after the electronic 
reporting templates are available on CEDRI, or 1 year after July 24, 
2020, whichever is later. The EPA selected these compliance dates based 
on experience with similar industries and the EPA's detailed 
justification for the selected compliance dates is included in the 
preamble to the proposed rule (84 FR 58268).

IV. What is the rationale for our final decisions and amendments for 
the Rubber Tire Manufacturing 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 Rubber Tire Manufacturing Source 
Category

    1. What did we propose pursuant to CAA section 112(f) for the 
Rubber Tire Manufacturing source category?
    Pursuant to CAA section 112(f), the EPA conducted a risk review and 
presented the results for the review, along with our proposed decisions 
regarding risk acceptability and ample margin of safety, in the October 
30, 2019, proposed rule for the Rubber Tire Manufacturing source 
category (84 FR 58268). The results of the risk assessment are 
presented briefly in Table 2 of this preamble and in the risk report 
titled Residual Risk Assessment for the Rubber Tire Manufacturing 
Source Category in Support of the 2020 Risk and Technology Review Final 
Rule, and sections III and IV of the proposal preamble (84 FR 58268, 
October 30, 2019) available in the docket for this action.

                              Table 2--Inhalation Risk Assessment Summary for Rubber Tire Manufacturing \1\ Source Category
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                                        Maximum individual      Population at increased   Annual cancer incidence       Maximum chronic        Maximum
                                        cancer  risk (in 1     risk of cancer >= 1-in-1   (cases per year) based      noncancer TOSHI \4\     screening
                                     million) \3\  based on .   million based on . . .           on . . .               based on . . .          acute
                                                . .           ------------------------------------------------------------------------------  noncancer
      Number of facilities \2\      --------------------------                                                                                  HQ \5\
                                                                  Actual     Allowable      Actual     Allowable      Actual     Allowable     based on
                                        Actual     Allowable    emissions    emissions    emissions    emissions    emissions    emissions      actual
                                      emissions    emissions      level        level        level        level        level        level      emissions
                                        level        level                                                                                      level
--------------------------------------------------------------------------------------------------------------------------------------------------------
21.................................            4            4         4500         4500        0.002        0.002          0.2          0.2    0.4 (REL)
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\1\ Based on actual and allowable emissions.
\2\ Number of facilities evaluated in the risk assessment. Includes 21 operating facilities subject to 40 CFR part 63, subpart XXXX.
\3\ Maximum individual excess lifetime cancer risk due to HAP emissions from the source category.
\4\ Maximum target organ-specific hazard index (TOSHI). The target organ with the highest TOSHI for the Rubber Tire Manufacturing source category is the
  spleen.
\5\ 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 recommended exposure limit (REL). When an HQ
  exceeds 1, we also show the HQ using the next lowest available acute dose-response value. The HQ of 0.4 is based upon an acute REL based upon worst-
  case screening values.

    As proposed at 84 FR 58268-58301, for the Rubber Tire Manufacturing 
source category, the risk analysis indicates that the cancer risk to 
the individual most exposed is 4-in-1 million from both actual and 
allowable emissions. The risk analysis also estimates a cancer 
incidence of 0.002 excess cancer cases per year, or 1 case every 500 
years, as well as a maximum chronic noncancer target organ-specific 
hazard index value of 0.2 for both actual and allowable emissions. The 
results of the acute screening analysis also estimate a maximum acute 
noncancer

[[Page 44757]]

HQ screening value of less than 1 based on the acute reference exposure 
level. Mixing, extruding, and buffing emissions result in 88 percent of 
the cancer incidence for this source category with metal emissions from 
mixing, extruding, and buffing contributing 40 percent of the cancer 
incidence. Based on the low risks, we proposed risks are acceptable.
    We then examined whether additional controls were needed to provide 
an ample margin of safety to protect public health or to prevent an 
adverse environmental effect. In the original NESHAP rulemaking, we 
identified regenerative thermal oxidizers (RTOs) as an option for 
further reducing organic HAP emissions, but these controls were 
determined to not be cost effective. The associated costs for 
installing and operating an RTO have not changed significantly since 
the analysis in the original NESHAP.
    Based upon the previous analysis, we determined that the costs from 
the application of additional controls are not justified considering 
the low risks and the small reduction in risk resulting from the 
application of additional controls. Therefore, we proposed that the 
current NESHAP provides an ample margin of safety to protect public 
health.
    Lastly, as proposed regarding risk to the environment, we conducted 
a Tier 1 and Tier 2 environmental risk screening analysis (see 84 FR 
58284-58285). Based on the results of the environmental risk screening 
analysis, we do not expect an adverse environmental effect as a result 
of HAP emissions from this source category and, therefore, we are 
finalizing our determination that it is not necessary to set more 
stringent standards to prevent an adverse environmental effect.
2. How did the risk review change for the Rubber Tire Manufacturing 
source category?
    We did not receive any information that changed our risk or cost 
analyses and we are finalizing our proposed conclusion on the risk 
review.
3. What key comments did we receive on the risk review, and what are 
our responses?
    We received several comments regarding the proposed risk review and 
our determination that no revisions were warranted under CAA section 
112(f)(2). Comments both supported and suggested changes to our risk 
review. After review of these comments, 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 Rubber Tire 
Manufacturing Residual Risk and Technology Review, which is available 
in the docket for this action.
4. What is the rationale for our final approach and final decisions for 
the risk review?
    We evaluated all the comments on the EPA's risk review and 
determined that no changes to the review are needed. For the reasons 
explained in the proposed rule, we determined that the risks from the 
Rubber Tire Manufacturing 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, pursuant to CAA section 112(f)(2), we 
are finalizing our residual risk determination as proposed.

B. Technology Review for the Rubber Tire Manufacturing Source Category

1. What did we propose pursuant to CAA section 112(d)(6) for the Rubber 
Tire Manufacturing source category?
    Our review of the developments in technology for the Rubber Tire 
Manufacturing source category did not reveal any developments in 
practices, processes, and controls. Because our review did not identify 
any practices, processes, or controls to reduce emissions in the 
category since promulgation of the current NESHAP, we proposed that no 
revisions to the NESHAP are necessary pursuant to CAA section 
112(d)(6).
2. How did the technology review change for the Rubber Tire 
Manufacturing source category?
    The technology review did not change from proposal. Therefore, we 
are finalizing our determination that no revisions to the NESHAP are 
necessary pursuant to CAA section 112(d)(6).
3. What key comments did we receive on the technology review, and what 
are our responses?
    We received two comments regarding the proposed technology review 
and our determination that no revisions were warranted under CAA 
section 112(d)(6). The first comment supported our determination 
regarding the technology review. The second commenter stated that EPA 
legally must set emission limits for rubber processing which currently 
is unregulated. In support of their comment, the commenter states, ``As 
the Clean Air Act and D.C. Circuit Court precedent make clear, EPA must 
set limits on every emitted HAP. See, e.g., Nat'l Lime Ass'n v. EPA, 
233 F.3d 625, 633 (D.C. Cir. 2000); 42 U.S.C. 7412(d)(1)-(3). EPA's 42 
U.S.C. 7412(d)(6) authority does not allow EPA to ignore any pollutants 
while reviewing the emission standards for this source category, 
including subcategories. Rather, EPA must review and revise ``as 
necessary'' the emission standards for Rubber Processing.''
    CAA section 112(d)(6) requires the EPA to review and revise, as 
necessary (taking into account developments in practices, processes, 
and control technologies), emission standards promulgated under this 
section. The EPA reads CAA section 112(d)(6) as a limited provision 
requiring the Agency to, at least every 8 years, review the emission 
standards already promulgated in the NESHAP and to revise those 
standards as necessary taking into account developments in practices, 
processes, and control technologies. Under this reading, section 
112(d)(6) of the CCA does not impose upon the Agency any obligation to 
promulgate new emission standards or expand the scope of an existing 
regulation.\2\
---------------------------------------------------------------------------

    \2\ On April 21, 2020, as the Agency was preparing the final 
rule for signature, a decision was issued in LEAN v. EPA, 955 F. 3d. 
1088 (D.C. Cir. 2020) in which the Court held that the EPA has an 
obligation to set standards for unregulated pollutants as part of 
technology reviews under CAA section 112(d)(6). At the time of 
signature, the mandate in that case had not been issued and the EPA 
is continuing to evaluate the decision.
---------------------------------------------------------------------------

    When the EPA establishes initial standards for previously 
unregulated HAP or emissions points, we do so--consistent with CAA 
sections 112(d)(2) and (3) or, if the prerequisites are met, CAA 
section 112(d)(4). Establishing emissions standards under these 
provisions of the CAA involves a different analytical approach from 
reviewing emissions standards under CAA section 112(d)(6).
4. What is the rationale for our final approach for the technology 
review?
    Our technology review looked for add-on control technology that was 
not identified during the original NESHAP development and for 
improvements to existing add-on controls. We also looked for new work 
practices, operational procedures, process changes, pollution 
prevention alternatives, coating formulations, or application 
techniques that have the potential to reduce emissions. Based on our 
review, we did not identify any developments. Since proposal, no 
information has been presented to cause us to change the proposed 
determination. Consequently, we are finalizing our CAA section 
112(d)(6) determination as proposed.

