These final rules do not have federalism implications. They 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. These final rules impose
requirements on owners and operators of specified area sources and not
State and local governments. Thus, Executive Order 13132 does not apply
to these final rules.

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

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
    These final rules do not have tribal implications, as specified in
Executive Order 13175. They 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. Thus, Executive Order
13175 does not apply to these final rules.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, we must evaluate the environmental health or safety
effects of the planned rule on children and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. These final rules are not
subject to Executive Order 13045 because they are based on technology

performance and not on health or safety risks.

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

    These final rules are not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because they are not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that these final rules are not likely to have any
adverse energy effects.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act (NTTAA) of 1995 (Public Law No.
104-113, 12(d), (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards (VCS) in its regulatory activities, unless to do so
would be inconsistent with applicable law or otherwise impractical. VCS
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
    This rule involves technical standards. EPA has decided to use the
following methods: EPA Methods 9, 21, 22, and 27 (40 CFR part 60,
appendix A); American Society of Testing Materials (ASTM) Standard D
5228-92, ``Standard Test Method for Determination of Butane Working
Capacity of Activated Carbon''; CARB Vapor Recovery Test Procedure TP-
201.1, ``Volumetric Efficiency for Phase I Vapor Recovery Systems'';
CARB Vapor Recovery Test Procedure TP-201.1E, ``Leak Rate and Cracking
Pressure of Pressure/Vacuum Vent Valves''; and CARB Vapor Recovery Test
Procedure TP-201.3, ``Determination of 2-Inch WC Static Pressure
Performance of Vapor Recovery Systems of Dispensing Facilities.''
    The standard ASTM D 5228-92, ``Standard Test Method for
Determination of Butane Working Capacity of Activated Carbon,'' is also
a VCS. This standard will be incorporated by reference into 40 CFR
63.14.
    Consistent with the NTTAA, EPA conducted searches to identify VCS
in addition to these methods. No applicable VCS were identified for EPA
Methods 9, 21, 22, 27, ASTM D5228-92, or CARB methods TP-201.1, TP-
201.1E, and TP-201.3. The search and review results are in the docket
for this rule.
    Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General
Provisions, a source may apply to EPA for permission to use alternative
test methods or alternative monitoring requirements in place of any
required testing methods, performance specifications, or procedures.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that these final rules will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because they increase the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. These final rules establish national standards.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing these
final rules and other required information to the United States Senate,
the United States House of Representatives, and the Comptroller General
of the United States prior to publication of the final rules in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). These final rules will be
effective on January 10, 2008.

List of Subjects for 40 CFR Part 63

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

    Dated: December 20, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I, part 63
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

0
2. Section 63.14 is amended by adding new paragraphs (b)(63) and (l) to
read as follows:

Sec.  63.14  Incorporation by reference.

* * * * *
    (b) * * *
    (63) ASTM D 5228-92--``Standard Test Method for Determination of
Butane Working Capacity of Activated Carbon,'' reapproved 2005, IBR
approved for Sec.  63.11092(b)(1)(i)(B)(1)(ii).
* * * * *
    (l) The following materials are available from the California Air
Resources Board, Engineering and Certification Branch, 1001 I Street,
P.O. Box 2815, Sacramento, CA 95812-2815, Telephone<PHONE_NUMBER> and
are also available at the following Web site: http://www.arb.ca.gov/vapor/vapor.htm
.

    (1) California Air Resources Board Vapor Recovery Test Procedure
TP-201.1.--``Volumetric Efficiency for Phase I Vapor Recovery
Systems,'' adopted April 12, 1996, and amended February 1, 2001 and
October 8, 2003, IBR approved for Sec.  63.11120(b)(1).
    (2) California Air Resources Board Vapor Recovery Test Procedure
TP-201.1E--``Leak Rate and Cracking Pressure of Pressure/Vacuum Vent
Valves,'' adopted October 8, 2003, IBR approved for Sec.
63.11120(a)(1)(i).
    (3) California Air Resources Board Vapor Recovery Test Procedure
TP-201.3--``Determination of 2-Inch WC Static Pressure Performance of
Vapor Recovery Systems of Dispensing Facilities,'' adopted April 12,
1996 and amended March 17, 1999, IBR approved for Sec.
63.11120(a)(2)(i).

0
3. Part 63 is amended by adding a new subpart BBBBBB to read as
follows:

Subpart BBBBBB--National Emission Standards for Hazardous Air
Pollutants for Source Category: Gasoline Distribution Bulk
Terminals, Bulk Plants, and Pipeline Facilities

Sec.

What This Subpart Covers

63.11080 What is the purpose of this subpart?
63.11081 Am I subject to the requirements in this subpart?
63.11082 What parts of my affected source does this subpart cover?
63.11083 When do I have to comply with this subpart?

Emission Limitations and Management Practices

63.11086 What requirements must I meet if my facility is a bulk
gasoline plant?
63.11087 What requirements must I meet for gasoline storage tanks if
my facility is a bulk gasoline terminal, pipeline breakout station,
or pipeline pumping station?
63.11088 What requirements must I meet for gasoline loading racks if
my facility is a bulk gasoline terminal, pipeline breakout station,
or pipeline pumping station?
63.11089 What requirements must I meet for equipment leak
inspections if my facility is a bulk gasoline terminal, pipeline
breakout station, or pipeline pumping station?

Testing and Monitoring Requirements

63.11092 What testing and monitoring requirements must I meet?

Notification, Records, and Reports

63.11093 What notifications must I submit and when?
63.11094 What are my recordkeeping requirements?
63.11095 What are my reporting requirements?

Other Requirements and Information

63.11098 What parts of the General Provisions apply to me?
63.11099 Who implements and enforces this subpart?
63.11100 What definitions apply to this subpart?

Tables to Subpart BBBBBB of Part 63

Table 1 to Subpart BBBBBB of Part 63--Applicability Criteria,
Emission Limits, and Management Practices for Storage Tanks
Table 2 to Subpart BBBBBB of Part 63--Applicability Criteria,
Emission Limits, and Management Practices for Loading Racks
Table 3 to Subpart BBBBBB of Part 63--Applicability of General
Provisions

Subpart BBBBBB--National Emission Standards for Hazardous Air
Pollutants for Source Category: Gasoline Distribution Bulk
Terminals, Bulk Plants, and Pipeline Facilities

What This Subpart Covers

Sec.  63.11080  What is the purpose of this subpart?

    This subpart establishes national emission limitations and
management practices for hazardous air pollutants (HAP) emitted from
area source gasoline distribution bulk terminals, bulk plants, and
pipeline facilities. This subpart also establishes requirements to
demonstrate compliance with the emission limitations and management
practices.

Sec.  63.11081  Am I subject to the requirements in this subpart?

    (a) The affected source to which this subpart applies is each area
source bulk gasoline terminal, pipeline breakout station, pipeline
pumping station, and bulk gasoline plant identified in paragraphs
(a)(1) through (4) of this section. You are subject to the requirements
in this subpart if you own or operate one or more of the affected area
sources identified in paragraphs (a)(1) through (4) of this section.
    (1) A bulk gasoline terminal that is not subject to the control
requirements of 40 CFR part 63, subpart R (Sec. Sec.  63.422, 63.423,
and 63.424) or 40 CFR part 63, subpart CC (Sec. Sec.  63.646, 63.648,
63.649, and 63.650).
    (2) A pipeline breakout station that is not subject to the control
requirements of 40 CFR part 63, subpart R (Sec. Sec.  63.423 and
63.424).
    (3) A pipeline pumping station.
    (4) A bulk gasoline plant.
    (b) If you are an owner or operator of affected sources, as defined
in (a)(1) through (4) of this section, you are not required to meet the
obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71 as
a result of being subject to this subpart. However, you are still
subject to the requirement to apply for and obtain a permit under 40
CFR part 70 or 40 CFR part 71 if you meet one or more of the
applicability criteria found in 40 CFR 70.3(a) and (b) or 40 CFR part
71.3(a) and (b).

Sec.  63.11082  What parts of my affected source does this subpart
cover?

    (a) The emission sources to which this subpart applies are gasoline
storage tanks, gasoline loading racks, vapor collection-equipped
gasoline cargo tanks, and equipment components in vapor or liquid
gasoline service that meet the criteria specified in Tables 1 through 3
to this subpart.
    (b) An affected source is a new affected source if you commenced
construction on the affected source after November 9, 2006, and you
meet the applicability criteria in Sec.  63.11081 at the time you
commenced operation.
    (c) An affected source is reconstructed if you meet the criteria
for reconstruction as defined in Sec.  63.2.
    (d) An affected source is an existing affected source if it is not
new or reconstructed.

Sec.  63.11083  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (a)(1) and (2) of this
section.
    (1) If you start up your affected source before January 10, 2008,
you must comply with the standards in this subpart no later than
January 10, 2008.
    (2) If you start up your affected source after January 10, 2008,
you must comply with the standards in this subpart upon startup of your
affected source.
    (b) If you have an existing affected source, you must comply with
the standards in this subpart no later than January 10, 2011.
    (c) If you have an existing affected source that becomes subject to
the control requirements in this subpart because of an increase in the
average daily throughput, as specified in option 1 of Table 2 to this
subpart, you must comply with the standards in this subpart no later
than 3 years after the affected source becomes subject to the control
requirements in this subpart.

Emission Limitations and Management Practices

Sec.  63.11086  What requirements must I meet if my facility is a bulk
gasoline plant?

