determined at the POG; however, our intent was that the benzene quantity
be determined at the POG for uncontrolled wastes and when the waste
first exits a controlled waste management unit (before exposure to the
atmosphere) for wastes that are controlled for benzene emissions.  We
are proposing changes to the rule to make these clarifications.  We are
also clarifying that if waste streams are aggregated or mixed for
treatment (even with those waste streams that are exempted under the 2
Mg/yr compliance option), then the owner or operator is allowed a 1
Mg/yr exemption from the standards (under §61.348(b)(2)) for waste
management units receiving waste streams with a benzene concentration
less than 10 ppmw downstream from the mixing.

Some commenters have questioned whether the dilution prohibition in
§61.348(a)(3) applies to the aggregation or mixing of wastes to
facilitate management or treatment in a wastewater treatment system as
allowed in §61.348(a)(5).  We are clarifying in this preamble
discussion that the dilution prohibition does not apply to
§61.348(a)(5) and that it specifically applies only to wastes treated
in accordance with §61.348(a)(1)(i), which is a requirement to treat
the waste to remove benzene from the waste stream to a level less than
10 ppmw.  The control of the inlet concentration is especially important
for the proper operation of an enhanced biodegradation unit, and the
dilution prohibition was never intended for such units or for other
wastewater treatment units managing waste streams according to
§61.348(a)(5).  The rule is clear on this point as written;
consequently, we are not proposing any rule changes or clarifications to
address this question.

A few commenters asked if the treatment option for 99 percent removal of
benzene applied to each phase of a waste with both an oil phase and a
water phase or to the waste as a whole.  The concern was that a facility
could achieve 99 percent control simply by decanting the oil phase.  The
rule clearly requires the overall removal or destruction of 99 percent
of the benzene; consequently, the form of the waste is not relevant in
achieving this limit.  Moreover, it is difficult to envision a scenario
where phase separation would remove 99 percent of the benzene.

	The standards for treatment processes include options based on
compliance with other regulatory requirements, such as those developed
for hazardous wastes or for wastewater discharges.  For example, a
treatment process or waste stream is in compliance with the rule if the
waste stream is treated to a level that meets benzene-specific effluent
limitations or performance standards in accordance with Effluent
Guidelines and Standards in 40 CFR parts 401-464, and the treatment
process has a closed-vent system and control device that meets the rule
requirements.  See §61.348(d)(4).  When we developed this option, we
expected that the benzene concentration in the final discharge would
have to be low to meet direct discharge limits to surface water.
However, this option also includes the opportunity for the facility to
send wastewater with high benzene concentrations and large benzene
quantities to a publicly-owned treatment works (POTW) for treatment
prior to discharge.  Benzene would be emitted during the transfer to the
POTW and at the POTW, and the high benzene emissions could result in
high levels of risk to the exposed population.  Our intent in allowing
offsite waste treatment was that the offsite facility would achieve a
level of emission control equivalent to the level of control that would
have been achieved onsite under the rule.  In addition, there are no
benzene-specific effluent limitations or performance standards;
consequently, this option has no value or practical application, and in
addition, could result in significant benzene emissions.  For these
reasons, we propose amending the rule to delete §61.348(d)(4).

	For the 6 Mg/yr benzene quantity compliance option, we are proposing
that the benzene quantity determination be made as we described above
for the 2 Mg/yr exemption to more accurately reflect the actual
operations at a facility during the year for which it is determined.  A
more accurate and realistic procedure for making the benzene quantity
determination for a given year would be to use the actual waste
quantities for that year as we are proposing.

We are clarifying that organic waste streams (i.e., those with a water
content of 10 percent or less) should not be  included under the 6 Mg/yr
benzene quantity option if they have a benzene concentration of less
than 10 ppmw.  Our intent was not to require control of organic waste
streams with less than 10 ppmw benzene, as we stated in the original
proposal preamble (58 FR 3085).  The combination of low benzene
concentration, small waste quantities, and the low volatility of benzene
in organic wastes compared to the volatility of benzene in aqueous
wastes indicate that these organic wastes have a low emission potential
for benzene.  These wastes are usually managed in a manner to recover
and recycle the organic material, and in the event they were ever added
to or managed with aqueous wastes (e.g., in a wastewater treatment
system), the resulting mixture would be subject to the control and
treatment requirements in the rule.  Consequently, we are proposing to
clarify that wastes with 10 percent or less water (organic wastes) and a
benzene concentration less than 10 ppmw are not included in the
calculation of benzene quantity for the 6 Mg/yr benzene quantity
compliance option.

	We are proposing clarifications related to the waste streams to be
included in determining the 6 Mg/yr benzene quantity and where the
determination is made.  The rule states that the benzene in wastes
entering an enhanced biodegradation unit are not counted toward the 6
Mg/yr if the benzene concentration is less than 10 ppmw and all prior
waste management units managing the wastes were in compliance with the
rule’s requirements for those management units.  The second part of
this provision results in making the 6 Mg/yr benzene quantity option
essentially useless if even only one uncontrolled waste stream enters
the enhanced biodegradation unit because all benzene entering the unit
would then be counted toward the 6 Mg/yr.  This was not our intent when
we developed the compliance option.  Consequently, we are proposing to
delete the requirement in §63.355(k)(4)(ii) that all prior waste
management units must be controlled according to the rule in order to
exclude the benzene quantity in a waste stream entering the
biodegradation unit from the 6 Mg/yr determination.

We are also clarifying our intent with respect to the reference to
§61.348(a) in the determination of the 6 Mg/yr benzene quantity in
paragraphs §61.355(k)(1) and (2).  Our intent was to require that the
determination be made either at the POG or at the outlet of waste
management units that are controlled for air emissions according to the
requirements of §§61.343 through 61.347, including waste management
units that are also treatment devices.  We included the reference to
§61.348(a) to make clear that waste treatment devices were included in
the list of waste management units controlled for air emissions.
However, we agree that the reference to §61.348(a) is confusing because
the 6 Mg/yr option does not require treatment to the levels specified in
§61.348(a).  Therefore, we are eliminating the reference to §61.348(a)
in these paragraphs and are clarifying that waste treatment devices are
included by adding “or treats” to the phrase “as applicable to the
waste management unit that manages or treats the waste” when
referencing the air emission control requirements of §§61.343 through
61.347.

	We are proposing changes to the monitoring requirements for the 6 Mg/yr
compliance option.  We propose that the benzene concentration of each
waste stream entering an enhanced biodegradation unit be determined at
least monthly to ensure it is less than 10 ppmw.  These monitoring
requirements are important to ensure that the units are properly
designed and operated and that the performance requirements are met on a
continuing basis.  Consequently, we are proposing to revise the rule to
apply the inlet monitoring requirements to provide assurance that
benzene emissions are controlled in the manner and to the degree that
they should be under that option.

	We are proposing to correct an inadvertent omission in the notification
requirements for the 6 Mg/yr benzene quantity option when the owner or
operator chooses to comply with the requirements for certain waste
streams by transferring the wastes offsite to another facility for
treatment.  For this compliance option, the rule currently does not
require a notice to be included with each offsite waste shipment stating
that the waste contains benzene and must be managed and treated in
accordance with the rule’s provisions.  Although the benzene quantity
in the waste transferred offsite is included in the 6 Mg/yr allowance,
the receiving facility needs to be informed that the waste contains
benzene and may contribute to the receiving facility’s TAB
determination.  Such a notification is required for all other instances
when transfer offsite for treatment is used to comply with the rule.  We
are proposing to clarify that facilities using the 6 Mg/yr benzene
quantity option must include this notice with each offsite waste
shipment when using offsite treatment of the waste to meet the
requirements of the rule.

3.  Proposed Clarifications to the Monitoring Provisions

Since the rule was promulgated, carbon canisters have been widely used
as control devices to meet certain rule requirements.  Monitoring
frequency and carbon replacement requirements in the rule are based on
the design carbon replacement interval or maximum design flow rate.
Several commenters have pointed out that the emission sources that use
the carbon canisters can have wide variations in their emission
characteristics; consequently, historical information based on the
actual application of the canisters at a specific emission source is
much more reliable than a theoretical design calculation.  In
particular, historical data provide a much better prediction of the
carbon replacement interval than would a design calculation.  We agree
and propose to revise the rule to allow the use of historical data from
actual operating experience rather than design data for determining the
carbon replacement interval and monitoring frequency.

We are proposing clarifications that define breakthrough and how soon
the carbon must be replaced after breakthrough based on requirements
that have been applied to such control systems at many facilities
managing benzene wastes.  We propose that breakthrough occurs when a
concentration equal to or greater than 50 ppmw organic compounds or 5
ppmw benzene is detected at the outlet of the carbon canister, or for
dual canisters operated in series, at the outlet of the first canister.
We are also proposing that after breakthrough occurs, the carbon must be
replaced within 8 hours of the detection of breakthrough for canisters
of 55 gallons or less and within 24 hours of the detection of a
breakthrough for canisters greater than 55 gallons.

 	Many facilities have installed two carbon canisters in series and
monitor the outlet concentration from the first canister.  This approach
ensures that there is adequate time to replace spent carbon before
breakthrough occurs on the second canister, and it eliminates emissions
during the time following breakthrough until the carbon is replaced.  We
are proposing a monitoring option for two carbon canisters in series to
provide flexibility for this method of operation and to be consistent
with monitoring requirements already applied to these dual canisters.
The proposed option would allow monitoring the concentration in the
exhaust vent stream from the first canister in the series but before the
second canister on a monthly basis or at intervals no greater than 20
percent of the carbon replacement interval for a single canister system,
whichever is more frequent.  If the owner or operator chooses to monitor
a canister system for benzene and detects between 1 ppm and 5 ppm
benzene between the primary and secondary canisters, the option would
then require monitoring for breakthrough (at 5 ppm benzene) between the
primary and secondary carbon canisters weekly or at intervals no greater
than 20 percent of the carbon replacement interval for a single canister
system, whichever is more frequent.  In lieu of replacing the primary
canister within the specified time frame, the owner or operator with
dual canisters in series would be allowed to elect to monitor the outlet
of the secondary canister beginning on the day the breakthrough between
the primary and secondary canister is identified and each calendar day
thereafter.  This daily monitoring would continue until the primary
canister is replaced.  If the constituent being monitored (either
benzene or organic compounds) is detected at the outlet of the secondary
canister during this period of daily monitoring, both canisters would
have to be replaced within 8 hours of the detection of breakthrough.

	We have received comments and questions related to vacuum trucks, which
are subject to the requirements for containers, and specifically the
requirement for no detectable emissions for covered openings.  The
covered openings for vacuum trucks are insignificant sources of
emissions, and the monitoring to show no detectable emissions can be
burdensome.  In addition, the exhaust from the vacuum vent when the
vacuum truck is operating is a much more significant source of
emissions; however, the rule does not require control of the vented
exhaust because there is no practical demonstrated control device.  We
are proposing to exempt vacuum trucks from the requirement for no
detectable emissions from covered openings.  We are also requesting
public comment and additional information on this exemption and
potential emission controls for vacuum trucks.

4.  Impacts of the Proposed Clarifications

	We evaluated the potential impacts of the various proposed rules
changes and concluded that some changes would result in a small increase
in the monitoring and reporting burden for a few facilities and some
would result in a large decrease in the burden for a few facilities.  We
estimate there will not be an overall increase in burden but instead an
overall decrease, and there will not be any significant cost impact on
any individual facility.  EPA requests comment on our analysis of the
burden of the proposed revisions to the BWON as they apply to petroleum
refinieries as well as to all other affected source categories (e.g.,
chemical manufacturing plants, coke by-product recovery plants, and
hazardous waste treatment, storage, and disposal facilities.