[[Page 44758]]

C. SSM Provisions

1. What did we propose for the Rubber Tire Manufacturing source 
category?
    We proposed amendments to the Rubber Tire Manufacturing source 
category 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 58285-58287, October 30, 2019).
2. How did the SSM provisions change for the Rubber Tire Manufacturing 
source category?
    We are finalizing the SSM provisions as proposed, while making an 
additional conforming change to Table 17 of the corresponding line for 
40 CFR 63.7(e)(1) (see 84 FR 58268, October 30, 2019). We are not 
including a 180-day compliance period for removal of the general 
provisions SSM exemption in 40 CFR 63.6(f)(1), which were vacated by 
the Court in Sierra Club v. EPA, 551 F.3d 1019 (D.C. Cir. 2008).
3. What key comments did we receive on the SSM provisions, and what are 
our responses?
    We received one comment related to our proposed revisions to the 
SSM provisions. The commenter generally supported the proposed 
revisions to the SSM provisions and thus it does not support changes to 
the proposed SSM provisions. A summary of the comment and our response 
are located in the memorandum titled Summary of Public Comments and 
Responses for Rubber Tire Manufacturing Residual Risk and Technology 
Review, which is available in the docket for this action.
4. What is the rationale for our final approach for the SSM provisions?
    For the reasons explained in the proposed rule, we are finalizing 
the amendments 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 amendments to the SSM provisions 
is in the preamble to the proposed rule (84 FR 58285-58287). We are 
finalizing, as proposed, the amendments to remove or revise provisions 
related to SSM.
    Regarding compliance with the removal of the SSM exemption, our 
experience with similar industries shows that this sort of regulated 
facility generally requires a time period of 180 days to read and 
understand the amended rule requirements; to evaluate their operations 
to ensure that they can meet the standards during periods of startup 
and shutdown as defined in the rule and make any necessary adjustments; 
and to update their operation, maintenance, and monitoring plan to 
reflect the revised requirements. The EPA recognizes the confusion that 
multiple different compliance dates for individual requirements would 
create and the additional burden such an assortment of dates would 
impose. From our assessment of the time frame needed for compliance 
with the entirety of the revised requirements, the EPA considers a 
period of 180 days to be the most expeditious compliance period 
practicable and, thus, is finalizing that all affected sources that 
commenced construction or reconstruction on or before October 30, 2019, 
be in compliance with all of this regulation's revised requirements 
within 180 days of the regulation's effective date. As stated above, we 
are not including a 180-day compliance period for removal of the 
general provisions SSM exemption in 40 CFR 63.6(f)(1), which were 
vacated by the court in Sierra Club v. EPA, 551 F.3d 1019 (D.C. Cir. 
2008).

D. Electronic Reporting

1. What did we propose for the Rubber Tire Manufacturing source 
category?
    In the October 30, 2019, proposal, we proposed that owners and 
operators of facilities subject to the Rubber Tire Manufacturing NESHAP 
submit electronic copies of performance test results, compliance 
reports, and NOCS reports through the EPA's CDX, using CEDRI. More 
information concerning the proposed amendments to electronic reporting 
provisions is in the preamble to the proposed rule (84 FR 58288-58289). 
A description of the electronic submission process is provided in the 
memorandum, Electronic Reporting Requirements for New Source 
Performance Standards (NSPS) and National Emissions Standards for 
Hazardous Air Pollutants (NESHAP) Rules, August 8, 2018, in the docket 
for this action.
    We proposed an extension of the reporting deadline 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 (see 
84 FR 58288). Additionally, we 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.
2. How did the electronic reporting provisions change for the Rubber 
Tire Manufacturing source category?
    Based on comments received during the comment period, the EPA is 
modifying the electronic reporting provisions in one respect. The 
reporting provisions state that each facility that operates a tire 
production affected source record the emission limit option in 40 CFR 
63.5984 and the compliance alternative in 40 CFR 63.5985 that it 
chooses to meet to comply with the standards. In the final rule, we are 
allowing facilities to report the emission limit option at the facility 
level instead of for each affected source, if the facility uses the 
above-mentioned emission limit option facility wide.
3. What key comments did we receive on the electronic reporting 
provisions, and what are our responses?
    We received two comments regarding our proposed changes to the 
electronic reporting provisions. The first commenter generally 
supported the proposed electronic reporting provisions but stated that 
there should not be exemptions for force majeure events. The second 
commenter asks EPA to align reporting deadlines with state required 
reporting deadlines. A summary of the comments and our responses are 
located in the memorandum titled Summary of Public Comments and 
Responses for Rubber Tire Manufacturing Residual Risk and Technology 
Review, which is available in the docket for this action.
    Additionally, the second commenter requested that the EPA simplify 
the e-reporting template. This commenter stated that the template 
currently requires existing facilities to identify each piece of 
equipment subject to the Rubber Tire Manufacturing NESHAP and the 
emission limit option to which it is subject. The commenter requested, 
to reduce reporting burden, that the EPA allow facilities to designate 
the manner in which they comply with the MACT for the entire facility, 
instead of for each piece of equipment. We first note that the concern 
raised by the commenter is a concern with the regulatory text; the 
template merely reflects the requirements in the regulation. As stated 
in the section above, the EPA agrees with the commenter that reporting 
should be allowed at the facility level, if the facility uses the 
emission limit option facility wide and EPA is modifying the reporting 
requirements in the regulation (see 40 CFR 63.6010(c)(7)),. The 
electronic reporting template will be modified to

[[Page 44759]]

be consistent with the change to the regulatory text.
4. What is the rationale for our final approach for the electronic 
reporting provisions?
    For the reasons explained in the proposed rule and after evaluation 
of the comments on the proposed amendments, the EPA is requiring owners 
and operators of facilities subject to the Rubber Tire Manufacturing 
NESHAP to submit electronic copies of performance test, compliance 
reports, and NOCS reports through the EPA's CDX, using CEDRI. The 
rationale for the proposed amendments to the electronic reporting 
provisions is in the preamble to the proposed rule (84 FR 58268).
    Additionally, as stated above, the EPA has determined that 
requiring facilities to report the emission limit option for each 
affected source (piece of equipment) is unnecessary where the facility 
is using the same emission limit option for all affected sources 
subject to this standard. In this case, simply reporting the only 
utilized emission limit option provides the EPA the same level of 
information while reducing unnecessary reporting burden on industry.

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

A. What are the affected facilities?

    The EPA estimates that there are 21 rubber tire manufacturing 
facilities that are subject to the Rubber Tire Manufacturing NESHAP 
affected by the final amendments to 40 CFR part 63, subpart XXXX. The 
bases of our estimates of affected facilities are provided in the 
memorandum, Rubber Tire Major Source Memo, which is available in the 
docket for this action. We are not currently aware of any planned or 
potential new or reconstructed rubber tire manufacturing facilities in 
the source category.

B. What are the air quality impacts?

    All major sources in the source category would be required to 
comply with the relevant emission standards at all times, including 
periods of SSM. We do not anticipate any air quality impacts as a 
result of the final amendments as facilities are already in compliance 
with emission limits during all periods, including SSM.

C. What are the cost impacts?

    The one-time cost associated with reviewing the revised rule and 
becoming familiar with the electronic reporting requirements is 
estimated to be $6,740 (2017$). The total cost per facility is 
estimated to be $321. All other costs associated with notifications, 
reporting, and recordkeeping are believed to be unchanged because the 
facilities in each source category are currently required to comply 
with notification, reporting, and recordkeeping requirements and will 
continue to be required to comply with those requirements. The number 
of personnel-hours required to develop the materials in support of 
reports required by the NESHAP remain unchanged.

D. What are the economic impacts?

    Economic impact analyses focus on changes in market prices and 
output levels. If changes in market prices and output levels in the 
primary markets are significant enough, impacts on other markets may 
also be examined. Both the magnitude of costs needed to comply with a 
final rule and the distribution of these costs among affected 
facilities can have a role in determining how the market will change in 
response to a final rule. The total cost associated with this final 
rule is estimated to be $6,740, which is a one-time cost associated 
with reviewing the revised rule and becoming familiar with the 
electronic reporting requirements. The estimated cost per facility is 
$321. These 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 does not anticipate reductions in HAP emissions as a result 
of the final amendments to the Rubber Tire Manufacturing NESHAP. 
However, the final amendments would improve the rule by ensuring that 
the standards apply at all times and by requiring electronic submittal 
of initial notifications, performance test results, and compliance 
reports that would increase the usefulness of the data and would 
ultimately result in less burden on the regulated community. Because 
these final amendments are not considered economically significant, as 
defined by Executive Order 12866, and because no emission reductions 
were estimated, we did not estimate any health benefits from reducing 
emissions.

