records for a period of 5 years, as required in 40 CFR part 63, subpart
A.

These records would be required to be maintained in such a manner that
they can be readily accessed and are suitable for inspection within 2-
hours time. This proposed record retention policy does not specify
onsite or offsite retention periods because we assume that sources
primarily use electronic archival systems that can be easily accessed
from on site, whether the archive exists on or off site. This will
provide more flexibility for sources regulated under 40 CFR part 63
while maintaining enforceability of the rule. This would allow the use
of hard copy or electronic storage technologies that enable offsite
data to be quickly retrieved by the site for independent review. For
sources regulated under 40 CFR part 60 and 40 CFR part 61, this
proposed recordkeeping provision could represent a longer total record
retention period of 5 years rather than 2 years, but would allow
shorter onsite record retention. For many sources regulated under 40
CFR part 60 and 40 CFR part 61, this proposed record retention
requirement represents a burden reduction compared to the title V
program, which requires onsite record retention for 5 years.
7. What are my general reporting requirements?
    We propose adding 40 CFR 65.225 to subpart H to consolidate and
make consistent the reporting provisions in 40 CFR parts 60, 61 and 63.
We considered the level of reporting that would be required for sources
regulated under the Uniform Standards according to the periodic
reporting requirements of the existing rules and the title V program.
Many sources are subject to numerous periodic reports under various 40
CFR parts 60, 61 and 63 subparts, as well as under the title V program.
Petroleum refineries, for example, are required to prepare periodic
reports under multiple regulations. For example, petroleum refineries
can be subject to regulations, such as subparts G, R, CC, UU and UUU of
40 CFR part 63, subparts Kb, R, VV, XX, GGG and QQQ of 40 CFR part 60
and subparts V, Y, BB and FF of 40 CFR part 61, in addition to title V
reporting requirements. All of these regulations have requirements for
periodic reporting, most commonly, semiannual reporting. The NESHAP for
petroleum refineries, 40 CFR part 63, subpart CC, includes provisions
for emission units that are subject to more than one regulation and the
rule provides direction regarding which rule the source should follow
to address the overlapping requirements. However, this guidance only
applies when more than one rule applies to a given emission unit; the
guidance does not address situations when several rules apply to the
source, but there is no overlap of requirements for a given emission
unit. For example, there is no guidance provided for situations, such
as a source with a storage tank subject to 40 CFR part 61, subpart Y,
another tank subject to 40 CFR part 60, subpart Kb and third tank
subject to 40 CFR part 63, subpart CC. For this example, the source is
required to know the details of the recordkeeping and reporting
requirements for all three rules and submit periodic reports according
to the requirements of each rule.
    As discussed in section II.D of this preamble, having the Uniform
Standards with different subparts referencing its use provides for a
significant burden reduction due to the consolidation of requirements.
Although the report content would be the same for a given emission
point type, the reporting schedule is dictated by the referencing
subpart; therefore, a source subject to the Uniform Standard under
multiple referencing subparts applicable to different emission points
could still be subject to multiple periodic reports on different
reporting schedules. However, we have included in proposed subpart H,
provisions modeled from the 40 CFR part 63 General Provisions, allowing
adjustments to reporting schedules to arrange the reports on a
consistent schedule, including 40 CFR part 70 or 40 CFR part 71
operating permit semiannual reports.
    Types of reports. To consolidate and make consistent the reporting
requirements under the Uniform Standards, proposed 40 CFR 65.225 groups
notifications and reports into four categories: (1) Notification of
Compliance Status, (2) semiannual periodic reports, (3) annual periodic
reports and (4) other notifications and reports. Consolidating the
reporting requirements as described in this section will make it easier
for you to comply with the rule and for the EPA to enforce and review
these provisions in the future.
    In an effort to streamline the reporting requirements and reduce
burden, we are proposing semiannual and annual periodic reports, based
on whether the reporting elements are deviations or non-deviations. We
considered whether it would be appropriate to eliminate periodic
reports under the Uniform Standards because sources are required to
document all deviations in 40 CFR part 70 or 40 CFR part 71 operating
permit semiannual reports, which must also be documented in reports for
the underlying rules. However, some reporting elements in the periodic
reports required under existing rules are not reporting deviations. For
example, periodic reports include, as applicable, reports on LDAR
monitoring (such as number of equipment tested and number of leaking
equipment found), new operating scenarios developed for batch
operations and the associated parameter monitoring and reports on
process changes. In order to address the differences between non-
deviation reporting elements and to assure the appropriate level of
detail for deviations, we have segregated the reporting elements into
deviation and non-deviations. For non-deviation reporting elements, we
are proposing that they be submitted annually in hardcopy. We have
determined that annual reporting of non-deviation elements is
sufficient to ensure compliance under the Uniform Standards, and
anticipate that requiring these reporting elements annually, as opposed
to semiannually, will create a burden reduction for industry (see
section VII.D of this preamble).
    Although we have maintained semiannual reporting for the deviation
reporting elements in the Uniform Standards, we are proposing that they
be electronically entered in the CEDRI (rather than submitted by other
means). The electronic reporting system will allow owners and operators
to create copies of any deviation reports they would need to submit in
a 40 CFR part 70 or 40 CFR part 71 operating permit semiannual report
to the permit authority. This would provide an additional burden
reduction for industry, as discussed in section VII.D of this preamble.
    We are proposing that the Notification of Compliance Status Reports
for 40 CFR part 65, subparts I and J be submitted electronically; the
Notification of Compliance Status Reports for 40 CFR part 65, subpart M
would be submitted in hard copy. We are not requiring electronic
submittal of the Notification of Compliance Status Report for subpart M
because it contains reporting elements that contain a high level of
detail and description. As discussed in section II.F of this preamble,
we have determined that these reporting elements would not be easily
incorporated into the electronic reporting system at this time.
    The category of ``other'' notifications and reports was created to
group together reports that are not part of the Notification of
Compliance Status or periodic compliance reports. This group includes
notifications and reports: (1) Submitted initially prior to the initial
compliance demonstration; (2) that must be submitted only if you
request to use alternative methods or procedures from

those specified in the proposed rule (e.g., request to use alternative
test method); and (3) that are needed to be submitted for certain
situations (e.g., notification of performance test; changes in
continuous monitoring system (CMS), processes or controls; new
operating scenarios for batch operations). Except for performance test
and CEMS performance evaluation reports, ``other'' reports would be
submitted in hard copy.
    We have included provisions that would require you to report any
changes in CMS, processes or controls, or new operating scenarios for
batch operations that differ from what has been previously reported
(either in the Notification of Compliance Status or a subsequent
report) within 30 days of making the change. We must be notified of
these changes because they could be germane to the determination of a
deviation, such as a deviation of an operating parameter under a new
operating scenario, which was employed following the last report. In
this instance, the agency would need to know the parameters against
which to evaluate the deviation, as established under the updated
operating scenario.
    Schedule. Proposed 40 CFR 65.225 also establishes a schedule for
submitting the initial Notification of Compliance Status and semiannual
and annual periodic reports. The Notification of Compliance Status for
each regulated source would be required to be reported within 240 days
after the applicable compliance date specified in the referencing
subparts, or within 60 days after the completion of the initial
performance test or initial compliance determination, whichever is
earlier. We are requiring an annual periodic report containing non-
deviation reporting elements. Reporting of deviations required by the
Uniform Standards would be reported electronically with the semiannual
periodic report.
    Report nomenclature. Currently, the 40 CFR parts 60, 61 and 63
General Provisions refer to the same report using different
nomenclature, and these differences would hamper our efforts to
specify, in 40 CFR part 65, subparts I through M, requirements related
to this report. For example, the initial compliance report is referred
to in the 40 CFR parts 60, 61 and 63 General Provisions as a ``summary
report'' (40 CFR 60.7(d)), ``compliance status information'' (40 CFR
part 61, appendix A) and a ``Notification of Compliance Status'' (40
CFR 63.9(h)), respectively. In proposed 40 CFR 65.225, this initial
report is renamed for all sources complying with the Uniform Standards,
and is referred to as the ``Notification of Compliance Status.'' Using
one name for this report for sources regulated under all three parts of
title 40 will facilitate efforts to specify requirements related to
this report in the proposed Uniform Standards in 40 CFR part 65,
subparts I through M.
    This same approach to standardizing report names has been applied
to periodic compliance reports and certain other reports. The proposed
Uniform Standards refer to the periodic compliance report as the
``annual periodic report'' or ``semiannual periodic report,'' which
standardizes the name for the ``excess emission and continuous
monitoring system performance report'' and ``summary report'' in 40 CFR
part 63, the ``excess emissions and monitoring systems performance
report'' and ``summary report form'' in 40 CFR part 60 and the
``compliance status information'' form in 40 CFR part 61, appendix A.
    Likewise, we propose making consistent, where appropriate, the
content of these similar reports in 40 CFR parts 60, 61 and 63 for the
semiannual and annual periodic reports and other notifications and
reports under the Uniform Standards. For example, the 40 CFR parts 60,
61 and 63 general provisions for periodic compliance reporting include
reporting provisions that are similar in intent, but slightly different
in content, and this discrepancy between the General Provisions
complicates our efforts to specify reporting requirements in 40 CFR
part 65, subparts I, J and M. The proposed ``semiannual periodic
report'' and ``annual periodic report'' incorporate elements of the
``excess emission and continuous monitoring system performance report''
and ``summary report'' in 40 CFR part 63, the ``excess emissions and
monitoring systems performance report'' and ``summary report form'' in
40 CFR part 60 and the ``compliance status information'' form in 40 CFR
part 61, appendix A. We are also updating the contents of the
semiannual and annual periodic reports by adding provisions for closed
vent systems, batch operations and process changes. Refer to section
V.B of this preamble for further discussion on this topic.
    Other report consolidation. We are proposing to consolidate certain
40 CFR part 60, 61 and 63 general provisions that specify the technical
contents of reports (e.g., submittal of test plan and performance
evaluation test plan), and we have determined that these provisions
would best be aggregated with the monitoring, performance testing and/
or reporting requirements of 40 CFR part 65, subpart M, instead of in
subpart H. It will be easier for sources to locate and understand these
requirements if they are included in subpart M with related testing and
monitoring requirements. Combining similar requirements together would
benefit both the public and private sector by simplifying compliance
and enforcement. Refer to section V.B of this preamble for further
discussion of this topic.
    We have consolidated the reporting requirement to submit a request
for alternative monitoring. The general provisions for 40 CFR parts 60,
61 and 63 all allow alternative monitoring, but 40 CFR part 60 and 40
CFR part 61 do not provide a procedure for submitting such a request.
We proposed to apply the procedure specified in the 40 CFR part 63
General Provisions to all sources subject to the Uniform Standards.
This proposed revision is discussed further in section VI.B.7 of this
preamble. Consolidating these provisions in subpart H would provide a
consistent method for requesting monitoring alternatives for all
referencing subparts, adding flexibility and simplifying compliance for
sources regulated under the Uniform Standards.
    Where we have determined that certain reporting requirements in the
40 CFR parts 60, 61 and 63 General Provisions do not apply to the
Uniform Standards, we have excluded these provisions from 40 CFR part
65, subparts H through M. For example, the 40 CFR parts 60, 61 and 63
general provisions applicable to opacity and visible emissions are not
included in proposed 40 CFR 65.225 because the Uniform Standards do not
address opacity and visible emissions standards. We have also not
included provisions from 40 CFR part 63 related to the SSM plan and
associated recordkeeping and reporting, based on the Court decision
that emissions limitations under CAA section 112 must apply at all
times, even during periods of SSM (see section VI.B.5 of this
preamble). Although the SSM plan and recordkeeping and reporting
requirements were not specifically vacated by the Court, they no longer
serve the original purpose of making sure the source follows good
pollution control measures during periods of SSM in return for not
being in violation.
    We have removed provisions that required recordkeeping and
reporting for actions taken during periods when a deviation occurs.
These measures, which were previously included in periodic reports
existing under 40 CFR part 60 and 40 CFR part 63, required that sources
document and report the corrective actions taken when a

