( 3) For Item 3 in Table 7 to this subpart, the owner 188 STAFF DRAFT  09/ 30/ 2005 or operator shall submit the monitoring results for each operating day during which the daily average value of any monitored parameter was above the maximum or below the minimum operating parameter value established in the Notification of Compliance Status or operating permit.

( f) Semiannual reporting for control devices. Except as provided in paragraph ( g) of this section, for each control device used to comply with § § 60.774 through 60.780 of this subpart, the owner or operator shall submit as part of the next semiannual report required by paragraph ( d) of this section the information specified in either paragraph ( f)( 1) or ( 2) of this section.

( 1) The information specified in Table 13 to this subpart, or ( 2) If the owner or operator elects to comply with § 60.781( d)( 2) of this subpart, i. e., an organic monitoring device installed at the outlet of the control device, the owner or operator shall submit the monitoring results for each operating day during which the daily average concentration level or reading is above the maximum or below the minimum ( as appropriate) operating parameter value established as a requirement of § 60.781( e) of this subpart or established in the facility's operating permit. 189 STAFF DRAFT  09/ 30/ 2005 ( g) Where the owner or operator obtains approval to use a treatment process or control device other than one for which monitoring requirements are specified in § 60.781 of this subpart, or to monitor parameters other than those specified in Table 7 or 8 to this subpart, the owner or operator shall comply with the appropriate reporting requirements established by the Administrator.

( h) Notifications. Comply with the notification requirements specified in this paragraph ( h), as applicable.

( 1) Notification of performance test. The owner or operator shall notify the Administrator of the intention to conduct a performance test, as specified in § 60.783 of this subpart, at least 30 calendar days before the performance test is scheduled to allow the Administrator the opportunity to have an observer present during the test.

( 2) Application for performance test waiver.

Performance tests, as specified in § 60.783 of this subpart,

may be waived upon written application to the Administrator if, in the Administrator's judgment, the facility is meeting the standards on a continuous basis, or the facility is being operated under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request. 190 STAFF DRAFT  09/ 30/ 2005 Owners or operators who apply for a waiver of a performance test shall submit the application by the dates specified in paragraph ( h)( 2)( i) of this section.

( i) The application for a waiver of an initial performance test shall be submitted not later than 90 calendar days before the Notification of Compliance Status required in paragraph ( c) of this section is due to be submitted.

( ii) Any application for a waiver of a performance test shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected facility performing the required test.

( iii) Approval of a waiver granted under paragraph ( h)( 2) of this section shall not abrogate the Administrator's authority under the Act or in any way prohibit the Administrator from later canceling the waiver.

Any cancellation will be made only after notice is given to the owner or operator.

( 3) Notice of off site or third party treatment. The owner or operator who elects to transfer a Group 1 wastewater stream or residual to an on site treatment operation not owned or operated by the owner or operator of 191 STAFF DRAFT  09/ 30/ 2005 the affected facility generating the wastewater stream or residual, or to an off site treatment operation, as specified in § 60.773( e)( 1)( ii) of this subpart, shall include a notice with the shipment. The notice shall state that the wastewater stream or residual contains organic wastewater compounds that are to be treated in accordance with the provisions of this subpart. When the transport is continuous or ongoing ( for example, discharge to a publiclyowned treatment works), the notice shall be submitted to the treatment operator initially and whenever there is a change in the required treatment. The notice shall be retained by the owner or operator as specified in § 60.785( d) of this subpart.

( 4) Certification of off site or third party treatment. The owner or operator transferring a wastewater stream or residual, as specified in § 60.773( e)( 2) of this subpart, shall submit to EPA a written certification, that the transferee will manage and treat any Group 1 wastewater stream or residual removed from a Group 1 wastewater stream received from an affected facility subject to the requirements of this subpart in accordance with the requirements of either § § 60.774 through 60.786 of this subpart, or § 60.787( c) of this subpart if alternative 192 STAFF DRAFT  09/ 30/ 2005 emission limitations have been granted the transferor in accordance with those provisions.

( 4) [ Reserved]

( 5) Organic Peroxides. Control requirements for emission sources containing organic peroxides may be waived upon written application to the Administrator if, in the Administrator's judgment, the owner or operator cannot meet an applicable requirement for safety reasons. Written documentation must include reasons why an undue safety hazard would be created if air emission controls were installed, and procedures that will be implemented to minimize OWC emissions from these sources. The request shall be submitted no later than 90 calendar days before the Notification of Compliance Status required in paragraph ( c)

of this section is due to be submitted. The Administrator shall have the right to dispprove of the request to not control these emission sources as otherwise required by the standards.

( 6) Recipients of notifications.

( i) Before a State has been delegated the authority to implement and enforce notification requirements established under this paragraph ( h), the owner or operator shall submit notifications to the appropriate Regional Office of EPA ( to 193 STAFF DRAFT  09/ 30/ 2005 the attention of the Director of the Division indicated in the list of EPA Regional Offices in 40 CFR 63.13).

( ii) After a State has been delegated the authority to implement and enforce notification requirements established under this paragraph ( h), the owner or operator shall submit notifications to the delegated State authority. In addition, if the delegated authority is the State, the owner or operator shall send a copy of each notification submitted to the State to the appropriate Regional Office of EPA, as specified in paragraph ( h)( 5)( i) of this section. The Regional Office may waive this requirement for any specific notifications at its discretion.

§ 60.785 Recordkeeping requirements.