F. What analysis of environmental justice did we conduct?

    We examined the potential for any environmental justice issues that 
might be associated with the source category by performing a 
demographic analysis of the population close to the facilities. In this 
analysis, we evaluated the distribution of HAP-related cancer and 
noncancer risks from the 40 CFR part 63, subpart XXXX source category 
across different social, demographic, and economic groups within the 
populations living near facilities identified as having the highest 
risks. The methodology and the results of the demographic analyses are 
included in a technical report, Risk and Technology Review--Analysis of 
Demographic Factors for Populations Living Near Rubber Tire 
Manufacturing Source Category Operations, available in the docket for 
this action (Docket ID No. EPA-HQ-OAR-2019-0392). The results, for 
various demographic groups, are based on the estimated risks from 
actual emissions levels for the population living within 50 kilometers 
(km) of the facilities.\3\
---------------------------------------------------------------------------

    \3\ This metric comes from the Benzene NESHAP. See 54 FR 38046.
---------------------------------------------------------------------------

    The results of the risk analysis indicate that there are 
approximately 4,500 people within a 50-km radius of modeled facilities 
exposed to a cancer risk greater than or equal to 1-in-1 million as a 
result of emissions from Rubber Tire Manufacturing source category 
operations. The specific demographic results for minority populations, 
low-income populations, and/or indigenous peoples, indicate that the 
percentage of the population potentially impacted by Rubber Tire 
Manufacturing emissions is greater than its corresponding nationwide 
percentage for: African American (25 percent for the source category 
compared to 12 percent nationwide) and below the poverty level (21 
percent for the source category compared to 14 percent nationwide). The 
remaining demographic group percentages within 50 km of Rubber Tire 
Manufacturing source category operations exposed to a cancer risk 
greater than or equal to 1-in-1 million are the same or less than the 
corresponding nationwide percentages.
    The risks due to HAP emissions from this source category were found 
to be acceptable for all populations (e.g., with inhalation cancer 
risks less than or equal to 4-in-1 million for all populations and non-
cancer hazard indexes are less than 1). We do not expect this final 
rule to achieve significant reductions in HAP emissions. However, this 
final rule will provide additional benefits to all populations, 
including these demographic groups that have a greater representation 
in the 50 km radius of modeled facilities, by improving the compliance, 
monitoring, and implementation of the NESHAP.

[[Page 44760]]

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 contained in sections 
III.A and IV.A and B of the proposal preamble and further documented in 
the memorandum, Residual Risk Assessment for the Rubber Tire 
Manufacturing 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 Order 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 1982.04. 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 changes to the recordkeeping and reporting 
requirements associated with 40 CFR part 63, subpart XXXX, in the form 
of eliminating the SSM plan and related reporting requirements; 
including reporting requirements for deviations in compliance reports; 
and including the requirement for electronic submittal of reports. In 
addition, the number of facilities subject to the standards changed 
since the original ICR was finalized. The number of respondents was 
reduced from 23 to 21 based on consultation with industry 
representatives and state/local agencies.
    Respondents/affected entities: The respondents to the recordkeeping 
and reporting requirements are owners or operators of rubber tire 
manufacturing facilities subject to 40 CFR part 63, subpart XXXX.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart XXXX).
    Estimated number of respondents: 21 facilities.
    Frequency of response: The frequency of responses varies depending 
on the burden item. Responses include, reports of periodic performance 
tests and compliance reports.
    Total estimated burden: The annual recordkeeping and reporting 
burden for responding facilities to comply with all of the requirements 
in the NESHAP, averaged over the 3 years of this ICR, is estimated to 
be 5,870 hours (per year). The average annual burden to the Agency over 
the 3 years after the amendments are final is estimated to be 156 hours 
(per year) for the Agency. Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: The annual recordkeeping and reporting cost 
after amendments for responding facilities to comply with all of the 
requirements in the NESHAP, averaged over the 3 years of this ICR, is 
estimated to be $819,000 (rounded, per year). Amendments for this 
rulemaking account for $6,740 (2017$) of the $819,000 (rounded, per 
year). The total cost per facility is estimated to be $321. There are 
no estimated capital and operation and maintenance costs. The total 
average annual Agency cost over the first 3 years after the amendments 
are final is estimated to be $7,330.
    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. This 
action will not impose any requirements on small entities, since there 
are no small entities in the source category.

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. While this action 
creates an enforceable duty on the private sector, the cost does not 
exceed $100 million or more.

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 has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. Two facilities subject to 
this rulemaking are located on tribal land.
    The EPA consulted with tribal officials under the EPA Policy on 
Consultation and Coordination with Indian Tribes early in the process 
of developing this regulation to permit them to have meaningful and 
timely input into its development. A summary of that consultation is 
provided in the Rubber Tire Tribal Consultation Letter, available in 
the docket for this rulemaking.

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 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 III.A and IV.A and B of the proposal preamble and further 
documented in the memorandum, Residual Risk Assessment for the Rubber 
Tire Manufacturing Source Category in Support of the 2020 Risk and 
Technology Review Final Rule, available in the docket for this action.

[[Page 44761]]

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)

    This rulemaking does not involve technical standards.

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 sections IV.A, 
IV.B, IV.F, and IV.G of the proposal preamble. As discussed in sections 
IV.A, IV.B, IV.F, and IV.G of the proposal preamble, we performed a 
demographic analysis for the source category, which is an assessment of 
risks to individual demographic groups, of the population close to the 
facilities (within 50 km and within 5 km). The results of this 
evaluation are contained in the memorandum, Risk and Technology 
Review--Analysis of Demographic Factors for Populations Living Near 
Rubber Tire Manufacturing Source Category Operations, which is 
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, Intergovernmental 
relations, Reporting and recordkeeping requirements.

Andrew Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA is amending 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 XXXX--National Emission Standards for Hazardous Air 
Pollutants: Rubber Tire Manufacturing

0
2. Section 63.5990 is amended by:
0
a. Revising paragraphs (a), (b), (d), (f) introductory text, (f)(2) and 
(3); and
0
b. Adding paragraph (f)(4).
    The revisions and addition read as follows:


Sec.  63.5990   What are my general requirements for complying with 
this subpart?

    (a) Before January 21, 2021, you must be in compliance with the 
applicable emission limitations specified in Tables 1 through 4 to this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction if you are using a control device to comply with an 
emission limit. After January 20, 2021, you must be in compliance with 
the applicable emission limitations specified in Tables 1 through 4 to 
this subpart at all times.
    (b) Before January 21, 2021, except as provided in Sec.  
63.5982(b)(4), 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). After January 20, 
2021, 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.
* * * * *
    (d) Before January 21, 2021, for each affected source that complies 
with the emission limits in Tables 1 through 3 to this subpart using a 
control device, you must develop a written startup, shutdown, and 
malfunction plan according to the provisions in Sec.  63.6(e)(3). After 
January 20, 2021, a startup, shutdown, and malfunction plan is not 
required.
* * * * *
    (f) Before January 21, 2021, in your site-specific monitoring plan, 
you must also address the ongoing procedures specified in paragraphs 
(f)(1) through (3) of this section as follows. After January 20, 2021, 
in your site-specific monitoring plan, you must also address the 
ongoing procedures specified in paragraphs (f)(1) through (4) of this 
section as follows.
* * * * *
    (2) Before January 21, 2021, ongoing data quality assurance 
procedures in accordance with the general requirements of Sec.  
63.8(d). After January 20, 2021, ongoing data quality assurance 
procedures in accordance with the general requirements of Sec.  
63.8(d)(1) and (2).
    (3) Before January 21, 2021, ongoing recordkeeping and reporting 
procedures in accordance with the general requirements of Sec.  
63.10(c), (e)(1), and (e)(2)(i). After January 20, 2021, the owner or 
operator shall keep these written procedures 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, the owner or operator shall 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); and
    (4) After January 20, 2021, ongoing recordkeeping and reporting 
procedures in accordance with the general requirements of Sec.  
63.10(c), (e)(1), and (e)(2)(i).

0
3. Section 63.5993 is amended by revising paragraphs (c) and (d) to 
read as follows:


Sec.  63.5993   What performance tests and other procedures must I use?

* * * * *
    (c) Before January 21, 2021, you may not conduct performance tests 
during periods startup, shutdown, or malfunction, as specified in Sec.  
63.7(e)(1). After January 20, 2021, performance tests shall be 
conducted under such conditions as the Administrator specifies to the 
owner or operator based

[[Page 44762]]

on representative performance of the affected source for the period 
being tested. Representative conditions exclude periods of startup and 
shutdown unless specified by the Administrator or an applicable 
subpart. The owner or operator may not conduct performance tests during 
periods of malfunction. The owner or operator 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, the owner or 
operator shall make available to the Administrator such records as may 
be necessary to determine the conditions of performance tests.
    (d) Before January 21, 2021, You must conduct three separate test 
runs for each performance test required in this section, as specified 
in Sec.  63.7(e)(1) unless otherwise specified in the test method. Each 
test run must last at least 1 hour. After January 20, 2021, you must 
conduct three separate test runs for each performance test required in 
this section, as specified in Sec.  63.5993(c) above, unless otherwise 
specified in the test method. Each test run must last at least 1 hour.
* * * * *

0
4. Section 63.5995 is amended by revising paragraph (d) to read as 
follows:


Sec.  63.5995   What are my monitoring installation, operation, and 
maintenance requirements?