V.  Request for Comments

	We request comment on all aspects of the proposed rule.  All
significant comments received during the comment period will be
considered in the development and selection of the final rule.  In
addition to general comments on the proposed options (and for Option 2,
the proposed revised standards), we particularly request comments and
data on the following issues.  Comments must provide supporting
documentation in sufficient detail to allow characterization of the
quality and representativeness of the data or information.

1. Fenceline Monitoring ***TO BE PROVIDED (undergoing internal
review)***

Based on the residual risk results, one of the primary risk drivers from
the Refinery MACT 1 emission sources is benzene.  The primary releases
of benzene are fugitive emissions from process equipment, wastewater
treatment, storage tanks, and loading operations and generally occur
near ground level.  Thus, the highest benzene concentrations outside the
facility will likely occur near ground level at the property boundaries.
 Consequently, monitoring at the property boundary (fenceline) would
provide a measure of the annual average benzene concentrations
immediately surrounding the refinery, which might be useful in efforts
to eliminate uncertainties in emissions estimates.

2.  Removal of 1 Mg/yr Option from BWON

As noteddiscussed in section IV.H of this preamble, we are requesting
comment on: the need for a fenceline monitoring program, potential
monitoring methods (e.g., diffusive sampling or alternative active
sampling methods, alternative sorbents for measuring HAP other than
benzene), monitor siting, monitoring frequency, feasibility of various
monitoring approaches/methods, sampling and analytical precision and
accuracy, reliability of monitoring methods and devices, consideration
of non-facility related emissions, and sampling and analytical costs.
our proposal to remove the 1 Mg/yr option in 40 CFR 61.342(d)(2) of the
BWON rule.  We are specifically requesting comment on the merits of this
deletion and whether any commenter knows of any facility that has
applied the option in the past or under what circumstances a facility
might have chosen to use it in the future.

2.3.  Test Methods for Wastewater

	We are also requesting comment on the applicability and feasibility of
Method 5220 for the measurement of chemical oxygen demand (COD) in
wastewater treated by EBU and alternative COD methods.

3.  Applicability4.  Applicablity of Subpart A to Subpart CC

	In addition, we request comments on possible inconsistencies or errors
in Table 11 of the Appendix6 to subpart CC of 40 CFR part 63.  The
Appendix to subpart CCwhich addresses the application of the 40 CFR part
63 General Provisionsgeneral provisions in subpart A to subpart CC of 40
CFR part 63.  We have tried to make the Appendix to subpart CC
consistent with the Appendix A in subpart UUU, the other 40 CFR part 63
MACT standard affecting petroleum refineries.the existing rule.  We may
include a revised table in the final amendments to clarify and correct
various entries in the existing table if needed.  SEQ CHAPTER \h \r 1

VI.  Statutory and Executive Order Reviews

A.  Executive Order 12866:  Regulatory Planning and Review

	Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a “significant regulatory action” because it may raise
novel legal or policy issues.  Accordingly, EPA submitted this action to
the Office of Management and Budget (OMB) for review under Executive
Order 12866, and any changes made in response to OMB recommendations
have been documented in the docket for this action.

B.  Paperwork Reduction Act

	The information collection requirements in the proposed amendments to
the NESHAP for Petroleum Refining (40 CFR part 63, subpart CC) will be
submitted for approval towould not occur during the first 3 years that
the standards are in effect.  Therefore, we have not prepared an
information collection request for the proposed amendments.  The OMB
under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.  A separate
notice seeking public comment on thesehas previously approved the
information collection requirements will be published in the Federal
Register.in 40 CFR part 63, subpart CC, under the provisions of the
Paperwork Reduction Act, 44 U.S.C 3501 et seq. and has assigned OMB
control number 2060-0340, EPA ICR number

	The proposed amendments to the BWON do not impose any new information
collection burden.  These proposed amendments are clarifications of
existing requirements for determining the benzene content of wastewater
streams and other rule procedures.  We estimate that implementation of
these amendments, as proposed, will result in a slight cost savings for
the industries subject to the NESHAP requirements.  Therefore, we have
not prepared an ICR for the proposed amendments to subpart FF.  The OMB
has previously approved the information collection requirements contain
in 40 CFR part 61, subpart FF under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2060-0183, EPA ICR number 1541.06.

	A copy of the OMB-approved ICR for the National Emission Standards for
Benzene Waste Operations may be obtained from Susan Auby, Collection
Strategies Division (2822T), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460, by e-mail at   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>, or by calling (202)
566-1672.

	Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.

	An agency may not conduct or sponsor, and a person is not required to,
respond to a collection of information unless it displays a currently
valid OMB control number.  The OMB control numbers for EPA's regulations
in 40 CFR part 63 are listed in 40 CFR part 9.

C.  Regulatory Flexibility Act

	The Regulatory Flexibility Act generally requires an agency to prepare
a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule would not
have a significant economic impact on a substantial number of small
entities.  Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.

	For the purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as:  (1) a small business that
meets the Small Business Administration size standards for small
businesses at 13 CFR 121.201 (a firm having no more than 1,500 employees
and no more than 125,000 barrels per day of capacity of petroleum-based
inputs, including crude oil or bona fide feedstocks for NAICS code
32411)0; (2) a small governmental jurisdiction that is a government of a
city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.

	After considering the economic impacts of this proposed rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.  Based on our
analyses of both options, the amendmentsone option would either result
in a nationwide net cost of about $1.0 million or achieve a nationwide
net savings (i.e., a return) of about $41.0 million per year due to
reductions in product losses.  Only one affected small firm would two
heavy oil refineries would incur net costs as a result of the proposed
amendments; all other small or large firms owning affected refineries
would have net savings.  None of the two refineries with net costs is
owned by a small parent entity.  Net costs for the affected small
firmrefinery entities are well below 0.01 percent of itstheir revenue;
therefore, no adverse economic impacts are expected for any small or
large entity.  Thus, the costs associated with the proposal would not
result in any “significant” adverse economic impact for any small or
large entity.

	Although the proposed rule will not have a significant economic impact
on a substantial number of small entities, we nonetheless tried to
reduce the impact of the proposed rule on small entities.  We held
meetings with industry trade associations and company representatives to
discuss the proposed rule and have included provisions for small
facilities that address their concerns.  We continue to be interested in
the potential impacts of the proposed action on small entities and
welcome comments on issues related to such impacts.

D.  Unfunded Mandates Reform Act

	Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector.  Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with “Federal mandates” that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year.  Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule.  The provisions of section 205
do not apply when they are inconsistent with applicable law.  Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.  Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan.  The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.

	The EPA has determined that the proposed amendments do not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or to the
private sector in any 1one year.  As discussed earlier in this preamble,
these amendments result in nationwide net savings to the private sector.
 Thus, the proposed rule is not subject to the requirements of sections
202 and 205 of the UMRA.  In addition, the proposed amendments do not
significantly or uniquely affect small governments.  The proposed
amendments contain no requirements that apply to such governments, and
impose no obligations upon them.  TheTherefore, the proposed rule is not
subject to section 203 of the UMRA.

E.  Executive Order 13132:  Federalism

	Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999), requires EPA to develop an accountable process to ensure
“meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.”
 “Policies that have federalism implications” isare defined in the
Executive Order to include regulations that 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.”

	The proposed amendments do not have federalism implications.  They
would 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 proposed
amendments add control and performance demonstrationdo not impose any
requirements.  They do not modify existing responsibilities or create
new responsibilities among EPA Regional offices, States, or local
enforcement agencies. on State and local governments.  Thus, Executive
Order 13132 does not apply to the proposed amendments.

	In the spirit of Executive Order 13132, and consistent with EPA policy
to promote communications between EPA and State and local
governmentsofficials, EPA specifically solicits comments on these
proposed amendments from State and local officials.

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 96, 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.”  The proposed amendments do not have tribal
implications, as specified in Executive Order 13175.  They would not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
The proposed amendments impose no requirements on tribal governments.
Thus, Executive Order 13175 does not apply to the proposed amendments.

	EPA specifically solicits additional comment on these proposed
amendments from tribal officials.

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

	Executive Order 13045, Protection of Children from Environmental Health
Risks and Safety Risks (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, EPA 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.

	The proposed rule isamendments are not subject to the Executive Order
because they are not economically significant as defined in Executive
Order 12866, and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.  This conclusion is based on our
assessment of the information on the effects on human health and
exposures associated with petroleum refinery operations.

	The public is invited to submit or identify peer-reviewed studies and
data, of which the agency may not be aware, that assess results of early
like exposure to organic HAP emissions from petroleum refineries.

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

	The proposed amendments 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 the proposed amendments are not likely to have
any adverse energy effects because they resultonly a slight increase in
overall savings due to product recovery. energy requirements would
occur.

I.  National Technology Transfer and Advancement Act

	Section 12(d) of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 (NTTAA) (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.  The 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 decidesdoes not use available and
applicable VCS.

	This proposed rule involves technical standards.  EPA cites the
following methods in this rule:  EPA Method 8260B, “Volatile Organic
Compounds by Gas Chromatography/Mass Spectrometry (GC/MS),),” in
“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”
(incorporated by reference-see 40 CFR §63.14), for analysis of water
samples taken from cooling tower return lines; 40 CFR 61.355(c)(3) of
the National Emission Standards for Benzene Waste Operations for water
sample collection; and 40 CFR part 63, appendix C, for the fraction
biodegradation of benzene in enhanced biodegradation units (EBU).  This
proposed rule also cites the following VCS:  Method 5210,  "Biochemical
Oxygen Demand (BOD),)" for measuring BOD5 (for 5-day BOD), Method 5220,
"Chemical Oxygen Demand (COD),)" for measuring COD, and Method 2540E,
"Fixed and Volatile Solids Ignited at 500 degrees C," for measuring
mixed liquor volatile suspended solids (MLVSS) concentration, all in
“Standard Methods for the Examination of Water and Wastewater”
(incorporated by reference-see 40 CFR §63.14).

	Consistent with the NTTAA, EPA conducted searches to identify VCS in
addition to the methods cited in this proposed rule.  One VCS was found
that could potentially be applicable to this rule in lieu of Standard
Method 5220,  "Chemical Oxygen Demand (COD),)" for measuring COD.  This
potential standard is ASTM D1252-06, “Standard Test Methods for
Chemical Oxygen Demand (Dichromate Oxygen Demand) of Water..”  The EPA
requests comments on whether this standard should be reviewed for
relevancy to today’s proposed rule.  Based on the comments received,
the EPA will review this method for inclusion in the final rule.  No VCS
were found for the other methods cited in this rule.

	For the methods required or referenced by these proposed amendments, 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 under 40 CFR
§63.7(f) and 40 CFR §63.8(f) of subpart A of the General Provisions.
In general, EPA welcomes comments on this aspect of the proposed
amendments and, specifically, invites the public to identify other
potentially-applicable VCS and to explain why such standards should be
used in this regulation.

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 proposed amendments 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 proposed amendments add new control requirements to established
national standards for petroleum refineries.

List of Subjects in

40 CFR Part 61

	Environmental protection, Administrative practice and procedures, Air
pollution control, Hazardous substances, Reporting and recordkeeping
requirements.

40 CFR Part 63

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

Dated:

Stephen L. Johnson,

Administrator.	For the reasons stated in the preamble, title 40,
chapter I, partparts 61 and 63 of the Code of Federal Regulations isare
proposed to be amended as follows:

Part 63-PART 61-[AMENDED]

	1.  The authority citation for part 61 continues to read as follows:

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

Subpart FF-[Amended]

	2.  Section 61.341 is amended by revising the definitions of “Sour
water stripper” and “Waste stream” to read as follows:

§61.341  Definitions.