( a) Overview. Data retention requirements are specified in paragraph ( b) of this section. Each owner or operator shall keep the records specified in paragraphs ( a)( 1) through ( 3) of this section, as applicable:

( 1) Records required by subpart A of part 60 of this part, as specified in Table 2 of this subpart;

( 2) Records required in paragraphs ( c) through ( j) of this section; and ( 3) Startup, shutdown, and malfunction records specified in § 60.787( b) of this subpart. 194 STAFF DRAFT  09/ 30/ 2005 ( b) Data retention. Unless otherwise specified in this subpart, each owner or operator shall keep copies of all applicable records and reports required by this subpart for at least 5 years. All applicable records shall be maintained in such a manner that they can be readily accessed. Records of the most recent 2 years shall be retained onsite or shall be accessible to an inspector while onsite. The records of the remaining 3 years may be retained offsite. Records may be maintained in hard copy or computer readable form including, but not limited to, on paper, microfilm, computer, floppy disk, magnetic tape, or microfiche.

( c) Miscellaneous records. The owner or operator shall keep the applicable records specified in paragraphs ( c)( 1) through ( 18 ) of this section.

( 1) A record that each waste management unit inspection required by § 60.774 of this subpart was performed.

( 2) A record that each inspection for control devices required by § 60.780( f) of this subpart was performed. If gaps, tears, or holes are observed during the inspection in ductwork, piping, or connections to covers and control devices, the owner or operator shall include this in the 195 STAFF DRAFT  09/ 30/ 2005 record. A record shall be kept to document when attempts at repair were made and when final repairs were completed.

( 3) For Items 1 and 3 of Table 7 to this subpart, the owner or operator shall keep the records approved by the Administrator.

( 4) Except as provided in paragraph ( c)( 5) of this section, continuous records of the monitored parameters specified in Item 2 of Table 7, in Table 8, or in § 60.781( d)( 2) to this subpart, as appropriate.

( 5) Where the owner or operator obtains approval to use a treatment process or control device other than one for which monitoring requirements are specified in § 60.781 of this subpart, or to monitor parameters other than those specified in Table 7 or 8 to this subpart, the owner or operator shall comply with the recordkeeping requirements established by the Administrator as part of the review of the permit application or other appropriate means.

( 6) The owner or operator who is complying with the provisions in § 60.789( c)( 1) or ( d)( 2) of this subpart shall keep a record of the information used to determine which control, testing, monitoring, recordkeeping, and reporting requirements are the most stringent, or will ensure compliance, respectively. 196 STAFF DRAFT  09/ 30/ 2005 ( 7) Documentation of a decision to use a delay of repair due to unavailability of parts, as specified in § 60.777( c) of this subpart, shall include a description of the failure, the reason additional time was necessary ( including a statement of why replacement parts were not kept on site and when the manufacturer promised delivery),

the date when repair would have been completed if parts had been available, and the date when repair was completed.

( 8) The owner or operator shall keep a record of each affected facility that does not generate at least one process wastewater stream, maintenance wastewater stream, or aqueous in process stream. The owner or operator of each affected facility for which a DCPU determination was made according to 60.770 ( c)( 3) shall keep a record identifying major equipment in each DCPU.

( 9) Requirements for Group 2 wastewater streams. This paragraph does not apply to Group 2 wastewater streams that are used to comply with § 60.779( g) of this subpart. For all other Group 2 wastewater streams, the owner or operator shall keep in a readily available location the records specified in paragraphs ( b)( 9)( i) through ( iv) of this section.

( i) Identification and description of the CPU. 197 STAFF DRAFT  09/ 30/ 2005 ( ii) Stream identification code.

( iii) Concentration of compound( s) in ppmw. Include documentation of the methodology used to determine concentration.

( iv) Flow rate in liters per minute.

( 10) The owner or operator shall keep a record or provide documentation on demand documenting that the cost of a physical or operational change as specified in § 60.772( c)( 3) was less than 12.5 percent.

( 11) The owner or operator shall keep a record or provide documentation on demand showing how it was determined that a process wastewater or aqueous in process stream was not affected by a physical or operational change as specified in § 60.772( d). At a minimum, this documentation shall include the concentration and flow rate of affected process wastewater and aqueous in process streams both before and after a physical or operational change.

( 12) The owner or operator shall keep a record or provide on demand documentation kept for financial or tax purposes that documents when costs for replacements were first incurred and the costs of the replacements, as specified in § 60.772( k) of this subpart. 198 STAFF DRAFT  09/ 30/ 2005 ( 13) The owner or operator who opts to exclude up to 5 Mg of organic wastewater compound per year from control,

as specified in § 60.779( m) of this subpart, shall keep a record of the CPUs that will not be controlled and the calculations used to determine the annual average concentration and the annual flow rate, as specified in § 60.779( m)( 1) and ( 2) of this subpart.

( 14) If a stream specific list of organic wastewater compound is required, as specified in § 60.778 of this subpart, the owner or operator shall keep a record of the following information, as applicable.

( i) When creating a stream specific list of organic wastewater compound for Group 1 and Group 2 determination,

as specified in § 60.778( d) of this subpart, document how the percentage of organic wastewater compound in the process wastewater stream was determined.

( ii) When creating a stream specific list of organic wastewater compound for estimating VOC emission changes for modification determinations, as specified in § 60.778( e) of this subpart, document how the percentage of organic wastewater compound in the process wastewater stream or aqueous in process stream was determined.

( 15) The owner or operator subject to § 60.779( a)( 7) of 199 STAFF DRAFT  09/ 30/ 2005 this subpart shall identify, and keep a record of, the combination of treatment processes or control devices,

including identification of the first and last treatment process or control device.