* * * * *
    (d) For any other control device, or for other capture systems, 
ensure that the CPMS is operated according to a monitoring plan 
submitted to the Administrator with the Notification of Compliance 
Status report required by Sec.  63.9(h). The monitoring plan must meet 
the requirements in paragraphs (a) and (d)(1) through (3) of this 
section. Conduct monitoring in accordance with the plan submitted to 
the Administrator unless comments received from the Administrator 
require an alternate monitoring scheme.
* * * * *

0
5. Section 63.6009 is amended by:
0
a. Revising paragraph (e)(2); and
0
b. Adding paragraph (k)
    The revision and addition read as follows:


Sec.  63.6009   What notifications must I submit and when?

* * * * *
    (e) * * *
    (2) Before January 21, 2021, for each initial compliance 
demonstration required in tables 6 through 8 to this subpart that 
includes a performance test conducted according to the requirements in 
table 5 to this subpart, you must submit the Notification of Compliance 
Status, including the performance test results, before the close of 
business on the 60th calendar day following the completion of the 
performance test according to Sec.  63.10(d)(2). After January 20, 
2021, for each initial compliance demonstration required in tables 6 
through 8 to this subpart that includes a performance test conducted 
according to the requirements in table 5 to this subpart, you must 
submit the Notification of Compliance Status, including the performance 
test results, before the close of business on the 60th calendar day 
following the completion of the performance test according to Sec.  
63.10(d)(2) and Sec.  63.6010(h)(1) through (3).
* * * * *
    (k) You must submit to the Administrator notification reports of 
the following recorded information. Beginning on January 21, 2021 or 
once the reporting form has been available on the Compliance and 
Emissions Data Reporting Interface (CEDRI) website for 1-year, 
whichever date is later, you must submit all subsequent notification of 
compliance status reports required in Sec. Sec.  63.9(h) and 63.6009(d) 
through (i) to the EPA via the CEDRI. The CEDRI interface can be 
accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov). You must use the appropriate electronic report form 
(i.e., template) on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this subpart. The date on which the 
report form becomes available will be listed on the CEDRI website. If 
the reporting form for the notification of compliance status report 
specific to this subpart is not available in CEDRI at the time that the 
report is due, you must submit the report to the Administrator at the 
appropriate addresses listed in Sec.  63.13. Once the form has been 
available in CEDRI for 1 year, you must begin submitting all subsequent 
notification of compliance status reports via CEDRI. The applicable 
notification must be submitted by the deadline specified in this 
subpart, regardless of the method in which the report is submitted. The 
EPA will make all the information submitted through CEDRI available to 
the public without further notice to you. Do not use CEDRI to submit 
information you claim as confidential business information (CBI). 
Anything submitted using CEDRI cannot later be claimed to be CBI. 
Although we do not expect persons to assert a claim of CBI, if persons 
wish to assert a CBI, if you claim that 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 electronic reporting form found 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. 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 shall be 
submitted to the EPA via the EPA's CDX CEDRI as described earlier in 
this paragraph. All CBI claims must be asserted at the time of 
submission. Furthermore, under CAA section 114(c) emissions data is not 
entitled to confidential treatment and requires EPA to make emissions 
data available to the public. Thus, emissions data will not be 
protected as CBI and will be made publicly available. Where applicable, 
you may assert a claim of the EPA system outage, in accordance with 
Sec.  63.6010(i), or force majeure, in accordance with Sec.  
63.6010(j), for failure to timely comply with this requirement.

0
6. Section 63.6010 is amended by:
0
a. Revising paragraphs (b)(2) and (4);
0
b. Revising paragraphs (c)(4) and (7);
0
c. Revising paragraphs (d) introductory text, (1), and (2), and adding 
paragraph (d)(3);
0
d. Revising paragraph (g); and
0
e. Adding paragraphs (h) through (j).
    The revisions and additions read as follows:


Sec.  63.6010   What reports must I submit and when?

* * * * *
    (b) * * *
    (2) Before January 21, 2021, the first semiannual compliance report 
must be postmarked or delivered no later than July 31 or January 31, 
whichever date follows the end of the first calendar half after the 
compliance date that is specified for your affected source in Sec.  
63.5983. After January 20, 2021, the first semiannual compliance report 
must be submitted electronically via CEDRI no later than July 31 or 
January 31, whichever date follows the end of the first calendar half 
after the compliance date that is specified for your affected source in 
Sec.  63.5983.
* * * * *
    (4) Before January 21, 2021, each subsequent semiannual compliance 
report must be postmarked or delivered no later than July 31 or January 
31,

[[Page 44763]]

whichever date is the first date following the end of the semiannual 
reporting period. After January 20, 2021, each subsequent semiannual 
compliance report must be submitted electronically via CEDRI no later 
than July 31 or January 31, whichever date is the first date following 
the end of the semiannual reporting period.
* * * * *
    (c) * * *
    (4) Before January 21, 2021, if you had a startup, shutdown and 
malfunction during the reporting period and you took actions consistent 
with your startup, shutdown, and malfunction plan, the compliance 
report must include the information in Sec.  63.10(d)(5)(i). After 
January 20, 2021, a startup, shutdown, and malfunction plan is not 
required.
* * * * *
    (7) Before January 21, 2021, for each tire production affected 
source, the emission limit option in Sec.  63.5984 and the compliance 
alternative in Sec.  63.5985 that you have chosen to meet. After 
January 20, 2021, for each tire production affected source, the 
emission limit option in Sec.  63.5984 and the compliance alternative 
in Sec.  63.5985 that you have chosen to meet. If you have chosen the 
same emission limit option and compliance alternative for every tire 
production affected source at your facility, then you may report the 
emission limit option and compliance alternative for the facility 
rather than for each tire production affected source.
* * * * *
    (d) Before January 21, 2021, for each deviation from an emission 
limitation (emission limit or operating limit) that occurs at an 
affected source where you are not using a CPMS to comply with the 
emission limitations in this subpart, the compliance report must 
contain the information in paragraphs (c)(1) through (4) and paragraphs 
(d)(1) and (2) of this section. This includes periods of startup, 
shutdown, and malfunction when the affected source is operating. After 
January 20, 2021, for each deviation from an emission limitation 
(emission limit or operating limit) that occurs at an affected source 
where you are not using a CPMS to comply with the emission limitations 
in this subpart, the compliance report must contain the information in 
paragraphs (c)(1) through (3) and (d)(1) through (3) of this section. 
This includes periods of startup, shutdown, and malfunction when the 
affected source is operating.
    (1) Before January 20, 2021 the total operating time of each 
affected source during the reporting period. After January 20, 2021, 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) Before January 20, 2021 information on the number, duration, 
and cause of deviations (including unknown cause, if applicable) and 
the corrective action taken. After January 20, 2021, for each failure 
to meet an applicable standard, record and retain a list of the cause 
of deviations (including unknown cause, if applicable), 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) After January 20, 2021, record actions taken to minimize 
emissions in accordance with Sec.  63.5990, and any corrective actions 
taken to return the affected unit to its normal or usual manner of 
operation.
* * * * *
    (g) Before July 24, 2021, or once the reporting form has been 
available on the CEDRI website for 1-year, whichever date is later, if 
acceptable to both the Administrator and you, you may submit reports 
and notifications electronically. Beginning on July 24, 2021, or once 
the reporting form has been available on the CEDRI website for 1-year, 
whichever date is later, you must submit compliance reports required in 
Sec.  63.6010(c)(1) through (10), as applicable, to the EPA via the 
CEDRI. The CEDRI interface can be accessed through the EPA's CDX 
(https://cdx.epa.gov). You must use the appropriate electronic report 
form on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this subpart. The date on which the report 
form becomes available will be listed on the CEDRI website. If the 
reporting form for the compliance report specific to this subpart is 
not available in CEDRI at the time that the report is due, you must 
submit the report to the Administrator at the appropriate addresses 
listed in Sec.  63.13. Once the form has been available in CEDRI for 1-
year, you must begin submitting all subsequent reports via CEDRI. The 
reports must be submitted by the deadlines specified in this subpart, 
regardless of the method in which the reports are submitted. The EPA 
will make all the information submitted through CEDRI available to the 
public without further notice to you. Do not use CEDRI to submit 
information you claim as CBI. Anything submitted using CEDRI cannot 
later be claimed to be CBI. Although we do not expect persons to assert 
a claim of CBI, if persons wish to assert a CBI, if you claim that 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 electronic reporting 
form found 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. 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 shall be submitted to the EPA via the EPA's CDX 
CEDRI as described earlier in this paragraph. All CBI claims must be 
asserted at the time of submission. Furthermore, under CAA section 
114(c) emissions data is not entitled to confidential treatment and 
requires EPA to make emissions data available to the public. Thus, 
emissions data will not be protected as CBI and will be made publicly 
available.
    (h) After January 20, 2021, if you use a control system (add-on 
control device and capture system) to meet the emission limitations, 
you must also conduct a performance test at least once every 5 years 
following your initial compliance demonstration to verify control 
system performance and reestablish operating parameters or operating 
limits for control systems used to comply with the emissions limits. 
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 
(h)(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 the 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 
extensible markup language (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

[[Page 44764]]

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 (h) of this section is CBI, 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 paragraph (h) of this 
section. All CBI claims must be asserted at the time of submission. 
Furthermore, under CAA section 114(c) emissions data is not entitled to 
confidential treatment and requires EPA to make emissions data 
available to the public. Thus, emissions data will not be protected as 
CBI and will be made publicly available.
    (i) After January 20, 2021 if you are required to electronically 
submit a report or notification (i.e., Notification of Compliance 
Status Report) through CEDRI in the EPA's CDX, you may assert a claim 
of the EPA system outage for failure to timely comply with the 
reporting requirement. To assert a claim of the 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 or notification 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 5 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 the EPA system outage;
    (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.
    (6) The decision to accept the claim of the 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 or notification must be 
submitted electronically as soon as possible after the outage is 
resolved.
    (j) After January 20, 2021 if you are required to electronically 
submit a report or notification (i.e., Notification of Compliance 
Status 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 section, 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
7. Section 63.6011 is amended by:
0
a. Revising paragraph (a)(3); and
0
b. Adding paragraph (e).
    The revision and addition read as follows:


Sec.  63.6011   What records must I keep?