    Each owner or operator of an affected bulk gasoline plant, as
defined in Sec.  63.11100, must comply with the requirements of
paragraphs (a) through (i) of this section.
    (a) Except as specified in paragraph (b), you must only load
gasoline into storage tanks and cargo tanks at your facility by
utilizing submerged filling, as defined in Sec.  63.11100, and, as
specified in paragraph (a)(1) or paragraph (a)(2) of this section.
    (1) Submerged fill pipes installed on or before November 9, 2006,
must be no more than 12 inches from the bottom of the tank.
    (2) Submerged fill pipes installed after November 9, 2006, must be
no more than 6 inches from the bottom of the tank.
    (b) The emission sources listed in paragraphs (b)(1) through (2) of
this section are not required to comply with

the control requirements in paragraph (a) of this section, but must
comply only with the requirements in paragraph (d) of this section.
    (1) Gasoline storage tanks with a capacity of less than 250
gallons.
    (2) Gasoline storage tanks that are subject to subpart CCCCCC of
this part.
    (c) You must perform a monthly leak inspection of all equipment in
gasoline service according to the requirements specified in Sec.
63.11089(a) through (d).
    (d) You must not allow gasoline to be handled in a manner that
would result in vapor releases to the atmosphere for extended periods
of time. Measures to be taken include, but are not limited to, the
following:
    (1) Minimize gasoline spills;
    (2) Clean up spills as expeditiously as practicable;
    (3) Cover all open gasoline containers and all gasoline storage
tank fill-pipes with a gasketed seal when not in use;
    (4) Minimize gasoline sent to open waste collection systems that
collect and transport gasoline to reclamation and recycling devices,
such as oil/water separators.
    (e) You must submit an Initial Notification that you are subject to
this subpart by May 9, 2008 unless you meet the requirements in
paragraph (g) of this section. The Initial Notification must contain
the information specified in paragraphs (e)(1) through (4) of this
section. The notification must be submitted to the applicable EPA
Regional Office and the delegated State authority, as specified in
Sec.  63.13.
    (1) The name and address of the owner and the operator.
    (2) The address (i.e., physical location) of the bulk plant.
    (3) A statement that the notification is being submitted in
response to this subpart and identifying the requirements in paragraphs
(a), (b), (c), and (d) of this section that apply to you.
    (4) A brief description of the bulk plant, including the number of
storage tanks in gasoline service, the capacity of each storage tank in
gasoline service, and the average monthly gasoline throughput at the
affected source.
    (f) You must submit a Notification of Compliance Status to the
applicable EPA Regional Office and the delegated State authority, as
specified in Sec.  63.13, by the compliance date specified in Sec.
63.11083 unless you meet the requirements in paragraph (g) of this
section. The Notification of Compliance Status must be signed by a
responsible official who must certify its accuracy and must indicate
whether the source has complied with the requirements of this subpart.
If your facility is in compliance with the requirements of this subpart
at the time the Initial Notification required under paragraph (e) of
this section is due, the Notification of Compliance Status may be
submitted in lieu of the Initial Notification provided it contains the
information required under paragraph (e) of this section.
    (g) If, prior to January 10, 2008, you are operating in compliance
with an enforceable State, local, or tribal rule or permit that
requires submerged fill as specified in Sec.  63.11086(a), you are not
required to submit an Initial Notification or a Notification of
Compliance Status under paragraph (e) or paragraph (f) of this section.
    (h) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11083.
    (i) You must keep applicable records and submit reports as
specified in Sec.  63.11094(d) and (e) and Sec.  63.11095(c).

Sec.  63.11087  What requirements must I meet for gasoline storage
tanks if my facility is a bulk gasoline terminal, pipeline breakout
station, or pipeline pumping station?

    (a) You must meet each emission limit and management practice in
Table 1 to this subpart that applies to your gasoline storage tank.
    (b) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11083, except that storage
vessels equipped with floating roofs and not meeting the requirements
of paragraph (a) of this section must be in compliance at the first
degassing and cleaning activity after January 10, 2011 or by January
10, 2018, whichever is first.
    (c) You must comply with the applicable testing and monitoring
requirements specified in Sec.  63.11092(e).
    (d) You must submit the applicable notifications as required under
Sec.  63.11093.
    (e) You must keep records and submit reports as specified in
Sec. Sec.  63.11094 and 63.11095.
    (f) If your gasoline storage tank is subject to, and complies with,
the control requirements of 40 CFR part 60, subpart Kb of this chapter,
your storage tank will be deemed in compliance with this section. You
must report this determination in the Notification of Compliance Status
report under Sec.  63.11093(b).

Sec.  63.11088  What requirements must I meet for gasoline loading
racks if my facility is a bulk gasoline terminal, pipeline breakout
station, or pipeline pumping station?

    (a) You must meet each emission limit and management practice in
Table 2 to this subpart that applies to you.
    (b) As an alternative for railcar cargo tanks to the requirements
specified in Table 2 to this subpart, you may comply with the
requirements specified in Sec.  63.422(e).
    (c) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11083.
    (d) You must comply with the applicable testing and monitoring
requirements specified in Sec.  63.11092.
    (e) You must submit the applicable notifications as required under
Sec.  63.11093.
    (f) You must keep records and submit reports as specified in
Sec. Sec.  63.11094 and 63.11095.

Sec.  63.11089  What requirements must I meet for equipment leak
inspections if my facility is a bulk gasoline terminal, bulk plant,
pipeline breakout station, or pipeline pumping station?

    (a) Each owner or operator of a bulk gasoline terminal, bulk plant,
pipeline breakout station, or pipeline pumping station subject to the
provisions of this subpart shall perform a monthly leak inspection of
all equipment in gasoline service, as defined in Sec.  63.11100. For
this inspection, detection methods incorporating sight, sound, and
smell are acceptable.
    (b) A log book shall be used and shall be signed by the owner or
operator at the completion of each inspection. A section of the log
book shall contain a list, summary description, or diagram(s) showing
the location of all equipment in gasoline service at the facility.
    (c) Each detection of a liquid or vapor leak shall be recorded in
the log book. When a leak is detected, an initial attempt at repair
shall be made as soon as practicable, but no later than 5 calendar days
after the leak is detected. Repair or replacement of leaking equipment
shall be completed within 15 calendar days after detection of each
leak, except as provided in paragraph (d) of this section.
    (d) Delay of repair of leaking equipment will be allowed if the
repair is not feasible within 15 days. The owner or operator shall
provide in the semiannual report specified in Sec.  63.11095(b), the
reason(s) why the repair was not feasible and the date each repair was
completed.
    (e) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11083.
    (f) You must submit the applicable notifications as required under
Sec.  63.11093.
    (g) You must keep records and submit reports as specified in
Sec. Sec.  63.11094 and 63.11095.

Testing and Monitoring Requirements

Sec.  63.11092  What testing and monitoring requirements must I meet?

    (a) Each owner or operator subject to the emission standard in
Sec.  63.11088 for gasoline loading racks must comply with the
requirements in paragraphs (a) through (d) of this section.
    (1) Conduct a performance test on the vapor processing and
collection systems according to either paragraph (a)(1)(i) or paragraph
(a)(1)(ii) of this section.
    (i) Use the test methods and procedures in Sec.  60.503 of this
chapter, except a reading of 500 parts per million shall be used to
determine the level of leaks to be repaired under Sec.  60.503(b) of
this chapter.
    (ii) Use alternative test methods and procedures in accordance with
the alternative test method requirements in Sec.  63.7(f).
    (2) If you are operating your gasoline loading rack in compliance
with an enforceable State, local, or tribal rule or permit that
requires your loading rack to meet an emission limit of 80 milligrams
(mg), or less, per liter of gasoline loaded (mg/l), you may submit a
statement by a responsible official of your facility certifying the
compliance status of your loading rack in lieu of the test required
under paragraph (a)(1) of this section.
    (3) If you have conducted performance testing on the vapor
processing and collection systems within 5 years prior to January 10,
2008, and the test is for the affected facility and is representative
of current or anticipated operating processes and conditions, you may
submit the results of such testing in lieu of the test required under
paragraph (a)(1) of this section, provided the testing was conducted
using the test methods and procedures in Sec.  60.503 of this chapter.
Should the Administrator deem the prior test data unacceptable, the
facility is still required to meet the requirement to conduct an
initial performance test within 180 days of the rule promulgation;
thus, previous test reports should be submitted as soon as possible
after January 10, 2008.
    (4) The performance test requirements of Sec.  63.11092(a) do not
apply to flares defined in Sec.  63.11100 and meeting the flare
requirements in Sec.  63.11(b). The owner or operator shall demonstrate
that the flare and associated vapor collection system is in compliance
with the requirements in Sec.  63.11(b) and 40 CFR 60.503(a), (b), and
(d).
    (b) For each performance test conducted under paragraph (a)(1) of
this section, the owner or operator shall determine a monitored
operating parameter value for the vapor processing system using the
procedures specified in paragraphs (b)(1) through (5) of this section.
    (1) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall install, calibrate, certify,
operate, and maintain, according to the manufacturer's specifications,
a continuous monitoring system (CMS) while gasoline vapors are
displaced to the vapor processor systems specified in paragraphs
(b)(1)(i) through (iv) of this section. During the performance test,
continuously record the operating parameter as specified under
paragraphs (b)(1)(i) through (iv) of this section.
    (i) Where a carbon adsorption system is used, the owner or operator
shall monitor the operation of the system as specified in paragraphs
(b)(1)(i)(A) or (B) of this section.
    (A) A continuous emissions monitoring system (CEMS) capable of
measuring organic compound concentration shall be installed in the
exhaust air stream.
    (B) As an alternative to paragraph (b)(1)(i)(A) of this section,
you may choose to meet the requirements listed in paragraph
(b)(1)(i)(B)(1) and (2) of this section.
    (1) Carbon adsorption devices shall be monitored as specified in
paragraphs (b)(1)(i)(B)(1)(i),(ii), and (iii) of this section.
    (i) Vacuum level shall be monitored using a pressure transmitter
installed in the vacuum pump suction line, with the measurements
displayed on a gauge that can be visually observed. Each carbon bed
shall be observed during one complete regeneration cycle on each day of
operation of the loading rack to determine the maximum vacuum level
achieved.
    (ii) Conduct annual testing of the carbon activity for the carbon
in each carbon bed. Carbon activity shall be tested in accordance with
the butane working capacity test of the American Society for Testing
and Materials (ASTM) Method D 5228-92 (incorporated by reference, see
Sec.  63.14), or by another suitable procedure as recommended by the
manufacturer.
    (iii) Conduct monthly measurements of the carbon bed outlet
volatile organic compounds (VOC) concentration over the last 5 minutes
of an adsorption cycle for each carbon bed, documenting the highest
measured VOC concentration. Measurements shall be made using a portable
analyzer, in accordance with 40 CFR part 60, Appendix A-7, EPA Method
21 for open-ended lines.
    (2) Develop and submit to the Administrator a monitoring and
inspection plan that describes the owner or operator's approach for
meeting the requirements in paragraphs (b)(1)(i)(B)(2)(i) through (v)
of this section.
    (i) The lowest maximum required vacuum level and duration needed to
assure regeneration of the carbon beds shall be determined by an
engineering analysis or from the manufacturer's recommendation and
shall be documented in the monitoring and inspection plan.
    (ii) The owner or operator shall verify, during each day of
operation of the loading rack, the proper valve sequencing, cycle time,
gasoline flow, purge air flow, and operating temperatures. Verification
shall be through visual observation or through an automated alarm or
shutdown system that monitors and records system operation.
    (iii) The owner or operator shall perform semi-annual preventive
maintenance inspections of the carbon adsorption system according to
the recommendations of the manufacturer of the system.
    (iv) The monitoring plan developed under paragraph (2) of this
section shall specify conditions that would be considered malfunctions
of the carbon adsorption system during the inspections or automated
monitoring performed under paragraphs (b)(1)(i)(B)(2)(i) through (iii)
of this section, describe specific corrective actions that will be
taken to correct any malfunction, and define what the owner or operator
would consider to be a timely repair for each potential malfunction.
    (v) The owner or operator shall document the maximum vacuum level
observed on each carbon bed from each daily inspection and the maximum
VOC concentration observed from each carbon bed on each monthly
inspection as well as any system malfunction, as defined in the
monitoring and inspection plan, and any activation of the automated
alarm or shutdown system with a written entry into a log book or other
permanent form of record. Such record shall also include a description
of the corrective action taken and whether such corrective actions were
taken in a timely manner, as defined in the monitoring and inspection
plan, as well as an estimate of the amount of gasoline loaded during
the period of the malfunction.
    (ii) Where a refrigeration condenser system is used, a continuous
parameter monitoring system (CPMS) capable of measuring temperature
shall be installed immediately downstream from the outlet to the
condenser section. Alternatively, a CEMS capable of