( 16) The owner or operator subject to the maintenance wastewater requirements in § 60.776 of this subpart shall maintain a record of the information required by § 60.776( b)

through ( d) of this subpart.

( 17) The owner or operator shall keep the written startup, shutdown, and malfunction plan required in § 60.787( b) of this subpart on record after it is developed to be made available for inspection, upon request, by the Administrator for the life of the affected facility or until the affected facility is no longer subject to the provisions of this subpart. In addition, if the startup, shutdown, and malfunction plan is revised, the owner or operator shall keep previous ( i. e., superceded) versions of the plan on record, to be made available for inspection, upon request by the Administrator, for a period of 5 years after each revision to the plan.

( 18) Recordkeeping for non affected facilities. The owner or operator of a non affected facility shall keep records sufficient to demonstrate the information used to 200 STAFF DRAFT  09/ 30/ 2005 determine the affected facility in 60.770 ( c). In addition,

a non affected facility that is part of a SOCMI CPU for which a DCPU determination was made according to 60.770 ( c)( 4) shall keep a record identifying major equipment in each DCPU.

( d) Records of transfer of Group 1 wastewater streams or residuals. The owner or operator transferring a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream in accordance with § 60.773( e) of this subpart shall keep records as specified in paragraphs ( d)( 1)

and ( 2) of this section.

( 1) Keep a record of the notice sent to the treatment operator, as specified in § 60.784( h)( 3) of this subpart,

stating that the wastewater stream or residual contains organic wastewater compound which are required to be managed and treated in accordance with the provisions of this subpart.

( 2) Keep a record of the certification sent to EPA, as specified in § 60.784( h)( 4) of this subpart, stating that the transferee will manage and treat any Group 1 wastewater stream or residual in accordance with the provisions of this subpart.

( e) Control device records. For each boiler or 201 STAFF DRAFT  09/ 30/ 2005 process heater used to comply with this subpart, the owner or operator shall keep a record of any changes in the location at which the vent stream is introduced into the flame zone.

( f) Continuous records. Owners or operators required to keep continuous records by any section of this subpart shall keep records as specified in paragraphs ( f)( 1) through ( 10) of this section, unless an alternative recordkeeping system has been requested and approved under § 60.784( b) of this subpart, except as provided in § 60.784( d)( 5)( i) of this subpart.

( 1) The monitoring system shall measure data values at least once every 15 minutes.

( 2) The owner or operator shall record either:

( i) Each measured data value; or ( ii) Block average values for 15 minute or shorter periods calculated from all measured data values during each period or at least one measured data value per minute if measured more frequently than once per minute.

( 3) If the daily average value of a monitored parameter for a given operating day is below the maximum or above the minimum established value in the Notification of Compliance Status required by § 60.784( c) of this subpart or 202 STAFF DRAFT  09/ 30/ 2005 the operating permit, the owner or operator shall either:

( i) Retain block hourly average values for that operating day for 5 years and discard, at or after the end of that operating day, the 15 minute or more frequent average values and readings recorded under paragraph ( f)( 2)

of this section; or ( ii) Retain the data recorded under paragraph ( f)( 2)

of this section for 5 years.

( 4) If the daily average value of a monitored parameter for a given operating day is above the maximum or below the minimum established value in the report required by § 60.784( c) of this subpart or by the operating permit,

the owner or operator shall retain the data recorded that operating day under paragraph ( f)( 2) of this section for 5 years.

( 5) Daily average values of each continuously monitored parameter shall be calculated for each operating day, and retained for 5 years, unless otherwise specified in this section.

( i) The daily average shall be calculated as the average of all values for a monitored parameter recorded during the operating day. The average shall cover a 24 hour period if operation is continuous, or the number of hours of 203 STAFF DRAFT  09/ 30/ 2005 operation per operating day if operation is not continuous.

( ii) The operating day shall be the period defined in the operating permit or the report required by § 60.784( c) of this subpart. It may be from midnight to midnight or another daily period.

( 6) If all recorded values for a monitored parameter during an operating day are below the maximum or above the minimum established value in the report required by § 60.784( c) of this subpart or by the operating permit, the owner or operator may record this fact and retain this record for 5 years rather than calculating and recording a daily average for that operating day. For these operating days, the records required in paragraph ( f)( 3) of this section shall also be retained for 5 years.

( 7) Monitoring data recorded during periods identified in paragraphs ( f)( 7)( i) through ( v) of this section shall not be included in any average computed under this subpart.

Records shall be kept of the times and durations of all such periods and any other periods during process or control device operation when monitors are not operating.

( i) Monitoring system breakdowns, repairs, calibration checks, and zero ( low level) and high level adjustments:

( ii) Startups; 204 STAFF DRAFT  09/ 30/ 2005 ( iii) Shutdowns;

( iv) Malfunctions;

( v) Periods of non operation of the chemical process unit ( or portion thereof), resulting in cessation of the emissions to which the monitoring applies.

( 8) Flares. For flares, records of the times and duration of all periods during which all pilot flames are simultaneously absent shall be kept rather than daily averages.

( 9) Regenerative carbon adsorbers. For regenerative carbon adsorbers, the owner or operator shall keep the records specified in paragraphs ( e)( 9)( i) and ( ii) of this section instead of daily averages.

( i) Records of the total regeneration stream mass flow for each carbon bed regeneration cycle.

( ii) Records of the temperature of the carbon bed after each regeneration cycle.