deviation occurs, the measures adopted to correct the deviation, the
nature of the repairs or adjustments to the CMS and a description of
the cause of the deviation. Additionally, these provisions required
more detailed reporting, such as the identification of the cause (e.g.,
the monitoring equipment malfunction process upset, control device
upset, etc.) of each period of excess emissions and parameter
monitoring exceedances. The reporting elements required by these
provisions are elements that were previously established as part of SSM
requirements. Although we are not requiring recording or reporting of
these elements as part of the semiannual periodic report, sources may
wish to collect and maintain this information for EPA and corporate
review in the case of an exceedance of an emission standard. Further
requirements for periods of deviation will be addressed by the
referencing subpart in the manner appropriate for each source category;
these requirements will be established during the development of the
referencing subpart.
    Reporting impacts. The consolidation of reporting requirements, as
discussed in this section, will create a simplified, consistent method
for reporting that may be applied to multiple source categories. We
anticipate that these revised requirements will improve understanding,
facilitate compliance and reduce the burden associated with reporting
for multiple regulations. We have estimated that reducing the reporting
frequency for some reporting elements to annual; allowing semiannual
periodic reports to be submitted on a consistent schedule; and
converting to electronic reporting for certain reporting elements would
provide a reporting burden reduction of 42 to 59 percent to typical
chemical plants and refineries (see sections VI.B.6 and VII.D of this
preamble for more information).
8. How do I request a waiver for recordkeeping and reporting
requirements?
    We are proposing that 40 CFR 65.235 be added to subpart H to
provide a procedure for sources regulated under 40 CFR part 60 and 40
CFR part 61 (as well as 40 CFR part 63) to apply for and obtain
approval for a recordkeeping or reporting waiver request. This proposed
procedure for requesting a waiver is currently provided in the General
Provisions for 40 CFR part 63, subpart A, but is not provided in the
General Provisions for 40 CFR part 60 or 40 CFR part 61. 40 CFR 61.11
does provide provisions for a waiver of compliance, but does not
specifically address a waiver of recordkeeping and reporting. We
propose that sources regulated under 40 CFR part 61 submit the proposed
application for a waiver of recordkeeping or reporting with the
application requesting a waiver of compliance under 40 CFR 61.11.
Applying this 40 CFR part 63, subpart A procedure to all sources
referred to the Uniform Standards would add flexibility and simplify
compliance and enforcement for sources regulated under the Uniform
Standards.
9. How do I request alternative monitoring methods?
    We propose that 40 CFR 65.240 be added to subpart H to provide a
procedure for requesting alternative monitoring methods, including
major, minor and intermediate changes to monitoring methods. The
allowance to request alternative monitoring is currently provided in
the 40 CFR parts 60, 61 and 63 General Provisions, but the 40 CFR part
60 and 40 CFR part 61 General Provisions (i.e., see 40 CFR
60.13(h)(3)(i) and 61.14(g)(1)) do not provide a procedure for
application and approval of such requests. Applying the 40 CFR part 63
general provisions procedure (see 40 CFR 63.8(f)(4)(ii)), with minor
clarifying revisions to all sources referred to the Uniform Standards
would provide a consistent method for requesting monitoring
modifications and alternatives for all referencing subparts, adding
flexibility and simplifying compliance for sources regulated under the
Uniform Standards.
10. How do I request a waiver for performance testing requirements?
    40 CFR 65.245 is proposed to be added to subpart H to provide a
procedure for requesting a performance test waiver. This procedure is
currently provided in the 40 CFR part 63 General Provisions, but is not
provided in the 40 CFR part 60 General Provisions. The 40 CFR part 61
General Provisions (i.e., 40 CFR 60.8(b)) do allow a waiver for
performance tests, but do not provide a procedure for application and
approval.
    Applying this 40 CFR part 63 general provisions procedure to all
sources referred to the Uniform Standards would update these provisions
for sources regulated under 40 CFR part 60 and 40 CFR part 61 and
benefit both the public and industry by simplifying compliance for and
enforcement of sources regulated under the Uniform Standards.
11. How do I request to use an alternative test method?
    We propose that 40 CFR 65.250 be added to subpart H to provide a
procedure for requesting a different test method than specified in the
Uniform Standards, including standard methods not specified,
alternative test methods or changes to test methods. The allowance to
request alternative test methods is provided in 40 CFR parts 60, 61 and
63, subpart A, but 40 CFR part 60 and 40 CFR part 61, subpart A do not
provide a procedure for application and approval of such requests.
Applying this 40 CFR part 63, subpart A procedure to all sources
referred to the Uniform Standards would provide sources regulated under
40 CFR part 60 and 40 CFR part 61 with more detailed instructions,
simplifying compliance and enforcement of sources regulated under the
Uniform Standards.
12. What are the procedures for approval of alternative means of
emission limitation?
    40 CFR 65.260 is proposed to be added to subpart H to specify a
procedure for requesting an alternative means of emission limitation.
The 40 CFR part 61 and 40 CFR part 63 General Provisions currently
include such provisions. The 40 CFR part 60 General Provisions do not
include such provisions; however, such provisions are included in the
underlying rules of 40 CFR part 60. We are proposing to consolidate the
provisions for 40 CFR part 61 and 40 CFR part 63 into proposed subpart
H for sources directed to the Uniform Standards and regulated under 40
CFR parts 60, 61 and 63. The consolidated language in proposed subpart
H contains the same provisions as the other general provisions
requiring the source to submit a request containing information showing
that the alternative means of emission limitations achieves equivalent
emission reductions to the method specified in the Uniform Standards.
13. How do you determine what regulated sources are in regulated
material service?
    The previously proposed 40 CFR 65.275 describes procedures for
determining whether a source is ``in regulated material service,'' in
the event that a referencing subpart does not provide an explanation of
how to determine whether a source is ``in regulated material service.''
These previously proposed requirements are based on the procedures in
40 CFR 63.180(d), which require that you determine the percent organic
HAP

content using Method 18 of 40 CFR part 60, appendix A-6. We are
considering, but not proposing, applying the same concepts we used in
selecting the test methods allowable for performance test methods for
determining whether the source is ``in regulated materials service.''
As discussed in section V.B.6 of this preamble, we are not allowing EPA
Method 18, ASTM D6420-99 and EPA Method 320 as performance test methods
for total regulated material because these methods only work for
determining the quantity of known pollutants; therefore, you could fail
to identify the ``total'' regulated material. We are requesting comment
on whether it is reasonable to consider allowing Method 320 at 40 CFR
part 63, appendix A in lieu of EPA Method 18 for determining whether
your regulated source is in regulated materials service when the
specific organic regulated material is known, and not allowing EPA
Method 18 or EPA Method 320 when there are unknown HAP present.
Instead, we would specify that Method 25A at 40 CFR part 60, appendix
A-7 should be used to determine if the source is ``in regulated
materials service.'' This proposed 40 CFR 65.275 is identical to the
previously proposed 40 CFR 65.275.
14. What authorities are not delegated to the states?
    We delegate implementation and enforcement authority to a state
under sections 111(c) and 112(l) of the CAA. For the Uniform Standards,
the delegation of these authorities would be through the referencing
subparts because the proposed Uniform Standards are a set of
foundational requirements that may be used to demonstrate compliance
with the emissions standards specified in the referencing subpart.
However, because there are certain requirements that the EPA does not
delegate to the states, and some of those requirements are located in
the Uniform Standards, it is important to specify their location in the
Uniform Standards. 40 CFR 65.275 is proposed to be added to subpart H
to specify which authorities located in the Uniform Standards would be
retained by the EPA and not delegated to a state. The proposed Uniform
Standards in subpart H specify that the EPA retain authority to review
and approve the following: alternative means of emission limitation;
recordkeeping and reporting waivers; major changes to monitoring
requirements; major changes to test methods; and using standard EPA
test methods other than those listed in the Uniform Standards. This
proposed list of authorities is consistent with the list of retained
authorities specified 40 CFR parts 60, 61 and 63.
15. How do I determine compliance with periodic requirements?
    The proposed National Uniform Emission Standards for Heat
Exchangers (40 CFR part 65, subpart L), signed by the EPA Administrator
on November 30, 2011 (77 FR 960, January 6, 2012), included guidance on
the timing of periodic requirements, including a minimum amount of time
that must pass between consecutive instances, or ``reasonable
intervals.'' We provided reasonable intervals for weekly, monthly,
quarterly, semiannual and annual requirements in proposed 40 CFR part
65, subpart L, and those intervals have not changed. In the process of
developing the Uniform Standards, we have added periodic requirements
using additional time frames. Therefore, we are proposing to add
additional reasonable intervals for requirements that occur bimonthly,
three times per year and biennially (i.e., every 2 calendar years). We
are proposing that the reasonable interval for bimonthly requirements
would be 20 days, which is roughly halfway between the reasonable
intervals for monthly and quarterly requirements. Requirements that
must be completed ``three times per year'' are less defined in terms of
a calendar period, but if the three events were evenly spaced
throughout a year, they would occur about 120 days apart. We are
proposing that the reasonable interval for ``three times per year''
would be 40 days, which is consistent with the reasonable intervals of
about one-third of the calendar period that we proposed previously for
requirements that occur quarterly or less frequently. Finally, we are
proposing that for provisions that you are required to complete
biennially, you would repeat those events every other calendar year.
(For example, if you are required to monitor valves subject to 40 CFR
part 65, subpart J biennially, and you complete the first monitoring
event in January of 2014, you would be required to complete the next
monitoring event on or after January 1, 2016, and on or before December
31, 2016.) This provision has the effect of requiring you to schedule
each event between about 1 to 3 calendar years after the previous
event. We request comment on these reasonable intervals.
16. What definitions apply to this subpart?
    We are proposing definitions in subpart H for certain types of
units that appear in multiple Uniform Standards, so that those terms
are defined consistently. Some definitions modeled from subpart SS, UU
and WW of part 63 have been revised in the proposed subpart H for
clarification or applicability purposes. Refer to sections III through
V of this preamble for discussions about issues related to the proposed
definitions.

VII. Impacts of the Proposed Rule

    The Uniform Standards provide only operational, compliance
monitoring, recordkeeping and reporting requirements that would not
apply to any specific source category unless and until made applicable
in a subsequent rulemaking for that source category referencing the
Uniform Standards; therefore, it is most appropriate to present
nationwide impacts for a referencing subpart during proposal or
promulgation of that subpart when the emission standards are
established for a given source category and when the decision of
whether to refer to the Uniform Standards (and with what modifications)
is made. The referencing subpart will provide the specific
applicability of the Uniform Standards and an estimate of the number of
sources and emission units for the given source category. Using the
estimated numbers of regulated units, the nationwide impacts can be
clearly calculated and presented.
    In order to provide sufficient information on the proposed Uniform
Standards for comment review, we are presenting costs on a unit basis
for the proposed monitoring requirements that have not been included in
previous rules. Many of the requirements in the Uniform Standards are
the same or are similar to previous rules and do not represent changes
that will translate into a cost increase from current rules applicable
to the chemical industry. Although the Uniform Standards are intended
to reduce the overall burden for facilities, some of the proposed
changes could cause an increase in costs. This section provides a
discussion of these costs and any cost increases that could be
associated with the compliance requirements of the Uniform Standards
when they are applied through a referencing subpart.

A. What are the cost increases associated with requirements proposed in
40 CFR part 65, subpart I?

    Generally, costs will be the same or lower for the 40 CFR part 65,
subpart I standards. The proposed requirement to control emissions from
degassing certain storage vessels will increase costs, as described in
section III of this preamble. The proposed requirement to install
monitoring devices and alarms to

alert operators of impending floating roof landing and overfill will
add costs for facilities that do not already have such devices. The EPA
Method 21/optical gas imaging instrument monitoring of fixed roofs will
be more costly than visual inspections.

