compliance will be achieved by stripping technology, or by control or
recovery devices.
    (b) Each owner or operator of a back-end process operation using
stripping to comply with a residual organic HAP limitation in Sec.
63.494(a)(1) through (3), and demonstrating compliance by stripper
parameter monitoring, shall submit reports as specified in paragraphs
(b)(1) and (2) of this section.
* * * * *
    (c) Each owner or operator of an affected source with a back-end
process operation control or recovery device that shall comply with a
residual organic HAP limitation in Sec.  63.494(a)(1) through (3) shall
submit the information specified in paragraphs (c)(1) through (3) of
this section as part of the Notification of Compliance Status specified
in Sec.  63.506(e)(5).
* * * * *
    (d) Whenever a process change, as defined in Sec.  63.496(d), is
made that causes the redetermination of the compliance status for the
back-end process operations subject to a residual organic HAP
limitation in Sec.  63.494(a)(1) through (3), the owner or operator
shall submit a report within 180 days after the process change, as
specified in Sec.  63.506(e)(7)(iii). The report shall include:
* * * * *
    (f) If the back-end process operation is subject to an organic HAP
emission limitation in Sec.  63.494(a)(4), the owner and operator must
submit the information specified in paragraphs (f)(1) and (2) of this
section.
    (1) The applicable organic HAP emission limitation determined in
accordance with Sec.  63.494(a)(4)(i) through (v) shall be submitted no
later than 180 days from the date of publication of the final rule
amendments in the Federal Register.
    (2) In the periodic report required to be submitted by Sec.
63.506(e)(6), the total mass of organic HAP emitted for each of the
rolling 12-month periods in the reporting period divided by the total
mass of elastomer produced during the corresponding 12-month period,
determined in accordance with Sec.  63.495(g)(5).
    24. Section 63.501 is amended by revising paragraph (c)(2) to read
as follows:

Sec.  63.501  Wastewater provisions.

* * * * *
    (c) * * *
    (2) Back-end streams at affected sources that are subject to a
residual organic HAP limitation in Sec.  63.494(a)(1) through (3) and
that are complying with these limitations through the use of stripping
technology.
    25. Section 63.502 is amended by revising paragraph (b)(4) to read
as follows:

Sec.  63.502  Equipment leak and heat exchange system provisions.

* * * * *
    (b) * * *
    (4) Surge control vessels and bottoms receivers located downstream
of the stripping operations at affected sources subject to the back-end
residual organic HAP limitation located in Sec.  63.494(a)(1) through
(3), that are complying through the use of stripping technology, as
specified in Sec.  63.495;
* * * * *

Sec.  63.503  [Amended]

    26. Section 63.503 is amended by removing and reserving paragraph
(f)(1).
    27. Section 63.504 is amended by revising paragraph (a)(1)
introductory text to read as follows:

Sec.  63.504  Additional requirements for performance testing.

    (a) * * *
    (1) Performance tests shall be conducted at maximum representative
operating conditions achievable during one of the time periods
described in paragraph (a)(1)(i) of this section, without causing any
of the situations described in paragraph (a)(1)(ii) of this section to
occur. 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.
* * * * *
    28. Section 63.505 is amended by:
    a. Revising paragraph (e)(4);
    b. Revising paragraph (g)(1)(v)(A);
    c. Revising paragraph (g)(1)(v)(B);
    d. Removing paragraphs (g)(1)(v)(C) through (g)(1)(v)(E);
    e. Revising paragraph (g)(2)(ii)(B); and
    f. Adding paragraph (j) to read as follows:

Sec.  63.505  Parameter monitoring levels and excursions.

* * * * *
    (e) * * *
    (4) An owner or operator complying with the residual organic HAP
limitations in paragraphs (a)(1) through (3) of Sec.  63.494 using
stripping, and demonstrating compliance by stripper parameter
monitoring, shall redetermine the residual organic HAP content for all
affected grades whenever process changes are made. For the purposes of
this section, a process change is any action that would reasonably be
expected to impair the performance of the stripping operation. For the
purposes of this section, examples of process changes may include
changes in production capacity or production rate, or removal or
addition of equipment. For purposes of this paragraph, process changes
do not include: Process upsets; unintentional, temporary process
changes; or changes that reduce the residual organic HAP content of the
elastomer.
* * * * *
    (g) * * *
    (1) * * *
    (v) * * *
    (A) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments; or
    (B) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
    (2) * * *
    (ii) * * *
    (B) Subtract the time during the periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments from the total amount of time determined in paragraph
(g)(2)(ii)(A) of this section, to obtain the

operating time used to determine if monitoring data are insufficient.
* * * * *
    (j) Excursion definition for back-end operations subject to Sec.
63.494(a)(4). An excursion means when the total mass of organic HAP
emitted for any consecutive 12-month period divided by the total mass
of elastomer produced during the 12-month period, determined in
accordance with Sec.  63.495(g), is greater than the applicable
emission limitation, determined in accordance with Sec.
63.494(a)(4)(i) through (v) and submitted in accordance with Sec.
63.499(f)(1).
    29. Section 63.506 is amended by:
    a. Revising paragraph (b)(1);
    b. Revising paragraph (d)(7);
    c. Revising paragraph (e)(3) introductory text;
    d. Removing and reserving paragraph (e)(3)(viii);
    e. Revising paragraph (e)(3)(ix)(B);
    f. Revising paragraph (e)(6)(iii)(E);
    g. Revising paragraph (h)(1)(i);
    h. Revising paragraph (h)(1)(ii)(C);
    i. Revising paragraph (h)(1)(iii);
    j. Revising paragraph (h)(2)(iii); and
    k. Removing and reserving paragraph (h)(2)(iv)(A) to read as
follows:

Sec.  63.506  General recordkeeping and reporting provisions.