( 10) Non regenerative carbon adsorbers. For nonregenerative carbon adsorbers using organic monitoring equipment, the owner or operator shall keep the records specified in paragraph ( f)( 10)( i) of this section instead of daily averages. For non regenerative carbon adsorbers in which the carbon is replaced with fresh carbon at a regular 205 STAFF DRAFT  09/ 30/ 2005 predetermined time interval that is less than the carbon replacement interval determined by the maximum design flow rate and organic concentration in the gas stream vented to the carbon adsorption system, the owner or operator shall keep the records specified in paragraph ( f)( 10)( ii) of this section instead of daily averages.

( i)( A) Records of how the monitoring frequency, as specified in Table 8 of this subpart, was determined.

( B) Records of when the organic compound concentration of the adsorber exhaust was monitored.

( C) Records of when the carbon was replaced.

( ii)( A) Record of how the carbon replacement interval,

as specified in Table 8 of this subpart, was determined.

( B) Records of when the carbon was replaced.

( g) Determining Group status records. Annual average concentration records. The owner or operator who determines Group status by determining the annual average concentration and annual average flow rate of the wastewater stream shall keep the following records, as applicable.

( 1) Process knowledge records. If the owner or operator determines that a wastewater stream is not a Group 1 wastewater stream by using process knowledge to determine the annual average concentration of a wastewater stream as 206 STAFF DRAFT  09/ 30/ 2005 specified in § 60.782( b)( 3) of this subpart, or uses process knowledge to determine the annual average flow rate as specified in § 60.782( c)( 1) of this subpart, the owner or operator shall keep the documentation of this determination.

( 2) Bench scale or pilot scale test data. If the owner or operator determines that a wastewater stream is a Group 1 or Group 2 wastewater stream by using bench scale or pilot scale test data to determine the annual average concentration of a wastewater stream as specified in § 60.782( b)( 4) of this subpart, the owner or operator shall keep documentation of the data specified in § 60.782( b)( 4) of this subpart.

( 3) Sampling Plan. If the owner or operator elects to comply with § 60.782( a)( 1) of this subpart and will comply with § 60.782( b)( 5) of this subpart by measuring the annual average concentration of organic wastewater compound, the owner or operator shall keep a copy of the sampling plan, as specified in § 60.782( b)( 5)( ii) of this subpart. The sampling plan shall include procedures for determining recovery efficiency of the relevant organic wastewater compound. An example of an acceptable sampling plan would be one that incorporates similar sampling and sample handling requirements to those of Method 25D, 40 CFR part 207 STAFF DRAFT  09/ 30/ 2005 60, appendix A. The sampling plan shall be maintained at the facility.

( 4) Historical records. If the owner or operator determines that a wastewater stream is a Group 2 wastewater stream by using historical records to determine the annual average flow rate of a wastewater stream as specified in § 60.782( c)( 2) of this subpart, the owner or operator shall keep documentation as specified in § 60.782( c)( 2) of this subpart.

( 5) Measurement records. If the owner or operator determines that a wastewater stream is a Group 2 wastewater stream by using measurements to determine the annual average flow rate of a wastewater stream as specified in § 60.782( c)( 3) of this subpart, the owner or operator shall keep documentation of the measurements specified in § 60.782( c)( 3) of this subpart.

( h) Continuous monitoring system records. For continuous monitoring systems used to comply with this subpart, keep records documenting the completion of calibration checks, and records documenting the maintenance of continuous monitoring systems that are specified in the manufacturer's instructions or that are specified in other written procedures, that provide adequate assurance that the 208 STAFF DRAFT  09/ 30/ 2005 equipment would reasonably be expected to monitor accurately.

( i) Records for leak inspections. The owner or operator required to comply with the leak inspection provisions of § 60.786 of this subpart shall keep a record of the information specified in paragraphs ( i)( 1) through ( 7)

of this section.

( 1) Identification of all parts of the control device that are designated as unsafe to inspect, as specified in § 60.786( g) of this subpart, an explanation stating why the equipment is unsafe to inspect, and the plan for inspecting the equipment.

( 2) Identification of all parts of the control device that are designated as difficult to inspect, as specified in § 60.786( h) of this subpart, an explanation stating why the equipment is difficult to inspect, and the plan for inspecting the equipment.

( 3) Identification of all parts of the vapor collection system, closed vent system, fixed roof, cover, or enclosure that are designated as unsafe to inspect, an explanation of why the equipment is unsafe to inspect, and the plan for inspecting the equipment.

( 4) For each vapor collection system or closed vent 209 STAFF DRAFT  09/ 30/ 2005 system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere,

the owner or operator shall keep a record of the information specified in either paragraph ( i)( 4)( i) or ( ii) of this section.

( i) Hourly records of whether the flow indicator specified under § 60.786( f)( 1) of this subpart was operating and whether a diversion was detected at any time during the hour, as well as records of the times of all periods when the vent stream is diverted from the control device or the flow indicator is not operating.

( ii) Where a seal or closure mechanism is used to comply with § 60.786( f)( 2) of this subpart, hourly records of whether a diversion was detected are not required. The owner or operator shall record whether the monthly visual inspection of the seals or closure mechanisms has been done,

and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line damper or valve position has changed, or the key for a lock and key type configuration has been checked out, and records of any carseal that has broken.

( 5) For each inspection during which a leak is detected, a record of the information specified in 210 STAFF DRAFT  09/ 30/ 2005 paragraphs ( i)( 5)( i) through ( viii) of this section.

( i) The instrument identification numbers, the name or initials of the person conducting the inspection, and identification of the equipment.