*  *  *  *  *

	Sour water stripper means a unit that:

	(1)  Is designed and operated to remove ammonia or sulfur compounds
(usually hydrogen sulfide) from sour water streams;

(2)  Has the sour water streams transferred to the stripper through hard
piping or other enclosed system;

(3)  Meets the requirements in §§61.343 and 61.349 for any storage
tanks or feed tanks that contain the sour water prior to the stripper;
and

(4)  Is operated in such a manner that the offgases are sent to a sulfur
recovery unit, processing unit, incinerator, flare, or other combustion
device.

*  *  *  *  *

	Waste stream means the waste generated by a particular process unit,
product tank, or waste management unit. The characteristics of the waste
stream (e.g., flow rate, benzene concentration, water content) are
determined at the point of waste generation.  Examples of a waste stream
include process wastewater, product tank drawdown, sludge removed from
process units or waste management units, slop oil, sour water skimmings,
spent caustic, material collected in blowdown or knock out drums,
cooling tower blowdown, and landfill leachate.  The fact that a material
is sold or recycled to the process does not preclude it from being a
waste stream.

*  *  *  *  *

	3.  Section 61.342 is amended by:

a.  Revising the last sentence in paragraph (a)(3) and adding paragraph
(a)(5);

b.  Revising paragraph (c)(3)(ii)(C);

c.  Removing and reserving paragraph (d);

	d.  Revising paragraph (e) introductory text and paragraph (e)(1); and

(e)  Adding paragraph (i).

§61.342  Standards:  General.

	(a)  *  *  *

	(3)  *  *  *  If the facility is managing remediation waste generated
offsite, the benzene in this waste shall be included in the calculation
of total annual benzene quantity in facility waste, if the waste streams
have an annual average water content greater than 10 percent, or if they
are mixed with water or other wastes at any time and the mixture has an
annual average water content greater than 10 percent, and if the
remediation waste was generated by a chemical manufacturing plant, coke
by-product recovery plant, or petroleum refinery.

*  *  *  *  *

(5)  The benzene in a waste received from offsite is included in the
calculation of the total annual benzene quantity if the waste was
generated by a chemical manufacturing plant, coke by-product recovery
plant, or petroleum refinery, and the waste has an annual average water
content greater than 10 percent, or if it is mixed with water or other
wastes at any time and the mixture has an annual average water content
greater than 10 percent.

*  *  *  *  *

	(c)  *  *  *

	(3)  *  *  *

	(ii)  *  *  *

	(C)   The total annual benzene quantity in a waste stream chosen for
exemption, including process unit turnaround waste and wastes from
startup, shutdown, and malfunction events (e.g., spills), is determined
for the year in which the waste is generated.

	(d)  [Reserved]

	(e)  As an alternative to the requirements specified in paragraph (c)
of this section, an owner or operator of a facility at which the total
annual benzene quantity from facility waste is equal to or greater than
10 Mg/yr (11 ton/yr) as determined in paragraph (a) of this section may
elect to manage and treat the facility waste as follows:

(1)  The owner or operator shall manage and treat facility waste with a
flow-weighted annual average water content of less than 10 percent in
accordance with the requirements of paragraphs (c)(1) and (2) of this
section; and

*  *  *  *  *

	(i)  The owner or operator of an existing source shall comply with
amendments to the requirements of this subpart that are effective as of
the date of publication of the final amendments in the Federal Register
no later than 3 years after the effective date.

	4.  Section 61.345 is amended by revising paragraph (a)(1)(i) to read
as follows:

§61.345  Standards:  Containers.

	(a)  *  *  *

	(1)  *  *  *

	(i)  The cover and all openings (e.g., bungs, hatches, and sampling
ports) shall be designed to operate with no detectable emissions as
indicated by an instrument reading of less than 500 ppmv above
background, initially and thereafter at least once per year by the
methods specified in §61.355(h) of this subpart.  The requirements in
paragraph (a)(1)(i) of this section do not apply to vacuum trucks.

*  *  *  *  *

	5.  Section 61.348 is amended by revising paragraph (b)(2)(ii)(B) and
removing and reserving paragraph (d)(4) to read as follows:

§61.348  Standards:  treatment processes.

	 (b)   *  *  *

(2)   *  *  *

(ii)  *  *  *

(B)   *  *  *  An enhanced biodegradation unit typically operates at a
food-to-microorganism ratio in the range of 0.05 to 1.0 kg of biological
oxygen demand per kg of biomass per day, a mixed liquor suspended solids
concentration in the range of 1 to 8 grams per liter (0.008 to 0.7
pounds per liter), and a residence time in the range of 3 to 36 hours.

*  *  *  *  *

	6.  Section 61.354 is amended by revising paragraphs (b) introductory
text and (d) to read as follows:

§61.354  Monitoring of operations.

*  *  *  *  *

	(b)  If an owner or operator complies with the requirements of
§61.348(b) or  §61.342(e), then the owner or operator shall monitor
each wastewater treatment system to ensure the unit is properly operated
and maintained by the appropriate monitoring procedure as follows:

*  *  *  *  *

(d)  For a carbon adsorption system that does not regenerate the carbon
bed directly onsite in the control device (e.g., a carbon canister),
comply with the requirements in paragraphs (d)(1) through (3) of this
section and either paragraph (d)(4) or (d)(5) of this section, as
applicable.

 (1)  Determine the carbon replacement interval from either design
calculations or historical data from actual operating experience.

(2)  For the purpose of implementing paragraphs (d)(4) and (5) of this
section, breakthrough occurs when a concentration equal to or greater
than 50 ppmw organic compounds or 5 ppmw benzene is detected at the
outlet of the carbon canister, or for dual canisters operated in series,
at the outlet of the first canister.

(3)  The carbon replacement required in paragraphs (d)(4) and (5) of
this section must be made within 8 hours of the detection of
breakthrough for canisters of 55 gallons or less and within 24 hours of
the detection of a breakthrough for canisters greater than 55 gallons.

(4)  Except as provided in paragraph (d)(5) of this section, monitor
either the concentration level of the organic compounds or the
concentration level of benzene in the exhaust vent stream from the
carbon adsorption system at intervals on a daily basis or at intervals
no greater than 20 percent of the carbon replacement interval, whichever
is greater, up to 80 percent of the carbon replacement interval.
Replace the carbon in the carbon adsorption system with fresh carbon if
breakthrough is detected.  At 80 percent of the carbon replacement
interval, either:

(i)  Replace the carbon in the carbon adsorption system with fresh
carbon; or

(ii)  Monitor either the concentration level of the organic compounds or
the concentration level of benzene in the exhaust vent stream from the
carbon adsorption system on a daily basis or at intervals no greater
than 10 percent of the carbon replacement interval, whichever is more
frequent, and replace the carbon in the carbon adsorption system with
fresh carbon when carbon breakthrough is indicated.

(5)  For a carbon adsorption system that employs two carbon canisters in
series, an owner or operator may elect to meet the requirements in
paragraphs (d)(5)(i) and (ii) of this section.

	(i)  Monitor either the concentration level of the organic compounds or
the concentration level of benzene in the exhaust vent stream from the
first canister in the series but before the second canister on a monthly
basis or at intervals no greater than 20 percent of the carbon
replacement interval for a single canister system, whichever is more
frequent.  If the owner or operator chooses to monitor a canister system
for benzene and detects between 1 ppm and 5 ppm benzene between the
primary and secondary canisters, then monitor for breakthrough (at 5 ppm
benzene) between the primary and secondary carbon canisters weekly or at
intervals no greater than 20 percent of the carbon replacement interval
for a single canister system, whichever is more frequent.

(ii)  Replace the original primary carbon canister (or route the flow to
an appropriate alternative control device) when breakthrough is detected
between the primary and secondary canister.  The original secondary
carbon canister (or a fresh canister) will become the new primary carbon
canister and a fresh carbon canister will become the secondary canister.
 In lieu of replacing the primary canister within the specified time
frame, the owner or operator may elect to monitor the outlet of the
secondary canister beginning on the day the breakthrough between the
primary and secondary canister is identified and each calendar day
thereafter.  This daily monitoring shall continue until the primary
canister is replaced.  If the constituent being monitored (either
benzene or organic compounds) is detected at the outlet of the secondary
canister during this period of daily monitoring, both canisters must be
replaced within 8 hours of the detection of breakthrough.

*  *  *  *  *

7.  Section 61.355 is amended by:

a.  Revising paragraph (b) introductory text;

b.  Redesignating paragraphs (b)(5) through (7) as paragraphs (b)(6)
through (8);

c.  Adding paragraph (b)(5);

d.  Revising paragraph (c)(1)(i) introductory text, adding paragraph
(c)(1)(i)(E), and revising paragraphs (c)(1)(iv) and (c)(3)(i);

e.  Revising paragraph (j); and

f.  Revising paragraphs (k) introductory text, (k)(1), (k)(2), (k)(3),
and (k)(4) introductory text and removing paragraphs (k)(4)(i) and (ii).

§61.355  Test methods, procedures, and compliance provisions.

*  *  *  *  *

(b)  For purposes of the calculation required by paragraph (a) of this
section, an owner or operator shall determine the annual waste quantity
at the point of waste generation, unless otherwise provided in
paragraphs (b)(1), (2), (3), (4), and (5) of this section, by one of the
methods given in paragraphs (b)(6) through (8) of this section.

*  *  *  *  *

 (5)  The determination of annual waste quantity may be made at the
point where multiple waste streams are combined at a common collection
point provided that all of the following conditions are met:

(i)  The facility has a total annual benzene quantity of 10 Mg/yr or
more.

(ii)  All waste management units that manage the waste streams prior to
the common collection point comply with the standards in §61.343
through §61.347 of this subpart.

(iii)  Waste streams shall be hardpiped to waste management units or
discharged into individual drain systems that are equipped with flexible
shields or other devices that enclose the space between the pipe
discharging the waste to the drain receiving the waste.  For individual
drain systems equipped with water seals, the owner or operator may also
extend the pipe discharging the waste below the liquid surface in the
water seal of the receiving drain.

(iv)  The common collection point shall be prior to any treatment to
that removes benzene and prior to exposure to the atmosphere.

(v)  The owner or operator identifies each waste stream and its point of
waste generation in the annual report required by §61.357(d)(2) of this
subpart.

*  *  *  *  *

	(c)  *  *  *

	(1)  *  *  *

	(i)  The determination shall be made at the point of waste generation
except for the specific cases given in paragraphs (c)(1)(i)(A) through
(E) of this section.

*  *  *  *  *

 (E)  The determination of flow-weighted annual average benzene
concentration may be made at the point where multiple waste streams are
combined at a common collection point provided that all of the following
conditions are met:

(1)  The facility has a total annual benzene quantity of 10 Mg/yr or
more.

(2)  All waste management units that manage the waste streams prior to
the common collection point comply with the standards in §61.343
through §61.347 of this subpart.

(3)  Waste streams shall be hardpiped to waste management units or
discharged into individual drain systems that are equipped with flexible
shields or other devices that enclose the space between the pipe
discharging the waste to the drain receiving the waste.  For individual
drain systems equipped with water seals, the owner or operator may also
extend the pipe discharging the waste below the liquid surface in the
water seal of the receiving drain.

(4)  The common collection point shall be prior to any treatment to that
removes benzene and prior to exposure to the atmosphere.