measuring organic compound concentration may be installed in the
exhaust air stream.
    (iii) Where a thermal oxidation system other than a flare is used,
the owner or operator shall monitor the operation of the system as
specified in paragraphs (b)(1)(iii)(A) or (B) of this section.
    (A) A CPMS capable of measuring temperature shall be installed in
the firebox or in the ductwork immediately downstream from the firebox
in a position before any substantial heat exchange occurs.
    (B) As an alternative to paragraph (b)(1)(iii)(A) of this section,
you may choose to meet the requirements listed in paragraphs
(b)(1)(iii)(B)(1) and (2) of this section.
    (1) The presence of a thermal oxidation system pilot flame shall be
monitored using a heat-sensing device, such as an ultraviolet beam
sensor or a thermocouple, installed in proximity to the pilot light to
indicate the presence of a flame.
    (2) Develop and submit to the Administrator a monitoring and
inspection plan that describes the owner or operator's approach for
meeting the requirements in paragraphs (b)(1)(iii)(B)(2)(i) through (v)
of this section.
    (i) The thermal oxidation system shall be equipped to automatically
prevent gasoline loading operations from beginning at any time that the
pilot flame is absent.
    (ii) The owner or operator shall verify, during each day of
operation of the loading rack, the proper operation of the assist-air
blower, the vapor line valve, and the emergency shutdown system.
Verification shall be through visual observation or through an
automated alarm or shutdown system that monitors and records system
operation.
    (iii) The owner or operator shall perform semi-annual preventive
maintenance inspections of the thermal oxidation system according to
the recommendations of the manufacturer of the system.
    (iv) The monitoring plan developed under paragraph (2) of this
section shall specify conditions that would be considered malfunctions
of the thermal oxidation system during the inspections or automated
monitoring performed under paragraphs (b)(1)(iii)(B)(2)(ii) and (iii)
of this section, describe specific corrective actions that will be
taken to correct any malfunction, and define what the owner or operator
would consider to be a timely repair for each potential malfunction.
    (v) The owner or operator shall document any system malfunction, as
defined in the monitoring and inspection plan, and any activation of
the automated alarm or shutdown system with a written entry into a log
book or other permanent form of record. Such record shall also include
a description of the corrective action taken and whether such
corrective actions were taken in a timely manner, as defined in the
monitoring and inspection plan, as well as an estimate of the amount of
gasoline loaded during the period of the malfunction.
    (iv) Monitoring an alternative operating parameter or a parameter
of a vapor processing system other than those listed in paragraphs
(b)(1)(i) through (iii) of this section will be allowed upon
demonstrating to the Administrator's satisfaction that the alternative
parameter demonstrates continuous compliance with the emission standard
in Sec.  63.11088(a).
    (2) Where a flare meeting the requirements in Sec.  63.11(b) is
used, a heat-sensing device, such as an ultraviolet beam sensor or a
thermocouple, must be installed in proximity to the pilot light to
indicate the presence of a flame.
    (3) Determine an operating parameter value based on the parameter
data monitored during the performance test, supplemented by engineering
assessments and the manufacturer's recommendations.
    (4) Provide for the Administrator's approval the rationale for the
selected operating parameter value, monitoring frequency, and averaging
time, including data and calculations used to develop the value and a
description of why the value, monitoring frequency, and averaging time
demonstrate continuous compliance with the emission standard in Sec.
63.11088(a).
    (5) If you have chosen to comply with the performance testing
alternatives provided under paragraph (a)(2) or paragraph (a)(3) of
this section, the monitored operating parameter value may be determined
according to the provisions in paragraph (b)(5)(i) or paragraph
(b)(5)(ii) of this section.
    (i) Monitor an operating parameter that has been approved by the
Administrator and is specified in your facility's current enforceable
operating permit. At the time that the Administrator requires a new
performance test, you must determine the monitored operating parameter
value according to the requirements specified in paragraph (b) of this
section.
    (ii) Determine an operating parameter value based on engineering
assessment and the manufacturer's recommendation and submit the
information specified in paragraph (b)(4) of this section for approval
by the Administrator. At the time that the Administrator requires a new
performance test, you must determine the monitored operating parameter
value according to the requirements specified in paragraph (b) of this
section.
    (c) For performance tests performed after the initial test required
under paragraph (a) of this section, the owner or operator shall
document the reasons for any change in the operating parameter value
since the previous performance test.
    (d) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall comply with the requirements in
paragraphs (d)(1) through (4) of this section.
    (1) Operate the vapor processing system in a manner not to exceed
or not to go below, as appropriate, the operating parameter value for
the parameters described in paragraph (b)(1) of this section.
    (2) In cases where an alternative parameter pursuant to paragraph
(b)(1)(iv) or paragraph (b)(5)(i) of this section is approved, each
owner or operator shall operate the vapor processing system in a manner
not to exceed or not to go below, as appropriate, the alternative
operating parameter value.
    (3) Operation of the vapor processing system in a manner exceeding
or going below the operating parameter value, as appropriate, shall
constitute a violation of the emission standard in Sec.  63.11088(a),
except as specified in paragraph (d)(4) of this section.
    (4) For the monitoring and inspection, as required under paragraphs
(b)(1)(i)(B)(2) and (b)(1)(iii)(B)(2) of this section, malfunctions
that are discovered shall not constitute a violation of the emission
standard in Sec.  63.11088(a) if corrective actions as described in the
monitoring and inspection plan are followed. The owner or operator
must:
    (i) Initiate corrective action to determine the cause of the
problem within 1 hour;
    (ii) Initiate corrective action to fix the problem within 24 hours;
    (iii) Complete all corrective actions needed to fix the problem as
soon as practicable consistent with good air pollution control
practices for minimizing emissions;
    (iv) Minimize periods of start-up, shutdown, or malfunction; and
    (v) Take any necessary corrective actions to restore normal
operation and prevent the recurrence of the cause of the problem.
    (e) Each owner or operator subject to the emission standard in
Sec.  63.11087 for

gasoline storage tanks shall comply with the requirements in paragraphs
(e)(1) through (3) of this section.
    (1) If your gasoline storage tank is equipped with an internal
floating roof, you must perform inspections of the floating roof system
according to the requirements of Sec.  60.113b(a) if you are complying
with option 2(b) in Table 1 to this subpart, or according to the
requirements of Sec.  63.1063(c)(1) if you are complying with option
2(d) in Table 1 to this subpart.
    (2) If your gasoline storage tank is equipped with an external
floating roof, you must perform inspections of the floating roof system
according to the requirements of Sec.  60.113b(b) if you are complying
with option 2(c) in Table 1 to this subpart, or according to the
requirements of Sec.  63.1063(c)(2) if you are complying with option
2(d) in Table 1 to this subpart.
    (3) If your gasoline storage tank is equipped with a closed vent
system and control device, you must conduct a performance test and
determine a monitored operating parameter value in accordance with the
requirements in paragraphs (a) through (d) of this section, except that
the applicable level of control specified in paragraph (a)(2) of this
section shall be a 95-percent reduction in inlet total organic
compounds (TOC) levels rather than 80 mg/l of gasoline loaded.
    (f) The annual certification test for gasoline cargo tanks shall
consist of the test methods specified in paragraphs (f)(1) or (f)(2) of
this section.
    (1) EPA Method 27, Appendix A-8, 40 CFR part 60. Conduct the test
using a time period (t) for the pressure and vacuum tests of 5 minutes.
The initial pressure (Pi) for the pressure test shall be 460
millimeters (mm) of water (18 inches of water), gauge. The initial
vacuum (Vi) for the vacuum test shall be 150 mm of water (6
inches of water), gauge. The maximum allowable pressure and vacuum
changes ([Delta] p, [Delta] v) for all affected gasoline cargo tanks is
3 inches of water, or less, in 5 minutes.
    (2) Railcar bubble leak test procedures. As an alternative to the
annual certification test required under paragraph (1) of this section
for certification leakage testing of gasoline cargo tanks, the owner or
operator may comply with paragraphs (f)(2)(i) and (ii) of this section
for railcar cargo tanks, provided the railcar cargo tank meets the
requirement in paragraph (f)(2)(iii) of this section.
    (i) Comply with the requirements of 49 CFR 173.31(d), 49 CFR 179.7,
49 CFR 180.509, and 49 CFR 180.511 for the periodic testing of railcar
cargo tanks.
    (ii) The leakage pressure test procedure required under 49 CFR
180.509(j) and used to show no indication of leakage under 49 CFR
180.511(f) shall be ASTM E 515-95, BS EN 1593:1999, or another bubble
leak test procedure meeting the requirements in 49 CFR 179.7, 49 CFR
180.505, and 49 CFR 180.509.
    (iii) The alternative requirements in this paragraph (f)(2) may not
be used for any railcar cargo tank that collects gasoline vapors from a
vapor balance system and the system complies with a Federal, State,
local, or tribal rule or permit. A vapor balance system is a piping and
collection system designed to collect gasoline vapors displaced from a
storage vessel, barge, or other container being loaded, and routes the
displaced gasoline vapors into the railcar cargo tank from which liquid
gasoline is being unloaded.

Notifications, Records, and Reports

Sec.  63.11093  What notifications must I submit and when?

    (a) Each owner or operator of an affected source under this subpart
must submit an Initial Notification as specified in Sec.  63.9(b). If
your facility is in compliance with the requirements of this subpart at
the time the Initial Notification is due, the Notification of
Compliance Status required under paragraph (b) of this section may be
submitted in lieu of the Initial Notification.
    (b) Each owner or operator of an affected source under this subpart
must submit a Notification of Compliance Status as specified in Sec.
63.9(h). The Notification of Compliance Status must specify which of
the compliance options included in Table 1 to this subpart is used to
comply with this subpart.
    (c) Each owner or operator of an affected bulk gasoline terminal
under this subpart must submit a Notification of Performance Test, as
specified in Sec.  63.9(e), prior to initiating testing required by
Sec.  63.11092(a) or Sec.  63.11092(b).
    (d) Each owner or operator of any affected source under this
subpart must submit additional notifications specified in Sec.  63.9,
as applicable.

Sec.  63.11094  What are my recordkeeping requirements?