B. What are the cost increases associated with requirements proposed in
40 CFR part 65, subpart J?

    There are two new provisions in the Uniform Standards for Equipment
Leaks that are expected to increase costs compared to current rules. As
described in section IV.B.1 of this preamble, the first of these is
annual instrument monitoring for open-ended valves and lines to ensure
compliance with the requirement that the cap, blind flange, plug or a
second valve properly seals the open-ended valve or line. The costs for
the model plants ranged from a capital cost of $810 and an annualized
cost of $180 for the simple chemical manufacturing model to a capital
cost of $23,000 and an annualized cost of $5,400 for the complex
refinery model.
    The other provision that is expected to increase costs compared to
current rules is the requirement to install electronic indicators on
each PRD that would be able to identify and record the time and
duration of each pressure release. These costs range from a capital
cost of $11,000 and an annualized capital cost of $1,600 for the simple
chemical manufacturing model to a capital cost of $130,000 and an
annualized capital cost of $19,000 for the complex refinery model.
Additional details on the calculation of these costs are provided in
the technical memorandum entitled Analysis of Emission Reduction
Techniques for Equipment Leaks, in Docket ID No. EPA-HQ-OAR-2010-0869.

C. What are the cost increases associated with requirements proposed in
40 CFR part 65, subpart M?

    We are providing a summary of the cost impacts of the proposed 40
CFR part 65, subpart M monitoring requirements in which the expected
impacts will change from the typical monitoring requirements in past
rules, including adsorbers, biofilters, bypasses and reporting
requirements. We do not anticipate other cost impacts that would differ
from those established in current regulations. We provide a summary of
the costs for the proposed monitoring and reporting requirements in
sections VII.C.1 through VII.C.3 of this preamble. Additional
information regarding monitoring costs for closed vent system and
control devices, including small boilers and process heaters,
oxidizers, absorbers, adsorbers, condensers, biofilters, sorbent
injection and fabric filters can be located in the technical
memorandum, Development of Monitoring Cost Estimates for the Proposed
Part 65 Uniform Standards for Control Devices--Subpart M, in Docket ID
No. EPA-HQ-OAR-2010-0868.
1. What are the cost increases associated with adsorber requirements
proposed in 40 CFR part 65, subpart M?
    The proposed monitoring for adsorbers, both regenerative and non-
regenerative, includes some requirements that are new to the typical
chemical sector regulation. Table 16 of this preamble provides a list
of the proposed monitoring provisions for adsorbers that have not been
typically included in previous chemical sector regulations.

 Table 16--Capital and Annualized Costs for Proposed Adsorber Monitoring Requirements in 40 CFR Part 65, Subpart
                                                        M
----------------------------------------------------------------------------------------------------------------
                                                                                Total        Total
                    Control                                   Monitoring                  capital     annualized
                                                                                costs ($)    costs ($)
----------------------------------------------------------------------------------------------------------------
Regenerative Adsorbers........................  Frequency monitor.....................  ...........        5,950
                                                Verification monitoring...............  ...........        5,950
                                                Weekly checks on outlet concentration.        9,200        3,700
                                                Corrective action plan................  ...........        3,400
Non-regenerative Adsorbers....................  Checks on outlet concentration (costs         9,200        3,700
                                                 assume an average of weekly
                                                 monitoring).
----------------------------------------------------------------------------------------------------------------

    As stated previously in section V.B.3 of this preamble, these
monitoring requirements are important to assess whether the adsorbers
are operating properly. It is difficult to estimate emissions
reductions that can be attributed to these additional costs. Other than
the weekly outlet concentration tests, the additional monitoring checks
are designed to check for a situation that can occur, but may not for a
given adsorber. If, for example, the valve sequencing of a regenerative
adsorber is sluggish and the timing is not correct, the emissions
reduced by the adsorber could degrade significantly. The weekly checks
on the outlet concentration and associated corrective action plan for
regenerative adsorbers ensure that degradation of the adsorbent,
fouling or channeling is detected in a timely manner. A period of time
with inadequate adsorbent would significantly reduce the emissions
reductions of the adsorber. Although the degradation of the adsorbent
is an anticipated event, the adsorbent life can vary with actual use;
therefore, a schedule to check the outlet concentration is important to
make sure that the adsorber does not operate with degraded adsorbent
and can control emissions to meet the requirements of the referencing
subpart.
    Few past rules have included provisions for adsorbers regenerated
offsite; therefore, any monitoring for non-regenerative adsorbers is
additional monitoring or new for chemical sector rules. The proposed
monitoring for this type of control, outlet concentration measurement,
is low cost, especially considering that this is the only monitoring
that is necessary for this control.
2. What are the cost increases associated with biofilter requirements
proposed in 40 CFR part 65, subpart M?
    Although the MON requires monitoring the temperature of the
biofilter bed, we are proposing additional monitoring for moisture and
pressure drop. The estimated additional costs for monitoring these
parameters are included in Table 17 of this preamble.

       Table 17--Capital and Annualized Costs for Proposed Biofilter Monitoring Requirements in Subpart M
----------------------------------------------------------------------------------------------------------------
                                                                                Total        Total
                    Control                                   Monitoring                  capital     annualized
                                                                                costs ($)    costs ($)
----------------------------------------------------------------------------------------------------------------
Biofilters....................................  Moisture content......................        5,400        7,100
                                                Pressure drop.........................        6,400        7,400
----------------------------------------------------------------------------------------------------------------

    Although the MON only allows the biofilter as a control option for
batch operations, we are proposing to allow the control option for
emissions from either a batch or continuous operation. To meet the
additional emissions reductions usually associated with continuous
operations, we have added monitoring for moisture and pressure drop to
ensure good performance of the biofilter. The costs for the additional
monitoring are reasonable given the added assurance of good performance
achieved by including this monitoring.
3. What are the cost increases associated with bypass monitoring
requirements proposed in 40 CFR part 65, subpart M?
    Bypass monitoring has been a requirement of closed vent system
provisions in many past regulations. However, PRD needed for safety
purposes, low leg drains, high point bleeds, analyzer vents and open-
ended valves or lines were previously not subject to the bypass line
requirements to have a flow monitor or a car seal on each bypass line
that could divert a vent stream to the atmosphere. Given the recent
Sierra Club v. EPA decision vacating the 40 CFR part 63 General
Provisions' exemption from emission standards during periods of SSM
(see section VI.B.5 of this preamble), these equipment would be subject
to this monitoring when directed to the Uniform Standards from a
referencing subpart. See the discussion under section VII.B of this
preamble.

D. What are the cost impacts associated with the proposed reporting
requirements for the Uniform Standards?

    In our survey of existing regulations for the development of the
Uniform Standards, we determined that many petroleum refineries and
chemical plants are subject to numerous and duplicative recordkeeping
and reporting requirements under various 40 CFR parts 60, 61 and 63
subparts, as well as under the title V program. We have estimated a
total recordkeeping and reporting burden for a typical refinery subject
to current rules of about $106,000, with a burden of approximately
$52,800 for the required reporting. For an example chemical plant, we
have estimated a total recordkeeping and reporting burden of
approximately $66,900 for the current rules, with a burden of about
$16,000 for the current required reporting. In order to reduce burden
to industry, while retaining the reporting requirements needed to
monitor compliance, we are proposing annual periodic reporting for some
reporting elements and we are proposing to accept semiannual reporting
data elements electronically, as discussed in sections II.F and VI.B.7
of this preamble. We anticipate that the proposed reporting
requirements will reduce the burden of reporting for a typical refinery
by 59 percent. This would represent a burden reduction of about $31,400
for reporting burden, and a total burden reduction of 30 percent for a
typical refinery. For a typical chemical plant, we anticipate that the
proposed requirements will reduce the burden of reporting by 42
percent. This would represent a burden reduction of $6,780 per year for
reporting, and would represent a total burden reduction of 10 percent
for a typical chemical plant. However, there will be some burden for a
source to initially set up their facility in the electronic reporting
system. We estimated set up costs for the example refinery and chemical
plant as $5,300 and $2,700, respectively. See technical memorandum,
Comparison of Reporting Burden between Hardcopy Reports Submitted under
Existing Rules and Electronic Reports Submitted for Uniform Standards,
in Docket ID No. EPA-HQ-OAR-2010-0868 for additional information. These
burden reductions are estimates based on two model sources; we will be
refining these estimates and developing estimates associated with all
electronic reporting users. These estimates will be presented in the
preamble for the electronic reporting rule proposal. For a discussion
of the electronic reporting, see section II.F of this preamble.

VIII. Statutory and Executive Order Reviews

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'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under Executive Order 12866 and
Executive Order 13563 (76 FR 3821, January 21, 2011).
    Executive Order 13563 (76 FR 15859, March 22, 2011) directs each
federal agency to ``periodically review its existing significant
regulations to determine whether any such regulations should be
modified, streamlined, expanded, or repealed so as to make the agency's
regulatory program more effective or less burdensome in achieving the
regulatory objectives.'' Through this proposal, the EPA is responding
to Executive Order 13563 by presenting steps to increase the ease and
efficiency of data submittal and improve data accessibility.
    Specifically, the EPA is proposing that owners and operators of
facilities affected by this proposal electronically submit certain
specified compliance reports to the EPA. Electronic data reporting
informs a number of our programs and offers several advantages over
traditional paper reporting. First, electronic reporting provides the
agency easy and routine access to the data needed to review and
evaluate our regulations. This results in fewer future ICR, thereby
saving both industry and the agency time and resources. In addition,
electronic reporting of emissions data will allow the agency to develop
and update emissions factors on a timelier basis. Finally, electronic
reporting informs our compliance program and allows easier
identification of compliance issues.
    Executive Order 13563 requires the EPA to evaluate current
regulatory decisions to help generate a more transparent review
process. We believe that, through this proposal, electronic reporting
and data collection will provide a more effective and less burdensome
approach to recordkeeping

and reporting and is consistent with Executive Order 13563. The EPA
prepared an additional analysis of the potential costs and benefits
associated with this action. This analysis is contained in section VII
of this preamble.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
Burden is defined at 5 CFR 1320.3(b). The proposed Uniform Standards
only provide thresholds, emissions reductions requirements, control
options, testing, monitoring, recordkeeping and reporting requirements
that would become applicable to a particular source category only if,
and when, a future rulemaking for that source category references the
Uniform Standards. The information collection burden of the Uniform
Standards on a given source category cannot be determined until the
Uniform Standards are referenced in a future rulemaking. Upon proposal
of a rule that references the Uniform Standards, a determination of the
burden estimate and an assessment for costs, economic impacts and other
impacts, as appropriate, would be conducted.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed action on
small entities, small entity is defined as: (1) A small business, as
defined by the Small Business Administration regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise that is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not directly impose any requirements on any
entities, including small entities. There are no entities subject to
this proposed rule unless and until the Uniform Standards are
referenced in future rulemakings for particular source categories. We
continue to be interested in the potential impacts of the proposed rule
on small entities and welcome comments on issues related to such
impacts.

D. Unfunded Mandates Reform Act

    This action contains no federal mandates under the provisions of
title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local or tribal governments or the private sector.
This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local and tribal
governments, in the aggregate, or the private sector in any one year.
The Uniform Standards will not apply to any source category until
future rulemakings under 40 CFR part 60, 61 or 63 reference their use.
Thus, this rule is not subject to the requirements of sections 202 or
205 of UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. Upon proposal of a
rule that references the Uniform Standards, consideration will be made
whether that rule exceeds $100 million or more for state, local and
tribal governments or presents a significant impact on small government
entities.

E. Executive Order 13132: Federalism

    This proposed rule 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,
as specified in Executive Order 13132. The Uniform Standards will not
apply to any source category until a future rulemaking under 40 CFR
part 60, 61 or 63 references their use; therefore, the proposed Uniform
Standards do not impose substantial direct compliance costs on state or
local governments. Thus, Executive Order 13132 does not apply to this
proposed rule. Upon proposal of a rule that references the Uniform
Standards, consideration will be made whether that rule has federalism
implications. In the spirit of Executive Order 13132, and consistent
with EPA policy to promote communications between the EPA and state and
local governments, the EPA specifically solicits comment on this
proposed rule from state and local officials.