(5)  The owner or operator identifies each waste stream and its point of
waste generation in the annual report required by §61.357(d)(2) of this
subpart.

*  *  *  *  *

 (iv)  The determination shall be made prior to any treatment of the
waste that removes benzene, except as specified in paragraphs
(c)(1)(i)(A) through (E) of this section.

*  *  *  *  *

	(3)  *  *  *

	(i)  Collect a minimum of three representative samples from each waste
stream. Where feasible, samples shall be taken from an enclosed pipe
prior to the waste being exposed to the atmosphere.  A representative
sample must be taken when the process generating the waste stream and
all equipment handling the waste stream are operating normally as
determined by all monitored process parameters, such a process flow
rates, temperatures, pressures, etc.  For wastes generated in batches by
a cyclic process or a process that operates intermittently, the three
samples of the waste stream must be taken from three different batches
of waste or from three different intermittent process cycles.

*  *  *  *  *

	(j)  An owner or operator shall determine the benzene quantity for the
purposes of the calculation required by §61.342(c)(3)(ii)(B) by the
following procedure:

(1)  For each waste stream that is not controlled for air emissions in
accordance with §§61.343, 61.344, 61.345, 61.346, or 61.347, as
applicable to the waste management unit that manages or treats the
waste, the benzene quantity shall be determined as specified in
paragraph (a) of this section except as provided in paragraphs (j)(1)(i)
through (iii) of this section.

(i)  Paragraph (b)(4) of this section shall not apply, i.e., the waste
quantity for process unit turnaround waste is not annualized but shall
be included in the determination of benzene quantity for the year in
which the waste is generated for the purposes of the calculation
required by §61.342(c)(3)(ii)(B).

(ii)  Paragraphs (b)(6) through (8) of this section shall not apply.
Determine the annual waste quantity for each waste stream based on the
actual amount of each waste stream generated for each calendar year,
including wastes from spills and other startup, shutdown, and
malfunction events, for the purposes of the calculation required by
§61.342(c)(3)(ii)(B).

(iii)  The procedures in paragraph (a) of this section shall also apply
to wastes with a water content of 10 percent or less if they have a
flow-weighted annual average benzene concentration of 10 ppmw or more.

(2)  For each waste stream that is controlled for air emissions in
accordance with§§61.343, 61.344, 61.345, 61.346, or 61.347, as
applicable to the waste management unit that manages or treats the
waste, the determination of annual waste quantity and flow-weighted
annual average benzene concentration shall be made at either the point
of waste generation or at the point where the waste stream enters the
first waste management unit not complying with §§61.343, 61.344,
61.345, 61.346, and 61.347, and prior to any reduction of benzene
concentration through volatilization of the benzene, using the methods
given in paragraphs (j)(2)(i) and (ii) of this section.

 (i)  Annual waste quantity shall be determined for each waste stream
based on the actual amount of each waste stream generated for each
calendar year.

(ii)  The flow-weighted annual average benzene concentration shall be
determined using the procedures in paragraphs (c)(2) or (3) of this
section.

(3)  The benzene quantity in a waste stream that is generated less than
one time per year, including process unit turnaround waste and waste
from startup, shutdown and malfunction events (e.g., spills), shall be
included in the determination of benzene quantity as determined in
paragraph (j)(5) of this section for the year in which the waste is
generated. The benzene quantity in this waste stream shall not be
annualized or averaged over the time interval between the activities
that resulted in generation of the waste for purposes of determining
benzene quantity as determined in paragraph (j)(5) of this section.

(4)  The benzene quantity for each waste stream in paragraph (j)(2) of
this section shall be determined by multiplying the annual waste
quantity of each waste stream times its flow-weighted annual average
benzene concentration.

(5)  The total benzene quantity for the purposes of the calculation
required by §61.342(c)(3)(ii)(B) shall be determined by adding together
the benzene quantities determined in paragraphs (j)(1) and (j)(4) of
this section for each applicable waste stream.

	(k)  An owner or operator shall determine the benzene quantity for the
purposes of the calculation required by §61.342(e)(2) by the following
procedure:

(1)  For each waste stream that is not controlled for air emissions in
accordance with §§61.343, 61.344, 61.345, 61.346, or 61.347, as
applicable to the waste management unit that manages or treats the
waste, the benzene quantity shall be determined as specified in
paragraph (a) of this section except as provided in paragraph (k)(1)(i)
and (ii) of this section.

(i)  Paragraph (b)(4) of this section shall not apply, i.e., the waste
quantity for process unit turnaround waste is not annualized but shall
be included in the determination of benzene quantity for the year in
which the waste is generated for the purposes of the calculation
required by §61.342(e)(2).

(ii)  Paragraphs (b)(6) through (8) of this section shall not apply.
Determine the annual waste quantity for each waste stream based on the
actual amount of each waste stream generated for each calendar year,
including wastes from spills and other startup, shutdown, and
malfunction events, for the purposes of the calculation required by
§61.342(e)(2).

(2)  For each waste stream that is controlled for air emissions in
accordance with §§61.343, 61.344, 61.345, 61.346, or 61.347, as
applicable to the waste management unit that manages or treats the
waste, the determination of annual waste quantity and flow-weighted
annual average benzene concentration shall be made at the first
applicable location as described in paragraphs (k)(2)(i), (k)(2)(ii),
and (k)(2)(iii) of this section and prior to any reduction of benzene
concentration through volatilization of the benzene, using the methods
given in (k)(2)(iv) and (k)(2)(v) of this section.

(i)  Where the waste stream enters the first waste management unit not
complying with §§61.343, 61.344, 61.345, 61.346, or 61.347, that are
applicable to the waste management unit,

(ii)  For each waste stream that is managed or treated only in
compliance with §§61.343 through 61.347 up to the point of final
direct discharge from the facility, the determination of benzene
quantity shall be prior to any reduction of benzene concentration
through volatilization of the benzene, or

(iii)  For wastes managed in units controlled for air emissions in
accordance with §§61.343, 61.344, 61.345, 61.346, or 61.347, as
applicable to the waste management unit that manages or treats the
waste, and then transferred offsite, facilities shall use the first
applicable offsite location as described in paragraphs (k)(2)(i) and
(k)(2)(ii) of this section if they have documentation from the offsite
facility of the benzene quantity at this location.  Facilities without
this documentation for offsite wastes shall use the benzene quantity
determined at the point where the transferred waste leaves the facility.

	(iv)   Annual waste quantity shall be determined for each waste stream
based on the actual amount of each waste stream generated for each
calendar year, and

	(v)  The flow-weighted annual average benzene concentration shall be
determined using the procedures in paragraphs (c)(2) or (3) of this
section.

	(3)  The benzene quantity in a waste stream that is generated less than
one time per year, including process unit turnaround waste and waste
from startup, shutdown, and malfunction events (such as spills), shall
be included in the determination of benzene quantity as determined in
paragraph (k)(6) of this section for the year in which the waste is
generated.  The benzene quantity in this waste stream shall not be
annualized or averaged over the time interval between the activities
that resulted in generation of the waste for purposes of determining
benzene quantity as determined in paragraph (k)(6) of this section.

	(4)  The benzene in waste entering an enhanced biodegradation unit, as
defined in §61.348(b)(2)(ii)(B), shall not be included in the
determination of benzene quantity, determined in paragraph (k)(6) of
this section, if the benzene concentration for each waste stream
entering the enhanced biodegradation unit is less than 10 ppmw on a
flow-weighted annual average basis.

*  *  *  *  *

§63.356  [Amended]

	8.  Section 61.356 is amended by removing and reserving paragraph
(b)(3).

	9.  Section 61.357 is amended by:

	a.  Revising paragraph (a)(4);

	b.  Revising paragraph (d)(2); and

	c.  Removing and reserving paragraph (d)(4).

§61.357  Reporting requirements.

*  *  *  *  *

	(a)  *  *  *

(4)  The information required in paragraphs (a) (1), (2), and (3) of
this section should represent the waste stream characteristics based on
the configuration and operating conditions of the facility during the
operating year associated with the annual report.  An owner or operator
only needs to list in the report those waste streams that contact
materials containing benzene.  The report does not need to include a
description of the controls to be installed to comply with the standard
or other information required in §61.10(a).

*  *  *  *  *

	(d)  *  *  *

	(2)  Beginning on the date that the equipment necessary to comply with
these standards has been certified in accordance with paragraph (d)(1)
of this section, the owner or operator shall submit annually to the
Administrator a report that updates the information listed in paragraphs
(a)(1) through (a)(3) of this section.  If the information in the annual
report required by paragraphs (a)(1) through (a)(3) of this section is
not changed in the following year, the owner or operator may submit a
statement to that effect.  The owner or operator may elect to submit the
annual report on a calendar year basis.  Annual reports submitted on a
calendar year basis must be submitted by April 1 of the following year.

*  *  *  *  *

PART 63-[AMENDED]

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

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

Subpart A--[AMENDED-[Amended]

[Option 1 for §63.14]

	2.11.  Section 63.14 is amended by adding paragraph (k)(1)(iv) to read
as follows:

§63.14  Incorporations by reference.

*  *  *  *  *

	(k) *  *  *

	(1) *  *  *

	(iv)  Method 8260B, “Volatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS), Revision 2 (and subsequent
revisions),),” dated December 1996 and in Update III, IBR approved for
§63.654(a)(1) and (b) of Subpart CC of this part.

*  *  *  *  *

[Option 2 for §63.14]

	3.11.  Section 63.14 is amended by adding paragraphs (k)(1)(iv) and (l)
to read as follows:

§63.14  Incorporations by reference.

*  *  *  *  *

	(k) *  *  *

	(1) *  *  *

	(iv)  Method 8260B, “Volatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS), Revision 2 (and subsequent
revisions),),” dated December 1996 and in Update III, IBR approved for
§63.654(a)(1) and (b) of Subpart CC of this part.

*  *  *  *  *

	(l)  The following material is available from the

American Public Health Association, 1015 15th Street, NW, Washington, DC
20005 or at   HYPERLINK "http://www.standardmethods.org"
http://www.standardmethods.org :

(1)  The following methods as published in “Standard Methods for the
Examination of Water and Wastewater,,” A.D. Eaton (ed.), et al, 21st
Edition (and subsequent editions), dated 2005:

	(i)  Method 2540E, “Solids,”, dated 1997, IBR approved for
§63.647(d)(5) of Subpart CC of this part.

	(ii)  Method 5210, “Biochemical Oxygen Demand (BOD), dated 2001, IBR
approved for §63.647(d)(6) of Subpart CC of this part.

	(iii)  Method 5220, Chemical Oxygen Demand (COD), dated 1997, IBR
approved for §63.647(d)(6) of Subpart CC of this part.

	(2)  [Reserved]

Subpart CC--[AMENDED-[Amended]

[Option 1 for §63.640]

	4.12.  Section 63.640 is amended by:

	a.  Revising paragraph (a), introductory text;

	b.  Revising paragraph (c), introductory text;

	c.  Revising paragraphs (c)(6) and (7);

	d.  Adding paragraph (c)(8);

	e.  Revising paragraph (h), introductory text;

f.  Adding paragraph (h)(6);

g.  Revising the first sentence in paragraph (l), introductory text and
the first sentence in paragraph (l)(3), introductory text; and

	h.  Adding paragraph (s).

§63.640  Applicability and designation of affected source.

	(a)  This subpart applies to petroleum refining process units and to
related emissions points that are specified in paragraphs (c)(5) through
(8) of this section that are located at a plant site and that meet the
criteria in paragraphs (a)(1) and (2) of this section:

*  *  *  *  *

	(c)  For the purposes of this subpart, the affected source shall
comprise all emissions points, in combination, in combination, listed in
paragraphs (c)(1) through (8) of this section that are located at a
single refinery plant site.