    (a) Each owner or operator of a bulk gasoline terminal or pipeline
breakout station whose storage vessels are subject to the provisions of
this subpart shall keep records as specified in Sec.  60.115b of this
chapter if you are complying with options 2(a), 2(b), or 2(c) in Table
1 to this subpart, except records shall be kept for at least 5 years.
If you are complying with the requirements of option 2(d) in Table 1 to
this subpart, you shall keep records as specified in Sec.  63.1065.
    (b) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall keep records of the test results
for each gasoline cargo tank loading at the facility as specified in
paragraphs (b)(1) through (3) of this section.
    (1) Annual certification testing performed under Sec.
63.11092(f)(1) and periodic railcar bubble leak testing performed under
Sec.  63.11092(f)(2).
    (2) The documentation file shall be kept up-to-date for each
gasoline cargo tank loading at the facility. The documentation for each
test shall include, as a minimum, the following information:
    (i) Name of test: Annual Certification Test--Method 27 or Periodic
Railcar Bubble Leak Test Procedure.
    (ii) Cargo tank owner's name and address.
    (iii) Cargo tank identification number.
    (iv) Test location and date.
    (v) Tester name and signature.
    (vi) Witnessing inspector, if any: Name, signature, and
affiliation.
    (vii) Vapor tightness repair: Nature of repair work and when
performed in relation to vapor tightness testing.
    (viii) Test results: Test pressure; pressure or vacuum change, mm
of water; time period of test; number of leaks found with instrument;
and leak definition.
    (3) If you are complying with the alternative requirements in Sec.
63.11088(b), you must keep records documenting that you have verified
the vapor tightness testing according to the requirements of the
Administrator.
    (c) As an alternative to keeping records at the terminal of each
gasoline cargo tank test result as required in paragraph (b) of this
section, an owner or operator may comply with the requirements in
either paragraph (c)(1) or paragraph (c)(2) of this section.
    (1) An electronic copy of each record is instantly available at the
terminal.
    (i) The copy of each record in paragraph (c)(1) of this section is
an exact duplicate image of the original paper record with certifying
signatures.
    (ii) The Administrator is notified in writing that each terminal
using this alternative is in compliance with paragraph (c)(1) of this
section.
    (2) For facilities that use a terminal automation system to prevent
gasoline cargo tanks that do not have valid cargo tank vapor tightness
documentation from loading (e.g., via a card lock-out system), a copy
of the documentation is made available (e.g., via facsimile) for

inspection by the Administrator's delegated representatives during the
course of a site visit, or within a mutually agreeable time frame.
    (i) The copy of each record in paragraph (c)(2) of this section is
an exact duplicate image of the original paper record with certifying
signatures.
    (ii) The Administrator is notified in writing that each terminal
using this alternative is in compliance with paragraph (c)(2) of this
section.
    (d) Each owner or operator subject to the equipment leak provisions
of Sec.  63.11089 shall prepare and maintain a record describing the
types, identification numbers, and locations of all equipment in
gasoline service. For facilities electing to implement an instrument
program under Sec.  63.11089, the record shall contain a full
description of the program.
    (e) Each owner or operator of an affected source subject to
equipment leak inspections under Sec.  63.11089 shall record in the log
book for each leak that is detected the information specified in
paragraphs (e)(1) through (7) of this section.
    (1) The equipment type and identification number.
    (2) The nature of the leak (i.e., vapor or liquid) and the method
of detection (i.e., sight, sound, or smell).
    (3) The date the leak was detected and the date of each attempt to
repair the leak.
    (4) Repair methods applied in each attempt to repair the leak.
    (5) ``Repair delayed'' and the reason for the delay if the leak is
not repaired within 15 calendar days after discovery of the leak.
    (6) The expected date of successful repair of the leak if the leak
is not repaired within 15 days.
    (7) The date of successful repair of the leak.
    (f) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall:
    (1) Keep an up-to-date, readily accessible record of the continuous
monitoring data required under Sec.  63.11092(b) or Sec.  63.11092(e).
This record shall indicate the time intervals during which loadings of
gasoline cargo tanks have occurred or, alternatively, shall record the
operating parameter data only during such loadings. The date and time
of day shall also be indicated at reasonable intervals on this record.
    (2) Record and report simultaneously with the Notification of
Compliance Status required under Sec.  63.11093(b):
    (i) All data and calculations, engineering assessments, and
manufacturer's recommendations used in determining the operating
parameter value under Sec.  63.11092(b) or Sec.  63.11092(e); and
    (ii) The following information when using a flare under provisions
of Sec.  63.11(b) to comply with Sec.  63.11087(a):
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted); and
    (B) All visible emissions (VE) readings, heat content
determinations, flow rate measurements, and exit velocity
determinations made during the compliance determination required under
Sec.  63.11092(e)(3).
    (3) Keep an up-to-date, readily accessible copy of the monitoring
and inspection plan required under Sec.  63.11092(b)(1)(i)(B)(2) or
Sec.  63.11092(b)(1)(iii)(B)(2).
    (4) Keep an up-to-date, readily accessible record of all system
malfunctions, as specified in Sec.  63.11092(b)(1)(i)(B)(2)(v) or Sec.
63.11092(b)(1)(iii)(B)(2)(v).
    (5) If an owner or operator requests approval to use a vapor
processing system or monitor an operating parameter other than those
specified in Sec.  63.11092(b), the owner or operator shall submit a
description of planned reporting and recordkeeping procedures.

Sec.  63.11095  What are my reporting requirements?

    (a) Each owner or operator of a bulk terminal or a pipeline
breakout station subject to the control requirements of this subpart
shall include in a semiannual compliance report to the Administrator
the following information, as applicable:
    (1) For storage vessels, if you are complying with options 2(a),
2(b), or 2(c) in Table 1 to this subpart, the information specified in
Sec.  60.115b(a), Sec.  60.115b(b), or Sec.  60.115b(c) of this
chapter, depending upon the control equipment installed, or, if you are
complying with option 2(d) in Table 1 to this subpart, the information
specified in Sec.  63.1066.
    (2) For loading racks, each loading of a gasoline cargo tank for
which vapor tightness documentation had not been previously obtained by
the facility.
    (3) For equipment leak inspections, the number of equipment leaks
not repaired within 15 days after detection.
    (b) Each owner or operator of an affected source subject to the
control requirements of this subpart shall submit an excess emissions
report to the Administrator at the time the semiannual compliance
report is submitted. Excess emissions events under this subpart, and
the information to be included in the excess emissions report, are
specified in paragraphs (b)(1) through (5) of this section.
    (1) Each instance of a non-vapor-tight gasoline cargo tank loading
at the facility in which the owner or operator failed to take steps to
assure that such cargo tank would not be reloaded at the facility
before vapor tightness documentation for that cargo tank was obtained.
    (2) Each reloading of a non-vapor-tight gasoline cargo tank at the
facility before vapor tightness documentation for that cargo tank is
obtained by the facility in accordance with Sec.  63.11094(b).
    (3) Each exceedance or failure to maintain, as appropriate, the
monitored operating parameter value determined under Sec.  63.11092(b).
The report shall include the monitoring data for the days on which
exceedances or failures to maintain have occurred, and a description
and timing of the steps taken to repair or perform maintenance on the
vapor collection and processing systems or the CMS.
    (4) Each instance in which malfunctions discovered during the
monitoring and inspections required under Sec.  63.11092(b)(1)(i)(B)(2)
and (b)(1)(iii)(B)(2) were not resolved according to the necessary
corrective actions described in the monitoring and inspection plan. The
report shall include a description of the malfunction and the timing of
the steps taken to correct the malfunction.
    (5) For each occurrence of an equipment leak for which no repair
attempt was made within 5 days or for which repair was not completed
within 15 days after detection:
    (i) The date on which the leak was detected;
    (ii) The date of each attempt to repair the leak;
    (iii) The reasons for the delay of repair; and
    (iv) The date of successful repair.
    (c) Each owner or operator of a bulk gasoline plant or a pipeline
pumping station shall submit a semiannual excess emissions report,
including the information specified in paragraphs (a)(3) and (b)(4) of
this section, only for a 6-month period during which an excess emission
event has occurred. If no excess emission events have occurred during
the previous 6-month period, no report is required.

Other Requirements and Information

Sec.  63.11098  What parts of the General Provisions apply to me?

    Table 3 to this subpart shows which parts of the General Provisions
apply to you.

Sec.  63.11099  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as the applicable State, local, or tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities specified in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or
tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.
63.11086 through 63.11088 and Sec.  63.11092. Any owner or operator
requesting to use an alternative means of emission limitation for
storage vessels in Table 1 to this subpart must follow either the
provisions in Sec.  60.114b of this chapter if you are complying with
options 2(a), 2(b), or 2(c) in Table 1 to this subpart, or the
provisions in Sec.  63.1064 if you are complying with option 2(d) in
Table 1 to this subpart.
    (2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in
this subpart.

Sec.  63.11100  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have
the meaning given them in the Clean Air Act (CAA), in subparts A, K,
Ka, Kb, and XX of part 60 of this chapter, or in subparts A, R, and WW
of this part. All terms defined in both subpart A of part 60 of this
chapter and subparts A, R, and WW of this part shall have the meaning
given in subparts A, R, and WW of this part. For purposes of this
subpart, definitions in this section supersede definitions in other
parts or subparts.
    Administrator means the Administrator of the United States
Environmental Protection Agency or his or her authorized representative
(e.g., a State that has been delegated the authority to implement the
provisions of this subpart).
    Bulk gasoline plant means any gasoline storage and distribution
facility that receives gasoline by pipeline, ship or barge, or cargo
tank and has a gasoline throughput of less than 20,000 gallons per day.
Gasoline throughput shall be the maximum calculated design throughput
as may be limited by compliance with an enforceable condition under
Federal, State, or local law and discoverable by the Administrator and
any other person.
    Bulk gasoline terminal means any gasoline storage and distribution
facility that receives gasoline by pipeline, ship or barge, or cargo
tank and has a gasoline throughput of 20,000 gallons per day or
greater. Gasoline throughput shall be the maximum calculated design
throughput as may be limited by compliance with an enforceable
condition under Federal, State, or local law and discoverable by the
Administrator and any other person.
    Equipment means each valve, pump, pressure relief device, sampling
connection system, open-ended valve or line, and flange or other
connector in the gasoline liquid transfer and vapor collection systems.
This definition also includes the entire vapor processing system except
the exhaust port(s) or stack(s).
    Flare means a thermal oxidation system using an open (without
enclosure) flame.
    Gasoline cargo tank means a delivery tank truck or railcar which is
loading gasoline or which has loaded gasoline on the immediately
previous load.
    In gasoline service means that a piece of equipment is used in a
system that transfers gasoline or gasoline vapors.
    Monthly means once per calendar month at regular intervals of no
less than 28 days and no more than 35 days.
    Operating parameter value means a value for an operating or
emission parameter of the vapor processing system (e.g., temperature)
which, if maintained continuously by itself or in combination with one
or more other operating parameter values, determines that an owner or
operator has complied with the applicable emission standard. The
operating parameter value is determined using the procedures specified
in Sec.  63.11092(b).
    Pipeline breakout station means a facility along a pipeline
containing storage vessels used to relieve surges or receive and store
gasoline from the pipeline for re-injection and continued
transportation by pipeline or to other facilities.
    Pipeline pumping station means a facility along a pipeline
containing pumps to maintain the desired pressure and flow of product
through the pipeline and not containing storage vessels.
    Submerged filling means, for the purposes of this subpart, the
filling of a gasoline cargo tank or a stationary storage tank through a
submerged fill pipe whose discharge is no more than the applicable
distance specified in Sec.  63.11086(a) from the bottom of the tank.
Bottom filling of gasoline cargo tanks or storage tanks is included in
this definition.
    Vapor collection-equipped gasoline cargo tank means a gasoline
cargo tank that is outfitted with the equipment necessary to transfer
vapors, displaced during the loading of gasoline into the cargo tank,
to a vapor processor system.
    Vapor-tight gasoline cargo tank means the same as the definition of
the term ``vapor-tight gasoline tank truck'' in Sec.  60.501, except
that for this subpart the term ``gasoline tank truck'' means ``gasoline
cargo tank,'' as defined in this section.