    (a) * * *
    (3) Before January 21, 2021, the records in Sec.  63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction. After 
January 20, 2021, it is not required to keep records in Sec.  
63.6(e)(3)(iii) through (v) related to startup, shutdown, and 
malfunction.
* * * * *
    (e) After January 20, 2021 any records required to be maintained by 
this subpart that are submitted electronically via the EPA's CEDRI may 
be maintained in electronic format. This ability to maintain electronic 
copies does not affect the requirement for facilities to make records, 
data, and reports available upon request to a delegated air agency or 
the EPA as part of an on-site compliance evaluation.

0
8. Section 63.6015 is amended by revising the definition for 
``Deviation'' to read as follows:


Sec.  63.6015   What definitions apply to this part?

* * * * *
    Deviation means any instance in which an affected source, subject 
to this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any 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 January 21, 2021, fails to meet any emission limitation 
(including any operating limit) or work practice standard in this 
subpart during startup, shutdown, and malfunction, regardless of 
whether or not such failure is permitted by this subpart. On and after

[[Page 44765]]

January 21, 2021, this paragraph no longer applies.
* * * * *

0
9. Table 15 of Subpart XXXX is revised to read as follows:

                          Table 15 to Subpart XXXX of Part 63--Requirements for Reports
 [As stated in Sec.   63.6010, you must submit each report that applies to you according to the following table]
----------------------------------------------------------------------------------------------------------------
        You must submit a(n)              The report must contain . . .       You must submit the report . . .
----------------------------------------------------------------------------------------------------------------
1. Compliance report                  a. If there are no deviations from    Semiannually according to the
                                       any emission limitations that apply   requirements in Sec.   63.6010(b),
                                       to you, a statement that there were   unless you meet the requirements
                                       no deviations from the emission       for annual reporting in Sec.
                                       limitations during the reporting      63.6010(f).
                                       period. If there were no periods
                                       during which the CPMS was out-of-
                                       control as specified in Sec.
                                       63.8(c)(7), a statement that there
                                       were no periods during which the
                                       CPMS was out-of-control during the
                                       reporting period
                                      b. If you have a deviation from any   Semiannually according to the
                                       emission limitation during the        requirements in Sec.   63.6010(b),
                                       reporting period at an affected       unless you meet the requirements
                                       source where you are not using a      for annual reporting in Sec.
                                       CPMS, the report must contain the     63.6010(f).
                                       information in Sec.   63.6010(d).
                                       If the deviation occurred at a
                                       source where you are using a CMPS
                                       or if there were periods during
                                       which the CPMS were out-of-control
                                       as specified in Sec.   63.8(c)(7),
                                       the report must contain the
                                       information required by Sec.
                                       63.5990(f)(3)
                                      c. Before January 21, 2021, If you    Before January 21, 2021,
                                       had a startup, shutdown, and          semiannually according to the
                                       malfunction during the reporting      requirements in Sec.   63.6010(b),
                                       period and you took actions           unless you meet the requirements
                                       consistent with your startup,         for annual reporting in Sec.
                                       shutdown, and malfunction plan, the   63.6010(f). After January 20, 2021,
                                       compliance report must include the    this information is no longer
                                       information in Sec.                   required.
                                       63.10(d)(5)(i). After January 20,
                                       2021, this information is no longer
                                       required
2. Before January 21, 2021,           a. Before January 21, 2021, actions   Before January 21, 2021, by fax or
 immediate startup, shutdown, and      taken for the event. After January    telephone within 2 working days
 malfunction report if you had a       20, 2021, this report is no longer    after starting actions inconsistent
 startup, shutdown, and malfunction    required                              with the plan. After January 20,
 during the reporting period that is                                         2021, this report is no longer
 not consistent with your startup,                                           required.
 shutdown, and malfunction plan.
 After January 20, 2021, this report
 is no longer required
                                      b. Before January 21, 2021, the       Before January 21, 2021, by letter
                                       information in Sec.                   within 7 working days after the end
                                       63.10(d)(5)(ii). After January 20,    of the event unless you have made
                                       2021, this report is no longer        alternative arrangements with the
                                       required                              permitting authority (Sec.
                                                                             63.10(d)(5)(ii)). After January 20,
                                                                             2021, this report is no longer
                                                                             required.
3. Performance Test Report            If you use a control system (add-on   Conduct a performance test at least
                                       control device and capture system)    once every 5 years following your
                                       to meet the emission limitations      initial compliance demonstration
                                                                             according to the requirements in
                                                                             Sec.   63.5993.
----------------------------------------------------------------------------------------------------------------


0
10. Table 17 of Subpart XXXX is revised to read as follows:
    Before January 21, 2021, as stated in Sec.  63.6013, you must 
comply with the applicable General Provisions (GP) requirements 
according to the following table:

          Table 17 to Subpart XXXX of Part 63--Applicability of General Provisions to This Subpart XXXX
----------------------------------------------------------------------------------------------------------------
                                                                               Applicable to Subpart XXXX?
                                                 Brief description of   ----------------------------------------
        Citation                Subject           applicable sections      Using a control        Not using a
                                                                                device          control device
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.............  Applicability......  Initial applicability     Yes................  Yes.
                                                determination;
                                                applicability after
                                                standard established;
                                                permit requirements;
                                                extensions;
                                                notifications.
Sec.   63.2.............  Definitions........  Definitions for part 63   Yes................  Yes.
                                                standards.
Sec.   63.3.............  Units and            Units and abbreviations   Yes................  Yes.
                           Abbreviations.       for part 63 standards.
Sec.   63.4.............  Prohibited           Prohibited activities;    Yes................  Yes.
                           Activities.          compliance date;
                                                circumvention;
                                                severability.
Sec.   63.5.............  Construction/        Applicability;            Yes................  Yes.
                           Reconstruction.      applications; approvals.
Sec.   63.6(a)..........  Applicability......  GP apply unless           Yes................  Yes.
                                                compliance extension;
                                                GP apply to area
                                                sources that become
                                                major.
Sec.   63.6(b)(1)-(4)...  Compliance Dates     Standards apply at        Yes................  Yes.
                           for New and          effective date; 3 years
                           Reconstructed        after effective date;
                           Sources.             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................  Yes.
                                                construction or
                                                reconstruction after
                                                proposal.
Sec.   63.6(b)(6).......  [Reserved].........  ........................  ...................  ..................
Sec.   63.6(b)(7).......  Compliance Dates     ........................  No.................  No.
                           for New and
                           Reconstructed Area
                           Sources that
                           Become Major.

[[Page 44766]]