*  *  *  *  *

	(6)  All marine vessel loading operations located at a refinery meeting
the criteria in paragraph (a) of this section and the applicability
criteria of subpart Y, §63.560;

	(7)  All storage vessels and equipment leaks associated with a bulk
gasoline terminal or pipeline classified under Standard Industrial
Classification code 2911 located within a contiguous area and under
common control with a refinery meeting the criteria in paragraph (a) of
this section; and

	(8)  All cooling tower systems associated with petroleum refining
process units meeting the criteria in paragraph (a) of this the section
and which meets the criteria in either paragraph (a)(8)(i) or (a)(8)(ii)
of this section:

(i)  The cooling tower system provides non-contact cooling water to any
heat exchanger in Table 1 HAP service.

(ii)  The cooling tower system receives cooling water from multiple heat
exchangers which serve different petroleum refinery process units and
any of the heat exchangers are in Tab1e 1 HAP service.

*  *  *  *  *

	(h)  Except as provided in paragraphs (k), (l), or (m) of this section,
sources subject to this subpart are required to achieve compliance on or
before the dates specified in paragraphs (h)(1) through (6) of this
section.

*  *  *  *  *

	(6)  Cooling tower systems that are part of an existing source shall be
in compliance with §63.654 no later than 3 years and 90 days after the
date of publication of the final amendments in the Federal Register.

*  *  *  *  *

	(l)  If an additional petroleum refining process unit is added to a
plant site or if a miscellaneous process vent, storage vessel, gasoline
loading rack, marine tank vessel loading operation, or cooling tower
system that meets the criteria in paragraphs (c)(1) through (8) of this
section is added to an existing petroleum refinery or if another
deliberate operational process change creating an additional Group 1
emissions point(s) (as defined in §63.641) is made to an existing
petroleum refining process unit, and if the addition or process change
is not subject to the new source requirements as determined according to
paragraphs (i) or (j) of this section, the requirements in paragraphs
(l)(1) through (3) of this section shall apply.  *  *  *

*  *  *  *  *

	(3)  The owner or operator of a petroleum refining process unit or of a
storage vessel, miscellaneous process vent, wastewater stream, gasoline
loading rack, marine tank vessel loading operation, or cooling tower
system meeting the criteria in paragraphs (c)(1) through (8) of this
section that is added to a plant site and is subject to the requirements
for existing sources shall comply with the reporting and recordkeeping
requirements that are applicable to existing sources including, but not
limited to, the reports listed in paragraphs (l)(3)(i) through (vii) of
this section.  *  *  *

*  *  *  *  *

	(s)  Overlap of subpart CC with other regulations for cooling tower
systems.  After the compliance date specified in paragraph (h) of this
section, the owner or operator of a cooling tower system that is also
subject to another subpart in this part (e.g., subpart F, YY, FFFF) is
exempt from the monitoring requirements in §63.654(a) through (d).

[Option 2 for §63.640]

	5.12.  Section 63.640 is amended by:

	a.  Revising paragraph (a), introductory text;

	b.  Revising paragraph (c), introductory text;

	c.  Revising paragraphs (c)(6) and (7);

	d.  Adding paragraph (c)(8);

	e.  Revising paragraph (h), introductory text;

f.  Adding paragraphs (h)(6) through (8);

g.  Revising the first sentence in paragraph (l), introductory text and
the first sentence in paragraph (l)(3), introductory text; and

	h.  Adding paragraph (s).

§63.640  Applicability and designation of affected source.

	(a)  This subpart applies to petroleum refining process units and to
related emissions points that are specified in paragraphs (c)(5) through
(8) of this section that are located at a plant site and that meet the
criteria in paragraphs (a)(1) and (2) of this section:

*  *  *  *  *

	(c)  For the purposes of this subpart, the affected source shall
comprise all emissions points, in combination, in combination, listed in
paragraphs (c)(1) through (8) of this section that are located at a
single refinery plant site.

*  *  *  *  *

	(6)  All marine vessel loading operations located at a refinery meeting
the criteria in paragraph (a) of this section and the applicability
criteria of subpart Y, §63.560;

	(7)  All storage vessels and equipment leaks associated with a bulk
gasoline terminal or pipeline classified under Standard Industrial
Classification code 2911 located within a contiguous area and under
common control with a refinery meeting the criteria in paragraph (a) of
this section; and

	(8)  All cooling tower systems associated with petroleum refining
process units meeting the criteria in paragraph (a) of the section and
which meets the criteria in either paragraph (a)(8)(i) or paragraph
(a)(8)(ii) of this section:

(i)  The cooling tower system provides non-contact cooling water to any
heat exchanger in Table 1 HAP service.

(ii)  The cooling tower system receives cooling water from multiple heat
exchangers which serve different petroleum refinery process units and
any of the heat exchangers are in Table 1 HAP service.

*  *  *  *  *

	(h)  Except as provided in paragraphs (k), (l), or (m) of this section,
sources subject to this subpart are required to achieve compliance on or
before the dates specified in paragraphs (h)(1) through (8) of this
section.

*  *  *  *  *

	(6)  Group 1 storage vessels that are part of an existing source shall
be in compliance with §63.646(c) and (e) no later than 3 years and 90
days after the date of publication of the final amendments in the
Federal Register.

	(7)  Group 1 wastewater streams that are part of an existing source
shall be in compliance with §63.647(d) no later than 3 years and 90
days after the date of publication of the final amendments in the
Federal Register.

	(8)  Cooling tower systems that are part of an existing source shall be
in compliance with §63.654 no later than 3 years and 90 days after the
date of publication of the final amendments in the Federal Register.

	  *  *  *  *  *

	(l)  If an additional petroleum refining process unit is added to a
plant site or if a miscellaneous process vent, storage vessel, gasoline
loading rack, marine tank vessel loading operation, or cooling tower
system that meets the criteria in paragraphs (c)(1) through (8) of this
section is added to an existing petroleum refinery or if another
deliberate operational process change creating an additional Group 1
emissions point(s) (as defined in §63.641) is made to an existing
petroleum refining process unit, and if the addition or process change
is not subject to the new source requirements as determined according to
paragraph (paragraphs (i) or paragraph (j) of this section, the
requirements in paragraphs (l)(1) through (3) of this section shall
apply.  *  *  *

*  *  *  *  *

	(3)  The owner or operator of a petroleum refining process unit or of a
storage vessel, miscellaneous process vent, wastewater stream, gasoline
loading rack, marine tank vessel loading operation, or cooling tower
system meeting the criteria in paragraphs (c)(1) through (8) of this
section that is added to a plant site and is subject to the requirements
for existing sources shall comply with the reporting and recordkeeping
requirements that are applicable to existing sources, including, but not
limited to, the reports listed in paragraphs (l)(3)(i) through (vii) of
this section.  *  *  *

*  *  *  *  *

	(s)  Overlap of subpart CC with other regulations for cooling tower
systems.  After the compliance date specified in paragraph (h) of this
section, the owner or operator of a cooling tower system that is also
subject to another subpart in this part (e.g., subpart F, YY, FFFF) is
exempt from the monitoring requirements in §63.654(a) through (d).

	6.13.  Section 63.641 is amended by adding, in alphabetical order,
definitions for “Cooling tower system,” “Cooling water return
lines,” and “Point of measurement for leak determination,” to read
as follows:

§63.641  Definitions

*  *  *  *  *

	“Cooling tower system” means a closed loop recirculation system or
a once through system.

	“Cooling water return lines” means the main water trunk lines at
the inlet to the cooling tower before exposure to the atmosphere.

*  *  *  *  *

	“Point of measurement for leak determination” means any location in
the cooling water return line or lines prior to exposure of the cooling
water to the atmosphere.

*  *  *  *  *

[Option 2 for §63.646; Option 1 would not revise §63.646]

	7.14.  Section 63.646 is amended by revising paragraphs (c) and (e) to
read as follows:

§63.646  Storage vessel provisions.

*  *  *  *  *

	(c)  On and after the compliance date specified in §63.640(h)(6), the
owner or operator of a storage vessel that is equipped with an external
floating roof and that is part of an existing source shall comply with
the requirements for slotted guide poles in §63.119(c)(2)(ix) and (x).
The following requirements do not apply to storage vessels at existing
sources subject to this subpart:  §§63.119(b)(5); (b)(6); (c)(2)(i)
through (viii), (xi), and (xii); and (d)(2).

*  *  *  *  *

(e)  On and after the compliance date in §63.640(h)(6), when complying
with the inspection requirements of §63.120(b) of subpart G, owners and
operators of a storage vessel that is equipped with an external floating
roof and that is part of an existing source shall comply with the
provisions of §63.120(b)(10) and (b)(10)(i) for slotted guide poles as
described in paragraph (e)(1) and (2) of this section.  The owner or
operator is not required to comply with the requirements for slotted
membranes.

(1)  As part of the inspection required in §63.120(b)(10), the owner or
operator shall visually check the gasketed cover or flexible fabric
sleeve seal and gasketed float or other device for each slotted guide
pole.

(2)  If the external floating roof has defects; the primary seal has
holes, tear, or other openings in the seal or the seal fabric; or the
secondary seal has holes, tears, or other openings in the seal or seal
fabric; or the gaskets (including a gasketed cover or gasketed float for
a slotted guide pole) no longer close off the liquid surface from the
atmosphere; or the flexible fabric sleeve seal for a slotted guide pole
has holes, tears, or other openings in the seal or seal fabric; or the
slotted membrane has more than 10 percent open area, the owner or
operator shall repair the items as necessary so that none of the
conditions specified in this paragraph exist before filling or refilling
the storage vessel with organic HAP.

*  *  *  *  *

[Option 2 for §63.647; Option 1 would not revise §63.647]

	8.15.  Section 63.647 is amended by adding paragraph (d) to read as
follows:

§63.647  Wastewater provisions.

*  *  *  *  *

 (d)  On and after the compliance date specified in §63.640(h)(7), the
owner or operator of an enhanced biodegradation unit (EBU) that receives
a Group 1 wastewater stream from a petroleum refinery shall comply with
the requirements in paragraphs (d)(1) through (6) of this section.  The
provisions in §40 CFR 61.348(b)(2)(ii)(B) for the recommended range for
the food-to-microorganism ratio, the mixed liquor suspended solids
concentration, and residence time do not apply, and the requirements in
§§40 CFR 61.348(b)(2)(i), 61.354(b)(2), and 61.355(k)(4)(i) for
monitoring the benzene concentration at the inlet to the EBU and
maintaining it below 10 parts per million by weight (ppmw) do not apply.

(1)  The fraction biodegraded of benzene in each EBU shall be 90 percent
or greater.

(2)  The mixed liquor volatile suspended solids (MLVSS) concentration
shall not fall below the operating limit established during the initial
performance test.

(3)  The food-to-microorganism ratio shall not exceed the operating
limit established during the initial performance test.

	(i)  Food can be measured as either grams per liter (g/l) of 5-day
biological oxygen demand (BOD5) or g/l of chemical oxygen demand (COD),
but you must use the same measure used to develop your operating limit.

	(ii)  Determine the food-to-microorganism ratio operating limit using
Equation 1 of this section:

              (Eq. 1)

Where:

BOD5 	= =	5-day biological oxygen demand or chemical oxygen

   	  demand of EBU influent wastewater (g/l = kg/m3);

Qin 	=	 Influent=	influent wastewater volumetric flow rate to the EBU

           (m3/day);

[MLVSS]	=	 Concentration =	concentration of mixed liquor volatile
suspended

	  solids (g/l = kg/m3); and

VEBU 	= Average=	average volume of wastewater in the EBU during normal

	  process operations (m3).