 Table 1 to Subpart BBBBBB of Part 63.--Applicability Criteria, Emission
           Limits, and Management Practices for Storage Tanks
------------------------------------------------------------------------
       If you own or operate                    Then you must
------------------------------------------------------------------------
1. A gasoline storage tank with a   Equip each gasoline storage tank
 capacity of less than 75 cubic      with a fixed roof that is mounted
 meters (m\3\).                      to the storage tank in a stationary
                                     manner, and maintain all openings
                                     in a closed position at all times
                                     when not in use.
2. A gasoline storage tank with a   (a) Reduce emissions of total
 capacity of greater than or equal   organic HAP or TOC by 95 weight-
 to 75 m\3\.                         percent with a closed vent system
                                     and control device as specified in
                                     Sec.   60.112b(a)(3) of this
                                     chapter; or

                                    (b) Equip each internal floating
                                     roof gasoline storage tank
                                     according to the requirements in
                                     Sec.   60.112b(a)(1) of this
                                     chapter, except for the secondary
                                     seal requirements under Sec.
                                     60.112b(a)(1)(ii)(B) and the
                                     requirements in Sec.
                                     60.112b(a)(1)(iv) through (ix) of
                                     this chapter; and
                                    (c) Equip each external floating
                                     roof gasoline storage tank
                                     according to the requirements in
                                     Sec.   60.112b(a)(2) of this
                                     chapter, except that the
                                     requirements of Sec.
                                     60.112b(a)(2)(ii) of this chapter
                                     shall only be required if such
                                     storage tank does not currently
                                     meet the requirements of Sec.
                                     60.112b(a)(2)(i) of this chapter;
                                     or
                                    (d) Equip and operate each internal
                                     and external floating roof gasoline
                                     storage tank according to the
                                     applicable requirements in Sec.
                                     63.1063(a)(1) and (b), and equip
                                     each external floating roof
                                     gasoline storage tank according to
                                     the requirements of Sec.
                                     63.1063(a)(2) if such storage tank
                                     does not currently meet the
                                     requirements of Sec.
                                     63.1063(a)(1).
------------------------------------------------------------------------

 Table 2 to Subpart BBBBBB of Part 63.--Applicability Criteria, Emission
           Limits, and Management Practices for Loading Racks
------------------------------------------------------------------------
       If you own or operate                    Then you must
------------------------------------------------------------------------
1. A gasoline loading rack(s) at a  (a) Equip your loading rack(s) with
 bulk gasoline terminal with a       a vapor collection system designed
 gasoline throughput of 250,000      to collect the TOC vapors displaced
 gallons per day, or greater.        from cargo tanks during product
                                     loading; and
                                    (b) Reduce emissions of TOC to less
                                     than or equal to 80 mg/l of
                                     gasoline loaded into gasoline cargo
                                     tanks at the loading rack; and
                                    (c) Design and operate the vapor
                                     collection system to prevent any
                                     TOC vapors collected at one loading
                                     rack from passing to another
                                     loading rack; and
                                    (d) Limit the loading of gasoline
                                     into gasoline cargo tanks that are
                                     vapor tight using the procedures
                                     specified in Sec.   60.502(e)
                                     through (j) of this chapter. For
                                     the purposes of this section, the
                                     term ``tank truck'' as used in Sec.
                                       60.502(e) through (j) of this
                                     chapter means ``cargo tank'' as
                                     defined in Sec.   63.11100.
2. A gasoline loading rack(s) at a  (a) Use submerged filling with a
 bulk gasoline terminal with a       submerged fill pipe that is no more
 gasoline throughput of less than    than 6 inches from the bottom of
 250,000 gallons per day.            the cargo tank.
                                    (b) Make records available within 24
                                     hours of a request by the
                                     Administrator to document your
                                     gasoline throughput.
------------------------------------------------------------------------

                   Table 3 to Subpart BBBBBB of Part 63.--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                Applies to subpart
              Citation                       Subject              Brief description               BBBBBB
----------------------------------------------------------------------------------------------------------------
Sec.   63.1........................  Applicability.........  Initial applicability        Yes, specific
                                                              determination;               requirements given in
                                                              applicability after          Sec.   63.11081.
                                                              standard established;
                                                              permit requirements;
                                                              extensions, notifications.
Sec.   63.1(c)(2)..................  Title V permit........  Requirements for obtaining   Yes, Sec.
                                                              a title V permit from the    63.11081(b) of
                                                              applicable permitting        subpart BBBBBB
                                                              authority.                   exempts identified
                                                                                area sources from the
                                                                                obligation to obtain
                                                                                title V operating
                                                                                permits.
Sec.   63.2........................  Definitions...........  Definitions for part 63      Yes, additional
                                                              standards.                   definitions in Sec.
                                                                                63.11100.
Sec.   63.3........................  Units and               Units and abbreviations for  Yes.
                                      Abbreviations.          part 63 standards.
Sec.   63.4........................  Prohibited Activities   Prohibited activities;       Yes.
                                      and Circumvention.      circumvention,
                                                              severability.
Sec.   63.5........................  Construction/           Applicability;               Yes.
                                      Reconstruction.         applications; approvals.
Sec.   63.6(a).....................  Compliance with         General Provisions apply     Yes.
                                      Standards/Operation &   unless compliance
                                      Maintenance             extension; General
                                      Applicability.          Provisions apply to area
                                                              sources that become major.
Sec.   63.6(b)(1)-(4)..............  Compliance Dates for    Standards apply at           Yes.
                                      New and Reconstructed   effective date; 3 years
                                      Sources.                after effective date; upon
                                                              startup; 10 years after
                                                              construction or
                                                              reconstruction commences
                                                              for CAA section 112(f).
Sec.   63.6(b)(5)..................  Notification..........  Must notify if commenced     Yes.
                                                              construction or
                                                              reconstruction after
                                                              proposal.
Sec.   63.6(b)(6)..................  [Reserved]............
Sec.   63.6(b)(7)..................  Compliance Dates for    Area sources that become     No.
                                      New and Reconstructed   major must comply with
                                      Area Sources that       major source standards
                                      Become Major.           immediately upon becoming
                                                              major, regardless of
                                                              whether required to comply
                                                              when they were an area
                                                              source.

Sec.   63.6(c)(1)-(2)..............  Compliance Dates for    Comply according to date in  No, Sec.   63.11083
                                      Existing Sources.       this subpart, which must     specifies the
                                                              be no later than 3 years     compliance dates.
                                                              after effective date; for
                                                              CAA section 112(f)
                                                              standards, comply within
                                                              90 days of effective date
                                                              unless compliance
                                                              extension.
Sec.   63.6(c)(3)-(4)..............  [Reserved]............
Sec.   63.6(c)(5)..................  Compliance Dates for    Area sources that become     No.
                                      Existing Area Sources   major must comply with
                                      that Become Major.      major source standards by
                                                              date indicated in this
                                                              subpart or by equivalent
                                                              time period (e.g., 3
                                                              years).
Sec.   63.6(d).....................  [Reserved]............
Sec.   63.6(e)(1)..................  Operation &             Operate to minimize          Yes.
                                      Maintenance.            emissions at all times;
                                                              correct malfunctions as
                                                              soon as practicable; and
                                                              operation and maintenance
                                                              requirements independently
                                                              enforceable; information
                                                              Administrator will use to
                                                              determine if operation and
                                                              maintenance requirements
                                                              were met.
Sec.   63.6(e)(2)..................  [Reserved]............
Sec.   63.6(e)(3)..................  Startup, Shutdown, and  Requirement for SSM plan;    No.
                                      Malfunction (SSM)       content of SSM plan;
                                      plan.                   actions during SSM.
Sec.   63.6(f)(1)..................  Compliance Except       You must comply with         No.
                                      During SSM.             emission standards at all
                                                              times except during SSM.
Sec.   63.6(f)(2)-(3)..............  Methods for             Compliance based on          Yes.
                                      Determining             performance test,
                                      Compliance.             operation and maintenance
                                                              plans, records, inspection.
Sec.   63.6(g)(1)-(3)..............  Alternative Standard..  Procedures for getting an    Yes.
                                                              alternative standard.
Sec.   63.6(h)(1)..................  Compliance with         You must comply with         No.
                                      Opacity/VE Standards.   opacity/VE standards at
                                                              all times except during
                                                              SSM.
Sec.   63.6(h)(2)(i)...............  Determining Compliance  If standard does not State   No.
                                      with Opacity/VE         test method, use EPA
                                      Standards.              Method 9 for opacity in
                                                              appendix A of part 60 of
                                                              this chapter and EPA
                                                              Method 22 for VE in
                                                              appendix A of part 60 of
                                                              this chapter.
Sec.   63.6(h)(2)(ii)..............  [Reserved]............
Sec.   63.6(h)(2)(iii).............  Using Previous Tests    Criteria for when previous   No.
                                      to Demonstrate          opacity/VE testing can be
                                      Compliance with         used to show compliance
                                      Opacity/VE Standards.   with this subpart.
Sec.   63.6(h)(3)..................  [Reserved]............
Sec.   63.6(h)(4)..................  Notification of         Must notify Administrator    No.
                                      Opacity/VE              of anticipated date of
                                      Observation Date.       observation.
Sec.   63.6(h)(5)(i), (iii)-(v)....  Conducting Opacity/VE   Dates and schedule for       No.
                                      Observations.           conducting opacity/VE
                                                              observations.
Sec.   63.6(h) (5)(ii).............  Opacity Test Duration   Must have at least 3 hours   No.
                                      and Averaging Times.    of observation with 30 6-
                                                              minute averages.
Sec.   63.6(h)(6)..................  Records of Conditions   Must keep records available  No.
                                      During Opacity/VE       and allow Administrator to
                                      Observations.           inspect.
Sec.   63.6(h)(7)(i)...............  Report Continuous       Must submit COMS data with   No.
                                      Opacity Monitoring      other performance test
                                      System (COMS)           data.
                                      Monitoring Data from
                                      Performance Test.
Sec.   63.6(h)(7)(ii)..............  Using COMS Instead of   Can submit COMS data         No.
                                      EPA Method 9.           instead of EPA Method 9
                                                              results even if rule
                                                              requires EPA Method 9 in
                                                              appendix A of part 60 of
                                                              this chapter, but must
                                                              notify Administrator
                                                              before performance test.
Sec.   63.6(h)(7)(iii).............  Averaging Time for      To determine compliance,     No.
                                      COMS During             must reduce COMS data to 6-
                                      Performance Test.       minute averages.
Sec.   63.6(h)(7)(iv)..............  COMS Requirements.....  Owner/operator must          No.
                                                              demonstrate that COMS
                                                              performance evaluations
                                                              are conducted according to
                                                              Sec.   63.8(e); COMS are
                                                              properly maintained and
                                                              operated according to Sec.
                                                                63.8(c) and data quality
                                                              as Sec.   63.8(d).
Sec.   63.6(h)(7)(v)...............  Determining Compliance  COMS is probable but not     No.
                                      with Opacity/VE         conclusive evidence of
                                      Standards.              compliance with opacity
                                                              standard, even if EPA
                                                              Method 9 observation shows
                                                              otherwise. Requirements
                                                              for COMS to be probable
                                                              evidence-proper
                                                              maintenance, meeting
                                                              Performance Specification
                                                              1 in appendix B of part 60
                                                              of this chapter, and data
                                                              have not been altered.
Sec.   63.6(h)(8)..................  Determining Compliance  Administrator will use all   No.
                                      with Opacity/VE         COMS, EPA Method 9 (in
                                      Standards.              appendix A of part 60 of
                                                              this chapter), and EPA
                                                              Method 22 (in appendix A
                                                              of part 60 of this
                                                              chapter) results, as well
                                                              as information about
                                                              operation and maintenance
                                                              to determine compliance.