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

    This proposed rule does not have tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not
have substantial direct effects on tribal governments, on the
relationship between the federal government and Indian tribes or on the
distribution of power and responsibilities between the federal
government and Indian tribes, as specified in Executive Order 13175.
The proposed Uniform Standards do not directly impose requirements on
owners and operators of specified sources or tribal governments, but
will be referred to in future rulemakings, as discussed in section II
of this preamble. If any industries that are owned or operated by
tribal governments may be referenced to the Uniform Standards by
another subpart in the future, the effect of this proposed rule on
communities of tribal governments would not be unique or
disproportionate to the effect on other communities. Thus, Executive
Order 13175 does not apply to this proposed rule. The EPA specifically
solicits additional comment on this proposed rule from tribal
officials.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to EO 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.

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

    The proposed rule is not a ``significant energy action'' as defined
in Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy. The proposed Uniform Standards provide testing,
monitoring, recordkeeping and reporting requirements only and do not
specify applicability thresholds or emissions reduction performance
requirements

that would have significant adverse energy impacts. The energy impacts
of the proposed Uniform Standards would be determined when the
standards are referenced in a future rulemaking. Therefore, we conclude
that the proposed rule, when implemented, is not likely to have a
significant adverse effect on the supply, distribution or use of
energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) Public Law 104-113, (15 U.S.C. 272 note) directs
the EPA to use voluntary consensus standards (VCS) in its regulatory
activities, unless to do so would be inconsistent with applicable law
or otherwise impractical. VCS are technical standards (e.g., materials
specifications, test methods, sampling procedures and business
practices) that are developed or adopted by VCS bodies. NTTAA directs
the EPA to provide Congress, through the Office of Management and
Budget, explanations when the agency decides not to use available and
applicable VCS. This proposed rulemaking involves technical standards.
The EPA cites the following standards: Methods 1, 1A, 2, 2A, 2C, 2D,
2F, 2G, 3, 3A, 3B, 4, 5, 18, 21, 22, 23, 25A, 26, 26A, 27, 29, 201A,
202, 301 and 320 of 40 CFR part 60, appendix A. Consistent with the
NTTAA, the EPA conducted searches to identify VCS in addition to these
EPA methods. No applicable VCS were identified for EPA Methods 1A, 2A,
2D, 2F, 2G, 21, 22, 27, 201A or 202. The search and review results are
in the docket for this rule. The search identified six VCS as
acceptable alternatives to EPA test methods for the purpose of this
rule. The method, ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses
(incorporated by reference-see proposed 40 CFR 65.265), is cited in
this rule for its manual method for measuring the oxygen, carbon
dioxide and carbon monoxide content of the exhaust gas. This part of
ASME PTC 19.10-1981 is an acceptable alternative to EPA Methods 3A and
3B for the manual procedures only, and not the instrumental procedures.
The VCS, ASTM D6420-99 (2010), Standard Test Method for Determination
of Gaseous Organic Compounds by Direct Interface Gas Chromatography-
Mass Spectrometry (incorporated by reference-see proposed 40 CFR
65.265), was designated an acceptable alternative to EPA Method 18.
Likewise, the VCS, National Institute for Occupational Safety and
Health (NIOSH) Method 2010 ``Amines, Aliphatic, is acceptable as an
alternative for EPA Method 18 only for trimethylamine (CAS 121-44-8) at
iron foundries.
    The VCS, ASTM D6735-01, Standard Test Method for Measurement of
Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust Source
Impinger Method, is acceptable as an alternative to EPA Methods 26 and
26A. The VCS, ASTM D6784-2, Standard Test Method for Elemental,
Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-
Fired Stationary Sources (Ontario Hydro Method), is acceptable as an
alternative to EPA Method 29 for mercury only. The VCS, ASTM D6348-03
(2010), Determination of Gaseous Compounds by Extractive Direct
Interface Fourier Transform (FTIR) Spectroscopy, is acceptable as an
alternative to EPA Method 320, in accordance with the conditions
outlined in the memorandum, Voluntary Consensus Standard Results for
National Uniform Standards for Storage Vessels and Transfer Operations
(40 CFR 65 Subpart I), National Uniform Emission Standards for
Equipment Leaks (40 CFR 65 Subpart J), and National Uniform Emission
Standards for Control Devices (40 CFR Subpart M) (see Docket ID. No.
EPA-HQ-OAR-2010-0868).
    The search for emissions measurement procedures identified 23 other
VCS that were potentially applicable for the Uniform Standards in lieu
of EPA reference methods. The EPA determined that these 23 standards
identified for measuring emissions of the regulated pollutants or their
surrogates subject to emission standards in this proposed rule were
impractical due to lack of equivalency, documentation, validation data
and other important technical and policy considerations. Therefore, the
EPA does not intend to adopt these standards for this purpose. The
reasons for the determinations for the 23 methods are in the docket for
this proposed rule. For the methods required or referenced by the
proposed rules, a source may apply to the EPA for permission to use
alternative test methods or alternative monitoring requirements in
place of any required testing methods, performance specifications or
procedures, as specified in proposed 40 CFR part 65, subpart H.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
    The EPA has concluded that it is not practicable to determine
whether there would be disproportionately high and adverse human health
or environmental effects on minority and/or low income populations from
this proposed rule. The proposed Uniform Standards only provide
thresholds, emissions reduction requirements and operational, testing,
monitoring, recordkeeping and reporting requirements, and are not
applicable until referenced by a future rulemaking for a particular
source category. The impact of the proposed rule on minority and/or
low-income populations would be determined during proposal in future
rulemakings that reference the Uniform Standards.

List of Subjects in 40 CFR part 65

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

    Dated: February 24, 2012.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

PART 65--[AMENDED]

    1. The authority citation for part 65 continues to read as follows:

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

    2. Replace subpart H to read as follows:
Sec.
Subpart H--National Uniform Emission Standards General Provisions

What This Subpart Covers

65.200 What is the purpose of this subpart?
65.205 Am I subject to this subpart?
65.206 When must I comply with this subpart?

General Requirements

65.210 Am I subject to the General Provisions for part 60, 61 or 63
of this part?
65.215 What are my general requirements for complying with operation
and maintenance requirements?
65.220 What are my general recordkeeping requirements?

65.225 What are my general reporting requirements?
65.235 How do I request a waiver for recordkeeping and reporting
requirements?
65.240 How do I request an alternative monitoring method?
65.245 How do I request a waiver for performance testing
requirements?
65.250 How do I request to use an alternative test method?
65.260 What are the procedures for approval of alternative means of
emission limitation?
65.265 What methods are incorporated by reference for the Uniform
Standards?
65.270 How do I determine what regulated sources are in regulated
material service?

Other Requirements and Information

65.275 What authorities are not delegated to the states?
65.280 How do I determine compliance with periodic requirements?
65.295 What definitions apply to the Uniform Standards?

Table to Subpart H of Part 65

Table 1 to Subpart H of Part 65--Applicable 40 CFR Parts 60, 61 and
63 General Provisions

Subpart H--National Uniform Emission Standards General Provisions

What This Subpart Covers

Sec.  65.200  What is the purpose of this subpart?

    The purpose of this subpart is to provide general provisions for
the Uniform Standards of this part. These general provisions apply to
you if a subpart of part 60, 61 or 63 of this chapter references the
use of this subpart. The general provisions applicable to the
referencing subpart (subpart A of part 60, 61 or 63) apply to this
subpart, as specified in Sec.  65.210. Section 65.295 contains
definitions of ``uniform standards'' and ``referencing subpart,'' as
well as other terms used in these Uniform Standards. The General
Provisions for the Consolidated Federal Air Rule (subpart A of this
part) do not apply to the Uniform Standards.

Sec.  65.205  Am I subject to this subpart?

    You are subject to this subpart if you are an owner or operator who
is subject to a referencing subpart and you have been expressly
directed to comply with the uniform standards by a referencing subpart.

Sec.  65.206  When must I comply with this subpart?

    You must comply with this subpart by the date specified in the
referencing subpart that directed you to comply with this subpart.

General Requirements

Sec.  65.210  Am I subject to the General Provisions for part 60, 61 or
63 of this part?

    You must comply with the provisions of 40 CFR part 60, subpart A;
40 CFR part 61, subpart A; and 40 CFR part 63, subpart A, as
applicable, that are specified in Table 1 to this subpart. Table 1 to
this subpart specifies the provisions in 40 CFR part 60, subpart A; 40
CFR part 61, subpart A; and 40 CFR part 63, subpart A that continue to
apply to owners or operators of regulated sources expressly referenced
to the Uniform Standards. You must comply with the provisions in Table
1 to this subpart that correspond to the referencing part. All
provisions of 40 CFR part 60, subpart A; 40 CFR part 61, subpart A; and
40 CFR part 63, subpart A that are not expressly referenced in Table 1
to this subpart do not apply, and the provisions of the Uniform
Standards apply instead, except that provisions that were required to
be met prior to implementation of the Uniform Standards still apply.

Sec.  65.215  What are my general requirements for complying with
operation and maintenance requirements?

    (a) Operation and maintenance requirements. You are subject to the
operation and maintenance provisions specified in paragraphs (a)(1)
through (3) of this section.
    (1) At all times, you must operate and maintain any regulated
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.
    (2) The emission standards and established parameter ranges of the
referencing subpart and of the Uniform Standards apply at all times,
except during periods of non-operation of the regulated source (or
specific portion thereof), as specified in paragraphs (a)(2)(i) and
(ii) of this section. However, if a period of non-operation of one
portion of a regulated source does not affect the ability of a
particular emission point to comply with the specific provisions to
which it is subject, then that emission point must comply with the
applicable provisions of the Uniform Standards during the period of
non-operation. For example, the degassing of a storage vessel would not
affect the ability of a process vent to meet the requirements of
subpart M of this part.
    (i) For all Uniform Standards except subpart J of this part,
periods of non-operation of the regulated source (or specific portion
thereof) are those periods resulting in cessation of the emissions to
which the Uniform Standards apply.
    (ii) For subpart J of this part, periods of non-operation of the
regulated source (or specific portion thereof) are those periods in
which the lines are drained and depressurized, resulting in cessation
of the emissions to which subpart J of this part applies.
    (3) Operation and maintenance requirements are enforceable
independent of emissions limitations or other requirements in relevant
standards.
    (b) Compliance determination procedures. The Administrator will
follow the compliance determination procedures specified in paragraphs
(b)(1) through (4) of this section.
    (1) Compliance with operating conditions. For emission points that
are required to perform continuous parameter monitoring, the
Administrator will determine compliance with the required operating
conditions for the monitored control devices by using operating
parameter monitoring data.
    (2) Compliance with the requirement to maintain any regulated
source in a manner consistent with safety and good air pollution
control practices for minimizing emissions. The Administrator will
determine compliance with the requirements in paragraph (a)(1) of this
section by evaluation of your use of acceptable operation and
maintenance procedures. This determination will be based on information
available to the Administrator that may include, but is not limited to,
monitoring results, review of operation and maintenance procedures,
review of operation and maintenance records, inspection of the
regulated source and alternatives approved as specified in Sec.
65.240.
    (3) Compliance with emissions standards. Paragraphs (b)(3)(i) and
(ii) of this section govern the use of data, tests and requirements to
determine compliance with emissions standards.
    (i) Performance test. The Administrator will determine compliance
with emission standards of the referencing subpart and the Uniform
Standards, based on the results of performance tests conducted
according to the procedures specified in subpart M of this part, as
applicable, unless otherwise specified in the Uniform Standards.
    (ii) Operation and maintenance requirements. The Administrator will
determine compliance with emission standards of the Uniform Standards
by evaluation of your conformance with operation and maintenance
requirements, including the evaluation

of monitoring data, as specified in the Uniform Standards.
    (4) Design, equipment, work practice or operational standards. The
Administrator will determine compliance with design, equipment, work
practice or operational standards by the procedures specified in
paragraphs (b)(4)(i) and (ii) of this section.
    (i) Review of records, inspection of the regulated source and other
procedures specified in the Uniform Standards.
    (ii) Evaluation of your conformance with operation and maintenance
requirements, as specified in paragraph (a) of this section and in the
Uniform Standards.
    (c) Finding of compliance. The Administrator will make a finding
concerning a regulated source's compliance with an emission standard,
design standard, work practice, operational standard or general duty
requirement to maintain any regulated source in a manner consistent
with safety and good air pollution control practices for minimizing
emissions, as specified in paragraphs (a) and (b) of this section, upon
obtaining all the compliance information required by the relevant
standard (including the reports of performance test results, monitoring
results and other information, if applicable), and information
available to the Administrator, pursuant to paragraph (b) of this
section.