* * * * *
    (b) * * *
    (1) Malfunction records. Each owner or operator of an affected
source subject to this subpart shall maintain records of the occurrence
and duration of each malfunction of operation (i.e., process
equipment), air pollution control equipment, or monitoring equipment.
Each owner or operator shall maintain records of actions taken during
periods of malfunction to minimize emissions in accordance with Sec.
63.483(a)(1), including corrective actions to restore malfunctioning
process and air pollution control and monitoring equipment to its
normal or usual manner of operation.
* * * * *
    (d) * * *
    (7) Monitoring data recorded during periods identified in
paragraphs (d)(7)(i) and (ii) of this section shall not be included in
any average computed under this subpart. Records shall be kept of the
times and durations of all such periods and any other periods during
process or control device or recovery device operation when monitors
are not operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments; or
    (ii) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
* * * * *
    (e) * * *
    (3) Precompliance Report. Owners or operators of affected sources
requesting an extension for compliance; requesting approval to use
alternative monitoring parameters, alternative continuous monitoring
and recordkeeping, or alternative controls; requesting approval to use
engineering assessment to estimate emissions from a batch emissions
episode, as described in Sec.  63.488(b)(6)(i); wishing to establish
parameter monitoring levels according to the procedures contained in
Sec.  63.505(c) or (d); shall submit a Precompliance Report according
to the schedule described in paragraph (e)(3)(i) of this section. The
Precompliance Report shall contain the information specified in
paragraphs (e)(3)(ii) through (vii) of this section, as appropriate.
* * * * *
    (viii) [Reserved]
    (ix) * * *
    (B) Supplements to the Precompliance Report may be submitted to
request approval to use alternative monitoring parameters, as specified
in paragraph (e)(3)(iii) of this section; to use alternative continuous
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of
this section; to use alternative controls, as specified in paragraph
(e)(3)(v) of this section; to use engineering assessment to estimate
emissions from a batch emissions episode, as specified in paragraph
(e)(3)(vi) of this section; or to establish parameter monitoring levels
according to the procedures contained in Sec.  63.505(c) or (d), as
specified in paragraph (e)(3)(vii) of this section.
* * * * *
    (6) * * *
    (iii) * * *
    (E) The number, duration, and a brief description for each type of
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded.
The report must also include a description of actions taken by an owner
or operator during a malfunction of an affected source to minimize
emissions in accordance with Sec.  63.483(a)(1), including actions
taken to correct a malfunction.
* * * * *
    (h) * * *
    (1) * * *
    (i) The monitoring system is capable of detecting unrealistic or
impossible data during periods of normal operation (e.g., a temperature
reading of -200 [deg]C on a boiler), and will alert the operator by
alarm or other means. The owner or operator shall record the
occurrence. All instances of the alarm or other alert in an operating
day constitute a single occurrence.
    (ii) * * *
    (C) The running average reflects a period of normal operation.
    (iii) The monitoring system is capable of detecting unchanging data
during periods of normal operation, except in circumstances where the
presence of unchanging data is the expected operating condition based
on past experience (e.g., pH in some scrubbers), and will alert the
operator by alarm or other means. The owner or operator shall record
the occurrence. All instances of the alarm or other alert in an
operating day constitute a single occurrence.
* * * * *
    (2) * * *
    (iii) The owner or operator shall retain the records specified in
paragraphs (h)(1)(i) through (iii) of this section, for the duration
specified in paragraph (h) of this section. For any calendar week, if
compliance with paragraphs (h)(1)(i) through (iii) of this section does
not result in retention of a record of at least one occurrence or
measured parameter value, the owner or operator shall record and retain
at least one parameter value during a period of normal operation.
    (iv) * * *
    (A) [Reserved]
* * * * *
    30. Table 1 to Subpart U of part 63 is amended by:
    a. Removing entry 63.6(e);
    b. Revising entries 63.6(e)(1)(i) and 63.6(e)(1)(ii);
    c. Revising entry 63.6(e)(2);
    d. Adding entry 63.6(e)(3);
    e. Removing entries 63.6(e)(3)(i) through 63.6(e)(3)(ix);
    f. Revising entry 63.6(f)(1); and
    e. Revising entries 63.7(e)(1) and 63.10(d)(5)(i) to read as
follows:

       Table 1 to Subpart U of Part 63--Applicability of General Provisions to Subpart U Affected Sources
----------------------------------------------------------------------------------------------------------------
                Reference                               Applies to Subpart U                    Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.6(e)(1)(i)....................  No.............................................  See Sec.
                                                                                63.483(a)(1) for
                                                                                general duty
                                                                                requirement. Any
                                                                                cross reference to
                                                                                Sec.   63.6(e)(1)(i)
                                                                                in any other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross
                                                                                reference to Sec.
                                                                                63.483(a)(1).
Sec.   63.6(e)(1)(ii)...................  No.............................................

                                                  * * * * * * *
Sec.   63.6(e)(2).......................  No.............................................  [Reserved.]
Sec.   63.6(e)(3).......................  No.............................................
Sec.   63.6(f)(1).......................  No.............................................

                                                  * * * * * * *
Sec.   63.7(e)(1).......................  No.............................................  See Sec.
                                                                                63.504(a)(1). Any
                                                                                cross-reference to
                                                                                Sec.   63.7(e)(1) in
                                                                                any other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to Sec.
                                                                                63.504(a)(1).

                                                  * * * * * * *
63.10(d)(5)(i)..........................  No.............................................

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

Subpart Y--[Amended]

    31-32. Section 63.560 is amended by:
    a. Revising paragraphs (a)(1), (a)(2), and (a)(3);
    b. Revising paragraph (d)(6);
    c. Adding paragraph (e)(1)(iv);
    d. Amending Table 1 to Sec.  63.560 as follows:
    i. Revising entry 63.6(f)(1);
    ii. Removing entry 63.7(e);
    iii. Adding entries 63.7(e)(1) and 63.7(e)(2)-(4);
    iv. Removing entries 63.10(b)(2)(i) and (b)(2)(ii)-(iii);
    v. Adding entries 63.10(b)(2)(i)-(ii) and (b)(2)(iii);
    vi. Removing entry 63.10(c)(10)-(13); and
    vii. Adding entries 63.10(c)(10)-(11) and 63.10(c)(12)-(13) to read
as follows:

Sec.  63.560  Applicability and designation of affected source.

    (a) * * *
    (1) The provisions of this subpart pertaining to the MACT standards
in Sec.  63.562(b) and (d) of this subpart are applicable to existing
and new sources with emissions of 10 or 25 tons, as that term is
defined in Sec.  63.561, except as specified in paragraph (d) of this
section, and are applicable to new sources with emissions less than 10
and 25 tons, as that term is defined in Sec.  63.561, except as
specified in paragraphs (d) and (f) of this section.
    (2) Existing sources with emissions less than 10 and 25 tons are
not subject to the emissions standards in Sec.  63.562(b) and (d),
except as specified in paragraph (f) of this section.
    (3) The recordkeeping requirements of Sec.  63.567(j)(4) and the
emission estimation requirements of Sec.  63.565(l) apply to existing
sources with emissions less than 10 and 25 tons, except as specified in
paragraph (f) of this section.
* * * * *
    (d) * * *
    (6) The provisions of this subpart do not apply to marine tank
vessel loading operations at existing offshore loading terminals, as
that term is defined in Sec.  63.561, except existing offshore loading
terminals must meet paragraphs (d)(6)(i) and (ii) of this section.
    (i) The submerged fill standards of 46 CFR 153.282, and
    (ii) The provisions of Sec.  63.562(f)(1) or Sec.  63.562(f)(2), if
the terminal loads more than 1 million barrels (M barrels) of gasoline.
* * * * *
    (e) * * *
    (1) * * *
    (iv) New and existing sources with emissions less than 10 or 25
tons, that load more than 1 M barrels of gasoline shall comply with the
provisions of Sec.  63.562(f) by [DATE 3 YEARS FROM DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER].
* * * * *

                     Table 1 of Sec.   63.560--General Provisions Applicability to Subpart Y
----------------------------------------------------------------------------------------------------------------
                Reference                     Applies to affected sources in subpart Y            Comment
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
63.6(f)(1)..............................  No.                                              .....................