(4)  The owner or operator shall conduct an initial performance test to
demonstrate compliance with the treatment efficiency standard of each
EBU using the following procedures:

(i)  Determine the fraction biodegraded of benzene as determined
according to the procedures in appendix C to part 63 (Determination of
the Fraction Biodegraded (Fbio) in a Biological Treatment Unit).

(ii)  Use the multiple zone concentration method with separate
“inlet” zones for each inlet location containing an applicable
benzene waste stream.  The inlet zone is defined as the depth of the EBU
times the 100 square foot area surrounding each benzene wastewater
inlet.

(iii)  The remainder of the EBU may be modeled as a single zone or
multiple zones depending on the mixing zones present in the EBU as
described in appendix C to part 63.

(iv)  The volume-weighted average MLVSS concentration used in the
multiple zone Fbio test must be used as the operating limit for MLVSS.
The volume-weighted average food-to-microorganism ratio used in the
multiple zone Fbio test must be used as the operating limit for the
food-to-microorganism ratio.

	(5)  Measure the MLVSS in the EBU no less frequently than once per week
using Method 2540 (incorporated by reference-see §63.14); and

	(6)  Measure the EBU influent biological oxygen demand (BOD5) using
Method 5210 (incorporated by reference-see §63.14) or the chemical
oxygen demand (COD) MLVSS using Method 5220 (incorporated by
reference-see §63.14) in the EBU no less frequently than once per week.
 Calculate the food-to-microorganism ratio once a week using Equation 1
of this section and record the results.

	9.16.  Section 63.650 is amended by revising paragraph (a) to read as
follows.

§63.650  Gasoline loading rack provisions.

	(a)  Except as provided in paragraphs (b) through (c) of this section,
each owner or operator of a Group 1 gasoline loading rack classified
under Standard Industrial Classification code 2911 located within a
contiguous area and under common control with a petroleum refinery shall
comply with subpart R, §§63.421, 63.422(a) through (c), 63.425(a)
through (c), 63.425(e) through (h), 63.427(a) and (b), and 63.428(b),
(c), (g)(1), and (h)(1) through (3).

*  *  *  *  *

	10.17.  Sections 63.654 and 63.655 are redesignated as §§63.655 and
63.656.

	11.18.  Revise existing references to §63.654 to §63.655.  These
references to §63.654 appear in §63.640(b)(2), (e)(2)(iii), (f)(5),
(k)(2)(ii), (k)(2)(iii), (l) introductory text, (l)(3)(i), (l)(3)(ii);
the definition of “continuous record” in §63.641; §63.642(k)(1)
and (l)(2); §63.644(b) introductory text, (c)(1), (d), and (e);
§63.645(h)(2); §63.646(j) and (k); §63.652(e)(5), (f)(3), and (l)(1);
§63.653(a)(7), (b), (c), (d) introductory text, (d)(2)(vii), and
(d)(2)(viii)(G); §63.654(i)(1)(ii); entries for §§63.6(b)(5),
63.7(a)(2), 63.7(g), 63.7(h)(3), 63.8(c)(1)(ii), 63.8(c)(4),
63.8(f)(4)(i), 63.8(g), 63.9(b)(1)(i), 63.9(b)(4), 63.9(b)(5), ,
63.10(d)(2), and 63.10(d)(5) of Table 6 to subpart CC; and Footnotes d,
f, and (g) of Table 10 to subpart CC.

19.  Section 63.654 is added to read as follows.

[Option 1 for §63.654]

	13.19.  Section 63.654 is added to read as follows:

§63.654  Cooling tower systems.

	(a)  On and after the compliance date specified in §63.650(h)(8), the
owner or operator of an existing source shall monitor each cooling tower
system subject to this subpart to detect and repair leaks of organic HAP
into the cooling water.  The owner or operator may elect to monitor the
total organic HAP listed in Table 1 of this subpart on a quarterly basis
according to the requirements in paragraphs (a)(1) of this section or
monitor chemical usage or other surrogates according to the requirements
in paragraph (a)(2) of this section.

	(1)  The owner or operator shall conduct quarterly monitoring of total
organic HAP listed in Table 1 of this subpart according to the methods
and procedures in paragraphs (a)(1)(i) through (iii) of this section.

	(i)  Collect a water sample from each cooler water return line(s) prior
to air stripping or exposure to air.  You must collect each sample using
the sampling procedures in §40 CFR 61.355(c)(3) of the National
Emission StandardStandards for Benzene Waste Operations.

	(ii)  Analyze each sample using EPA Method 8260B (incorporated by
reference—see §63.14).  Determine the total organic HAP concentration
as the sum of the individual HAP concentrations of the HAP listed in
Table 1 of this subpart.

	(iii)  If the total organic HAP concentration exceeds 1 part per
million by weight (ppmw), a leak is detected.

	(2)  The owner or operator shall monitor chlorine or bromine usage at
least once each day, free chlorine at least twice each day, oxidation
reduction potential (ORP) at least six times per day, hydrocarbons
(using an online analyzer) at least twice each day, or volatile organic
compounds (VOC) El Paso at least once each month according to the
procedures in paragraphs (a)(2)(i) through (iii).

	(i)  Conduct an initial analysis of the cooling water using EPA Method
8260B (incorporated by reference—see §63.14) to demonstrate that the
total organic HAP concentration is less than 1 ppmw.

	(ii)  Establish operating limits for the parameters to be monitored.
You must identify the parameters to be monitored and the established
operating limits in your Notification of Compliance Status and written
monitoring plan.

	(iii)  If the monitored operating parameter exceeds the operating
limit, you must sample the cooling water to determine the total organic
HAP concentration.  If the total organic HAP concentration exceeds 1
ppmw, a leak is detected.

	(b)  On and after the compliance date specified in §63.650(h)(8), the
owner or operator of a new source shall monitor the concentration of HAP
from each cooling tower system subject to this subpart on a quarterly
basis to identify and repair any leak with a potential mass leak rate of
10 pounds per day (lb/day) or greater of any single HAP listed in Table
1 of this subpart or 100 lb/day or greater of total HAP listed in Table
1 of this subpart.  A heat exchange system may consist of an entire heat
exchange system or a combination of heat exchangers such that, based on
the rate of cooling water and the sensitivity of the test method, a leak
of 10 lb/pounds per day (lb/day) or greater of any single HAP listed in
Table 1 of this subpart or 100 lb/day or greater of total HAP would be
detected.  The owner or operator shall conduct the quarterly monitoring
according to the methods and procedures in paragraphs (a)(1) through (4)
of this section.

	(1)  Collect a water sample from each cooler water return line(s) prior
to air stripping or exposure to air.  You must collect each sample using
the sampling procedures in §40 CFR 61.355(c)(3) of the National
Emission StandardStandards for Benzene Waste Operations.

	(2)  Analyze each sample using EPA Method 8260B (incorporated by
reference—see §63.14).  Determine the total HAP concentration as the
sum of the individual HAP concentrations of the HAP listed in Table 1 of
this subpart.

	(3)  Calculate and record the potential mass leak rate using Equation 1
of this section:

 								(Eq. 1)

Where:,

L 		= Potential=	potential mass leak rate of HAP (lb/day);

0.012 	= Constant=	constant for unit conversion (lb/gallon ×

		  minutes/day × part per million parts);

CHAP 		= Concentration=	concentration of individual or total organic HAP
in

		  the cooling tower water prior to exposure to the air

		 (ppmw); and

QCT 		= Volumetric=	volumetric flow rate of cooling water to the cooling

		  tower (gallons per minute).

	(4)  If the results of Equation 1 of this section indicate a leak with
a mass leak rate of 10 lb/day of any single HAP or 100 lb/day of total
HAP per day or greater, a leak is detected.

(c)  If a leak is detected, the owner or operator must identify the
source of the leak as soon as practicable, but no later than 30 days
after receiving the sampling results that indicate the presence of a
leak.

(d)  Except for a delay allowed under paragraph (e) of this section, the
owner or operator must repair any leak as soon as practicable, but no
later 30 days after identifying the source of leak.  Repairs may
include:

(1)  Physical repairs to the leaking heat exchanger;

(2)  Blocking the leaking tube within the heat exchanger;

(3)  Changing the pressure so that water flows into the process fluid;
or

(4)  Replacing the heat exchanger.

(e)  The owner or operator may delay the repair of a leak if the
conditions in paragraph (e)(1) or paragraph (e)(2) of this section are
met.

(1)  Repairing the leak would require the process unit served by the
leaking heat exchanger to be shut down, and a shutdown for repair would
cause greater emissions than the potential emissions from the cooling
tower from the time the leaking exchanger was first identified and the
next planned shutdown.

(i)  The facility must use the startup and shutdown emissions estimates
in the cooling tower monitoring plan required by paragraph (f) of this
section for the estimate of total organic HAP emissions for the process
unit serviced by the leaking heat exchanger.

(ii)  The owner or operator must conduct monthly monitoring of the total
organic HAP concentration using EPA Method 8260B (incorporated by
reference—see §63.14).

(iii)  The owner or operator shall recalculate the potential air
emissions from the coolingcooler tower using the new sampling results
and the time period between the most recent sampling results and the
next planned shutdown.  If the potential air emissions from the cooling
tower exceed the startup and shutdown emission estimates for any month,
the owner or operator must repair the heat exchanger within 30 days of
receiving the sampling results that voided the delay of repair; or

(2)  The necessary parts are not reasonably available, in which case the
owner or operator must complete the repair as soon as practicable upon
receiving the necessary parts, but no later than 120 days after
identifying the leaking exchanger.  The owner or operator can not
further delay the repair when a sampling result voids the delay of
repair under paragraph (e)(1)((iii) of this section.

(f)  The owner or operator shall prepare, implement, and maintain onsite
at all times a cooling tower monitoring plan that includes the
information specified in paragraphs (f)(1) through (11) of this section.

	(1)  Identification of all cooling tower systems at the facility;

	(2)  Identification of the cooling tower systems subject to this
subpart;

	(3)  Identification of the cooling tower systems receiving cooling
water from a heat exchanger that are exempt from this subpart according
to §63.640(s);

	(4)  Identification of the heat exchanger(s) and process unit(s)
serviced by each cooling tower system that is subject to this subpart;

	(5)  The HAP concentration of the process fluids in each heat exchanger
serviced by a cooling tower system subject to this subpart;

	(6)  The surrogate parameters to be monitored, the monitoring
frequency, and parameter operating limits for each cooling tower system
subject to this subpart;

	(7)  The methods used to identify the leaking heat exchanger once a
leak is detected;

	(8)  Standard repair procedures that reduce emissions from leaks;

	(9)  Procedures for reporting leaks into the cooling water system;

	(10)  List of critical spare parts that must be maintained in
inventory;

	(11)  Engineering estimates of startup and shutdown organic HAP
emissions for each process unit serviced by a cooling tower subject to
this subpart.

[Option 2 for §63.654]

	14.19.  Section 63.654 is added to read as follows:

§63.654  Cooling tower systems.