( ii) The date the leak was detected and the date of the first attempt to repair the leak.

( iii) Maximum instrument reading measured by the method specified in § 60.786( f)( 1) of this subpart after the leak is successfully repaired or determined to be nonrepairable

( iv) " Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.

( v) The name, initials, or other form of identification of the owner or operator ( or designee) whose decision it was that repair could not be effected without a shutdown.

( vi) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days.

( vii) Dates of shutdowns that occur while the equipment is unrepaired.

( viii) The date of successful repair of the leak.

( 6) For each inspection conducted in accordance with 211 STAFF DRAFT  09/ 30/ 2005 § 60.786( c) of this subpart during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected.

( 7) For each visual inspection conducted in accordance § 60.786( b)( 1)( ii) or ( 3)( ii) of this subpart during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected.

( j) Reduced recordkeeping program. For any parameter with respect to any item of equipment, the owner or operator may implement the recordkeeping requirements specified in paragraph ( j)( 1) or ( 2) of this section as alternatives to the continuous operating parameter monitoring and recordkeeping provisions specified in this subpart. The owner or operator shall retain for a period of 5 years each record required by paragraphs ( j)( 1) and ( 2) of this section.

( 1) The owner or operator may retain only the daily average value, and is not required to retain more frequent monitored operating parameter values, for a monitored parameter with respect to an item of equipment, if the requirements of paragraphs ( j)( 1)( i) through ( vi) of this 212 STAFF DRAFT  09/ 30/ 2005 section are met. An owner or operator electing to comply with the requirements of this paragraph ( j)( 1) shall notify the Administrator in the Notification of Compliance Status as specified in § 60.784( c)( 13) of this subpart or, if the Notification of Compliance Status has already been submitted, in the semiannual report immediately preceding implementation of the requirements of this paragraph ( j)( 1)

as specified in § 60.784( d)( 7) of this subpart.

( i) The monitoring system is capable of detecting unrealistic or impossible data during periods of operation other than startups, shutdowns, or malfunctions ( e. g., a temperature reading of  200

C on a boiler), and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence.

( ii) The monitoring system generates, updated at least hourly throughout each operating day, a running average of the monitoring values that have been obtained during that operating day, and the capability to observe this running average is readily available to the Administrator on site during the operating day. The owner or operator shall record the occurrence of any period meeting the criteria in 213 STAFF DRAFT  09/ 30/ 2005 paragraphs ( j)( 1)( ii)( A) through ( C) of this section. All instances in an operating day constitute a single occurrence.

( A) The running average is above the maximum or below the minimum established limits;

( B) The running average is based on at least six 1 hour average values; and ( C) The running average reflects a period of operation other than a startup, shutdown, or malfunction.

( iii) The monitoring system is capable of detecting unchanging data during periods of operation other than startups, shutdowns, or malfunctions, except in circumstances where the presence of unchanging data is the expected operating condition based on past experience ( e. g.,

pH in some scrubbers), and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence.

( iv) The monitoring system will alert the owner or operator by an alarm or other means, if the running average parameter value calculated under paragraph ( j)( 1)( ii) of this section reaches a setpoint that is appropriately related to the established limit for the parameter that is 214 STAFF DRAFT  09/ 30/ 2005 being monitored.

( v) The owner or operator shall verify the proper functioning of the monitoring system, including its ability to comply with the requirements of this paragraph ( j)( 1) ,

at the times specified in paragraphs ( j)( 1)( v)( A) through ( C) of this section. The owner or operator shall document that the required verifications occurred:

( A) Upon initial installation;

( B) Annually after initial installation; and ( C) After any change to the programming or equipment constituting the monitoring system, which might reasonably be expected to alter the monitoring system's ability to comply with the requirements of this section.

( vi) The owner or operator shall retain the records identified in paragraphs ( j)( 1)( vi)( A) through ( D) of this section.

( A) Identification of each parameter, for each item of equipment, for which the owner or operator has elected to comply with the requirements of this paragraph ( j).

( B) A description of the applicable monitoring system( s), and of how compliance will be achieved with each requirement of paragraphs ( j)( 1)( i) through ( v) of this section. The description shall identify the location and 215 STAFF DRAFT  09/ 30/ 2005 format ( e. g., on line storage, log entries) for each required record. If the description changes, the owner or operator shall retain both the current and the most recent superseded description, as provided in paragraph ( a) of this section, except as provided in paragraph ( j)( 1)( vi)( D) of this section.

( C) A description, and the date, of any change to the monitoring system that would reasonably be expected to impair its ability to comply with the requirements of this paragraph ( j)( 1).

( D) Owners and operators subject to paragraph ( j)( 1)( vi)( B) of this section shall retain the current description of the monitoring system as long as the description is current, but not less than 5 years from the date of its creation. The current description shall, at all times, be retained on site or be accessible from a central location by computer or other means that provides access within 2 hours after a request. The owner or operator shall retain all superseded descriptions for at least 5 years after the date of their creation. Superseded descriptions shall be retained on site ( or accessible from a central location by computer or other means that provides access within 2 hours after a request) for at least 6 months after 216 STAFF DRAFT  09/ 30/ 2005 their creation. Thereafter, superseded descriptions may be stored off site.

( 2) If an owner or operator has elected to implement the requirements of paragraph ( j)( 1) of this section for a monitored parameter with respect to an item of equipment and a period of 6 consecutive months has passed without an excursion as defined in paragraph ( j)( 2)( iv) of this section, the owner or operator is no longer required to record the daily average value for any operating day when the daily average value is less than the maximum or greater than the minimum established limit. With approval by the Administrator, monitoring data generated prior to the compliance date of this subpart shall be credited toward the period of 6 consecutive months, if the parameter limit and the monitoring accomplished during the period prior to the compliance date was required and/ or approved by the Administrator.