                                                  * * * * * * *
63.7(e)(1)..............................  No.                                              See 63.563(b)(1). Any
                                                                                cross reference to
                                                                                63.7(e)(1) in any
                                                                                other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.563(b)(1).
63.7(e)(2)-(4)..........................  Yes.                                             .....................

                                                  * * * * * * *
63.10 (b)(2)(i)-(ii)....................  No.                                              .....................

                                                  * * * * * * *
63.10(b)(2)(iii)........................  Yes.                                             .....................

                                                  * * * * * * *
63.10(c)(10)-(11).......................  No.                                              See 63.567(m)(1) for
                                                                                reporting
                                                                                malfunctions. Any
                                                                                cross-reference to
                                                                                63.10(c)(10) or
                                                                                63.10(c)(11) in any
                                                                                other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.567(m)(1).
63.10(c)(12)-(13).......................  Yes.                                             .....................

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

    33. Section 63.561 is amended by adding in alphabetical order a
definition for ``affirmative defense'' to read as follows:

Sec.  63.561  Definitions.

* * * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits
of which are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *
    34. Section 63.562 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b)(1);
    c. Revising paragraph (e) introductory text;
    d. Adding paragraph (e)(7); and
    e. Adding paragraph (f) to read as follows:

Sec.  63.562  Standards.

    (a) The emissions limitations in paragraphs (b), (c), (d) and (f)
of this section apply during marine tank vessel loading operations.
    (b) MACT standards, except for the VMT source--(1)(i) Vapor
collection system of the terminal. The owner or operator of a new
source with emissions less than 10 and 25 tons, an existing or new
source with emissions of 10 or 25 tons, and an existing source with
emissions less than 10 and 25 tons that loads more than 1 M barrels of
gasoline shall equip each terminal with a vapor collection system that
is designed to collect HAP vapors displaced from marine tank vessels
during marine tank vessel loading operations and to prevent HAP vapors
collected at one loading berth from passing through another loading
berth to the atmosphere, except for those commodities exempted under
Sec.  63.560(d).
    (ii) Ship-to-shore compatibility. The owner or operator of a new
source with emissions less than 10 and 25 tons, an existing or new
source with emissions of 10 or 25 tons, and an existing source with
emissions less than 10 and 25 tons that loads more than 1 million bbl/
yr of gasoline shall limit marine tank vessel loading operations to
those vessels that are equipped with vapor collection equipment that is
compatible with the terminal's vapor collection system, except for
those commodities exempted under Sec.  63.560(d).
    (iii) Vapor tightness of marine vessels. The owner or operator of a
new source with emissions less than 10 and 25 tons, an existing or new
source with emissions of 10 or 25 tons, and an existing source with
emissions less than 10 and 25 tons that loads more than 1 million bbl/
yr of gasoline shall limit marine tank vessel loading operations to
those vessels that are vapor tight and to those vessels that are
connected to the vapor collection system, except for those commodities
exempted under Sec.  63.560(d).
* * * * *
    (e) Operation and maintenance requirements for air pollution
control equipment and monitoring equipment for affected sources. At all
times, owners or operators of affected sources shall operate and
maintain a source, including associated air pollution control
equipment, in a manner consistent with safety and good air pollution
control practices for minimizing emissions. Determination of whether
acceptable operation and maintenance procedures are being used 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.
* * * * *
    (7) In response to an action to enforce the standards set forth in
this subpart, you may assert a civil defense to a claim for civil
penalties for exceedances of such standards that are caused by a
malfunction, as defined in Sec.  63.2. Appropriate penalties may be
assessed, however, if the respondent fails to meet its burden of
proving all the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
    (i) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of facilities must timely meet
the notification requirements of paragraph (e)(7)(ii) of this section,
and must prove by a preponderance of evidence that:
    (A) The excess emissions were caused by a sudden, short,
infrequent, and unavoidable failure of air pollution control and
monitoring equipment, or a process to operate in a normal and usual
manner; and could not have been prevented through careful planning,
proper design or better operation and maintenance practices; and did
not stem from any activity or event that could have been foreseen and
avoided, or planned for; and were not part of a recurring pattern
indicative of inadequate design, operation, or maintenance; and
    (B) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs; and
    (C) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
    (D) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, severe personal injury, or severe property damage; and
    (E) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health; and
    (F) All emissions monitoring and control systems were kept in
operation if at all possible; and

    (G) Your actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (H) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
    (I) The owner or operator has prepared a written root cause
analysis to determine, correct and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using the best
monitoring methods and engineering judgment, the amount of excess
emissions that were the result of the malfunction.
    (ii) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later 2 business days
after the initial occurrence of the malfunction, if it wishes to avail
itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
30 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(e)(7)(i) of this section.
    (f) The owner or operator of an existing source, that is not
located at a petroleum refinery, with emissions less than 10 and 25
tons that loads more than 1 million bbl/yr of gasoline shall:
    (1) Limit emissions to not more than 10 mg of total organic
compounds per liter of gasoline loaded; or
    (2) Reduce captured emissions by at least 97 percent by weight.
    35. Section 63.563 is amended by revising paragraphs (a)
introductory text and (b)(1) to read as follows:

Sec.  63.563  Compliance and performance testing.

    (a) The following procedures shall be used to determine compliance
with the emissions limits under Sec.  63.562(b)(1), (c)(2), (d)(1), and
(f):
* * * * *
    (b) * * *
    (1) Initial performance test. An initial performance test shall be
conducted using the procedures listed in Sec.  63.7 of subpart A of
this part according to the applicability in Table 1 of Sec.  63.560,
the procedures listed in this section, and the test methods listed in
Sec.  63.565. The initial performance test shall be conducted within
180 days after the compliance date for the specific affected source.
During this performance test, sources subject to MACT standards under
Sec.  63.562(b)(2), (3), (4), and (5), and (d)(2) shall determine the
reduction of HAP emissions, as VOC, for all combustion or recovery
devices other than flares. Performance tests shall be conducted under
such conditions as the Administrator specifies to the owner or operator
based on representative performance of the affected source for the
period being tested. 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. Sources subject to RACT
standards under Sec.  63.562(c)(3), (4), and (5), and (d)(2) shall
determine the reduction of VOC emissions for all combustion or recovery
devices other than flares.
* * * * *

Subpart KK--[Amended]

    36. Section 63.820 is amended by adding paragraph (c) to read as
follows:

Sec.  63.820  Applicability.