Sec.  65.220  What are my general recordkeeping requirements?

    (a) Maintaining notifications, records and reports. You must keep
copies of notifications, reports and records required by this part for
at least 5 years, except for records that reflect current operating
conditions. These records and reports must be kept for 5 years after
they no longer reflect current operating conditions. Examples of these
records and reports include the regenerative adsorber corrective action
plan required by Sec.  65.742(e) or storage vessel capacity required by
Sec.  65.380(a).
    (b) Availability of records. You must maintain all applicable
records in such a manner that they can be readily accessed and are
suitable for inspection within 2 hours after a request. Records may be
maintained in hard copy or computer-readable form, including, but not
limited to, on paper, computer disk, CD/DVD or magnetic tape.

Sec.  65.225  What are my general reporting requirements?

    (a) Required notifications and reports. You must submit the
notifications and reports specified in paragraphs (a)(1) through (4) of
this section, as applicable. The notifications and reports specified in
paragraphs (a)(1) through (4) of this section must meet the
requirements in paragraphs (g) through (j) of this section.
    (1) A Notification of Compliance Status described in paragraph (c)
of this section.
    (2) Semiannual periodic reports, as described in paragraph (d) of
this section.
    (3) Annual periodic reports, as described in paragraph (e) of this
section.
    (4) Other notifications and reports, as described in paragraph (f)
of this section.
    (b) Responsible official. For Notification of Compliance Status
Reports, semi-annual reports, annual periodic reports, performance test
reports and continuous emission monitoring system (CEMS) performance
evaluation data, you must include the name, title and signature of the
responsible official who is certifying the accuracy of the report and
attesting to whether the source has complied with the relevant
standard.
    (c) Notification of Compliance Status. You must submit your
Notification of Compliance Status, as specified in paragraphs (c)(1)
and (2) of this section. The Notification of Compliance Status for
subparts I and J of this part must be submitted electronically, as
specified in paragraph (h) of this section and the Notification of
Compliance Status for subpart M of this part must be submitted, as
specified in paragraph (i) of this section.
    (1) Contents. You must submit a Notification of Compliance Status
for each regulated source subject to the Uniform Standards, containing
the information specified in the applicable subparts of the Uniform
Standards.
    (2) Due date. You must submit the Notification of Compliance Status
for each regulated source within 240 days after the applicable
compliance date specified in the referencing subpart, or within 60 days
after the completion of the initial performance test, whichever is
earlier.
    (d) Semiannual periodic reports. You must submit your periodic
reports, as specified in paragraphs (d)(1) and (2) of this section.
Semiannual reports must be submitted electronically as specified in
paragraph (h) of this section.
    (1) Contents. Semiannual periodic reports must include information
of all deviations. A deviation includes any failure to meet a
requirement or obligation under the Uniform Standards and those
reporting elements specified, to be submitted in the semiannual
periodic reports in the Uniform Standards.
    (2) Due date. Semiannual periodic reports must be submitted
semiannually, no later than 60 calendar days after the end of each 6-
month period. The first report must be submitted, as specified in
either paragraph (d)(2)(i) or (ii) of this section, as applicable.
    (i) The first report must be submitted no later than the last day
of the month that includes the date 8 months after the date the source
became subject to this part or 6 months after the date since the last
part 60, 61 or 63 periodic report was submitted for the applicable
requirement, whichever is earlier.
    (ii) For sources complying with the Uniform Standards at initial
startup, the first report must cover the 6 months after the
Notification of Compliance Status is due. The first report must be
submitted no later than the last day of the month that includes the
date 8 months after the Notification of Compliance Status is due.
    (e) Annual periodic report. You must submit your annual periodic
reports, as specified in paragraphs (e)(1), (2) and (i) of this
section.
    (1) Contents. Annual periodic reports must include all information
specified for annual periodic reports in the Uniform Standards.
    (2) Due date. Annual periodic reports must be submitted annually,
no later than 60 calendar days after the end of each 12-month period.
The first report must be submitted, as specified in either paragraph
(e)(2)(i) or (ii) of this section, as applicable.
    (i) The first report must be submitted no later than the last day
of the month that includes the date 14 months after the date the source
became subject to this part or 12 months after the date since the last
part 60, 61 or 63 periodic report was submitted for the applicable
requirement, whichever is earlier.
    (ii) For sources complying with the Uniform Standards at initial
startup, the first report must cover the 12 months after the
Notification of Compliance Status is due. The first report must be
submitted no later than the last day of the month that includes the
date 14 months after the Notification of Compliance Status is due.
    (f) Other notifications and reports. You must submit the reports
specified in paragraphs (f)(1) through (3), and (i) of this section, as
applicable.
    (1) Other reports required in this subpart. You must submit the
reports specified in paragraphs (f)(1)(i) through (iv) of this section.

    (i) Any request for a waiver for recordkeeping or reporting
requirements, as specified in Sec.  65.235.
    (ii) Any request for an alternative or change in monitoring or an
alternative recordkeeping method, as specified in Sec.  65.240.
    (iii) Any request for a waiver for a performance testing
requirement, as specified in Sec.  65.245.
    (iv) Any request to use a different method than one specified in
the Uniform Standards, as specified in Sec.  65.250.
    (2) Other reports required in subpart I of this part. You must
submit the reports specified in paragraphs (f)(2)(i) through (ii) of
this section.
    (i) Notification of inspection (Sec.  65.388(a)).
    (ii) Requests for alternate devices (Sec.  65.388(b)).
    (3) Other reports required in subpart M of this part. You must
submit the reports specified in paragraphs (f)(3)(i) through (xi) of
this section.
    (i) Notification of performance test (Sec.  65.884(a)).
    (ii) Performance test reports (Sec.  65.884(b)) submitted, as
specified in paragraph (k) of this section.
    (iii) Notification of CEMS performance evaluation (Sec.
65.884(c)).
    (iv) CEMS performance evaluation and monitoring plan (Sec.
65.884(c)).
    (v) CEMS performance evaluations (Sec.  65.884(d)) submitted, as
specified in paragraph (k) of this section.
    (vi) Continuous parameter monitoring system (CPMS) monitoring plan
(Sec.  65.884(e)).
    (vii) Application to substitute a prior performance test (Sec.
65.884(f)).
    (viii) A batch precompliance report (Sec.  65.884(g)).
    (ix) Request for approval of an alternative monitoring parameter or
use of a control device other than those listed in subpart M of this
part (Sec.  65.884(h)).
    (x) Changes in continuous monitoring system, processes or controls
(Sec.  65.884(i)).
    (xi) New operating scenarios for batch operations (Sec.
65.884(j)).
    (g) General report content. All notifications and reports
submitted, pursuant to the Uniform Standards, including reports that
combine information from the Uniform Standards and a referencing
subpart, must include the information specified in paragraphs (g)(1)
through (8) of this section.
    (1) Company name, address and telephone number (fax number may also
be provided).
    (2) The name, address and telephone number of the person to whom
inquiries should be addressed, if different than the owner or operator.
    (3) The address (physical location) of the reporting facility.
    (4) Identification of each regulated source covered in the
submission.
    (5) Identification of which referencing subpart is applicable to
each regulated source.
    (6) Identification of which Uniform Standards are applicable to
that regulated source.
    (7) Summaries and groupings of the information specified in
paragraphs (g)(4) through (6) of this section are permitted.
    (8) The date of the report.
    (h) Electronic report submittals. You must electronically submit
all semiannual periodic reports and the 40 CFR part 65, subpart I and
40 CFR part 65, subpart J portions of the Notification of Compliance
Status to the Administrator using the Compliance and Emissions Data
Reporting Interface (CEDRI) on or before the applicable due date.
    (i) Non-CEDRI submitted reports. You must submit notifications and
reports not required to be submitted electronically according to the
procedures in paragraphs (i)(1) through (4) of this section.
    (1) Notifications and reports not required to be submitted
electronically under this part must be sent to the Administrator at the
appropriate EPA Regional Office, and to the delegated State authority;
except if you request permission to use an alternative means of
emission limitation, as provided for in Sec.  65.260, you must submit
the request to the Director of the Office of Air Quality Planning and
Standards (C404-04), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711. The EPA Regional Office may waive
the requirement to receive a copy of any notification or report at its
discretion.
    (2) If any State requires a notice that contains all the
information required in a notification or report listed in this part,
you may send the appropriate EPA Regional Office a copy of the
notification or report that you sent to the state to satisfy the
requirements of this part for that notification or report.
    (3) Wherever this subpart specifies ``postmark'' dates, submittals
may be sent by methods other than the U.S. Mail (for example, by email,
fax or courier) upon mutual agreement with the Administrator.
Submittals must be sent on or before the specified date.
    (4) If acceptable to both the Administrator and you, notifications
and reports may be submitted on electronic media.
    (j) Adjustment to timing of submittals. Adjustment to timing of
submittals may be made according to the provisions specified in
paragraphs (j)(1) through (4) of this section.
    (1) Alignment with title V submission. You may submit semiannual
periodic reports required by this part, on the same schedule as the
title V periodic report for the facility. If you use this option, you
need not obtain prior approval, but must assure no reporting gaps from
the last semiannual periodic report for the relevant standards. You
must clearly identify the change in reporting schedule in the first
report after the change is made, filed under paragraph (d) of this
section. The requirements of paragraph (g) of this section are not
waived when implementing this change.
    (2) Request for adjustment. You may arrange, by mutual agreement
(which may be a standing agreement) with the Administrator, a common
schedule on which reports required by this part must be submitted
throughout the year, as long as the reporting period is not extended.
If you wish to request a change in a time period or due date for a
particular requirement, you must request the adjustment as soon as
practical before the subject activity is required to take place. You
must include in the request the information you consider to be useful
to convince the Administrator that an adjustment is warranted. A
request for a change to the semiannual or annual periodic reporting
schedules need only be made once for every schedule change and not once
for every semiannual or annual report submitted. Until an adjustment of
a due date has been approved by the Administrator, you remain subject
to the requirements of the Uniform Standards. For periodic reports
submitted for each relevant standard, the allowance for a consolidated
schedule applies beginning 1 year after the regulated source's
compliance date for that standard.
    (3) Approval of request for adjustment. If, in the Administrator's
judgment, your request for an adjustment to a particular due date is
warranted, the Administrator will approve the adjustment. The
Administrator will notify you of approval or disapproval of the request
for an adjustment within 15 calendar days of receiving sufficient
information to evaluate the request.
    (4) Notification of delay. If the Administrator is unable to meet a
specified deadline, you will be notified of any significant delay and
informed of the amended schedule.
    (k) Electronic submittal of performance test and CEMS performance
evaluation data. You must

submit performance test and CEMS performance evaluation data using
EPA's Electronic Reporting Tool (ERT) according to the procedures in
paragraphs (k)(1) through (4) of this section.
    (1) Within 60 days after the date of completing each performance
test required by Uniform Standards, you must submit performance test
data electronically to EPA's Central Data Exchange (CDX) by using the
ERT (see http://www.epa.gov/ttn/chief/ert/index.html). Only data
collected using test methods compatible with ERT are subject to this
requirement, to be submitted electronically to EPA's CDX. If a non-
supported test method is used, you must submit the performance test
report within 60 days, as specified in paragraph (i) of this section.
    (2) If you claim that some of the information being submitted for
performance tests is confidential business information (CBI), you must
omit such CBI data from the electronic submissions and submit a
complete ERT file, including information claimed to be CBI, on a
compact disk or other commonly used electronic storage media
(including, but not limited to, flash drives) to EPA by the due date
specified in paragraph (j)(1) of this section. The electronic media
must be clearly marked as CBI, with the company name, facility
location, contact name and phone number, and mailed to U.S. EPA/OAQPS/
CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old
Page Rd., Durham, NC 27703.
    (3) Within 60 days after the date of completing each CEMS
performance evaluation test required by Sec.  65.711(c), you must
submit the relative accuracy test audit data electronically into EPA's
CDX by using the ERT, as described in paragraph (k)(1) of this section.
    (4) The Administrator or the delegated authority may request a
report in any form suitable for the specific information, (e.g., by
commonly used electronic media, such as spreadsheet, on CD or hard
copy). The Administrator retains the right to require submittal of
reports in paper format.