Sec.   63.6(h)(9)..................  Adjusted Opacity        Procedures for               No.
                                      Standard.               Administrator to adjust an
                                                              opacity standard.
Sec.   63.6(i)(1)-(14).............  Compliance Extension..  Procedures and criteria for  Yes.
                                                              Administrator to grant
                                                              compliance extension.
Sec.   63.6(j).....................  Presidential            President may exempt any     Yes.
                                      Compliance Exemption.   source from requirement to
                                                              comply with this subpart.
Sec.   63.7(a)(2)..................  Performance Test Dates  Dates for conducting         Yes.
                                                              initial performance
                                                              testing; must conduct 180
                                                              days after compliance date.
Sec.   63.7(a)(3)..................  Section 114 Authority.  Administrator may require a  Yes.
                                                              performance test under CAA
                                                              section 114 at any time.
Sec.   63.7(b)(1)..................  Notification of         Must notify Administrator    Yes.
                                      Performance Test.       60 days before the test.
Sec.   63.7(b)(2)..................  Notification of Re-     If have to reschedule        Yes.
                                      scheduling.             performance test, must
                                                              notify Administrator of
                                                              rescheduled date as soon
                                                              as practicable and without
                                                              delay.
Sec.   63.7(c).....................  Quality Assurance (QA)/ Requirement to submit site-  Yes.
                                      Test Plan.              specific test plan 60 days
                                                              before the test or on date
                                                              Administrator agrees with;
                                                              test plan approval
                                                              procedures; performance
                                                              audit requirements;
                                                              internal and external QA
                                                              procedures for testing.
Sec.   63.7(d).....................  Testing Facilities....  Requirements for testing     Yes.
                                                              facilities.
Sec.   63.7(e)(1)..................  Conditions for          Performance tests must be    Yes.
                                      Conducting              conducted under
                                      Performance Tests.      representative conditions;
                                                              cannot conduct performance
                                                              tests during SSM.
Sec.   63.7(e)(2)..................  Conditions for          Must conduct according to    Yes.
                                      Conducting              this subpart and EPA test
                                      Performance Tests.      methods unless
                                                              Administrator approves
                                                              alternative.
Sec.   63.7(e)(3)..................  Test Run Duration.....  Must have three test runs    Yes.
                                                              of at least 1 hour each;
                                                              compliance is based on
                                                              arithmetic mean of three
                                                              runs; conditions when data
                                                              from an additional test
                                                              run can be used.
Sec.   63.7(f).....................  Alternative Test        Procedures by which          Yes.
                                      Method.                 Administrator can grant
                                                              approval to use an
                                                              intermediate or major
                                                              change, or alternative to
                                                              a test method.
Sec.   63.7(g).....................  Performance Test Data   Must include raw data in     Yes.
                                      Analysis.               performance test report;
                                                              must submit performance
                                                              test data 60 days after
                                                              end of test with the
                                                              notification of compliance
                                                              status; keep data for 5
                                                              years.
Sec.   63.7(h).....................  Waiver of Tests.......  Procedures for               Yes.
                                                              Administrator to waive
                                                              performance test.
Sec.   63.8(a)(1)..................  Applicability of        Subject to all monitoring    Yes.
                                      Monitoring              requirements in standard.
                                      Requirements.
Sec.   63.8(a)(2)..................  Performance             Performance specifications   Yes.
                                      Specifications.         in appendix B of 40 CFR
                                                              part 60 apply.
Sec.   63.8(a)(3)..................  [Reserved]............
Sec.   63.8(a)(4)..................  Monitoring of Flares..  Monitoring requirements for  Yes.
                                                              flares in Sec.   63.11
                                                              apply.
Sec.   63.8(b)(1)..................  Monitoring............  Must conduct monitoring      Yes.
                                                              according to standard
                                                              unless Administrator
                                                              approves alternative.
Sec.   63.8(b)(2)-(3)..............  Multiple Effluents and  Specific requirements for    Yes.
                                      Multiple Monitoring     installing monitoring
                                      Systems.                systems; must install on
                                                              each affected source or
                                                              after combined with
                                                              another affected source
                                                              before it is released to
                                                              the atmosphere provided
                                                              the monitoring is
                                                              sufficient to demonstrate
                                                              compliance with the
                                                              standard; if more than one
                                                              monitoring system on an
                                                              emission point, must
                                                              report all monitoring
                                                              system results, unless one
                                                              monitoring system is a
                                                              backup.
Sec.   63.8(c)(1)..................  Monitoring System       Maintain monitoring system   Yes.
                                      Operation and           in a manner consistent
                                      Maintenance.            with good air pollution
                                                              control practices.
Sec.   63.8(c)(1)(i)-(iii).........  Routine and             Follow the SSM plan for      Yes.
                                      Predictable SSM.        routine repairs; keep
                                                              parts for routine repairs
                                                              readily available;
                                                              reporting requirements for
                                                              SSM when action is
                                                              described in SSM plan.
Sec.   63.8(c) (2)-(8).............  CMS Requirements......  Must install to get          Yes.
                                                              representative emission or
                                                              parameter measurements;
                                                              must verify operational
                                                              status before or at
                                                              performance test.
Sec.   63.8(d).....................  CMS Quality Control...  Requirements for CMS         No.
                                                              quality control, including
                                                              calibration, etc.; must
                                                              keep quality control plan
                                                              on record for 5 years;
                                                              keep old versions for 5
                                                              years after revisions.
Sec.   63.8(e).....................  CMS Performance         Notification, performance    Yes.
                                      Evaluation.             evaluation test plan,
                                                              reports.

Sec.   63.8(f) (1)-(5).............  Alternative Monitoring  Procedures for               Yes.
                                      Method.                 Administrator to approve
                                                              alternative monitoring.
Sec.   63.8(f)(6)..................  Alternative to          Procedures for               Yes.
                                      Relative Accuracy       Administrator to approve
                                      Test.                   alternative relative
                                                              accuracy tests for CEMS.
Sec.   63.8(g).....................  Data Reduction........  COMS 6-minute averages       Yes.
                                                              calculated over at least
                                                              36 evenly spaced data
                                                              points; CEMS 1 hour
                                                              averages computed over at
                                                              least 4 equally spaced
                                                              data points; data that
                                                              cannot be used in average.
Sec.   63.9(a).....................  Notification            Applicability and State      Yes.
                                      Requirements.           delegation.
Sec.   63.9(b) (1)-(2), (4)-(5)....  Initial Notifications.  Submit notification within   Yes.
                                                              120 days after effective
                                                              date; notification of
                                                              intent to construct/
                                                              reconstruct, notification
                                                              of commencement of
                                                              construction/
                                                              reconstruction,
                                                              notification of startup;
                                                              contents of each.
Sec.   63.9(c).....................  Request for Compliance  Can request if cannot        Yes.
                                      Extension.              comply by date or if
                                                              installed best available
                                                              control technology or
                                                              lowest achievable emission
                                                              rate.
Sec.   63.9(d).....................  Notification of         For sources that commence    Yes.
                                      Special Compliance      construction between
                                      Requirements for New    proposal and promulgation
                                      Sources.                and want to comply 3 years
                                                              after effective date.
Sec.   63.9(e).....................  Notification of         Notify Administrator 60      Yes.
                                      Performance Test.       days prior.
Sec.   63.9(f).....................  Notification of VE/     Notify Administrator 30      No.
                                      Opacity Test.           days prior.
Sec.   63.9(g).....................  Additional              Notification of performance  Yes, however, there
                                      Notifications When      evaluation; notification     are no opacity
                                      Using CMS.              about use of COMS data;      standards.
                                                              notification that exceeded
                                                              criterion for relative
                                                              accuracy alternative.
Sec.   63.9(h) (1)-(6).............  Notification of         Contents due 60 days after   Yes, however, there
                                      Compliance Status.      end of performance test or   are no opacity
                                                              other compliance             standards.
                                                              demonstration, except for
                                                              opacity/VE, which are due
                                                              30 days after; when to
                                                              submit to Federal vs.
                                                              State authority.
Sec.   63.9(i).....................  Adjustment of           Procedures for               Yes.
                                      Submittal Deadlines.    Administrator to approve
                                                              change when notifications
                                                              must be submitted.
Sec.   63.9(j).....................  Change in Previous      Must submit within 15 days   Yes.
                                      Information.            after the change.
Sec.   63.10(a)....................  Record-keeping/         Applies to all, unless       Yes.
                                      Reporting.              compliance extension; when
                                                              to submit to Federal vs.
                                                              State authority;
                                                              procedures for owners of
                                                              more than one source.
Sec.   63.10(b)(1).................  Record-keeping/         General requirements; keep   Yes.
                                      Reporting.              all records readily
                                                              available; keep for 5
                                                              years.
Sec.   63.10(b)(2)(i)-(iv).........  Records Related to SSM  Occurrence of each for       Yes.
                                                              operations (process
                                                              equipment); occurrence of
                                                              each malfunction of air
                                                              pollution control
                                                              equipment; maintenance on
                                                              air pollution control
                                                              equipment; actions during
                                                              SSM.
Sec.   63.10(b)(2)(vi)-(xi)........  CMS Records...........  Malfunctions, inoperative,   Yes.
                                                              out-of-control periods.
Sec.   63.10(b)(2)(xii)............  Records...............  Records when under waiver..  Yes.
Sec.   63.10(b)(2)(xiii)...........  Records...............  Records when using           Yes.
                                                              alternative to relative
                                                              accuracy test.
Sec.   63.10(b)(2)(xiv)............  Records...............  All documentation            Yes.
                                                              supporting initial
                                                              notification and
                                                              notification of compliance
                                                              status.
Sec.   63.10(b)(3).................  Records...............  Applicability                Yes.
                                                              determinations.
Sec.   63.10(c)....................  Records...............  Additional records for CMS.  No.
Sec.   63.10(d)(1).................  General Reporting       Requirement to report......  Yes.
                                      Requirements.
Sec.   63.10(d)(2).................  Report of Performance   When to submit to Federal    Yes.
                                      Test Results.           or State authority.
Sec.   63.10(d)(3).................  Reporting Opacity or    What to report and when....  No.
                                      VE Observations.
Sec.   63.10(d)(4).................  Progress Reports......  Must submit progress         Yes.
                                                              reports on schedule if
                                                              under compliance extension.
Sec.   63.10(d)(5).................  SSM Reports...........  Contents and submission....  Yes.
Sec.   63.10(e)(1)-(2).............  Additional CMS Reports  Must report results for      No.
                                                              each CEMS on a unit;
                                                              written copy of CMS
                                                              performance evaluation; 2-
                                                              3 copies of COMS
                                                              performance evaluation.
Sec.   63.10(e)(3)(i)-(iii)........  Reports...............  Schedule for reporting       Yes, note that Sec.
                                                              excess emissions.            63.11095 specifies
                                                                                excess emission
                                                                                events for this
                                                                                subpart.