* * * * *
    (c) In response to an action to enforce the standards set forth in
this subpart, you may assert a civil defense to a claim for civil
penalties for exceedances of such standards that are caused by a
malfunction, as defined in Sec.  63.2. Appropriate penalties may be
assessed, however, if the respondent fails to meet its burden of
proving all the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
    (1) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of facilities must timely meet
the notification requirements of paragraph (c)(2) of this section, and
must prove by a preponderance of evidence that:
    (i) The excess emissions were caused by a sudden, short,
infrequent, and unavoidable failure of air pollution control and
monitoring equipment, or a process to operate in a normal an usual
manner; and could not have been prevented through careful planning,
proper design or better operation and maintenance practices; and did
not stem from any activity or event that could have been foreseen and
avoided, or planned for; and were not part of a recurring pattern
indicative of inadequate design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs; and
    (iii) The frequency, amount, and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
    (iv) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, severe personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health; and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible; and
    (vii) Your actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the facility was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) The owner or operator has prepared a written root cause
analysis to determine, correct and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using the best
monitoring methods and engineering judgment, the amount of excess
emissions that were the result of the malfunction.
    (2) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later 2 business days
after the initial occurrence of the malfunction, if it wishes to avail
itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
30 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(c)(1) of this section.
    37. Section 63.822 is amended by adding in alphabetical order a
definition for ``affirmative defense'' to paragraph (a) to read as
follows:

Sec.  63.822  Definitions.

    (a) * * *

    Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits
of which are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *
    38. Section 63.823 is revised to read as follows:

Sec.  63.823  Standards: General.

    (a) Table 1 to this subpart provides cross references to the 40 CFR
part 63, subpart A, general provisions, indicating the applicability of
the general provisions requirements to this subpart KK.
    (b) Each owner or operator of an affected source subject to this
subpart must at all times operate and maintain that 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. Determination of whether
such operation and maintenance procedures are being used 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.
    39. Section 63.827 is amended by adding introductory text to read
as follows:

Sec.  63.827  Performance test methods.

    Performance tests shall be conducted under such conditions as the
Administrator specifies to the owner or operator based on
representative performance of the affected source for the period being
tested. 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.
* * * * *
    40. Section 63.829 is amended by adding paragraphs (g) and (h) to
read as follows:

Sec.  63.829  Recordkeeping requirements.

* * * * *
    (g) Each owner or operator of an affected source subject to this
subpart shall maintain records of the occurrence and duration of each
malfunction of operation (i.e., process equipment), air pollution
control equipment, or monitoring equipment.
    (h) Each owner or operator of an affected source subject to this
subpart shall maintain records of actions taken during periods of
malfunction to minimize emissions in accordance with Sec.  63.823(b),
including corrective actions to restore malfunctioning process and air
pollution control and monitoring equipment to its normal or usual
manner of operation.
    41. Section 63.830 is amended by:
    a. Removing and reserving paragraph (b)(5); and
    b. Adding paragraph (b)(6)(v) to read as follows:

Sec.  63.830  Reporting requirements.

* * * * *
    (b) * * *
    (5) [Reserved]
    (6) * * *
    (v) The number, duration, and a brief description for each type of
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded.
The report must also include a description of actions taken by an owner
or operator during a malfunction of an affected source to minimize
emissions in accordance with Sec.  63.823(b), including actions taken
to correct a malfunction.
    42. Table 1 to Subpart KK of part 63 is amended by:
    a. Removing entry 63.6(e);
    b. Adding entries 63.6(e)(1)(i), 63.6(e)(1)(ii); 63.6(e)(1)(iii),
63.6(e)(2), and 63.6(e)(3);
    c. Removing entry 63.6(f);
    d. Adding entries 63.6(f)(1) and 63.6(f)(2)-(f)(3);
    e. Removing entry 63.7;
    f. Adding entries 63.7(a)-(d), 63.7(e)(1), and 63.7(e)(2)-(e)(4);
    g. Removing entry 63.8(d)-(f);
    h. Adding entries 63.8(d)(1)-(2), 63.8(d)(3), and 63.8(e)-(f);
    i. Removing entries 63.10(b)(1)-(b)(3), 63.10(c)(10)-(c)(15), and
63.10(d)(4)-(d)(5);
    j. Adding entries 63.10(b)(1), 63.10(b)(2)(i), 63.10(b)(2)(ii),
63.10(b)(2)(iii), 63.10(b)(2)(iv)-(b)(2)(v), 63.10(b)(2)(vi)-
(b)(2)(xiv), 63.10(b)(3), 63.10(c)(10), 63.10(c)(11), 63.10(c)(12)-
(c)(14), 63.10(c)(15), 63.10(d)(4), and 63.10(d)(5) to read as follows:

               Table 1 to Subpart KK of Part 63--Applicability of General Provisions to Subpart KK
----------------------------------------------------------------------------------------------------------------
      General provisions reference                    Applicable to Subpart KK                    Comment
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.6(e)(1)(i)....................  No.............................................  See 63.823(b) for
                                                                                general duty
                                                                                requirement. Any
                                                                                cross-reference to
                                                                                63.6(e)(1)(i) in any
                                                                                other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.823(b).
Sec.   63.6(e)(1)(ii)...................  No.............................................
Sec.   63.6(e)(1)(iii)..................  Yes............................................
Sec.   63.6(e)(2).......................  No.............................................  Section reserved.
Sec.   63.6(e)(3).......................  No.............................................
Sec.   63.6(f)(1).......................  No.............................................
Sec.   63.6(f)(2)-(f)(3)................  Yes............................................

                                                  * * * * * * *
Sec.   63.7(a)-(d)......................  Yes............................................
Sec.   63.7(e)(1).......................  No.............................................  See 63.827
                                                                                introductory text.
                                                                                Any cross-reference
                                                                                to 63.7(e)(1) in any
                                                                                other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to 63.827
                                                                                introductory text.
Sec.   63.7(e)(2)-(e)(4)................  Yes............................................

                                                  * * * * * * *
Sec.   63.8(d)(1)-(2)...................  Yes............................................
Sec.   63.8(d)(3).......................  Yes, except for last sentence..................
Sec.   63.8(e)-(f)......................  Yes............................................

                                                  * * * * * * *
Sec.   63.10(b)(1)......................  Yes............................................
Sec.   63.10(b)(2)(i)...................  No.............................................
Sec.   63.10(b)(2)(ii)..................  No.............................................  See 63.829(g) for
                                                                                recordkeeping of
                                                                                occurrence and
                                                                                duration of
                                                                                malfunctions. See
                                                                                63.829(h) for
                                                                                recordkeeping of
                                                                                actions taken during
                                                                                malfunction. Any
                                                                                cross-reference to
                                                                                63.10(b)(2)(ii) in
                                                                                any other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.829(g).
Sec.   63.10(b)(2)(iii).................  Yes............................................
Sec.   63.10(b)(2)(iv)-(b)(2)(v)........  No.............................................
Sec.   63.10(b)(2)(vi)-(b)(2)(xiv)......  Yes............................................
Sec.   63.10(b)(3)......................  Yes............................................