( i) If the owner or operator elects not to retain the daily average values, the owner or operator shall notify the Administrator in the next semiannual report as specified in § 60.784( d)( 8) of this subpart. The notification shall identify the parameter and unit of equipment.

( ii) If, on any operating day after the owner or 217 STAFF DRAFT  09/ 30/ 2005 operator has ceased recording daily average values as provided in this paragraph ( j)( 2) , there is an excursion as defined in paragraph ( j)( 2)( iv) of this section, the owner or operator shall immediately resume retaining the daily average value for each operating day and shall notify the Administrator in the next semiannual report. The owner or operator shall continue to retain each daily average value until another period of 6 consecutive months has passed without an excursion as defined in paragraph ( j)( 2)( iv) of this section.

( iii) The owner or operator shall retain the records specified in paragraphs ( j)( 1)( i) through ( iv) of this section, for the duration specified in this paragraph ( j).

For any calendar week, if compliance with paragraphs ( j)( 1)( i) through ( iv) of this section does not result in retention of a record of at least one occurrence or measured parameter value, the owner or operator shall record and retain at least one parameter value during a period of operation other than a startup, shutdown, or malfunction.

( iv) For purposes of this paragraph ( j), an excursion means that the daily average value of monitoring data for a parameter is greater than the maximum, or less than the minimum established value, except that the daily average 218 STAFF DRAFT  09/ 30/ 2005 value during any startup, shutdown, or malfunction shall not be considered an excursion for purposes of this paragraph ( j)( 2), if the owner or operator follows the applicable provisions of the startup, shutdown, and malfunction plan required by § 60.787 of this subpart. An excused excursion,

as described in § 60.784( d)( 4) of this subpart, shall not be considered an excursion for purposes of this paragraph ( j)( 2).

§ 60.786 Leak inspection provisions.

( a) For each vapor collection system, closed vent system, fixed roof, cover, or enclosure required to comply with this section, except for enclosures operated under negative pressure as specified in paragraph ( j) of this section, the owner or operator shall comply with the requirements of paragraphs ( b) through ( i) of this section,

unless otherwise specified in this subpart.

( b) Except as provided in paragraphs ( g) and ( h) of this section, each vapor collection system and closed vent system shall be inspected according to the procedures and schedule specified in paragraphs ( b)( 1) and ( 2) of this section and each fixed roof, cover, and enclosure shall be inspected according to the procedures and schedule specified in paragraph ( b)( 3) of this section. 219 STAFF DRAFT  09/ 30/ 2005 ( 1) If the vapor collection system or closed vent system is constructed of hard piping, the owner or operator shall:

( i) Conduct an initial inspection according to the procedures in paragraph ( c) of this section; and ( ii) Conduct annual visual inspections for visible,

audible, or olfactory indications of leaks.

( 2) If the vapor collection system or closed vent system is constructed of ductwork, the owner or operator shall:

( i) Conduct an initial inspection according to the procedures in paragraph ( c) of this section;

( ii) Conduct annual inspections according to the procedures in paragraph ( c) of this section; and ( iii) Conduct annual visual inspections for visible,

audible, or olfactory indications of leaks.

( 3) For each fixed roof, cover, and enclosure, the owner or operator shall:

( i) Conduct an initial inspection according to the procedures in paragraph ( c) of this section; and ( ii) Conduct semiannual visual inspections for visible, audible, or olfactory indications of leaks.

( c) Each vapor collection system, closed vent system, 220 STAFF DRAFT  09/ 30/ 2005 fixed roof, cover, and enclosure shall be inspected according to the procedures specified in paragraphs ( c)( 1)

through ( 6) of this section.

( 1) Inspections shall be conducted in accordance with Method 21, 40 CFR part 60, appendix A, and with the exceptions and modifications specified in this subpart.

( 2) The detection instrument shall meet the performance criteria of Method 21, 40 CFR part 60, appendix A except the instrument response factor criteria in section 8.1.1 of Method 21 shall be for the average composition of the process fluid and not each individual organic wastewater compound in the stream.

( i) Except as provided in paragraph ( c)( 2)( ii) of this section, the detection instrument shall meet the performance criteria of Method 21, 40 CFR part 60, appendix A, except the instrument response factor criteria in section 8.1.1 of Method 21 shall be for the average composition of the process fluid and not each individual organic wastewater compound in the stream. For process streams that contain nitrogen, air, or other inerts which are not organic hazardous air pollutants or organic wastewater compounds,

the average stream response factor shall be calculated on an inert free basis. 221 STAFF DRAFT  09/ 30/ 2005 ( ii) If no instrument is available at the plant site that will meet the performance criteria specified in paragraph ( c)( 2)( i) of this section, the instrument readings may be adjusted by multiplying by the average response factor of the process fluid, calculated on an inert free basis as described in paragraph ( c)( 2)( i) of this section.

( 3) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21, 40 CFR part 60, appendix A.

( 4) Calibration gases shall be as follows:

( i) Zero air ( less than 10 ppmv hydrocarbon in air);

and ( ii) Mixtures of methane in air at a concentration less than 10,000 ppmv. A calibration gas other than methane in air may be used if the instrument does not respond to methane or if the instrument does not meet the performance criteria specified in paragraph ( c)( 2)( i) of this section.