Sec.   63.10(e)(3)(iv)-(v).........  Excess Emissions        Requirement to revert to     Yes, Sec.   63.11095
                                      Reports.                quarterly submission if      specifies excess
                                                              there is an excess           emission events for
                                                              emissions and parameter      this subpart.
                                                              monitor exceedances (now
                                                              defined as deviations);
                                                              provision to request
                                                              semiannual reporting after
                                                              compliance for 1 year;
                                                              submit report by 30th day
                                                              following end of quarter
                                                              or calendar half; if there
                                                              has not been an exceedance
                                                              or excess emissions (now
                                                              defined as deviations),
                                                              report contents in a
                                                              statement that there have
                                                              been no deviations; must
                                                              submit report containing
                                                              all of the information in
                                                              Sec.  Sec.   63.8(c)(7)-
                                                              (8) and 63.10(c)(5)-(13).
Sec.   63.10(e)(3)(vi)-(viii)......  Excess Emissions        Requirements for reporting   Yes.
                                      Report and Summary      excess emissions for CMS;
                                      Report.                 requires all of the
                                                              information in Sec.  Sec.
                                                               63.8(c)(7)-(8) and
                                                              63.10(c)(5)-(13).
Sec.   63.10(e)(4).................  Reporting COMS Data...  Must submit COMS data with   Yes.
                                                              performance test data.
Sec.   63.10(f)....................  Waiver for              Procedures for               Yes.
                                      Recordkeeping/          Administrator to waive.
                                      Reporting.
Sec.   63.11(b)....................  Flares................  Requirements for flares....  Yes, the section
                                                                                references Sec.
                                                                                63.11(b).
Sec.   63.12.......................  Delegation............  State authority to enforce   Yes.
                                                              standards.
Sec.   63.13.......................  Addresses.............  Addresses where reports,     Yes.
                                                              notifications, and
                                                              requests are sent.
Sec.   63.14.......................  Incorporations by       Test methods incorporated    Yes.
                                      Reference.              by reference.
Sec.   63.15.......................  Availability of         Public and confidential      Yes.
                                      Information.            information.
----------------------------------------------------------------------------------------------------------------

0
4. Part 63 is amended by adding a new subpart CCCCCC to read as
follows:

Subpart CCCCCC--National Emission Standards for Hazardous Air
Pollutants for Source Category: Gasoline Dispensing Facilities

Sec.

What This Subpart Covers

63.11110 What is the purpose of this subpart?
63.11111 Am I subject to the requirements in this subpart?
63.11112 What parts of my affected source does this subpart cover?
63.11113 When do I have to comply with this subpart?

Emission Limitations and Management Practices

63.11116 Requirements for facilities with monthly throughput of less
than 10,000 gallons of gasoline.
63.11117 Requirements for facilities with monthly throughput of
10,000 gallons of gasoline or more.
63.11118 Requirements for facilities with monthly throughput of
100,000 gallons of gasoline or more.

Testing and Monitoring Requirements

63.11120 What testing and monitoring requirements must I meet?

Notification, Records, and Reports

63.11124 What notifications must I submit and when?
63.11125 What are my recordkeeping requirements?
63.11126 What are my reporting requirements?

Other Requirements and Information

63.11130 What parts of the General Provisions apply to me?
63.11131 Who implements and enforces this subpart?
63.11132 What definitions apply to this subpart?

Tables to Subpart CCCCCC of Part 63

Table 1 to Subpart CCCCCC of Part 63--Applicability Criteria and
Management Practices for Gasoline Dispensing Facilities with Monthly
Throughput of 100,000 Gallons of Gasoline or More
Table 2 to Subpart CCCCCC of Part 63--Applicability Criteria and
Management Practices for Gasoline Cargo Tanks Unloading at Gasoline
Dispensing Facilities with Monthly Throughput of 100,000 Gallons of
Gasoline or More
Table 3 to Subpart CCCCCC of Part 63--Applicability of General
Provisions

Subpart CCCCCC--National Emission Standards for Hazardous Air
Pollutants for Source Category: Gasoline Dispensing Facilities

What This Subpart Covers

Sec.  63.11110  What is the purpose of this subpart?

    This subpart establishes national emission limitations and
management practices for hazardous air pollutants (HAP) emitted from
the loading of gasoline storage tanks at gasoline dispensing facilities
(GDF). This subpart also establishes requirements to demonstrate
compliance with the emission limitations and management practices.

Sec.  63.11111  Am I subject to the requirements in this subpart?

    (a) The affected source to which this subpart applies is each GDF
that is located at an area source. The affected source includes each
gasoline cargo tank during the delivery of product to a GDF and also
includes each storage tank.
    (b) If your GDF has a monthly throughput of less than 10,000
gallons of gasoline, you must comply with the requirements in Sec.
63.11116.
    (c) If your GDF has a monthly throughput of 10,000 gallons of
gasoline or more, you must comply with the requirements in Sec.
63.11117.
    (d) If your GDF has a monthly throughput of 100,000 gallons of
gasoline or more, you must comply with the requirements in Sec.
63.11118.
    (e) An affected source shall, upon request by the Administrator,
demonstrate that their average monthly throughput is less than the
10,000-gallon or the 100,000-gallon threshold level, as applicable.
    (f) If you are an owner or operator of affected sources, as defined
in paragraph (a) of this section, you are not required to obtain a
permit under 40 CFR part 70 or 40 CFR part 71 as a result of being
subject to this subpart. However, you must still apply for and obtain a
permit under 40 CFR part 70 or 40 CFR part 71 if you meet one or more
of the applicability criteria found in 40 CFR 70.3(a) and (b) or 40 CFR
71.3(a) and (b).

    (g) The loading of aviation gasoline storage tanks at airports is
not subject to this subpart and the aviation gasoline is not included
in the gasoline throughput specified in paragraphs (b) through (e) of
this section.

Sec.  63.11112  What parts of my affected source does this subpart
cover?

    (a) The emission sources to which this subpart applies are gasoline
storage tanks and associated equipment components in vapor or liquid
gasoline service at new, reconstructed, or existing GDF that meet the
criteria specified in Sec.  63.11111. Pressure/Vacuum vents on gasoline
storage tanks and the equipment necessary to unload product from cargo
tanks into the storage tanks at GDF are covered emission sources. The
equipment used for the refueling of motor vehicles is not covered by
this subpart.
    (b) An affected source is a new affected source if you commenced
construction on the affected source after November 9, 2006, and you
meet the applicability criteria in Sec.  63.11111 at the time you
commenced operation.
    (c) An affected source is reconstructed if you meet the criteria
for reconstruction as defined in Sec.  63.2.
    (d) An affected source is an existing affected source if it is not
new or reconstructed.

Sec.  63.11113  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (a)(1) and (2) of this
section.
    (1) If you start up your affected source before January 10, 2008,
you must comply with the standards in this subpart no later than
January 10, 2008.
    (2) If you start up your affected source after January 10, 2008,
you must comply with the standards in this subpart upon startup of your
affected source.
    (b) If you have an existing affected source, you must comply with
the standards in this subpart no later than January 10, 2011.
    (c) If you have an existing affected source that becomes subject to
the control requirements in this subpart because of an increase in the
average monthly throughput, as specified in Sec.  63.11111(c) or Sec.
63.11111(d), you must comply with the standards in this subpart no
later than 3 years after the affected source becomes subject to the
control requirements in this subpart.

Emission Limitations and Management Practices

Sec.  63.11116  Requirements for facilities with monthly throughput of
less than 10,000 gallons of gasoline.

    (a) You must not allow gasoline to be handled in a manner that
would result in vapor releases to the atmosphere for extended periods
of time. Measures to be taken include, but are not limited to, the
following:
    (1) Minimize gasoline spills;
    (2) Clean up spills as expeditiously as practicable;
    (3) Cover all open gasoline containers and all gasoline storage
tank fill-pipes with a gasketed seal when not in use;
    (4) Minimize gasoline sent to open waste collection systems that
collect and transport gasoline to reclamation and recycling devices,
such as oil/water separators.
    (b) You are not required to submit notifications or reports, but
you must have records available within 24 hours of a request by the
Administrator to document your gasoline throughput.
    (c) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11113.

Sec.  63.11117  Requirements for facilities with monthly throughput of
10,000 gallons of gasoline or more.

    (a) You must comply with the requirements in section Sec.
63.11116(a).
    (b) Except as specified in paragraph (c), you must only load
gasoline into storage tanks at your facility by utilizing submerged
filling, as defined in Sec.  63.11132, and as specified in paragraph
(b)(1) or paragraph (b)(2) of this section.
    (1) Submerged fill pipes installed on or before November 9, 2006,
must be no more than 12 inches from the bottom of the storage tank.
    (2) Submerged fill pipes installed after November 9, 2006, must be
no more than 6 inches from the bottom of the storage tank.
    (c) Gasoline storage tanks with a capacity of less than 250 gallons
are not required to comply with the submerged fill requirements in
paragraph (b) of this section, but must comply only with all of the
requirements in Sec.  63.11116.
    (d) You must have records available within 24 hours of a request by
the Administrator to document your gasoline throughput.
    (e) You must submit the applicable notifications as required under
Sec.  63.11124(b).
    (f) You must comply with the requirements of this subpart by the
applicable dates contained in Sec.  63.11113.