 
Sec.   63.6(c)(1)-(2)...  Compliance Dates     Comply according to date  Yes................  Yes.
                           for Existing         in subpart, which must
                           Sources.             be no later than 3
                                                years after effective
                                                date; for CAA 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     Area sources that become  Yes................  Yes.
                           for Existing Area    major must comply with
                           Sources that         major source standards
                           Become Major.        by date indicated in
                                                subpart or by
                                                equivalent time period
                                                (for example, 3 years).
Sec.   63.6(d)..........  [Reserved]
Sec.   63.6(e)(1)-(2)...  Operation &          Operate to minimize       Yes................  Yes.
                           Maintenance.         emissions at all times;
                                                correct malfunctions as
                                                soon as practicable;
                                                and operation and
                                                maintenance
                                                requirements
                                                independently
                                                enforceable;
                                                information
                                                Administrator will use
                                                to determine if
                                                operation and
                                                maintenance
                                                requirements were met.
Sec.   63.6(e)(3).......  Startup, Shutdown,   ........................  Yes................  No.
                           and Malfunction
                           Plan.
Sec.   63.6(f)(1).......  Compliance Except    ........................  No. See Sec.         No.
                           During Startup,                                63.5990(a).
                           Shutdown, and
                           Malfunction.
Sec.   63.6(f)(2)-(3)...  Methods for          Compliance based on       Yes................  Yes.
                           Determining          performance test;
                           Compliance.          operation and
                                                maintenance plans;
                                                records; inspection.
Sec.   63.6(g)(1)-(3)...  Alternative          Procedures for getting    Yes................  Yes.
                           Standard.            an alternative standard.
Sec.   63.6(h)..........  Opacity/Visible      ........................  No.................  No.
                           Emission (VE)
                           Standards.
Sec.   63.6(i)..........  Compliance           Procedures and criteria   Yes................  Yes.
                           Extension.           for Administrator to
                                                grant compliance
                                                extension.
Sec.   63.6(j)..........  Presidential         President may exempt      Yes................  Yes.
                           Compliance           source category from
                           Exemption.           requirement to comply
                                                with rule.
Sec.   63.7(a)(1)-(2)...  Performance Test     ........................  No.................  No.
                           Dates.
Sec.   63.7(a)(3).......  CAA section 114      Administrator may         Yes................  No.
                           Authority.           require a performance
                                                test under CAA section
                                                114 at any time.
Sec.   63.7(b)(1).......  Notification of      Must notify               Yes................  No.
                           Performance Test.    Administrator 60 days
                                                before the test.
Sec.   63.7(b)(2).......  Notification of      If rescheduling a         Yes................  No.
                           Rescheduling.        performance test is
                                                necessary, must notify
                                                Administrator 5 days
                                                before scheduled date
                                                of rescheduled date.
Sec.   63.7(c)..........  Quality Assurance/   Requirement to submit     Yes................  No.
                           Test Plan.           site-specific test plan
                                                60 days before the test
                                                or on date
                                                Administrator agrees
                                                with: test plan
                                                approval procedures;
                                                performance audit
                                                requirements; and
                                                internal and external
                                                quality assurance
                                                procedures for testing.
Sec.   63.7(d)..........  Testing Facilities.  Requirements for testing  Yes................  No.
                                                facilities.
Sec.   63.7(e)(1).......  Conditions for       Performance tests must    Yes................  No.
                           Conducting           be conducted under
                           Performance Tests.   representative
                                                conditions; cannot
                                                conduct performance
                                                tests during startup,
                                                shutdown, and
                                                malfunction; not a
                                                violation to exceed
                                                standard during
                                                startup, shutdown, and
                                                malfunction.
Sec.   63.7(e)(2).......  Conditions for       Must conduct according    Yes................  No.
                           Conducting           to rule and the EPA
                           Performance Tests.   test methods unless
                                                Administrator approves
                                                alternative.
Sec.   63.7(e)(3).......  Test Run Duration..  Must have three test      Yes................  No.
                                                runs of at least 1 hour
                                                each; compliance is
                                                based on arithmetic
                                                mean of three runs; and
                                                conditions when data
                                                from an additional test
                                                run can be used.
Sec.   63.7(f)..........  Alternative Test     Procedures by which       Yes................  No.
                           Method.              Administrator can grant
                                                approval to use an
                                                alternative test method.
Sec.   63.7(g)..........  Performance Test     Must include raw data in  Yes................  No.
                           Data Analysis.       performance test
                                                report; must submit
                                                performance test data
                                                60 days after end of
                                                test with the
                                                Notification of
                                                Compliance Status
                                                report; and keep data
                                                for 5 years.
Sec.   63.7(h)..........  Waiver of Tests....  Procedures for            Yes................  No.
                                                Administrator to waive
                                                performance test.
Sec.   63.8(a)(1).......  Applicability of     Subject to all            Yes................  Yes.
                           Monitoring           monitoring requirements
                           Requirements.        in standard.
Sec.   63.8(a)(2).......  Performance          Performance               Yes................  No.
                           Specifications.      Specifications in
                                                appendix B of 40 CFR
                                                part 60 apply.
Sec.   63.8(a)(3).......  [Reserved]
Sec.   63.8(a)(4).......  Monitoring with      ........................  No.................  No.
                           Flares.
Sec.   63.8(b)(1).......  Monitoring.........  Must conduct monitoring   Yes................  Yes.
                                                according to standard
                                                unless Administrator
                                                approves alternative.
Sec.   63.8(b)(2)-(3)...  Multiple Effluents   Specific requirements     Yes................  Yes.
                           and Multiple         for installing
                           Monitoring Systems.  monitoring systems;
                                                must install on each
                                                effluent before it is
                                                combined and before it
                                                is released to the
                                                atmosphere unless
                                                Administrator approves
                                                otherwise; 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       Applies as modified  No.
                           Operation and        system in a manner        by Sec.
                           Maintenance.         consistent with good      63.5990(e) and (f).
                                                air pollution control
                                                practices.
Sec.   63.8(c)(1)(i)....  Routine and          ........................  No.................  No.
                           Predictable
                           Startup, Shutdown,
                           and Malfunction.

[[Page 44767]]

 
Sec.   63.8(c)(1)(ii)...  Startup, Shutdown,   ........................  No.................  No.
                           and Malfunction
                           not in Startup,
                           Shutdown, and
                           Malfunction Plan.
Sec.   63.8(c)(1)(iii)..  Compliance with      How Administrator         Yes................  Yes.
                           Operation and        determines if source
                           Maintenance          complying with
                           Requirements.        operation and
                                                maintenance
                                                requirements; review of
                                                source operation and
                                                maintenance procedures,
                                                records, manufacturer's
                                                instructions,
                                                recommendations, and
                                                inspection of
                                                monitoring system.
Sec.   63.8(c)(2)-(3)...  Monitoring System    Must install to get       Yes................  No.
                           Installation.        representative emission
                                                and parameter
                                                measurements; must
                                                verify operational
                                                status before or at
                                                performance test.
Sec.   63.8(c)(4).......  CMS Requirements...  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(f).
Sec.   63.8(c)(5).......  Continuous Opacity   ........................  No.................  No.
                           Monitoring Systems
                           Minimum Procedures.
Sec.   63.8(c)(6).......  CMS Requirements...  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(e).
Sec.   63.8(c)(7)-(8)...  CMS Requirements...  Out-of-control periods,   Yes................  No.
                                                including reporting.
Sec.   63.8(d)..........  CMS Quality Control  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(e) and (f).
Sec.   63.8(e)..........  CMS Performance      ........................  No.................  No.
                           Evaluation.
Sec.   63.8(f)(1)-(5)...  Alternative          Procedures for            Yes................  Yes.
                           Monitoring Method.   Administrator to
                                                approve alternative
                                                monitoring.
Sec.   63.8(f)(6).......  Alternative to       ........................  No.................  No.
                           Relative Accuracy
                           Test.
Sec.   63.8(g)..........  Data Reduction.....  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(f).
Sec.   63.9(a)..........  Notification         Applicability and state   Yes................  Yes.
                           Requirements.        delegation.
Sec.   63.9(b)(1)-(5)...  Initial              Submit notification 120   Yes................  Yes.
                           Notifications.       days after effective
                                                date; notification of
                                                intent to construct/
                                                reconstruct,
                                                notification of
                                                commencement of
                                                construct/reconstruct,
                                                notification of
                                                startup; and contents
                                                of each.
Sec.   63.9(c)..........  Request for          Can request if cannot     Yes................  Yes.
                           Compliance           comply by date or if
                           Extension.           installed best
                                                available control
                                                technology or lowest
                                                achievable emission
                                                rate.
Sec.   63.9(d)..........  Notification of      For sources that          Yes................  Yes.
                           Special Compliance   commence construction
                           Requirements for     between proposal and
                           New Source.          promulgation and want
                                                to comply 3 years after
                                                effective date.
Sec.   63.9(e)..........  Notification of      Notify Administrator 60   Yes................  No.
                           Performance Test.    days prior.
Sec.   63.9(f)..........  Notification of VE/  No......................  No.................  ..................
                           Opacity Test.
Sec.   63.9(g)..........  Additional           No......................  No.................  ..................
                           Notifications When
                           Using CMS.
Sec.   63.9(h)..........  Notification of      Contents; due 60 days     Yes................  Yes.
                           Compliance Status.   after end of
                                                performance test or
                                                other compliance
                                                demonstration, except
                                                for opacity/VE, which
                                                are due 30 days after;
                                                when to submit to
                                                Federal vs. State
                                                authority.
Sec.   63.9(i)..........  Adjustment of        Procedures for            Yes................  Yes.
                           Submittal            Administrator to
                           Deadlines.           approve change in when
                                                notifications must be
                                                submitted.
Sec.   63.9(j)..........  Change in Previous   Must submit within 15     Yes................  Yes.
                           Information.         days after the change.
Sec.   63.10(a).........  Recordkeeping/       Applies to all, unless    Yes................  Yes.
                           Reporting.           compliance extension;
                                                when to submit to
                                                Federal vs. State
                                                authority; procedures
                                                for owners of more than
                                                1 source.
Sec.   63.10(b)(1)......  Recordkeeping/       General Requirements;     Yes................  Yes.
                           Reporting.           keep all records
                                                readily available; and
                                                keep for 5 years..
Sec.   63.10(b)(2)(i)-    Records related to   Yes.....................  No.................  ..................
 (iv).                     Startup, Shutdown,
                           and Malfunction.
Sec.   63.10(b)(2)(vi)    CMS Records........  Malfunctions,             Yes................  No.
 and (x)-(xi).                                  inoperative, out-of-
                                                control; calibration
                                                checks; adjustments,
                                                maintenance.
Sec.   63.10(b)(2)(vii)-  Records............  Measurements to           Yes................  Yes.
 (ix).                                          demonstrate compliance
                                                with emission
                                                limitations; -
                                                performance test,
                                                performance evaluation,
                                                and VE observation
                                                results; and
                                                measurements to
                                                determine conditions of
                                                performance tests and
                                                performance evaluations.
Sec.   63.10(b)(2)(xii).  Records............  Records when under        Yes................  Yes.
                                                waiver.
Sec.   63.10(b)(2)(xiii)  Records............  ........................  No.................  No.
Sec.   63.10(b)(2)(xiv).  Records............  All documentation         Yes................  Yes.
                                                supporting Initial
                                                Notification and
                                                Notification of
                                                Compliance Status.
Sec.   63.10(b)(3)......  Records............  Applicability             Yes................  Yes.
                                                determinations.
Sec.   63.10(c).........  Records............  ........................  No.................  No.
Sec.   63.10(d)(1)......  General Reporting    Requirement to report...  Yes................  Yes.
                           Requirements.
Sec.   63.10(d)(2)......  Report of            When to submit to         Yes................  No.
                           Performance Test     Federal or State
                           Results.             authority.
Sec.   63.10(d)(3)......  Reporting Opacity    ........................  No.................  No.
                           or VE Observations.
Sec.   63.10(d)(4)......  Progress Reports...  Must submit progress      Yes................  Yes.
                                                reports on schedule if
                                                under compliance
                                                extension.
Sec.   63.10(d)(5)......  Startup, Shutdown,   ........................  Yes................  No.
                           and Malfunction
                           Reports.
Sec.   63.10(e).........  Additional CMS       ........................  No.................  No.
                           Reports.
Sec.   63.10(f).........  Waiver for           Procedures for            Yes................  Yes.
                           Recordkeeping/       Administrator to waive.
                           Reporting.