In such cases, the calibration gas may be a mixture of one or more of the compounds to be measured in the air.

( 5) An owner or operator may elect to adjust or not adjust instrument readings for background. If an owner or operator elects to not adjust readings for background, all such instrument readings shall be compared directly to the 222 STAFF DRAFT  09/ 30/ 2005 applicable leak definition to determine whether there is a leak. If an owner or operator elects to adjust instrument readings for background, the owner or operator shall measure background concentration using the procedures in 40 CFR 63.148( b) and ( c). The owner or operator shall subtract the background reading from the maximum concentration indicated by the instrument.

( 6) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 ppmv for determining compliance.

( d) Leaks, as indicated by an instrument reading greater than 500 ppmv above background or by visual inspections, shall be repaired as soon as practical, except as provided in paragraph ( e) of this section.

( 1) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected.

( 2) Repair shall be completed no later than 15 calendar days after the leak is detected.

( e) Delay of repair of a vapor collection system,

closed vent system, fixed roof, cover, or enclosure for which leaks have been detected is allowed if the repair is technically infeasible without a shutdown or if the owner or 223 STAFF DRAFT  09/ 30/ 2005 operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next shutdown.

( f) For each vapor collection system or closed vent system that contains bypass lines that could divert emissions away from a control device, the owner or operator shall comply with the provisions of either paragraph ( f)( 1)

or ( 2) of this section. Equipment such as low leg drains,

high point bleeds, analyzer vents, open ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph ( f).

( 1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 60.785( i)( 4)( i) of this subpart. The flow indicator shall be installed at the entrance to any bypass line that could divert emissions away from the control device and to the atmosphere; or ( 2) Secure the bypass line damper or valve in the nondiverting position with a car seal or a lock and key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to 224 STAFF DRAFT  09/ 30/ 2005 ensure that the damper or valve is maintained in the nondiverting position and emissions are not diverted through the bypass line. Records shall be generated as specified in § 60.785( i)( 4)( ii) of this subpart.

( g) Any parts of the vapor collection system,

closedvent system, fixed roof, cover, or enclosure that are designated, as described in paragraph ( g)( 1) of this section, as unsafe to inspect are exempt from the inspection requirements of paragraphs ( b)( 1), ( 2), and ( 3)( i) of this section if:

( 1) The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraph ( b)( 1), ( 2), or ( 3)( i) of this section; and ( 2) The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe to inspect times.

( h) Any parts of the vapor collection system,

closedvent system, fixed roof, cover, or enclosure that are designated, as described in paragraph ( h)( 1) of this section, as difficult to inspect are exempt from the inspection requirements of paragraphs ( b)( 1), ( 2), and 225 STAFF DRAFT  09/ 30/ 2005 ( 3)( i) of this section if:

( 1) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface; and ( 2) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years.

( i) Records required by this section are specified in § 60.785( i) of this subpart.

( j) [ incorporate text from § 63.457( e), Negative pressure procedures.]

§ 60.787 Additional requirements  Startup, shutdown,

malfunction, or non operation; alternative means of emission limitation; and permits ( a) Applicability of this subpart during periods of startup, shutdown, malfunction, or non operation.

Paragraphs ( a)( 1) through ( 3 ) of this section shall be followed during periods of startup, shutdown, malfunction,

or non operation of the affected facility or any devices or systems required by this subpart.

( 1) The emission limitations set forth in this subpart and the emission limitations referred to in this subpart 226 STAFF DRAFT  09/ 30/ 2005 shall apply at all times except during periods of nonoperation of the affected facility ( or specific portion thereof) that generates a process wastewater stream, a maintenance wastewater stream, or an aqueous in process stream resulting in cessation of the emissions to which this subpart applies. The emission limitations of this subpart and the emission limitations referred to in this subpart shall not apply during periods of startup, shutdown, or malfunction. During periods of startup, shutdown, or malfunction, the owner or operator shall operate and maintain the facility ( including air pollution control equipment) in accordance with the procedures specified in the startup, shutdown, and malfunction plan developed under paragraph ( b) of this section. However, if a startup,

shutdown, malfunction, or period of non operation of one portion of an affected facility that generates a process wastewater stream, a maintenance wastewater stream, or an aqueous in process stream does not affect the ability of a particular emission point to comply with the emission limitations to which it is subject, then that emission point shall still be required to comply with the applicable provisions of this subpart during the startup, shutdown,

malfunction, or period of non operation. 227 STAFF DRAFT  09/ 30/ 2005 ( 2) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with this subpart during periods of startup, shutdown, or malfunction during times when emissions, wastewater streams,

or residuals are being routed to such items of equipment, if the shutdown would contravene requirements of this subpart applicable to such items of equipment. This paragraph ( a)( 2) does not apply if the item of equipment is malfunctioning. This paragraph ( a)( 2) also does not apply if the owner or operator shuts down the compliance equipment ( other than monitoring systems) to avoid damage due to a contemporaneous start up, shutdown, or malfunction of the affected facility or portion thereof that generates a process wastewater stream, a maintenance wastewater stream,

or an aqueous in process stream. If the owner or operator has reason to believe that monitoring equipment would be damaged due to a contemporaneous startup, shutdown, or malfunction of the affected facility or portion thereof that generates a process wastewater stream, a maintenance wastewater stream, or an aqueous in process stream, the owner or operator shall provide documentation to the Administrator, as soon as possible, supporting such a claim.