                                                  * * * * * * *
Sec.   63.10(c)(10).....................  No.............................................  See 63.830(b)(6)(v)
                                                                                for reporting
                                                                                malfunctions. Any
                                                                                cross-reference to
                                                                                63.10(c)(10) in any
                                                                                other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.830(b)(6)(v).
Sec.   63.10(c)(11).....................  No.............................................  See 63.830(b)(6)(v)
                                                                                for reporting
                                                                                malfunctions. Any
                                                                                cross-reference to
                                                                                63.10(c)(11) in any
                                                                                other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.830(b)(6)(v).
Sec.   63.10(c)(12)-(c)(14).............  Yes............................................
Sec.   63.10(c)(15).....................  No.............................................

                                                  * * * * * * *
Sec.   63.10(d)(4)......................  Yes............................................
Sec.   63.10(d)(5)......................  No.............................................

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

Subpart CCC--[Amended]

    43. Section 63.1155 is amended by adding paragraph (d) to read as
follows:

Sec.  63.1155  Applicability.

* * * * *
    (d) In response to an action to enforce the standards set forth in
this subpart, you may assert a civil defense to a claim for civil
penalties for exceedances of such standards that are caused by a
malfunction, as defined in Sec.  63.2. Appropriate penalties may be
assessed, however, if the respondent fails to meet its burden of
proving all the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
    (1) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of facilities must timely meet
the notification requirements of paragraph (d)(2) of this section, and
must prove by a preponderance of evidence that:
    (i) The excess emissions were caused by a sudden, short,
infrequent, and unavoidable failure of air pollution control and
monitoring equipment, or a process to operate in a normal an usual
manner; and could not have been prevented through careful planning,
proper design, or better operation and maintenance practices; and did
not stem from any activity or event that could have been foreseen and
avoided, or planned for; and were not part of a recurring pattern
indicative of inadequate design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs; and
    (iii) The frequency, amount, and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
    (iv) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, severe personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health; and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible; and
    (vii) Your actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the facility was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) The owner or operator has prepared a written root cause
analysis to determine, correct, and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using the best
monitoring methods and engineering judgment, the amount of excess
emissions that were the result of the malfunction.
    (2) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later 2 business days
after the initial occurrence of the malfunction, if it wishes to avail
itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
30 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(d)(1) of this section.
    44. Section 63.1156 is amended by adding in alphabetical order a
definition for ``affirmative defense'' to read as follows:

Sec.  63.1156  Definitions.

* * * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits
of which are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *
    45. Section 63.1159 is amended by adding paragraph (c) to read as
follows:

Sec.  63.1159  Operational and equipment standards for existing, new,
or reconstructed sources.

* * * * *
    (c) At all times, each owner or operator must operate and maintain
any affected source subject to the requirements of this subpart,
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 the owner or operator to make any
further efforts to reduce emissions if levels required by this standard
have been achieved. Determination of whether such operation and
maintenance procedures are being used 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.
    46. Section 63.1160 is amended by revising paragraph (b) to read as
follows:

Sec.  63.1160  Compliance dates and maintenance requirements.

* * * * *
    (b) Maintenance requirements. (1) The owner or operator shall
prepare an operation and maintenance plan for each emission control
device to be implemented no later than the compliance date. The plan
shall be incorporated by reference into the source's title V permit.
All such plans must be consistent with good maintenance practices, and,
for a scrubber emission control device, must at a minimum:
    (i) Require monitoring and recording the pressure drop across the
scrubber once per shift while the scrubber is operating in order to
identify changes that may indicate a need for maintenance;
    (ii) Require the manufacturer's recommended maintenance at the
recommended intervals on fresh solvent pumps, recirculating pumps,
discharge pumps, and other liquid pumps, in addition to exhaust system
and scrubber fans and motors associated with those pumps and fans;
    (iii) Require cleaning of the scrubber internals and mist
eliminators at intervals sufficient to prevent buildup of solids or
other fouling;
    (iv) Require an inspection of each scrubber at intervals of no less
than 3 months with:
    (A) Cleaning or replacement of any plugged spray nozzles or other
liquid delivery devices;
    (B) Repair or replacement of missing, misaligned, or damaged
baffles, trays, or other internal components;
    (C) Repair or replacement of droplet eliminator elements as needed;
    (D) Repair or replacement of heat exchanger elements used to
control the temperature of fluids entering or leaving the scrubber; and
    (E) Adjustment of damper settings for consistency with the required
air flow.
    (v) If the scrubber is not equipped with a viewport or access hatch
allowing visual inspection, alternate means of inspection approved by
the Administrator may be used.
    (vi) The owner or operator shall initiate procedures for corrective
action within 1 working day of detection of an operating problem and
complete all corrective actions as soon as practicable. Procedures to
be initiated are the applicable actions that are specified in the
maintenance plan. Failure to initiate or provide appropriate repair,
replacement, or other corrective action is a violation of the
maintenance requirement of this subpart.
    (vii) The owner or operator shall maintain a record of each
inspection, including each item identified in paragraph (b)(2)(iv) of
this section, that is signed by the responsible maintenance official
and that shows the date of each inspection, the problem identified, a
description of the repair, replacement, or other corrective action
taken, and the date of the repair, replacement, or other corrective
action taken.
    (2) The owner or operator of each hydrochloric acid regeneration
plant shall develop and implement a written maintenance program. The
program shall require:
    (i) Performance of the manufacturer's recommended maintenance at
the recommended intervals on all required systems and components;
    (ii) Initiation of procedures for appropriate and timely repair,
replacement, or other corrective action within 1 working day of
detection; and
    (iii) Maintenance of a daily record, signed by a responsible
maintenance official, showing the date of each inspection for each
requirement, the problems found, a description of the repair,
replacement, or other action taken, and the date of repair or
replacement.
    47. Section 63.1161 is amended by revising paragraph (a)
introductory text to read as follows:

Sec.  63.1161  Performance testing and test methods.

    (a) Demonstration of compliance. The owner or operator shall
conduct an initial performance test for each process or emission
control device to determine and demonstrate compliance with the
applicable emission limitation according to the requirements in Sec.
63.7 of subpart A of this part and in this section. Performance tests
shall be conducted under such conditions as the Administrator specifies
to the owner or operator based on representative performance of the
affected source for the period being tested. 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.
* * * * *
    48. Section 63.1164 is amended by revising paragraph (c) to read as
follows:

Sec.  63.1164  Reporting requirements.

* * * * *
    (c) The number, duration, and a brief description for each type of
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded
shall be stated in a semiannual report. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  63.1159(c), including actions taken to correct a
malfunction. The report, to be certified by the owner or operator or
other responsible official, shall be submitted semiannually and
delivered or postmarked by the 30th day following the end of each
calendar half.
    49. Section 63.1165 is amended by:
    a. Revising paragraph (a)(1);
    b. Revising paragraph (a)(4);
    c. Removing paragraph (a)(5) and redesignating paragraphs (a)(6)
through (a)(11) as paragraphs (a)(5) through (a)(10) to read as
follows:

Sec.  63.1165  Recordkeeping requirements.