[[Page 44768]]

 
Sec.   63.11............  Flares.............  ........................  No.................  No.
Sec.   63.12............  Delegation.........  State authority to        Yes................  Yes.
                                                enforce standards.
Sec.   63.13............  Addresses..........  Addresses where reports,  Yes................  Yes.
                                                notifications, and
                                                requests are sent.
Sec.   63.14............  Incorporation by     Test methods              Yes................  Yes.
                           Reference.           incorporated by
                                                reference.
Sec.   63.15............  Availability of      Public and confidential   Yes................  Yes.
                           Information.         information.
----------------------------------------------------------------------------------------------------------------

    After January 20, 2021, as stated in Sec.  63.6013, you must comply 
with the applicable General Provisions (GP) requirements according to 
the following table:

----------------------------------------------------------------------------------------------------------------
                                                                               Applicable to Subpart XXXX?
                                                 Brief description of   ----------------------------------------
        Citation                Subject           applicable sections      Using a control        Not using a
                                                                                device          control device
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.............  Applicability......  Initial applicability     Yes................  Yes.
                                                determination;
                                                applicability after
                                                standard established;
                                                permit requirements;
                                                extensions;
                                                notifications.
Sec.   63.2.............  Definitions........  Definitions for part 63   Yes................  Yes.
                                                standards.
Sec.   63.3.............  Units and            Units and abbreviations   Yes................  Yes.
                           Abbreviations.       for part 63 standards.
Sec.   63.4.............  Prohibited           Prohibited activities;    Yes................  Yes.
                           Activities.          compliance date;
                                                circumvention;
                                                severability.
Sec.   63.5.............  Construction/        Applicability;            Yes................  Yes.
                           Reconstruction.      applications; approvals.
Sec.   63.6(a)..........  Applicability......  GP apply unless           Yes................  Yes.
                                                compliance extension;
                                                GP apply to area
                                                sources that become
                                                major.
Sec.   63.6(b)(1)-(4)...  Compliance Dates     Standards apply at        Yes................  Yes.
                           for New and          effective date; 3 years
                           Reconstructed        after effective date;
                           Sources.             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................  Yes.
                                                construction or
                                                reconstruction after
                                                proposal.
Sec.   63.6(b)(6).......  [Reserved].........  ........................  ...................  ..................
Sec.   63.6(b)(7).......  Compliance Dates     ........................  No.................  No.
                           for New and
                           Reconstructed Area
                           Sources that
                           Become Major.
Sec.   63.6(c)(1)-(2)...  Compliance Dates     Comply according to date  Yes................  Yes.
                           for Existing         in subpart, which must
                           Sources.             be no later than 3
                                                years after effective
                                                date; for CAA 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     Area sources that become  Yes................  Yes.
                           for Existing Area    major must comply with
                           Sources that         major source standards
                           Become Major.        by date indicated in
                                                subpart or by
                                                equivalent time period
                                                (for example, 3 years).
Sec.   63.6(d)..........  [Reserved].........  ........................  ...................  ..................
Sec.   63.6(e)(1)(i)-     Operations and       ........................  No.................  No.
 (ii).                     Maintenance.
Sec.   63.6(e)(1)(iii)-   Operation and        Operate to minimize       Yes................  Yes.
 (2).                      Maintenance.         emissions at all times;
                                                correct malfunctions as
                                                soon as practicable;
                                                and operation and
                                                maintenance
                                                requirements
                                                independently
                                                enforceable;
                                                information
                                                Administrator will use
                                                to determine if
                                                operation and
                                                maintenance
                                                requirements were met.
Sec.   63.6(e)(3).......  Startup, Shutdown,   ........................  No.................  No.
                           and Malfunction
                           Plan.
Sec.   63.6(f)(1).......  Startup, Shutdown,   ........................  No. See Sec.         No.
                           and Malfunction                                63.5990(a).
                           Exemption.
Sec.   63.6(f)(2)-(3)...  Methods for          Compliance based on       Yes................  Yes.
                           Determining          performance test;
                           Compliance.          operation and
                                                maintenance plans;
                                                records; inspection.
Sec.   63.6(g)(1)-(3)...  Alternative          Procedures for getting    Yes................  Yes.
                           Standard.            an alternative standard.
Sec.   63.6(h)..........  Opacity/Visible      ........................  No.................  No.
                           Emissions (VE)
                           Standards.
Sec.   63.6(i)..........  Compliance           Procedures and criteria   Yes................  Yes.
                           Extension.           for Administrator to
                                                grant compliance
                                                extension.
Sec.   63.6(j)..........  Presidential         President may exempt      Yes................  Yes.
                           Compliance           source category from
                           Exemption.           requirement to comply
                                                with rule.
Sec.   63.7(a)(1)-(2)...  Performance Test     ........................  No.................  No.
                           Dates.
Sec.   63.7(a)(3).......  CAA section 114      Administrator may         Yes................  No.
                           Authority.           require a performance
                                                test under CAA section
                                                114 at any time.
Sec.   63.7(b)(1).......  Notification of      Must notify               Yes................  No.
                           Performance Test.    Administrator 60 days
                                                before the test.
Sec.   63.7(b)(2).......  Notification of      If rescheduling a         Yes................  No.
                           Rescheduling.        performance test is
                                                necessary, must notify
                                                Administrator 5 days
                                                before scheduled date
                                                of rescheduled date.

[[Page 44769]]