	(a)  On and after the compliance date specified in §63.650(h)(8), the
owner or operator of a new or existing source shall monitor the
concentration of HAP from each cooling tower system subject to this
subpart on a monthly basis to identify and repair any leak with a
potential mass leak rate of 10 pounds per day (lb/day) or greater of any
single HAP listed in Table 1 of this subpart or 100 lb/day or greater of
total HAP listed in Table 1 of this subpart.  A heat exchange system may
consist of an entire heat exchange system or a combination of heat
exchangers such that, based on the rate of cooling water and the
sensitivity of the test method, a leak of 10 lb/pounds per day (lb/day)
or greater of any single HAP listed in Table 1 of this subpart or 100
lb/day or greater of total HAP would be detected.  The owner or operator
shall conduct the monthly monitoring according to the methods and
procedures in paragraphs (a)(1) through (3) of this section.

(1)  Collect a water sample from each cooler water return line(s) prior
to air stripping or exposure to air.  You must collect each sample using
the sampling procedures in §40 CFR 61.355(c)(3) of the National
Emission StandardStandards for Benzene Waste Operations.

(2)  Analyze each sample using EPA Method 8260B (incorporated by
reference—see §63.14).  Determine the total organic HAP concentration
as the sum of the individual HAP concentrations of the HAP listed in
Table 1 of this subpart.

(3)  Calculate and record the potential mass leak rate using Equation 1
of this section:

 								(Eq. 1)

Where:,

L 		= Potential=	potential mass leak rate of HAP (lb/day);

0.012	= Constant =	constant for unit conversion (lb/gallon ×
minutes/day × part per million parts);

CHAP 		= Concentration=	concentration of individual or total organic HAP
in 			  the cooling tower water prior to exposure to the air 		  (ppmw);
and

QCT 		= Volumetric=	volumetric flow rate of cooling water to the cooling
		  tower (gallons per minute).

	(b)  If the results of Equation 1 of this section indicate a leak with
a mass leak rate of 10 lb/day of any single HAP or 100 lb/day of total
HAP per day or greater, the owner or operator must identify the source
of the leak as soon as practicable, but no later than 30 days after
receiving the sampling results that indicate the presence of a leak.

	(c)  Except for a delay allowed under paragraph (d) of this section,
the owner or operator must repair any leak with a mass leak rate of 10
pounds of any single Table 1 HAP or 100 pounds of total Table 1 HAP per
day or greater as soon as practicable, but no later 30 days after
identifying the source of leak.  Repairs may include:

(1)  Physical repairs to the leaking heat exchanger;

(2)  Blocking the leaking tube within the heat exchanger;

(3)  Changing the pressure so that water flows into the process fluid;
or

(4)  Replacing the heat exchanger.

(d)  The owner or operator may delay the repair of a leak if the
conditions in paragraph (d)(1) or paragraph (d)(2) of this section are
met.

(1)  Repairing the leak would require the process unit served by the
leaking heat exchanger to be shut down, and a shutdown for repair would
cause greater emissions than the potential emissions from the cooling
tower from the time the leaking exchanger was first identified and the
next planned shutdown.

(i)  The facility must use the startup and shutdown emissions estimates
in the cooling tower monitoring plan required by paragraph (e) of this
section for the estimate of HAP emissions for the process unit serviced
by the leaking heat exchanger.

(ii)  The owner or operator must continue monthly monitoring of HAP as
required by paragraph (a) of this section.

(iii)  The owner or operator shall recalculate the potential air
emissions from the coolingcooler tower using the new sampling results
and the time period between the most recent sampling results and the
next planned shutdown.  If the potential air emissions from the cooling
tower exceed the startup and shutdown emission estimates for any month,
the owner or operator must repair the heat exchanger within 30 days of
receiving the sampling results that voided the delay of repair; or

(2)  The necessary parts are not reasonably available, in which case the
owner or operator must complete the repair as soon as practicable upon
receiving the necessary parts, but no later than 120 days after
identifying the leaking exchanger.  The owner or operator can not
further delay the repair when a sampling result voids the delay of
repair under paragraph (d)(1)((iii) of this section.

(e)  The owner or operator shall prepare, implement, and maintain onsite
at all times a cooling tower monitoring plan that includes the
information specified in paragraphs (e)(1) through (10) of this section.

	(1)  Identification of all cooling tower systems at the facility;

	(2)  Identification of the cooling tower systems subject to this
subpart;

	(3)  Identification of the cooling tower systems receiving cooling
water from a heat exchanger that are exempt from this subpart according
to §63.640(s);

	(4)  Identification of the heat exchanger(s) and process unit(s)
serviced by each cooling tower system that is subject to this subpart;

	(5)  The HAP concentration of the process fluids in each heat exchanger
serviced by a cooling tower system subject to this subpart;

	(6)  The methods used to identify the leaking heat exchanger once a
leak is detected;

	(7)  Standard repair procedures that reduce emissions from leaks;

	(8)  Procedures for reporting leaks into the cooling water system;

	(9)  List of critical spare parts that must be maintained in inventory;

	(10)  Engineering estimates of startup and shutdown HAP emissions for
each process unit serviced by a cooling tower subject to this subpart.

[Option 1 for §63.655]

	15.20.  Newly redesignated §63.655 is amended by:

a.  Revising paragraph (f)(1), introductory text, and adding paragraph
(f)(1)(vi);

b.  Revising paragraph (g), introductory text and adding paragraph
(g)(9);

c.  Redesignating existing paragraph (i)(4) as (i)(5); and

	d.  Adding paragraph (i)(4).

§63.655  Reporting and recordkeeping requirements.

*  *  *  *  *

	(f)  *  *  *

	(1)  The Notification of Compliance Status report shall include the
information specified in paragraphs (f)(1)(i) through (f)(1)(vi) of this
section.

*  *  *  *  *

	(vi)  For each cooling tower system, identification of the cooling
tower systems that are subject to the requirements of this subpart and
cooling tower systems that are exempt from the requirements of this
subpart.

*  *  *  *  *

	(g)  The owner or operator of a source subject to this subpart shall
submit Periodic Reports no later than 60 days after the end of each
6-month period when any of the compliance exceptions specified in
paragraphs (g)(1) through (6) of this section or paragraph (g)(9) of
this section occur.  The first 6-month period shall begin on the date
the Notification of Compliance Status report is required to be
submitted.  A Periodic Report is not required if none of the compliance
exceptions identified in paragraph (g)(1) through (6) of this section or
paragraph (g)(9) of this section occurred during the 6-month period
unless emissions averaging is utilized.  Quarterly reports must be
submitted for emission points included in emission averages, as provided
in paragraph (g)(8) of this section.  An owner or operator may submit
reports required by other regulations in place of or as part of the
Periodic Report required by this paragraph if the reports contain the
information required by paragraphs (g)(1) through (9) of this section.

*  *  *  *  *

	(9)  For cooling tower systems, Periodic Reports must include the
following information:

	(i)  A summary of the leak monitoring data, including the number of
leaks determined to be equal to or greater than 10 lbs/day of any one
HAP or 100 lb/day of total HAP;

(ii)  If applicable, the date a leak was identified, the date the source
of the leak was identified, and the date of repair.

(iii)  If applicable, a summary of the reason for delayed repair of any
leak and the date of repair.

*  *  *  *  *

	(i)  *  *  *

	(4)  The owner or operator of a cooling tower system subject to the
monitoring requirements in §63.654 shall comply with the recordkeeping
requirements in paragraphs (i)(4)(i) through (iii) of this section.

	(i)  HAP analytical results.

	(ii)  The date when a leak was identified by sampling results, the date
when the heat exchanger leak source was identified, and the date when
the leak source was repaired or taken out of service.

	(iii)  If a repair is delayed, the reason for the delay.  If the daily
is based on startup and shutdown emissions, the initial and monthly
calculations of the potential cooling tower emissions and the date of
the next planned shutdown.

*  *  *  *  *

[Option 2 for §63.655]

	16.20.  Newly redesignated §63.655 is amended by:

a.  Revising paragraph (f)(1) introductory text, revising paragraph
(f)(1)(i)(A)(1), and adding paragraphs (f)(1)(vi) and (vii);

b.  Revising paragraphs (g) introductory text, (g)(1), and
(g)(3)(iii)(A) and adding paragraphs (g)(9) and (g)(10);

c.  Redesignating existing paragraph (i)(4) as (i)(5); and

	d.  Adding paragraph (i)(4).

§63.655  Reporting and recordkeeping requirements.

*  *  *  *  *

	(f)  *  *  *

	(1)  The Notification of Compliance Status report shall include the
information specified in paragraphs (f)(1)(i) through (f)(1)(vi) of this
section.

	(i)  *  *  *

	(A)  *  *  *

	(1)  For each Group 1 storage vessel complying with §63.646 that is
not included in an emissions average, the method of compliance (i.e.,
internal floating roof, external floating roof, or closed vent system
and control device) and for each Group 1 storage vessel that is equipped
with an external floating roof and that is part of an existing source,
the method of compliance with the requirements for slotted guidepoles
(i.e., gasketed cover or sleeveless seal and gasketed float or other
device).

*  *  *  *  *

	(vi)  For each cooling tower system, identification of the cooling
tower systems that are subject to the requirements of this subpart and
cooling tower systems that are exempt from the requirements of this
subpart.

(vii)  For each EBU, identification of the operating limits for the
mixed liquor volatile suspended solids concentration and
food-to-microorganism ratio established during the performance test and
a full copy of the performance test report.

	(g)  The owner or operator of a source subject to this subpart shall
submit Periodic Reports no later than 60 days after the end of each
6-month period when any of the compliance exceptions specified in
paragraphs (g)(1) through (6) of this section or paragraph (g)(9) of
this section occur.  The first 6-month period shall begin on the date
the Notification of Compliance Status report is required to be
submitted.  A Periodic Report is not required if none of the compliance
exceptions identified in paragraph (g)(1) through (6) of this section or
paragraph (g)(9) of this section occurred during the 6-month period
unless emissions averaging is utilized.  Quarterly reports must be
submitted for emission points included in emission averages, as provided
in paragraph (g)(8) of this section.  An owner or operator may submit
reports required by other regulations in place of or as part of the
Periodic Report required by this paragraph if the reports contain the
information required by paragraphs (g)(1) through (9) of this section.

	(1)  For storage vessels, Periodic Reports shall include the
information specified for Periodic Reports in paragraphs (g)(2) through
(5) of this section except that information related to gaskets, slotted
membranes, and sleeve seals is not required for a storage vessel that is
part of an existing source and that is equipped with a fixed roof and an
internal floating roof or an external floating roof converted to an
internal floating roof.  Information related to gaskets and sleeve seals
for slotted guide poles is required for a storage vessel that is part of
an existing source and that is equipped with an external floating roof.

*  *  *  *  *

	(3)   *  *  *

	(iii)  *  *  *

	(A)  A failure is defined as any time in which the external floating
roof has defects; or the primary seal has holes or other openings in the
seal or the seal fabric; or the secondary seal has holes, tears, or
other openings in the seal or the seal fabric, or the gaskets (including
a gasketed cover or gasketed float for a slotted guide pole) no longer
closes off the liquid surface from the atmosphere; or a flexible fabric
sleeve seal for a slotted guideslide pole has holes or other openings
or, for a new source, the gaskets no longer close off the liquid surface
from the atmosphere; or, for a storage vessel that is part of a new
source, the slotted membrane has more than 10 percent open area.

*  *  *  *  *

	(9)  For cooling tower systems, Periodic Reports must include the
following information:

	(i)  A summary of the leak monitoring data, including the number of
leaks determined to be equal to or greater than 10 lbs/day of any one
HAP or 100 lbs/day of total HAP;

(ii)  If applicable, the date a leak was identified, the date the source
of the leak was identified, and the date of repair.

(iii)  If applicable, a summary of the reason for delayed repair of any
leak and the date of repair.