Sec.  65.235  How do I request a waiver for recordkeeping and reporting
requirements?

    You may request a waiver from recordkeeping or reporting according
to the procedures in paragraphs (a) and (b) of this section. The
Administrator will process the waiver according to the procedures in
paragraphs (c) through (e) of this section. You remain subject to the
reporting and recordkeeping requirements of the Uniform Standards until
a waiver has been granted by the Administrator.
    (a) Waiver application. You may apply for a waiver from
recordkeeping or reporting requirements if your regulated source is
achieving the relevant standard(s), or your source is operating under
an extension of compliance under Sec.  63.6(i) of this chapter, or a
waiver of compliance under Sec.  61.11 of this chapter, or you have
requested an extension or waiver of compliance and the Administrator is
still considering that request.
    (b) Extension of compliance request. If an application for a waiver
of recordkeeping or reporting is made, the application must accompany
the request for an extension of compliance under Sec.  63.6(i) of this
chapter or the request for a waiver of compliance under Sec.  61.10(b)
of this chapter, any required compliance progress report or compliance
status report required in the source's title V permit application, or a
permit modification application or a periodic report required under
this part, whichever is applicable. The application must include
whatever information you consider useful to convince the Administrator
that a waiver of recordkeeping or reporting is warranted.
    (c) Approval or denial of waiver. The Administrator will approve or
deny a request for a waiver of recordkeeping or reporting requirements
when performing one of the following actions:
    (1) Approves or denies an extension of compliance under Sec.
63.6(i) of this chapter or a waiver of compliance under Sec.  61.10(b)
of this chapter.
    (2) Makes a determination of compliance following the submission of
a required semiannual periodic report.
    (3) Makes a determination of suitable progress toward compliance
following the submission of a compliance progress report, whichever is
applicable.
    (d) Waiver conditions. A waiver of any recordkeeping or reporting
requirement granted under this section may be conditioned on other
recordkeeping or reporting requirements deemed necessary by the
Administrator.
    (e) Waiver cancellation. Approval of any waiver granted under this
section does not abrogate the Administrator's authority under the Clean
Air Act or in any way prohibit the Administrator from later canceling
the waiver. The cancellation will be made only after notice is given to
you.

Sec.  65.240  How do I request an alternative monitoring method?

    You may submit a request for approval to use alternatives (major,
intermediate or minor changes to monitoring methods) to the monitoring
provisions of the Uniform Standards, as specified in paragraphs (a)
through (d) of this section.
    (a) Contents. An application for alternative monitoring must
contain the information specified in paragraphs (a)(1) through (3) of
this section.
    (1) Information justifying your request for an alternative
monitoring method, such as the technical or economic infeasibility, or
the impracticality of the regulated source using the required method.
    (2) A description of the proposed alternative monitoring system
that addresses the four elements contained in the definition of
monitoring in Sec.  65.295.
    (3) A CEMS performance evaluation and monitoring plan, as specified
in Sec.  65.711(c) or a CPMS monitoring plan, as specified in Sec.
65.712(c), as applicable.
    (b) Request due date. You must submit the application for an
alternative monitoring method, as specified in paragraphs (b)(1)
through (3) of this section.
    (1) You may submit the application at any time, provided that it is
submitted with enough time prior to the compliance date specified in
the referencing subpart to ensure a timely review by the Administrator
in order to conduct the alternative monitoring method after the
compliance date.
    (2) If the alternative monitoring procedure will serve as the
performance test method that is to be used to demonstrate compliance
with a referencing subpart, the application must be submitted at least
60 days before the performance test is scheduled to begin and must meet
the requirements for an alternative test method under Sec.  65.250.
    (3) For a request to make a minor change to monitoring, you must
submit your request with your CEMS performance evaluation and
monitoring plan required in Sec.  65.711(c) or your CPMS monitoring
plan required in Sec.  65.712(c), as applicable. Approval of the plan
will constitute approval of the minor change.
    (c) Approval or denial of request to use alternative monitoring.
The Administrator will notify you of approval or intention to deny
approval of the request to use an alternative monitoring method within
30 calendar days after receipt of the original request and within 30
calendar days after receipt of any supplementary information that is
submitted. Before disapproving any request to use an alternative
method, the Administrator will notify the applicant of the
Administrator's intention to disapprove

the request together with the information specified in paragraphs
(c)(1) and (2) of this section.
    (1) Notice of the information, and findings on which the intended
disapproval is based.
    (2) Notice of opportunity for you to present additional information
to the Administrator before final action on the request. At the time
the Administrator notifies you of the intention to disapprove the
request, the Administrator will specify how much time you will have
after being notified of the intended disapproval to submit the
additional information.
    (d) Use of an alternative monitoring method. Procedures applicable
to sources that have requested an alternative monitoring method are
specified in paragraphs (d)(1) through (3) of this section.
    (1) You are subject to the monitoring requirements of the Uniform
Standards, unless permission to use an alternative monitoring method
has been granted by the Administrator. Once an alternative is approved,
you must use the alternative for the emission points or regulated
sources cited in the approval, and must meet the monitoring
requirements of the Uniform Standards for all other emission points or
regulated sources.
    (2) If the Administrator approves the use of an alternative
monitoring method for a regulated source, you must continue to use the
alternative monitoring or method unless you receive approval from the
Administrator to use another method.
    (3) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative monitoring method, requirement or
procedure, the Administrator may require the use of a method,
requirement or procedure specified in the Uniform Standards. If the
results of the specified and alternative methods, requirements or
procedures do not agree, the results obtained by the method,
requirement or procedure specified in the Uniform Standards will
prevail.

Sec.  65.245  How do I request a waiver for performance testing
requirements?

    You may request a waiver from the requirements to conduct a
performance test by following the procedures specified in paragraphs
(a) through (e) of this section. Unless and until a waiver of a
performance testing requirement has been granted by the Administrator
under this paragraph, you remain subject to the performance testing
requirements in Sec. Sec.  65.820 through 65.829.
    (a) Conditions of request. You may apply for a waiver from the
performance testing requirements specified if one or more of the
conditions in paragraph (a)(1) through (3) apply.
    (1) You are meeting the Uniform Standards on a continuous basis.
    (2) You are operating under an extension of compliance, as
specified in Sec.  63.6(i) of this chapter.
    (3) You have requested an extension of compliance, as specified in
Sec.  61.11 and the Administrator is still considering that request.
    (b) Contents of request. The request must include information
justifying your request for a waiver, such as the technical or economic
infeasibility, or the impracticality of the regulated source performing
the required test.
    (c) Timing of request. The waiver application must be submitted, as
specified in paragraph (c)(1) or (2) of this section.
    (1) If you request an extension of compliance under Sec.  63.6(i)
of this chapter, the application for a waiver of an initial performance
test must accompany the information required for the request for an
extension of compliance, and must be submitted on the schedule in Sec.
63.6(i) of this chapter.
    (2) If you have not requested an extension of compliance or if you
have requested an extension of compliance and the Administrator is
still considering that request, the application for a waiver of a
performance test must be submitted at least 60 days before performance
testing would be required. The application may accompany a Notification
of Compliance Status Report or semiannual periodic report, as specified
in Sec.  65.225(c) or (d).
    (d) Approval of request to waive performance test. The
Administrator will approve or deny a request for a waiver of a
performance test made under paragraph (a) of this section by completing
any one of the actions specified in paragraphs (d)(1) through (4) of
this section.
    (1) Approves or denies an extension of compliance under Sec.
63.6(i)(8) or under Sec.  63.11.
    (2) Approves or disapproves a performance test plan under Sec.
65.820(c).
    (3) Makes a determination of compliance following the submission of
a required compliance status report or periodic report.
    (4) Makes a determination of suitable progress towards compliance
following the submission of a compliance progress report.
    (e) Waiver cancellation. Approval of any waiver granted under this
section does not abrogate the Administrator's authority under the Clean
Air Act or in any way prohibit the Administrator from later canceling
the waiver. The cancellation will be made only after notice is given to
you.

Sec.  65.250  How do I request to use an alternative test method?

    You may submit a request for approval to use an alternative test
method (i.e., major, intermediate or minor change to a test method, or
an EPA test method other than one in the Uniform Standards), as
described in paragraphs (a) through (d) of this section.
    (a) Contents of request. Except as specified in paragraph (a)(3) of
this section, you must include the information specified in paragraphs
(a)(1) and (2) of this section in the request for approval to use an
alternative test method.
    (1) A justification for using the proposed alternative method
instead of using the method specified in the Uniform Standards.
    (2) Results of applying Method 301 at 40 CFR part 63, appendix A of
this part to validate the alternative test method. This may include the
use of only specific procedures of EPA Method 301, if use of such
procedures are sufficient to validate the alternative test method.
    (3) For minor changes to a test method and for EPA test methods
other than those specified in the Uniform Standards, Method 301 at 40
CFR part 63, appendix A of this part is not required to validate the
test method.
    (b) Timing of request. You must submit the request to use an
alternative test method at least 60 days before the performance test is
scheduled to begin. However, you may submit the request well in advance
of the date 60 days before the performance test is scheduled to begin
to ensure a timely review by the Administrator in order for you to meet
the performance test date specified in the referencing subpart. This
request may be submitted as part of the performance test plan required
by Sec.  65.820.
    (c) Review of alternative test methods. The Administrator will
determine whether your validation of the proposed alternative test
method is adequate and issue an approval or disapproval. If the request
for approval of an alternative test method is submitted with the
performance test plan, approval of the performance test plan will
indicate approval of the alternative test method. The procedure for
test plan approval is specified in Sec.  65.820.
    (d) Use of alternative test method. You must follow the provisions
of paragraphs (d)(1) through (4) regarding the use of alternative test
methods.

    (1) If you have not received notification of approval/disapproval
within 45 days after submission of the request to use an alternative
method and the request satisfies the requirements in paragraphs (a) and
(b) of this section, you may conduct the performance test using the
alternative method.
    (2) If you use an alternative test method for a regulated source
during a required performance test, you must continue to use the
alternative test method for subsequent performance tests at that
regulated source until you receive approval from the Administrator to
use another test method, as allowed under this section.
    (3) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative test method for the purposes of
demonstrating compliance with a relevant standard, the Administrator
may require the use of a test method specified in the Uniform
Standards.
    (4) Neither the validation and approval process nor the failure to
validate an alternative test method abrogates your responsibility to
comply with the requirements of the Uniform Standards.

Sec.  65.260  What are the procedures for approval of alternative means
of emission limitation?