 
Sec.   63.7(c)..........  Quality Assurance/   Requirement to submit     Yes................  No.
                           Test Plan.           site-specific test plan
                                                60 days before the test
                                                or on date
                                                Administrator agrees
                                                with: test plan
                                                approval procedures;
                                                performance audit
                                                requirements; and
                                                internal and external
                                                quality assurance
                                                procedures for testing.
Sec.   63.7(d)..........  Testing Facilities.  Requirements for testing  Yes................  No.
                                                facilities.
Sec.   63.7(e)(1).......  Conditions for       Performance tests must    No.................  No.
                           Conducting           be conducted under
                           Performance Tests.   representative
                                                conditions; cannot
                                                conduct performance
                                                tests during startup,
                                                shutdown, and
                                                malfunction.
Sec.   63.7(e)(2).......  Conditions for       Must conduct according    Yes................  No.
                           Conducting           to rule and the EPA
                           Performance Tests.   test methods unless
                                                Administrator approves
                                                alternative.
Sec.   63.7(e)(3).......  Test Run Duration..  Must have three test      Yes................  No.
                                                runs of at least 1 hour
                                                each; compliance is
                                                based on arithmetic
                                                mean of three runs; and
                                                conditions when data
                                                from an additional test
                                                run can be used.
Sec.   63.7(f)..........  Alternative Test     Procedures by which       Yes................  No.
                           Method.              Administrator can grant
                                                approval to use an
                                                alternative test method.
Sec.   63.7(g)..........  Performance Test     Must include raw data in  Yes................  No.
                           Data Analysis.       performance test
                                                report; must submit
                                                performance test data
                                                60 days after end of
                                                test with the
                                                Notification of
                                                Compliance Status
                                                report; and keep data
                                                for 5 years.
Sec.   63.7(h)..........  Waiver of Tests....  Procedures for            Yes................  No.
                                                Administrator to waive
                                                performance test.
Sec.   63.8(a)(1).......  Applicability of     Subject to all            Yes................  Yes.
                           Monitoring           monitoring requirements
                           Requirements.        in standard.
Sec.   63.8(a)(2).......  Performance          Performance               Yes................  No.
                           Specifications.      Specifications in
                                                appendix B of 40 CFR
                                                part 60 apply.
Sec.   63.8(a)(3).......  [Reserved].........  ........................  ...................  ..................
Sec.   63.8(a)(4).......  Monitoring with      ........................  No.................  No.
                           Flares.
Sec.   63.8(b)(1).......  Monitoring.........  Must conduct monitoring   Yes................  Yes.
                                                according to standard
                                                unless Administrator
                                                approves alternative.
Sec.   63.8(b)(2)-(3)...  Multiple Effluents   Specific requirements     Yes................  Yes.
                           and Multiple         for installing
                           Monitoring Systems.  monitoring systems;
                                                must install on each
                                                effluent before it is
                                                combined and before it
                                                is released to the
                                                atmosphere unless
                                                Administrator approves
                                                otherwise; 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       Applies as modified  No.
                           Operation and        system in a manner        by Sec.
                           Maintenance.         consistent with good      63.5990(e) and (f).
                                                air pollution control
                                                practices.
Sec.   63.8(c)(1)(i)....  Routine and          ........................  No.................  No.
                           Predictable
                           Startup, Shutdown,
                           and Malfunction.
Sec.   63.8(c)(1)(ii)...  Startup, Shutdown,   ........................  No.................  No.
                           and Malfunction
                           not in Startup,
                           Shutdown, and
                           Malfunction Plan.
Sec.   63.8(c)(1)(iii)..  Compliance with      How the Administrator     No.................  No.
                           Operation and        determines if source
                           Maintenance          complying with
                           Requirements.        operation and
                                                maintenance
                                                requirements; review of
                                                source operation and
                                                maintenance procedures,
                                                records, manufacturer's
                                                instructions,
                                                recommendations, and
                                                inspection of
                                                monitoring system.
Sec.   63.8(c)(2)-(3)...  Monitoring System    Must install to get       Yes................  No.
                           Installation.        representative emission
                                                and parameter
                                                measurements; must
                                                verify operational
                                                status before or at
                                                performance test.
Sec.   63.8(c)(4).......  CMS Requirements...  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(f).
Sec.   63.8(c)(5).......  Continuous Opacity   ........................  No.................  No.
                           Monitoring Systems
                           Minimum Procedures.
Sec.   63.8(c)(6).......  CMS Requirements...  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(e).
Sec.   63.8(c)(7)-(8)...  CMS Requirements...  Out-of-control periods,   Yes................  No.
                                                including reporting.
Sec.   63.8(d)..........  CMS Quality Control  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(e) and (f).
Sec.   63.8(d)(3).......  Written Procedures   ........................  No.................  No.
                           for CMS.
Sec.   63.8(e)..........  CMS Performance      ........................  No.................  No.
                           Evaluation.
Sec.   63.8(f)(1)-(5)...  Alternative          Procedures for            Yes................  Yes.
                           Monitoring Method.   Administrator to
                                                approve alternative
                                                monitoring.
Sec.   63.8(f)(6).......  Alternative to       ........................  No.................  No.
                           Relative Accuracy
                           Test.
Sec.   63.8(g)..........  Data Reduction.....  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(f).
Sec.   63.9(a)..........  Notification         Applicability and state   Yes................  Yes.
                           Requirements.        delegation.
Sec.   63.9(b)(1)-(5)...  Initial              Submit notification 120   Yes................  Yes.
                           Notifications.       days after effective
                                                date; notification of
                                                intent to construct/
                                                reconstruct,
                                                notification of
                                                commencement of
                                                construct/reconstruct,
                                                notification of
                                                startup; and contents
                                                of each.
Sec.   63.9(c)..........  Request for          Can request if cannot     Yes................  Yes.
                           Compliance           comply by date or if
                           Extension.           installed best
                                                available control
                                                technology or lowest
                                                achievable emission
                                                rate.
Sec.   63.9(d)..........  Notification of      For sources that          Yes................  Yes.
                           Special Compliance   commence construction
                           Requirements for     between proposal and
                           New Source.          promulgation and want
                                                to comply 3 years after
                                                effective date.
Sec.   63.9(e)..........  Notification of      Notify Administrator 60   Yes................  No.
                           Performance Test.    days prior.
Sec.   63.9(f)..........  Notification of VE/  ........................  No.................  No.
                           Opacity Test.

[[Page 44770]]

 
Sec.   63.9(g)..........  Additional           ........................  No.................  No.
                           Notifications When
                           Using CMS.
Sec.   63.9(h)..........  Notification of      Contents; due 60 days     Yes................  Yes.
                           Compliance Status.   after end of
                                                performance test or
                                                other compliance
                                                demonstration, except
                                                for opacity/VE, which
                                                are due 30 days after;
                                                when to submit to
                                                Federal vs. State
                                                authority.
Sec.   63.9(i)..........  Adjustment of        Procedures for            Yes................  Yes.
                           Submittal            Administrator to
                           Deadlines.           approve change in when
                                                notifications must be
                                                submitted.
Sec.   63.9(j)..........  Change in Previous   Must submit within 15     Yes................  Yes.
                           Information.         days after the change.
Sec.   63.10(a).........  Recordkeeping/       Applies to all, unless    Yes................  Yes.
                           Reporting.           compliance extension;
                                                when to submit to
                                                Federal vs. State
                                                authority; procedures
                                                for owners of more than
                                                1 source.
Sec.   63.10(b)(1)......  Recordkeeping/       General Requirements;     Yes................  Yes.
                           Reporting.           keep all records
                                                readily available; and
                                                keep for 5 years.
Sec.   63.10(b)(2)(i)     Records related to   ........................  No.................  No.
 and (iv-v).               Startup, Shutdown,
                           and Malfunction.
Sec.   63.10(b)(2)(ii)..  Recordkeeping of     ........................  No. See 63.6010 for
                           failures to meet a                             recordkeeping of
                           standard.                                      (1) date, time and
                                                                          duration; (2)
                                                                          listing of
                                                                          affected source or
                                                                          equipment, and an
                                                                          estimate of the
                                                                          quantity of each
                                                                          regulated
                                                                          pollutant emitted
                                                                          over the standard;
                                                                          and (3) actions to
                                                                          minimize emissions
                                                                          and correct the
                                                                          failure.
Sec.   63.10(b)(2)(iii),  CMS Records........  Malfunctions,             Yes................  No.
 (vi), and (x)-(xi).                            inoperative, out-of-
                                                control; calibration
                                                checks; adjustments,
                                                maintenance.
Sec.   63.10(b)(2)(vii)-  Records............  Measurements to           Yes................  Yes.
 (ix).                                          demonstrate compliance
                                                with emission
                                                limitations;
                                                performance test,
                                                performance evaluation,
                                                and VE observation
                                                results; and
                                                measurements to
                                                determine conditions of
                                                performance tests and
                                                performance evaluations.
Sec.   63.10(b)(2)(xii).  Records............  Records when under        Yes................  Yes.
                                                waiver.
Sec.   63.10(b)(2)(xiii)  Records............  ........................  No.................  No.
Sec.   63.10(b)(2)(xiv).  Records............  All documentation         Yes................  Yes.
                                                supporting Initial
                                                Notification and
                                                Notification of
                                                Compliance Status.
Sec.   63.10(b)(3)......  Records............  Applicability             Yes................  Yes.
                                                determinations.
Sec.   63.10(c).........  Records............  ........................  No.................  No.
Sec.   63.10(d)(1)......  General Reporting    Requirement to report...  Yes................  Yes.
                           Requirements.
Sec.   63.10(d)(2)......  Report of            When to submit to         Yes................  No.
                           Performance Test     Federal or State
                           Results.             authority.
Sec.   63.10(d)(3)......  Reporting Opacity    ........................  No.................  No.
                           or VE Observations.
Sec.   63.10(d)(4)......  Progress Reports...  Must submit progress      Yes................  Yes.
                                                reports on schedule if
                                                under compliance
                                                extension.
Sec.   63.10(d)(5)......  Startup, Shutdown,   ........................  No.................  No.
                           and Malfunction
                           Reports.
Sec.   63.10(e).........  Additional CMS       ........................  No.................  No.
                           Reports.
Sec.   63.10(f).........  Waiver for           Procedures for            Yes................  Yes.
                           Recordkeeping/       Administrator to waive.
                           Reporting.
Sec.   63.11............  Flares.............  ........................  No.................  No.
Sec.   63.12............  Delegation.........  State authority to        Yes................  Yes.
                                                enforce standards.
Sec.   63.13............  Addresses..........  Addresses where reports,  Yes................  Yes.
                                                notifications, and
                                                requests are sent.
Sec.   63.14............  Incorporation by     Test methods              Yes................  Yes.
                           Reference.           incorporated by
                                                reference.
Sec.   63.15............  Availability of      Public and confidential   Yes................  Yes.
                           Information.         information.
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[FR Doc. 2020-12541 Filed 7-23-20; 8:45 am]
BILLING CODE 6560-50-P