    (a) * * *
    (1) The occurrence and duration of each malfunction of operation
(i.e., process equipment);
* * * * *

    (4) Actions taken during periods of malfunction to minimize
emissions in accordance with Sec.  63.1259(c) and the dates of such
actions (including corrective actions to restore malfunctioning process
and air pollution control equipment to its normal or usual manner of
operation);
* * * * *
    50. Table 1 to Subpart CCC is amended by:
    a. Removing entry 63.6(a)-(g);
    b. Adding entries 63.6(a)-(d), 63.6(e)(1)(i), 63.6(e)(1)(ii),
63.6(e)(1)(iii), 63.6(e)(2), 63.6(e)(3), 63.6(f)(1), 63.6(f)(2)-(3),
63.6(g);
    c. Removing entry 63.7-63.9;
    d. Adding entries 63.7, 63.8(a)-(c), 63.8(d)(1)-(2), 63.8(d)(3),
and 63.8(e)-(f);
    e. Removing entry 63.10(a)-(c);
    f. Adding entries 63.10(a), 63.10(b)(1), 63.10(b)(2)(i),
63.10(b)(2)(ii), 63.10(b)(2)(iii), 63.10(b)(2)(iv)-(v),
63.10(b)(2)(vi)-(xvi), 63.10(b)(3), 63.10(c)(1)-(9), 63.10(c)(10),
63.10(c)(11), 63.10(c)(12)-(14), and 63.10(c)(15);
    g. Removing entry 63.10(d)(4)-(5);
    h. Adding entries 63.10(d)(4) and 63.10(d)(5) to read as follows:

  Table 1 to Subpart CCC of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                       CCC
----------------------------------------------------------------------------------------------------------------
                Reference                              Applies to Subpart CCC                   Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
63.6 (a)-(d)............................  Yes............................................
63.6(e)(1)(i)...........................  No.............................................  See Sec.   63.1259(c)
                                                                                for general duty
                                                                                requirement. Any
                                                                                cross-reference to
                                                                                Sec.   63.6(e)(1)(i)
                                                                                in any other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to Sec.
                                                                                63.1259(c).
63.6(e)(1)(ii)..........................  No.............................................
63.6(e)(1)(iii).........................  Yes............................................
63.6(e)(2)..............................  No.............................................  Section reserved.
63.6(e)(3)..............................  No.............................................
63.6(f)(1)..............................  No.............................................
63.6(f)(2)-(3)..........................  Yes............................................
63.6(g).................................  Yes............................................

                                                  * * * * * * *
63.7....................................  Yes............................................
63.8(a)-(c).............................  Yes............................................
63.8(d)(1)-(2)..........................  Yes............................................
63.8(d)(3)..............................  Yes, except for last sentence..................
63.8(e)-(f).............................  Yes............................................

                                                  * * * * * * *
63.10(a)................................  Yes............................................
63.10(b)(1).............................  Yes............................................
63.10(b)(2)(i)..........................  No.............................................
63.10(b)(2)(ii).........................  No.............................................  See Sec.
                                                                                63.1265(a)(1) for
                                                                                recordkeeping of
                                                                                occurrence and
                                                                                duration of
                                                                                malfunctions. See
                                                                                Sec.   63.1265(a)(4)
                                                                                for recordkeeping of
                                                                                actions taken during
                                                                                malfunction. Any
                                                                                cross-reference to
                                                                                Sec.
                                                                                63.10(b)(2)(ii) in
                                                                                any other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to Sec.
                                                                                63.1265(a)(1).
63.10(b)(2)(iii)........................  Yes............................................
63.10(b)(2)(iv)-(v).....................  No.............................................
63.10(b)(2)(vi)-(xiv)...................  Yes............................................
63.10(b)(3).............................  Yes............................................

                                                  * * * * * * *
63.10(c)(1)-(9).........................  Yes............................................
63.10(c)(10)............................  No.............................................  See Sec.   63.1164(c)
                                                                                for reporting
                                                                                malfunctions. Any
                                                                                cross-reference to
                                                                                Sec.   63.10(c)(10)
                                                                                in any other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to Sec.
                                                                                63.1164(c).
63.10(c)(11)............................  No.............................................  See Sec.   63.1164(c)
                                                                                for reporting
                                                                                malfunctions. Any
                                                                                cross-reference to
                                                                                Sec.   63.10(c)(11)
                                                                                in any other general
                                                                                provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to Sec.
                                                                                63.1164(c).
63.10(c)(12)-(c)(14)....................  Yes............................................
63.10(c)(15)............................  No.............................................
63.10(d)(4).............................  Yes............................................
63.10(d)(5).............................  No.............................................

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

Subpart GGG--[Amended]

    51. Section 63.1250 is amended by revising paragraph (g) to read as
follows:

Sec.  63.1250  Applicability.

* * * * *
    (g) Applicability of this subpart. (1) Each provision set forth in
this subpart shall apply at all times, except that the provisions set
forth in Sec.  63.1255 of this subpart shall not apply during periods
of nonoperation of the PMPU (or specific portion thereof) in which the
lines are drained and depressurized

resulting in the cessation of the emissions to which Sec.  63.1255 of
this subpart applies.
    (2) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with the emissions
limitations of this subpart during times when emissions (or, where
applicable, wastewater streams or residuals) are being routed to such
items of equipment, if the shutdown would contravene emissions
limitations of this subpart applicable to such items of equipment. This
paragraph does not apply if the owner or operator must shut down the
equipment to avoid damage to a PMPU or portion thereof.
    (3) At all times, each owner or operator must operate and maintain
any affected source subject to the requirements of this subpart,
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 the owner or operator to make any
further efforts to reduce emissions if levels required by this standard
have been achieved. Determination of whether such operation and
maintenance procedures are being used 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.
    (4) In response to an action to enforce the standards set forth in
this subpart, you may assert a civil defense to a claim for civil
penalties for exceedances of such standards that are caused by a
malfunction, as defined in Sec.  63.2. Appropriate penalties may be
assessed, however, if the respondent fails to meet its burden of
proving all the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
    (i) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of facilities must timely meet
the notification requirements of paragraph (g)(4)(ii) of this section,
and must prove by a preponderance of evidence that:
    (A) The excess emissions were caused by a sudden, short,
infrequent, and unavoidable failure of air pollution control and
monitoring equipment, or a process to operate in a normal and usual
manner; and could not have been prevented through careful planning,
proper design, or better operation and maintenance practices; and did
not stem from any activity or event that could have been foreseen and
avoided, or planned for; and were not part of a recurring pattern
indicative of inadequate design, operation, or maintenance; and
    (B) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs; and
    (C) The frequency, amount, and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
    (D) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, severe personal injury, or severe property damage; and
    (E) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health; and
    (F) All emissions monitoring and control systems were kept in
operation if at all possible; and
    (G) Your actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (H) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
    (I) The owner or operator has prepared a written root cause
analysis to determine, correct, and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using the best
monitoring methods and engineering judgment, the amount of excess
emissions that were the result of the malfunction.
    (ii) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later 2 business days
after the initial occurrence of the malfunction, if it wishes to avail
itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
30 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(g)(4)(i) of this section.
* * * * *
    52. Section 63.1251 is amended by adding in alphabetical order a
definition for ``affirmative defense'' to read as follow:

Sec.  63.1251  Definitions.

* * * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits
of which are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *
    53. Section 63.1255 is amended by revising paragraph (g)(4)(v)(A)
to read as follow:

Sec.  63.1255  Standards: Equipment leaks.

* * * * *
    (g) * * *
    (4) * * *
    (v) * * *
    (A) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures shall be included in a document that is maintained at the
plant site. Reasons for delay of repair may be documented by citing the
relevant sections of the written procedure.
* * * * *
    54. Section 63.1256 is amended by revising paragraph (a)(4)(i)
introductory text, and removing paragraphs (a)(4)(iii) and (iv) to read
as follows:

Sec.  63.1256  Standards: Wastewater.

* * * * *
    (a) * * *
    (4) * * *
    (i) The owner or operator shall prepare a description of
maintenance procedures for management of wastewater generated from the
emptying and purging of equipment in the process during temporary
shutdowns for inspections, maintenance, and repair (i.e., a maintenance
turnaround) and during periods which are not shutdowns (i.e., routine
maintenance). The descriptions shall be included in a document that is
maintained at the plant site and shall:
* * * * *
    55. Section 63.1257 is amended by revising paragraph (a)
introductory text and the first sentence of paragraph
(e)(2)(iii)(A)(6)(ii) to read as follows:

Sec.  63.1257  Test methods and compliance procedures.

    (a) General. Except as specified in paragraph (a)(5) of this
section, the procedures specified in paragraphs (c), (d), (e), and (f)
of this section are

required to demonstrate initial compliance with Sec. Sec.  63.1253,
63.1254, 63.1256, and 63.1252(e), respectively. The provisions in
paragraphs (a)(2) through (3) apply to performance tests that are
specified in paragraphs (c), (d), and (e) of this section. The
provisions in paragraph (a)(5) of this section are used to demonstrate
initial compliance with the alternative standards specified in
Sec. Sec.  63.1253(d) and 63.1254(c). The provisions in paragraph
(a)(6) of this section are used to comply with the outlet concentration
requirements specified in Sec. Sec.  63.1253(c), 63.1254(a)(2)(i), and
(a)(3)(ii)(B), 63.1254(b)(i), and 63.1256(h)(2). Performance tests
shall be conducted under such conditions as the Administrator specifies
to the owner or operator based on representative performance of the
affected source for the period being tested. 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.
* * * * *
    (e) * * *
    (2) * * *
    (iii) * * *
    (A) * * *
    (6) * * *
    (ii) The owner or operator may consider the inlet to the
equalization tank as the inlet to the biological treatment process if
the wastewater is conveyed by hard-piping from either the last previous
treatment process or the point of determination to the equalization
tank; and the wastewater is conveyed from the equalization tank
exclusively by hard-piping to the biological treatment process and no
treatment processes or other waste management units are used to store,
handle, or convey the wastewater between the equalization tank and the
biological treatment process; and the equalization tank is equipped
with a fixed roof and a closed-vent system that routes emissions to a
control device that meets the requirements of Sec.  63.1256(b)(1)(i)
through (iv) and Sec.  63.1256(b)(2)(i). * * *
* * * * *

Sec.  63.1258  [Amended]

    56. Section 63.1258 is amended by removing paragraph (b)(8)(iv).
    57. Section 63.1259 is amended by revising paragraph (a)(3) to read
as follows:

Sec.  63.1259  Recordkeeping requirements.

* * * * *
    (a) * * *
    (3) Malfunction records. Each owner or operator of an affected
source subject to this subpart shall maintain records of the occurrence
and duration of each malfunction of operation (i.e., process
equipment), air pollution control equipment, or monitoring equipment.
Each owner or operator shall maintain records of actions taken during
periods of malfunction to minimize emissions in accordance with Sec.
63.1250(g)(3), including corrective actions to restore malfunctioning
process and air pollution control and monitoring equipment to its
normal or usual manner of operation.
* * * * *
    58. Section 63.1260 is amended by revising paragraph (i) to read as
follows:

Sec.  63.1260  Reporting requirements.

* * * * *
    (i) The number, duration, and a brief description for each type of
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded.
The report must also include a description of actions taken by an owner
or operator during a malfunction of an affected source to minimize
emissions in accordance with Sec.  63.1250(g)(3), including actions
taken to correct a malfunction.
* * * * *
    59. Table 1 to Subpart GGG is amended by:
    a. Removing entry 63.6(e);
    b. Adding entries 63.6(e)(1)(i), 63.6(e)(1)(ii), 63.6(e)(1)(iii),
63.6(e)(2), and 63.6(e)(3);
    c. Removing entry 63.6(f)-(g);
    d. Adding entries 63.6(f)(1), 63.6(f)(2)-(3), 63.6(g);
    e. Removing entry 63.7(e);
    f. Adding entries 63.7(e)(1) and 63.7(e)(2)-(4);
    g. Removing entry 63.8(d);
    h. Adding entries 63.8(d)(1)-(2) and 63.8(d)(3).
    i. Removing entry 63.10(c)-(d)(2);
    j. Adding entries 63.10(c)(1)-(9), 63.10(c)(10), 63.10(c)(11),
63.10(c)(12)-(14), 63.10(c)(15), and 63.10(d)(1)-(2);
    k. Removing entry 63.10(d)(4-5); and
    l. Adding entries 63.10(d)(4) and 63.10(d)(5) to read as follows:

               Table 1 to Subpart GGG of Part 63--General Provisions Applicability to Subpart GGG
----------------------------------------------------------------------------------------------------------------
 General provisions reference    Summary of requirements      Applies to Subpart GGG             Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.6(e)(1)(i)..........  Requirements during       No...........................  See 63.1250(g)(3) for
                                 periods of startup,                                      general duty
                                 shutdown, and                                            requirement. Any cross-
                                 malfunction.                                             reference to
                                                                                63.6(e)(1)(i) in any
                                                                                other general
                                                                                provision incorporated
                                                                                by reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.1250(g)(3).
Sec.   63.6(e)(1)(ii).........  Malfunction correction    No...........................
                                 requirements.
Sec.   63.6(e)(1)(iii)........  Enforceability of         Yes..........................
                                 operation and
                                 maintenance
                                 requirements.
Sec.   63.6(e)(2).............  Reserved................  No...........................  Section reserved.
Sec.   63.6(e)(3).............  Startup, shutdown, and    No...........................
                                 malfunction plan
                                 requirements.

                                                  * * * * * * *
63.6(f)(1)....................  Applicability of          No...........................
                                 nonopacity emission
                                 standards.
63.6(f)(2)-(3)................  Methods of determining    Yes..........................
                                 compliance and findings
                                 compliance.
63.6(g).......................  Use of an alternative     Yes..........................
                                 nonopacity emission
                                 standard.