    (a) General procedures. You may request a determination of
equivalence for an alternative means of emission limitation to the
requirements of design, equipment, work practice or operational
standards of the Uniform Standards. If, in the judgment of the
Administrator, an alternative means of emission limitation will achieve
a reduction in regulated material emissions at least equivalent to the
reduction in emissions from that source achieved under any design,
equipment, work practice or operational standards (but not performance
standards) in the Uniform Standards, the Administrator will publish in
the Federal Register, a notice permitting the use of the alternative
means for purposes of compliance with that requirement. Such notice
will restrict the permission to the stationary source(s) or
category(ies) of sources from which the alternative emission standard
will achieve equivalent emission reductions.
    (1) The notice may provide permission on the condition that the
alternative means of emission limitation must include requirements to
assure the proper operation and maintenance of equipment and practices
that would be required for compliance with the alternative emission
standard, including appropriate quality assurance and quality control
requirements that are deemed necessary.
    (2) Any such notice will be published only after public notice and
an opportunity for a hearing.
    (3) A manufacturer of control devices or monitoring equipment may
request an alternative means of emission limitation approval for their
product.
    (b) Contents of submittal. You must include the information
specified in paragraphs (b)(1) through (4) of this section in your
request for alternative means of emission limitation, as applicable.
    (1) In order to obtain approval, any person seeking permission to
use an alternative means of emission limitation under this section must
collect, verify and submit to the Administrator information showing
that the alternative means achieves equivalent emission reductions. If
you seek permission to use an alternative means of emission limitation
and you have not previously performed testing, you must also submit the
proposed performance test plan required in Sec.  65.820(b). If you seek
permission to use an alternative means of emission limitation, based on
previously performed testing, you must submit the results of that
testing, a description of the procedures followed in testing or
monitoring and a description of pertinent conditions during testing or
monitoring.
    (2) If you request an alternative means of emission limitation, you
must submit a description of the proposed testing, monitoring,
recordkeeping and reporting that you will use and the proposed basis
for demonstrating compliance.
    (3) Any testing or monitoring conducted to request permission to
use an alternative emission standard must be appropriately quality
assured and quality controlled, as specified in Sec.  65.820(b), as
applicable.
    (4) If you request the use of an alternate device for a fitting on
a floating roof, as described in Sec.  65.315(e), you must submit an
application, including emissions test results and an analysis
demonstrating that the alternate device has an emission factor that is
less than or equal to the emission factor for the device specified in
Sec.  65.315(a). The test results must include all documentation
required by the applicable test methods and documentation of monitoring
during the performance test of any operating parameters on which you
establish limits. The tests must be conducted using full-size or scale-
model storage vessels that accurately collect and measure all regulated
material emissions using a given control technique, and that accurately
simulate wind and account for other emission variables, such as
temperature and barometric pressure, or an engineering analysis that
the Administrator determines is an accurate method of determining
equivalence.
    (c) Compliance. If the Administrator makes a determination that a
means of emission limitation is a permissible alternative to the
requirements of design, equipment, work practice or operational
standards of the Uniform Standards, you must either comply with the
alternative or comply with the requirements of the Uniform Standards,
as applicable.

Sec.  65.265  What methods are incorporated by reference for the
Uniform Standards?

    The materials listed in this section are incorporated by reference
in the corresponding sections of the Uniform Standards. These
incorporations by reference were approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
These materials are incorporated as they exist on the date of the
approval, and notice of any change in these materials will be published
in the Federal Register. The materials are available for purchase at
the corresponding addresses noted in this section, and all are
available for inspection at the National Archives and Records
Administration (NARA), at the Air and Radiation Docket and Information
Center, U.S. EPA, EPA West Building, Room 3334, 1301 Constitution Ave.
NW., Washington, DC, and at the EPA Library, 109 T.W. Alexander Drive,
Room C261, U.S. EPA, Research Triangle Park, North Carolina. For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (a) The following materials are available for purchase from the
National Technical Information Service (NTIS), 5285 Port Royal Road,
Springfield, VA 22161,<PHONE_NUMBER> or<PHONE_NUMBER>; or for
purchase from the Superintendent of Documents, U.S. Government Printing
Office, Washington, DC 20402,<PHONE_NUMBER>.
    (1) Office of Air Quality Planning and Standards (OAQPS), Fabric
Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997
(EPA-454/R-98-015).
    (2) Emissions Inventory Improvement Program, Volume II: Chapter 16,
Methods for Estimating Air Emissions from Chemical Manufacturing
Facilities, August 2007, Final, (EPA EIIP Volume II: Chapter 16) http:/
/www.epa.gov/

ttnchie1/eiip/techreport/volume02/index.html.
    (3) Test Method for Vapor Pressure of Reactive Organic Compounds in
Heavy Crude Oil Using Gas Chromatography, http://yosemite.epa.gov/R9/R9Testmethod.nsf.
    (b) The following materials are available for purchase from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
Pennsylvania 19428-2959,<PHONE_NUMBER>, http://www.astm.org.
    (1) ASTM D6420-99(2010), Standard Test Method for Determination of
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry.
    (2) ASTM D1946-90(2006), Standard Practice for Analysis of Reformed
Gas by Gas Chromatography.
    (3) ASTM D4809-09a, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method).
    (4) ASTM D2879-95(2011), Standard Test Method for Hydrocarbon Types
in Low Olefinic Gasoline by Mass Spectrometry.
    (c) The following materials are available for purchase from ASME,
Information Central Orders/Inquiries, P.O. Box 2300, Fairfield, New
Jersey 07007-2300,<PHONE_NUMBER>, http://www.asme.org.
    (1) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus].
    (2) ASME B31.3-2010, Process Piping.
    (d) The following materials are available for purchase from the
National Technical Information Service (NTIS), Alexandria, Virginia
22312,<PHONE_NUMBER>, http://www.ntis.gov.
    (1) Flammability Characteristics of Combustible Gases and Vapors,
Zabetakis, M.G., U.S. Bureau of Mines, Bulletin 627, 1965.
    (2) [Reserved].
    (e) The following materials are available for purchase from the
American Petroleum Institute (API), 1220 L Street NW., Washington, DC
20005-4070,<PHONE_NUMBER>, http://www.api.org.
    (1) Evaporative Loss From External Floating Roof Tanks, API MPMS
Chapter 19.2, September 1, 2003.
    (2) [Reserved].

Sec.  65.270  How do I determine what regulated sources are in
regulated material service?

    If you are subject to a uniform standard that includes requirements
for regulated sources ``in regulated material service,'' you must
determine if regulated sources or equipment are in regulated material
service using either paragraph (a) or (b) of this section, as
applicable.
    (a) If the referencing subpart includes a procedure or definition
of ``in regulated material service,'' you must use the procedure or
definition of ``in regulated material service'' in the referencing
subpart.
    (b) If the referencing subpart does not include a procedure or
definition of ``in regulated material service,'' you must use the
procedures specified in paragraphs (b)(1) through (3) of this section.
    (1) Regulated sources or equipment that can reasonably be expected
to be in regulated material service are presumed to be in regulated
material service unless you demonstrate that the regulated sources or
equipment are not in regulated material service.
    (2) Except as provided in paragraph (b)(1) and (3) of this section,
you must use Method 18 of 40 CFR part 60, appendix A-6 and either of
the methods specified in paragraphs (b)(2)(i) or (ii) of this section
to demonstrate that regulated sources or equipment are not in regulated
material service.
    (i) Determine the weight percent regulated material content of the
process fluid that is contained in or contacts the regulated source as
the arithmetic sum of the weight percent concentration of each compound
defined as regulated material. Demonstrate that the regulated material
concentration is less than 5 weight percent on an annual average basis.
    (ii) Demonstrate that the non-regulated material content exceeds 95
percent by weight on an annual average basis.
    (3) You may use good engineering judgment rather than the
procedures in paragraph (b)(1) or (2) of this section to determine if
regulated sources or equipment are not in regulated material service.
However, when you and the Administrator do not agree on whether the
regulated sources or equipment are in regulated material service, you
must use the procedures in paragraph (b)(2) of this section to resolve
the disagreement.

Sec.  65.275  What authorities are not delegated to the states?

    In delegating implementation and enforcement authority to a state
under sections 111(c) and 112(l) of the Clean Air Act, the following
authorities are retained by the Administrator and not transferred to a
state:
    (a) In Sec.  65.235, request for recordkeeping and reporting
waiver.
    (b) In Sec.  65.240, major changes to monitoring methods.
    (c) In Sec.  65.250, major changes to test methods or a different
EPA method than one specified in the Uniform Standards.
    (d) In 65.260, alternative means of emissions limitation.

Sec.  65.280  How do I determine compliance with periodic requirements?

    Except as specified in paragraph (c) of this section, if you are
subject to a requirement in the Uniform Standards to complete a
particular task on a periodic basis, you must comply, as described in
paragraphs (a) and (b) of this section.
    (a) Periods of time. All terms in the Uniform Standards that define
a period of time for completion of required tasks (e.g., daily, weekly,
monthly, quarterly, annually), refer to the standard calendar periods.
    (b) Reasonable intervals. You may comply with such periodic
requirements by completing the required task any time within the
standard calendar period, provided there is a reasonable interval
between completion of two instances of the same task. Reasonable
intervals are described in paragraphs (b)(1) through (8) of this
section.
    (1) Tasks that you are required to complete weekly must be
separated by at least 3 calendar days.
    (2) Tasks that you are required to complete monthly must be
separated by at least 14 calendar days.
    (3) Tasks that you are required to complete bimonthly (i.e., every
2 calendar months) must be separated by at least 20 calendar days.
    (4) Tasks that you are required to complete quarterly must be
separated by at least 30 calendar days.
    (5) Tasks that you are required to complete three times per year
must be separated by at least 40 calendar days.
    (6) Tasks that you are required to complete semiannually (i.e.,
once every 2 quarters or twice per year) must be separated by at least
60 calendar days.
    (7) Tasks that you are required to complete annually must be
separated by at least 120 calendar days.
    (8) Tasks that you are required to complete biennially (i.e., once
every 2 calendar years) must be completed every other calendar year.
    (c) Exceptions. (1) Paragraphs (a) and (b) of this section do not
apply to reports that you are required to submit under the General
Provisions applicable to the referencing subpart (e.g., subpart A parts
60, 61 or 63).
    (2) If the paragraph in the Uniform Standards that imposes a
periodic requirement specifies a different schedule for complying with
that requirement, you must follow that

schedule instead of the requirements in paragraphs (a) and (b) of this
section.
    (3) Time periods may be changed by mutual agreement between you and
the Administrator, as specified in Sec.  65.225(j). For example, a
period could begin on the compliance date or another date, rather than
on the first day of the standard calendar period. For each time period
that is changed by agreement, the revised period applies until it is
changed. A new request is not necessary for each recurring period.
    (4) Nothing in paragraphs (a) and (b) of this section shall be
construed as prohibiting you from conducting a periodic task at a more
frequent interval than required.

Sec.  65.295  What definitions apply to the Uniform Standards?