	(10)  For EBU, the periodic report must clearly identify any excursion
from the operating limit for the concentration of mixed liquor volatile
suspended solids or the food-to-microorganism ratio established in the
initial performance test.

*  *  *  *  *

	(i)  *  *  *

	(4)  The owner or operator of a cooling tower system subject to the
monitoring requirements in §63.654 shall comply with the recordkeeping
requirements in paragraphs (i)(4)(i) through (iii) of this section.

	(i)  HAP analytical results.

	(ii)  The date when a leak was identified by sampling results, the date
when the heat exchanger leak source was identified, and the date when
the leak source was repaired or taken out of service.

	(iii)  If a repair is delayed, the reason for the delay.  If the
delaydaily is based on startup and shutdown emissions, the initial and
monthly calculations of the potential cooling tower emissions and the
date of the next planned shutdown.

*  *  *  *  *

	17.  Table 11 of the appendix to subpart CC of part 63 is added as
follows:

Table 11--Applicability of NESHAP General Provisions (40 CFR Part 63,
Subpart A) to Subpart CC

	Citation

	Applies

 	to Subpart

	CC

	Comment

63.1(a)(1)-

63.1(a)(3)

Yes

General Applicability

63.1(a)(4)

No

This table specifies applicability of General Provisions to Subpart CC

63.1(a)(5)

No

[Reserved]

63.1(a)(6)

No

63.1(a)(7)-(9)

No

[Reserved]

63.1(a)(10)

No

Subpart CC specifies calendar or operating day

63.1(a)(11)-

63.1(a)(12)

Yes

63.1(b)(1)

No

Initial Applicability Determination

Subpart CC specifies applicability

63.1(b)(2)

No

[Reserved]

63.1(b)(3)

No

63.1(c)(1)

No

Subpart CC specifies requirements

63.1(c)(2)

No

Area sources are not subject to subpart CC

63.1(c)(3)-(4)

No

[Reserved]

63.1(c)(5)

Yes

Except that notification requirements in subpart CC apply

63.1(d)

No

[Reserved]

63.1(e)

Yes

Applicability of Permit Program

63.2

Yes

Definitions

(63.641 specifies that if the same term is defined in subparts A and CC,
it shall have the meaning given in subpart CC

63.3

Yes

Units and Abbreviations

63.4(a)(1)-(2)

Yes

63.4(a)(4)-(5)

Yes

[Reserved]

63.4(b)-

63.4(c)

Yes

Circumvention/

Fragmentation

63.5(a)(1)

Yes

Construction and Reconstruction-Applicability

Replace term "source" and "stationary source" in

(63.5(a)(1) with "affected source"

63.5(a)(2)

Yes

63.5(b)(1)

Yes

Existing, New, Reconstructed Sources -Requirements

63.5(b)(2)

No

[Reserved]

63.5(b)(3)

Yes

63.5(b)(4)

Yes

63.5(b)(5)

No

[Reserved]

63.5(b)(6)

Yes

63.5(c)

No

[Reserved]

63.5(d)(1)(i)

Yes

Application for Approval of Construction or Reconstruction

Except subpart CC specifies the application is submitted as soon as
practicable before startup but no later than 90 days (rather than 60)
after the promulgation date where construction or reconstruction had
commenced and initial startup had not occurred before promulgation

63.5(d)(1)(ii)

Yes

Except that emission estimates specified in (63.5(d)(1)(ii)(H) are not
required

63.5(d)(1)(iii)

Yes

63.5(d)(2)

Yes

63.5(d)(3)

Yes

63.5(d)(4)

Yes

63.5(e)

Yes

Approval of Construction or Reconstruction

63.5(f)(1)

Yes

Approval of Construction or Reconstruction Based on State Review

63.5(f)(2)

Yes

Except that 60 days is changed to 90 days and cross-reference to (b)(2)
does not apply

63.6(a)

Yes

Compliance with Standards and Maintenance - Applicability

63.6(b)(1)

No

63.6(b)(2)

Yes

63.6(b)(3)

Yes

63.6(b)(4)

No

63.6(b)(5)

Yes

Notification Requirements

63.6(b)(6)

No

[Reserved]

63.6(b)(7)

Yes

63.6(c)(1)

Yes

63.6(c)(2)

No

Subpart CC specifies compliance dates

63.6(c)(3)-(4)

No

[Reserved]

63.6(c)(5)

Yes

63.6(d)

No

[Reserved]

63.6(e)(1)

Yes

Operation and Maintenance Requirements

63.6(e)(2)

No

[Reserved]

63.6(e)(3)(i)

Yes

Startup, Shutdown, and Malfunction Plan (SSM)

63.6(e)(3)(ii)

No

[Reserved]

63.6(e)(3)(iii)

Yes

63.6(e)(3)(iv)

Yes

Except that reports of actions not consistent with plan are not required
within 2 and 7 days of action but rather must be included in next
periodic report

63.6(e)(3)(v)-(ix)

Yes

63.6(f)(1)

Yes

Compliance with Emission Standards

63.6(f)(2)(i)

Yes

63.6(f)(2)(ii)

Yes

Subpart CC specifies use of monitoring data in determining compliance

63.6(f)(2)(iii)(A)-

63.6(f)(2)(iii)(C)

Yes

63.6(f)(2)(iii)(D)

No

63.6(f)(2)(iv)-(v)

Yes

63.6(f)(3)

Yes

63.6(g)

Yes

Alternative Standard

63.6(h)

No

Compliance with Opacity/VE Standards Subpart CC does not include
opacity/VE standards

63.6(i)(1)-

63.6(i)(14)

Yes

Extension of Compliance

63.6(i)(15)

No

[Reserved]

63.6(i)(16)

Yes

63.6(j)

Yes

Exemption from Compliance

63.7(a)(1)

No

Performance Test Requirements - Applicability and Dates

Subpart CC specifies the applicable test and demonstration procedures

63.7(a)(2)

No

Test results must be submitted in the notifi-cation of compliance status
report due 150 days after the compliance date

63.7(a)(3)

Yes

63.7(b)

Yes

Notifications

Except Subpart CC specifies notification at least 30 days prior to the
scheduled test date rather than 60 days

63.7(c)

Yes

Quality Assurance/Test Plan

63.7(d)

Yes

Testing Facilities

63.7(e)(1)-

63.7(e)(2)

Yes

Conduct of Tests

63.7(e)(3)

No

Subpart CC specifies the applicable methods and procedures

63.7(e)(4)

Yes

63.7(f)

Yes

Alternative Test Method

Subpart CC specifies the applicable methods and provides alternatives

63.7(g)

No

Data Analysis, Recordkeeping, Reporting Subpart CC specifies performance
test reports and requires additional records for continuous emission
monitoring systems

63.7(h)(1)-

63.7(h)(3)

Yes

Waiver of Tests

63.7(h)(4)

No

63.7(h)(5)

Yes

63.8(a)

No

Monitoring Requirements -

Applicability

63.8(b)(1)

Yes

Conduct of Monitoring

63.8(b)(2)

Yes

63.8(b)(3)

Yes

63.8(c)(1)(i)

Yes

CMS Operation and Maintenance

63.8(c)(1)(ii)

Yes

63.8(c)(1)(iii)

Yes

63.8(c)(2)

Yes

63.8(c)(3)

Yes

Except that operational status verification includes completion of
manufacturer written specifications or installation operation, and
calibration of the system or other written procedures that provide
adequate assurance that the equipment will monitor accurately

63.8(c)(4)

No

Monitoring frequency is specified in subpart CC

63.8(c)(5)-

63.8(c)(8)

No

63.8(d)

Yes

Quality Control

63.8(e)

Yes

CMS Performance Evaluation

May be required by Administrator

63.8(f)(1)

Yes

Alternative Monitoring Method

63.8(f)(2)

Yes

63.8(f)(3)

Yes

63.8(f)(4)(i)-(iv)

Yes

63.8(f)(5)(i)-(iii)

Yes

63.8(f)(6)

No

63.8(g)

No

Subpart CC specifies data reduction for CMS

63.9(a)

Yes

Notification Requirements - Applicability

Duplicate notification of compliance status report to RA may be required

63.9(b)(1)(i)

Yes

Initial Notifications

63.9(b)(1)(ii)

Yes

63.9(b)(1)(iii)

Yes

63.9(b)(2)

Yes

63.9(b)(3)

No

[Reserved]

63.9(b)(4)

Yes

63.9(b)(5)

Yes

63.9(c)

Yes

Request for Compliance Extension

63.9(d)

Yes

New Source Notification for Special Compliance Requirements

63.9(e)

Yes

Except notification is required at least 30 days before test

63.9(f)

Yes

Notification of VE/Opacity Test

63.9(g)

No

63.9(h)

Yes

63.9(i)

Yes

Adjustment of Deadlines

63.9(j)

No

Change in Previous Information

63.10(a)

Yes

Recordkeeping/Reporting-

Applicability

63.10(b)(1)

Yes

63.10(b)(2)(i)-(xiv)

Yes

63.10(b)(3)

Yes

63.10(c)

Yes

Additional CMS Recordkeeping

63.10(d)(1)

No

General Reporting Requirements

63.10(d)(2)

Yes

Performance Test Results

63.10(d)(3)

Yes

63.10(d)(4)

Yes

Progress Reports

63.10(d)(5)(i)

Yes

Startup, Shutdown, and Malfunction Reports

Except that reports are not required if actions are consistent with SSM
plan, unless requested by permitting authority

63.10(d)(5)(ii)

Yes

Except that actions taken during a startup, shut- down, or malfunction
that are not consistent with the plan do not need to be reported within
2 and 7 days of commencing and completing the action, respectively, but
must be included in next periodic report

63.10(e)(1)

Yes

Additional CMS Reports

63.10(e)(2)

No

63.10(e)(3)

Yes

Excess Emissions/CMS Performance Reports

63.10(e)(4)

No

63.10(f)

Yes

Recordkeeping/Reporting Waiver

63.11

Yes

Control Device Requirements

Applicable to flares

63.12

Yes

State Authority and Delegations

63.13

Yes

Addresses

63.14

Yes

Incorporation by Reference

63.15

Yes

Availability of Information/

Confidentiality

 In the Benzene NESHAP decision, the Agency considered the same risk
measures in the “acceptability” analysis as in the “margin of
safety” analysis, stating:  “In the ample margin decision, the
Agency again considers all of the health risk and other health
information considered in the first step.  Beyond that information,
additional factors relating to the appropriate level of control will
also be considered, including costs and economic impacts of controls,
technological feasibility, uncertainties, and any other relevant
factors.  Considering all of these factors, the Agency will establish
the standard at a level that provides an ample margin of safety to
protect the public health, as required by section 112.”

 For the reasons provided in the preamble to the proposed amendments to
the National Emission Standards for Organic Hazardous Air Pollutants
from the Synthetic Organic Chemical Manufacturing Industry (71 FR
34426-34428, June 14, 2006), we believe that section 112(i) should
govern the compliance period.

 For an explanation of the corrections we accepted and the corrections
we did not accept, see the Summary of Comments on Emissions Data for the
Petroleum Refineries Advanced Notice of Public Rulemaking, which has
been placed in the docket.

  Capacity includes owned or leased facilities as well as facilities
under a processing agreement or an agreement such as an exchange
agreement or a throughput.  The total product to be delivered under the
contract must be at least 90 percent refined by the successful bidder
from either crude oil or bona fide feedstocks.

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National Emission Standards for Hazardous Air Pollutants From Petroleum
Refineries-- and Benzene Waste Amendments – Proposed Amendments

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