Sec.  63.11118  Requirements for facilities with monthly throughput of
100,000 gallons of gasoline or more.

    (a) You must comply with the requirements in Sec. Sec.  63.11116(a)
and 63.11117(b).
    (b) Except as provided in paragraph (c) of this section, you must
meet the requirements in either paragraph (b)(1) or paragraph (b)(2) of
this section.
    (1) Each management practice in Table 1 to this subpart that
applies to your GDF.
    (2) If, prior to January 10, 2008, you satisfy the requirements in
both paragraphs (b)(2)(i) and (ii) of this section, you will be deemed
in compliance with this subsection.
    (i) You operate a vapor balance system at your GDF that meets the
requirements of either paragraph (b)(2)(i)(A) or paragraph (b)(2)(i)(B)
of this section.
    (A) Achieves emissions reduction of at least 90 percent.
    (B) Operates using management practices at least as stringent as
those in Table 1 to this subpart.
    (ii) Your gasoline dispensing facility is in compliance with an
enforceable State, local, or tribal rule or permit that contains
requirements of either paragraph (b)(2)(i)(A) or paragraph (b)(2)(i)(B)
of this section.
    (c) The emission sources listed in paragraphs (c)(1) through (3) of
this section are not required to comply with the control requirements
in paragraphs (a) and (b) of this section, but must comply with the
requirements in Sec.  63.11116.
    (1) Gasoline storage tanks with a capacity of less than 250 gallons
that are constructed after January 10, 2008.
    (2) Gasoline storage tanks with a capacity of less than 2,000
gallons that were constructed before January 10, 2008.
    (3) Gasoline storage tanks equipped with floating roofs, or the
equivalent.
    (d) Cargo tanks unloading at GDF must comply with the management
practices in Table 2 to this subpart.
    (e) You must comply with the applicable testing requirements
contained in Sec.  63.11120.
    (f) You must submit the applicable notifications as required under
Sec.  63.11124.
    (g) You must keep records and submit reports as specified in
Sec. Sec.  63.11125 and 63.11126.
    (h) You must comply with the requirements of this subpart by the
applicable dates contained in Sec.  63.11113.

Testing and Monitoring Requirements

Sec.  63.11120  What testing and monitoring requirements must I meet?

    (a) Each owner or operator, at the time of installation of a vapor
balance system required under Sec.  63.11118(b)(1), and every 3 years
thereafter, must comply with the requirements in paragraphs (a)(1) and
(2) of this section.
    (1) You must demonstrate compliance with the leak rate and cracking
pressure requirements, specified in item 1(g) of Table 1 to this
subpart, for pressure-vacuum vent valves installed on your gasoline
storage tanks using the test methods identified in paragraph (a)(1)(i)
or paragraph (a)(1)(ii) of this section.
    (i) California Air Resources Board Vapor Recovery Test Procedure
TP-201.1E,--Leak Rate and Cracking Pressure of Pressure/Vacuum Vent
Valves, adopted October 8, 2003 (incorporated by reference, see Sec.
63.14).
    (ii) Use alternative test methods and procedures in accordance with
the alternative test method requirements in Sec.  63.7(f).
    (2) You must demonstrate compliance with the static pressure
performance requirement, specified in item 1(h) of Table 1 to this
subpart, for your vapor balance system by conducting a static pressure
test on your gasoline storage tanks using the test methods identified
in paragraph (a)(2)(i) or paragraph (a)(2)(ii) of this section.
    (i) California Air Resources Board Vapor Recovery Test Procedure
TP-201.3,--Determination of 2-Inch WC Static Pressure Performance of
Vapor Recovery Systems of Dispensing Facilities, adopted April 12,
1996, and amended March 17, 1999 (incorporated by reference, see Sec.
63.14).
    (ii) Use alternative test methods and procedures in accordance with
the alternative test method requirements in Sec.  63.7(f).
    (b) Each owner or operator choosing, under the provisions of Sec.
63.6(g), to use a vapor balance system other than that described in
Table 1 to this subpart must demonstrate to the Administrator or
delegated authority under paragraph Sec.  63.11131(a) of this subpart,
the equivalency of their vapor balance system to that described in
Table 1 to this subpart using the procedures specified in paragraphs
(b)(1) through (3) of this section.
    (1) You must demonstrate initial compliance by conducting an
initial performance test on the vapor balance system to demonstrate
that the vapor balance system achieves 95 percent reduction using the
California Air Resources Board Vapor Recovery Test Procedure TP-
201.1,--Volumetric Efficiency for Phase I Vapor Recovery Systems,
adopted April 12, 1996, and amended February 1, 2001, and October 8,
2003, (incorporated by reference, see Sec.  63.14).
    (2) You must, during the initial performance test required under
paragraph (b)(1) of this section, determine and document alternative
acceptable values for the leak rate and cracking pressure requirements
specified in item 1(g) of Table 1 to this subpart and for the static
pressure performance requirement in item 1(h) of Table 1 to this
subpart.
    (3) You must comply with the testing requirements specified in
paragraph (a) of this section.

Notifications, Records, and Reports

Sec.  63.11124  What notifications must I submit and when?

    (a) Each owner or operator subject to the control requirements in
Sec.  63.11117 must comply with paragraphs (a)(1) through (4) of this
section.
    (1) You must submit an Initial Notification that you are subject to
this subpart by May 9, 2008, or at the time you become subject to the
control requirements in Sec.  63.11117, unless you meet the
requirements in paragraph (a)(3) of this section. The Initial
Notification must contain the information specified in paragraphs
(a)(1)(i) through (iii) of this section. The notification must be
submitted to the applicable EPA Regional Office and delegated State
authority as specified in Sec.  63.13.
    (i) The name and address of the owner and the operator.
    (ii) The address (i.e., physical location) of the GDF.
    (iii) A statement that the notification is being submitted in
response to this subpart and identifying the requirements in paragraphs
(a), (b), and (c)(1) or paragraph (c)(2) of Sec.  63.11117 that apply
to you.
    (2) You must submit a Notification of Compliance Status to the
applicable EPA Regional Office and the delegated State authority, as
specified in Sec.  63.13, by the compliance date specified in Sec.
63.11113 unless you meet the requirements in paragraph (a)(3) of this
section. The Notification of Compliance Status must be signed by a
responsible official who must certify its accuracy and must indicate
whether the source has complied with the requirements of this subpart.
If your facility is in compliance with the requirements of this subpart
at the time the Initial Notification required under paragraph (a)(1) of
this section is due, the Notification of Compliance Status may be
submitted in lieu of the Initial Notification provided it contains the
information required under paragraph (a)(1) of this section.
    (3) If, prior to January 10, 2008, you are operating in compliance
with an enforceable State, local, or tribal rule or permit that
requires submerged fill as specified in Sec.  63.11117(b), you are not
required to submit an Initial Notification or a Notification of
Compliance Status under paragraph (a)(1) or paragraph (a)(2) of this
section.
    (b) Each owner or operator subject to the control requirements in
Sec.  63.11118 must comply with paragraphs (b)(1) through (5) of this
section.
    (1) You must submit an Initial Notification that you are subject to
this subpart by May 9, 2008, or at the time you become subject to the
control requirements in Sec.  63.11118. The Initial Notification must
contain the information specified in paragraphs (b)(1)(i) through (iii)
of this section. The notification must be submitted to the applicable
EPA Regional Office and the delegated State authority as specified in
Sec.  63.13.
    (i) The name and address of the owner and the operator.
    (ii) The address (i.e., physical location) of the GDF.
    (iii) A statement that the notification is being submitted in
response to this subpart and identifying the requirements in paragraphs
(a) through (d) of Sec.  63.11118 that apply to you.
    (2) You must submit a Notification of Compliance Status to the
applicable EPA Regional Office and the delegated State authority, as
specified in Sec.  63.13, by the compliance date specified in Sec.
63.11113. The Notification of Compliance Status must be signed by a
responsible official who must certify its accuracy and must indicate
whether the source has complied with the requirements of this subpart.
If your facility is in compliance with the requirements of this subpart
at the time the Initial Notification required under paragraph (b)(1) of
this section is due, the Notification of Compliance Status may be
submitted in lieu of the Initial Notification provided it contains the
information required under paragraph (b)(1) of this section.
    (3) If, prior to January 10, 2008, you satisfy the requirements in
both paragraphs (b)(3)(i) and (ii) of this section, you are not
required to submit an Initial Notification or a Notification of
Compliance Status under paragraph (b)(1) or paragraph (b)(2) of this
subsection.
    (i) You operate a vapor balance system at your gasoline dispensing
facility that meets the requirements of

either paragraphs (b)(3)(i)(A) or (b)(3)(i)(B) of this section.
    (A) Achieves emissions reduction of at least 90 percent.
    (B) Operates using management practices at least as stringent as
those in Table 1 to this subpart.
    (ii) Your gasoline dispensing facility is in compliance with an
enforceable State, local, or tribal rule or permit that contains
requirements of either paragraphs (b)(3)(i)(A) or (b)(3)(i)(B) of this
section.
    (4) You must submit a Notification of Performance Test, as
specified in Sec.  63.9(e), prior to initiating testing required by
Sec.  63.11120(a) and (b).
    (5) You must submit additional notifications specified in Sec.
63.9, as applicable.

Sec.  63.11125  What are my recordkeeping requirements?

    (a) Each owner or operator subject to the management practices in
Sec.  63.11118 must keep records of all tests performed under Sec.
63.11120(a) and (b).
    (b) Records required under paragraph (a) of this section shall be
kept for a period of 5 years and shall be made available for inspection
by the Administrator's delegated representatives during the course of a
site visit.

Sec.  63.11126  What are my reporting requirements?

    Each owner or operator subject to the management practices in Sec.
63.11118 shall report to the Administrator the results of all
volumetric efficiency tests required under Sec.  63.11120(b). Reports
submitted under this paragraph must be submitted within 180 days of the
completion of the performance testing.

Other Requirements and Information

Sec.  63.11130  What parts of the General Provisions apply to me?

    Table 3 to this subpart shows which parts of the General Provisions
apply to you.

Sec.  63.11131  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as the applicable State, local, or tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or
tribal agencies are as specified in paragraphs (c)(1) through (3) of
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.
63.11116 through 63.11118 and 63.11120.
    (2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in
this subpart.
    (3) Approval of major alternatives to recordkeeping and reporting
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in
this subpart.

Sec.  63.11132  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have
the meaning given them in the Clean Air Act (CAA), or in subparts A and
BBBBBB of this part. For purposes of this subpart, definitions in this
section supersede definitions in other parts or subparts.
    Dual-point vapor balance system means a type of vapor balance
system in which the storage tank is equipped with an entry port for a
gasoline fill pipe and a separate exit port for a vapor connection.
    Gasoline cargo tank means a delivery tank truck or railcar which is
loading gasoline or which has loaded gasoline on the immediately
previous load.
    Gasoline dispensing facility (GDF) means any stationary facility