    All terms used in the Uniform Standards have the meaning given them
in the Clean Air Act, the referencing subpart and in this section. The
definition in the referencing subpart takes precedence.
    Alternative test method means any method of sampling and analyzing
for an air pollutant other than a test method specified in the Uniform
Standards. An alternative test method can include other EPA test
methods that are not specified by the Uniform Standards; methods other
than EPA test methods; or changes to test methods (i.e., minor,
intermediate or major changes to test methods). For methods other than
EPA standard test methods and changes other than minor changes to test
methods, you must demonstrate to the Administrator's satisfaction using
Method 301 at 40 CFR part 63, appendix A, that an alternative test
method produces results adequate for use in place of a test method
specified in the Uniform Standards.
    Atmospheric storage vessel means any storage vessel that is not a
pressure vessel.
    Automatic bleeder vent (or vacuum breaker vent) means a device used
to equalize the pressure of the vapor space across the deck as the
floating roof is either being landed on or floated off of its legs or
other support devices. Typically, the device consists of a well in the
deck with a cover. A guided leg is attached to the underside of the
cover which comes in contact with the floor when the storage vessel is
being emptied, just prior to the point that the floating roof lands on
its supports. When in contact with the bottom of the storage vessel,
the guided leg mechanically lifts the cover off the well.
Alternatively, the device may be activated by increased pressure (or
vacuum) in the vapor space below the landed floated roof that is
created by changes in the liquid level while the floating roof is
landed.
    Barge means any vessel that transports regulated material liquids
in bulk on inland waterways or at sea.
    Batch emission episode means a discrete venting episode that may be
associated with a single unit operation. A unit operation may have more
than one batch emission episode. For example, a displacement of vapor
resulting from the charging of a vessel with regulated material will
result in a discrete emission episode that will last through the
duration of the charge and will have an average flow rate equal to the
rate of the charge. If the vessel is then heated, there will also be
another discrete emission episode resulting from the expulsion of
expanded vapor. Both emission episodes may occur in the same vessel or
unit operation. There are possibly other emission episodes that may
occur from the vessel or other process equipment, depending on process
operations.
    Batch operation means a noncontinuous operation involving
intermittent or discontinuous feed into process vessels and, in
general, involves the emptying of the process vessels after the
operation ceases and prior to beginning a new operation. Addition of
raw material and withdrawal of product do not occur simultaneously in a
batch operation.
    Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater.
    Bottoms receiver means a tank that collects bottoms from continuous
distillation before the stream is sent for storage or for further
downstream processing. A rundown tank is an example of a bottoms
receiver.
    Breakthrough means the time when the level of regulated material
detected is at the highest concentration allowed to be discharged from
an adsorber system, as determined by the referencing subpart.
    By compound means by individual stream components, not carbon
equivalents.
    Cargo tank means a liquid-carrying tank permanently attached and
forming an integral part of a motor vehicle or truck trailer. This term
also refers to the entire cargo tank motor vehicle or trailer. Vacuum
trucks used exclusively for maintenance or spill response are not
considered cargo tanks.
    Car-seal means a seal that is placed on a device that is used to
change the position of a valve (e.g., from opened to closed) in such a
way that the position of the valve cannot be changed without breaking
the seal.
    Catalytic oxidizer means a thermal oxidizer where the gas stream,
after passing through the enclosed combustion chamber, also passes
through a catalyst bed. The catalyst has the effect of increasing the
oxidation reaction rate, enabling conversion at lower reaction
temperatures than in thermal oxidizers.
    Closed-loop system means an enclosed system that returns process
fluid to the process and is not vented directly to the atmosphere.
    Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers for purged
liquids must be covered or closed when not being filled or emptied.
    Closed vent system means a system that is not open to the
atmosphere and is composed of piping, ductwork, connections and, if
necessary, flow inducing devices that transport gas or vapor from an
emission point to a control device.
    Combustion device means an individual unit of equipment, such as an
incinerator, process heater or boiler, used for the combustion of
organic emissions.
    Connector means flanged, screwed or other joined fittings used to
connect pipelines, a pipeline and a process vessel, or a pipeline and a
piece of equipment, or that close an opening in a pipe that could be
connected to another pipe. A common connector is a flange. Joined
fittings welded completely around the circumference of the interface
are not considered connectors.
    Container means a portable unit in which a regulated material is
stored, transported, treated or otherwise handled. Examples of
containers include, but are not limited to, drums, dumpsters, roll-off
boxes and portable cargo containers known as ``portable tanks'' or
``totes.'' Transport vehicles and barges are not containers.
    Continuous emission monitoring system (CEMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, used to sample, condition
(if applicable), analyze and provide a record of emissions.
    Continuous operation means any operation that is not a batch
operation.
    Continuous parameter monitoring system (CPMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of the Uniform Standards, used to sample,
condition (if

applicable), analyze and provide a record of process or control system
parameters.
    Continuous record means documentation, either in hard copy or
computer readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec.  65.860(a).
    Control device means, with the exceptions noted below, a combustion
device, recovery device, recapture device or any combination of these
devices used to comply with this subpart or a referencing subpart.
Process condensers or fuel gas systems are not considered to be control
devices.
    Control system means the combination of the closed vent system and
the control devices used to collect and control vapors or gases from a
regulated source.
    Corrective action analysis and/or Corrective action plan means a
description of all reasonable interim and long-term measures, if any,
that are available, and an explanation of why the selected corrective
action is the best alternative, including, but not limited to, any
consideration of cost effectiveness.
    Day means a calendar day.
    Deck cover means a device that covers an opening in a floating roof
deck. Some deck covers move horizontally relative to the deck (i.e., a
sliding cover).
    Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the
two block valves.
    Ductwork means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
    Empty or emptying means the partial or complete removal of stored
liquid from a storage vessel. Storage vessels that contain liquid only
as wall or bottom clingage, or in pools due to bottom irregularities,
are considered completely empty.
    Equipment means each pump, compressor, agitator, pressure relief
device (PRD), sampling connection system, open-ended valve or line,
valve, connector and instrumentation system that contains or contacts
regulated material; and any control devices or systems used to comply
with subpart J of this part. Equipment does not include process
equipment, monitoring equipment, vapor collection equipment or testing
equipment.
    External floating roof or EFR means a floating roof located in a
storage vessel without a fixed roof.
    Fill or filling means the introduction of liquid into a storage
vessel or container, but not necessarily to capacity.
    First attempt at repair means to take action for the purpose of
stopping or reducing leakage of regulated material to the atmosphere. A
first attempt at repair includes monitoring, as specified in Sec.
65.431(a) and (b) to verify that the leak is repaired, unless you
determine by other means that the leak is not repaired.
    Fittings means any cover or other device to close an opening
through a fixed roof or through the deck of a floating roof for
automatic bleeder vents (vacuum breaker vents), rim space vents, leg
sleeves, deck drains, access hatches, gauge float wells, sample wells,
columns, guidepoles, ladders, conservation vents, PRD or any other
opening on the fixed roof or floating roof deck.
    Fixed roof storage vessel means a vessel with roof that is mounted
(i.e., permanently affixed) on a storage vessel and that does not move
with fluctuations in stored liquid level. All horizontal tanks are
classified as fixed roof storage vessels.
    Flexible enclosure device means a seal made of an elastomeric
fabric (or other material) which completely encloses a slotted
guidepole or ladder and eliminates the vapor emission pathway from
inside the storage vessel through the guidepole slots or ladder slots
to the outside air.
    Flexible fabric sleeve seal means a seal made of an elastomeric
fabric (or other material) which covers an opening in a floating roof
deck, and which allows the penetration of a fixed roof support column.
The seal is attached to the rim of the deck opening and extends to the
outer surface of the column. The seal is draped (but does not contact
the stored liquid) to allow the horizontal movement of the deck
relative to the column.
    Floating roof means a roof that floats on the surface of the liquid
in a storage vessel. A floating roof substantially covers the stored
liquid surface (but is not necessarily in contact with the entire
surface), and is comprised of a deck, a rim seal and miscellaneous deck
fittings.
    Flow indicator means a device that indicates whether gas flow is or
whether the valve position would allow gas flow to be present in a
line.
    Fuel gas means gases that are combusted to derive useful work or
heat.
    Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous streams generated by
onsite operations, may blend them with other sources of gas and
transports the gaseous streams for use as fuel gas in combustion
devices or in-process combustion equipment, such as furnaces and gas
turbines, either singly or in combination. Piping that routes emissions
to boilers or process heaters as the primary fuel or introduced with
the primary fuel are considered fuel gas systems.
    Halogenated vent stream or halogenated stream means a stream
determined to have a mass rate of halogen atoms of 0.45 kilograms per
hour or greater, determined by the procedures presented in Sec.
65.702(c).
    Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgment and standards, such as ASME
B31.3-2010, Process Piping (incorporated by reference, see Sec.
65.265).
    In gas and vapor service means that a piece of equipment in
regulated material service contains a gas or vapor at operating
conditions.
    In heavy liquid service means that a piece of equipment in
regulated material service is not in gas and vapor service or in light
liquid service.
    In light liquid service means that a piece of equipment in
regulated material service contains a liquid that meets the following
conditions: (1) The vapor pressure of one or more of the organic
compounds is greater than 0.3 kilopascals at 20 degrees Celsius; (2)
The total concentration of the pure organic compounds constituents
having a vapor pressure greater than 0.3 kilopascals at 20 degrees
Celsius is equal to or greater than 20 percent by weight of the total
process stream; (3) The fluid is a liquid at operating conditions.
(Note to definition of ``in light liquid service'': Vapor pressures may
be determined by standard reference texts or ASTM D-2879(2011),
Standard Test Method for Hydrocarbon Types in Low Olefinic Gasoline by
Mass Spectrometry (incorporated by reference, see Sec.  65.265).
    In liquid service means that a piece of equipment in regulated
material service is not in gas and vapor service.
    In regulated material service means, unless specified otherwise in
the referencing subpart, a regulated source or portion of a regulated
source (e.g., a piece of equipment) that either contains or contacts a
fluid (liquid or gas) that is at least 5 percent by weight of regulated
material (as defined in the referencing subpart), as determined
according to the provisions of Sec.  65.270. The provisions of Sec.
65.270 also specify how to determine that a regulated source or portion
of a

regulated source is not in regulated material service.
    In vacuum service means that equipment, a closed vent system, fuel
gas system or storage vessel is operating at an internal pressure that
is at least 0.7 pounds per square inch gauge (psig) below ambient
pressure.
    Initial fill means the first introduction of liquid into a storage
vessel that is either newly constructed or has not contained any
regulated material for a year or longer.
    Initial startup means, for new sources, the first time the source
begins production. For additions or changes not defined as a new source
by the referencing subpart, initial startup means the first time
additional or changed equipment is put into operation. Initial startup
does not include operation solely for testing of equipment. Initial
startup does not include subsequent startup of process units following
malfunction or process unit shutdowns. Except for equipment leaks,
initial startup also does not include subsequent startups (of process
units following changes in product for flexible operation units or
following recharging of equipment in batch operations).
    In-situ sampling systems means non-extractive samplers or in-line
samplers.
    Instrumentation system means a group of equipment used to condition
and convey a sample of the process fluid to analyzers and instruments
for the purpose of determining process operating conditions (e.g.,
composition, pressure, flow, etc.). Valves and connectors are the
predominant type of equipment used in instrumentation systems; however,
other types of equipment may also be included in these systems. Only
valves nominally 0.5 inches and smaller, and connectors nominally 0.75
inches and smaller in diameter are considered instrumentation systems.
Valves greater than nominally 0.5 inches and connectors greater than
nominally 0.75 inches associated with instrumentation systems are not
considered part of instrumentation systems and must be monitored
individually.
    Intermediate change to monitoring means a modification to federally
required monitoring involving ``proven technology'' (generally accepted
by the scientific community as equivalent or better) that is applied on
a site-specific basis and that may have the potential to decrease the
stringency of the associated emission limitation or standard. Though
site-specific, an intermediate change may set a national precedent for
a source category and may ultimately result in a revision to the
federally required monitoring. Examples of intermediate changes to
monitoring include, but are not limited to:
    (1) Use of a CEMS in lieu of a parameter monitoring approach;
    (2) Decreased frequency for non-continuous parameter monitoring or
physical inspections;
    (3) Changes to quality control requirements for parameter
monitoring; and
    (4) Use of an electronic data reduction system in lieu of manual
data reduction.
    Intermediate change to test method means a within-method
modification to a federally enforceable test method involving ``proven
technology'' (generally accepted by the scientific community as
equivalent or better) that is applied on a site-specific basis and that
may have the potential to decrease the stringency of the associated
emission limitation or standard. Though site-specific, an intermediate
change may set a national precedent for a source category and may
ultimately result in a revision to the federally enforceable test
method. In order to be approved, an intermediate change must be
validated according to EPA Method 301 (40 CFR part 63, appendix A) to
demonstrate that it provides equal or improved accuracy and precision.
Examples of intermediate changes to a test method include, but are not
limited to:
    (1) Modifications to a test method's sampling procedure, including