                                                  * * * * * * *
63.7(e)(1)....................  Conduct of performance    No...........................  See 63.1257(a) text.
                                 tests.                                                   Any cross-reference to
                                                                                63.7(e)(1) in any
                                                                                other general
                                                                                provision incorporated
                                                                                by reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.1257(a).
63.7 (e)(2)-(4)...............  Performance tests         Yes..........................
                                 requirements.

                                                  * * * * * * *
63.8(d)(1)-(2)................  CMS quality control       Yes..........................
                                 program requirements.
63.8(d)(3)....................  CMS quality control       Yes, except for last sentence
                                 program recordkeeping
                                 requirements.

                                                  * * * * * * *
63.10(c)(1)-(9)...............  Additional recordkeeping  Yes..........................
                                 requirements for
                                 sources with continuous
                                 monitoring systems.
63.10(c)(10)..................  Malfunction               No...........................  Subpart GGG specifies
                                 recordkeeping                                            recordkeeping
                                 requirement.                                             requirements.
63.10(c)(11)..................  Malfunction corrective    No...........................  Subpart GGG specifies
                                 action recordkeeping                                     recordkeeping
                                 requirement.                                             requirements.
63.10(c)(12)-(14).............  Additional recordkeeping  Yes..........................
                                 requirements for
                                 sources with continuous
                                 monitoring systems.
63.10(c)(15)..................  Additional SSM            No...........................
                                 recordkeeping
                                 requirements.

                                                  * * * * * * *
63.10(d)(1)-(2)...............  General reporting         Yes..........................
                                 requirements.

                                                  * * * * * * *
63.10(d)(4)...................  Progress report           Yes..........................
                                 requirements.
63.10(d)(5)...................  Startup, shutdown, and    No...........................  Subpart GGG specifies
                                 malfunction report                                       reporting
                                 requirements.                                            requirements.

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

    60. Appendix A to part 63, Method 306-B is amended by:
    a. Revising paragraph 1.2;
    b. Revising paragraph 6.1;
    c. Revising paragraph 11.1;
    d. Adding paragraphs 11.1.1 through <IP_ADDRESS>; and
    e. Revising paragraph 11.2.2 to read as follows:

Appendix A to Part 63--Test Methods

Method 306B--Surface Tension Measurement for Tanks Used at Decorative
Chromium Electroplating and Chromium Anodizing Facilities

* * * * *
    1.2 Applicability. This method is applicable to all chromium
electroplating and chromium anodizing operations, and continuous
chromium plating at iron and steel facilities where a wetting agent
is used in the tank as the primary mechanism for reducing emissions
from the surface of the plating solution.
* * * * *
    6.1 Stalagmometer. Any commercially available stalagmometer or
equivalent surface tension measuring device may be used to measure
the surface tension of the plating or anodizing tank liquid provided
the procedures specified in Section 11.1.2 are followed.
* * * * *
    11.1 Procedure. The surface tension of the tank bath may be
measured using a tensiometer, stalagmometer, or any other equivalent
surface tension measuring device for measuring surface tension in
dynes per centimeter.
    11.1.1 If a tensiometer is used, the procedures specified in
ASTM Method D 1331-89 must be followed.
    11.1.2 If a stalagmometer is used, the procedures specified in
Sections <IP_ADDRESS> through <IP_ADDRESS> must be followed.
    <IP_ADDRESS> Check the stalagmometer for visual signs of damage. If
the stalagmometer appears to be chipped, cracked, or otherwise in
disrepair, the instrument shall not be used.
    <IP_ADDRESS> Using distilled or deionized water and following the
procedures provided by the manufacturer, count the number of drops
corresponding to the distilled/deionized water liquid volume between
the upper and lower etched marks on the stalagmometer. If the number
of drops for the distilled/deionized water is not within 1 drop of the number indicated on the instrument, the
stalagmometer must be cleaned, using the procedures specified in
Sections <IP_ADDRESS> through <IP_ADDRESS> of this method, before using the
instrument to measure the surface tension of the tank liquid.
    <IP_ADDRESS>.1 If the stalagmometer must be cleaned, as indicated in
Section <IP_ADDRESS>, repeat the procedure specified in Section <IP_ADDRESS>
before proceeding.
    <IP_ADDRESS>.2 If, after cleaning and performing the procedure in
Section <IP_ADDRESS>, the number of drops indicated for the distilled/
deionized water is not within 1 drop of the number
indicated on the instrument, either use the number of drops
corresponding to the distilled/deionized water volume as the
reference number of drops, or replace the instrument.
    11.1.3 Determine the surface tension of the tank liquid using
the procedures specified by the manufacturer of the stalagmometer.
    11.1.4 Stalagmometer cleaning procedures. The procedures
specified in Sections <IP_ADDRESS> through <IP_ADDRESS> shall be used for
cleaning a stalagmometer, as required by Section <IP_ADDRESS>.
    <IP_ADDRESS> Set up the stalagmometer on its stand in a fume hood.
    <IP_ADDRESS> Place a clean 150 (mL) beaker underneath the
stalagmometer and fill the beaker with reagent grade concentrated
nitric acid.
    <IP_ADDRESS> Immerse the bottom tip of the stalagmometer
(approximately 1 centimeter (0.5 inches)) into the beaker.
    <IP_ADDRESS> Squeeze the rubber bulb and pinch at the arrow up (1)
position to collapse.
    <IP_ADDRESS> Place the bulb end securely on top end of stalagmometer
and carefully draw the nitric acid by pinching the arrow up (1)
position until the level is above the top etched line.
    <IP_ADDRESS> Allow the nitric acid to remain in stalagmometer for 5
minutes, then

carefully remove the bulb, allowing the acid to completely drain.
    <IP_ADDRESS> Fill a clean 150 mL beaker with distilled or deionized
water.
    <IP_ADDRESS> Using the rubber bulb per the instructions in Sections
<IP_ADDRESS> and <IP_ADDRESS>, rinse and drain stalagmometer with deionized
or distilled water.
    <IP_ADDRESS> Fill a clean 150 mL beaker with isopropyl alcohol.
    <IP_ADDRESS> Again using the rubber bulb per the instructions in
Sections <IP_ADDRESS> and <IP_ADDRESS>, rinse and drain stalagmometer twice
with isopropyl alcohol and allow the stalagmometer to dry
completely.
* * * * *
    11.2.2 If a measurement of the surface tension of the solution
is above the 45 dynes per centimeter limit when measured using a
stalagmometer, above 35 dynes per centimeter when measured using a
tensiometer, or above an alternate surface tension limit established
during the performance test, the time interval shall revert back to
the original monitoring schedule of once every 4 hours. A subsequent
decrease in frequency would then be allowed according to Section
11.2.1.
* * * * *
[FR Doc. 2010-23839 Filed 10-20-10; 8:45 am]
BILLING CODE 6560-50-P