Once approved by the Administrator, the provision for 228 STAFF DRAFT  09/ 30/ 2005 ceasing to collect, during a startup, shutdown, or malfunction, monitoring data that would otherwise be required by the provisions of this subpart must be incorporated into the startup, shutdown, malfunction plan as required in paragraph ( b)( 1)( iii) of this section.

( 3) During startups, shutdowns, and malfunctions when the emission limitations of this subpart do not apply pursuant to paragraphs ( a)( 1) and ( 2) of this section, the owner or operator shall implement, to the extent reasonably available, measures to prevent or minimize excess emissions.

For purposes of this paragraph ( a)( 3), the term " excess emissions" means emissions in excess of those that would have occurred if there were no startup, shutdown, or malfunction and the owner or operator complied with the relevant provisions of this subpart. The measures to be taken shall be identified in the applicable startup,

shutdown, and malfunction plan, and may include, but are not limited to, air pollution control technologies, recovery technologies, work practices, pollution prevention,

monitoring, or changes in the manner of operation of the affected facility that generates a process wastewater stream, a maintenance wastewater stream, or an aqueous inprocess stream. Back up control devices are not required, 229 STAFF DRAFT  09/ 30/ 2005 but may be used if available.

( b) Startup, shutdown, and malfunction plan. The owner or operator of an affected facility that generates a Group 1 process wastewater stream, a maintenance wastewater stream, or an aqueous in process stream shall develop and implement a written start up, shutdown, and malfunction plan that describes, in detail, procedures for operating and maintaining the affected facility during periods of startup shutdown, or malfunction and provide a program of corrective action for malfunctioning process and air pollution control equipment used to comply with this subpart. This plan shall be developed by the owner or operator by the affected facility's compliance date.

( 1) Contents of plan. The startup, shutdown, and malfunction plan shall include the provisions described in paragraphs ( b)( 1)( i) through ( v) of this section.

( i) The plan shall ensure that owners or operators are prepared to correct malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of OWC.

( ii) The plan shall have the effect of reducing the reporting burden associated with periods of startup,

shutdown, and malfunction ( including corrective action taken 230 STAFF DRAFT  09/ 30/ 2005 to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation).

( iii) The plan shall include a provision for ceasing to collect, during a startup, shutdown, or malfunction,

monitoring data that would otherwise be required by the provisions of this subpart in the startup, shutdown, and malfunction plan only if the owner or operator has demonstrated to the Administrator that the monitoring system would be damaged or destroyed if it were not shut down during the startup, shutdown, or malfunction.

( iv) The owner or operator may use the affected facility's standard operating procedures ( SOP) manual, or an Occupational Safety and Health Administration ( OSHA) or other plan such as a startup, shutdown and malfunction plan developed for compliance with another standard, provided the alternative plan meets all the requirements of this subpart and is made available for inspection when requested by the Administrator.

( 2) Changes to plan.

( i) If the startup, shutdown, and malfunction plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction but was not included in the plan at the time the owner or operator 231 STAFF DRAFT  09/ 30/ 2005 developed the plan, the owner or operator shall revise the startup, shutdown, and malfunction plan within 45 days after the event to include detailed procedures for operating and maintaining the facility during similar malfunction events and a program of corrective action for similar malfunctions of process or air pollution control equipment.

( ii) The Administrator may require that an owner or operator of an affected facility make changes to the startup, shutdown, and malfunction plan for that facility.

Reasonable revisions may be required if the Administrator finds that the plan:

( A) Does not address a startup, shutdown, or malfunction event that has occurred;

( B) Fails to provide for the operation of the facility ( including associated air pollution control equipment)

during a startup, shutdown, or malfunction event in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by this subpart; or ( C) Does not provide adequate procedures for correcting malfunctioning process and/ or air pollution control equipment as quickly as practicable.

( 3) Records of startup, shutdown, and malfunction. 232 STAFF DRAFT  09/ 30/ 2005 The owner or operator shall keep the records specified in paragraphs ( b)( 3)( i) through ( iii ) of this section.

( i) Records of the occurrence and duration of each startup, shutdown, or malfunction of operation of process equipment or control devices or recovery devices or continuous monitoring systems used to comply with this subpart during which excess emissions ( as defined in paragraph ( a)( 3) of this section) occur.

( ii) For each startup, shutdown, or malfunction during which excess emissions ( as defined in paragraph ( a)( 3) of this section) occur, records reflecting whether the procedures specified in the startup, shutdown, and malfunction plan were followed, and documentation of actions taken that were not consistent with the plan. For example,

if a startup, shutdown, and malfunction plan includes procedures for routing a control device to a backup control device, records shall be kept of whether the plan was followed. These records may take the form of a " checklist"

or other form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan for the event.

( iii) For continuous monitoring systems used to comply with this subpart, records documenting the completion of 233 STAFF DRAFT  09/ 30/ 2005 calibration checks and maintenance of continuous monitoring systems that are specified in the manufacturer's instructions or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately.

( 4) Reports of startup, shutdown, and malfunction.

For the purposes of this subpart, the startup, shutdown, and malfunction reports shall be submitted on the same schedule as the semiannual reports required under § 60.784( d) of this subpart. These reports shall include the information specified in paragraphs ( b)( 3)( i) and ( ii) of this section and shall contain the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy.

( c) Alternative means of emission limitation. If, in the judgment of the Administrator, an alternative means of emission limitation will achieve a reduction in organic wastewater compound emissions at least equivalent to the reduction in organic wastewater compound achieved under any design, equipment, work practice, or operational standards in this subpart, the Administrator will publish a notice permitting the use of the alternative means for purposes of compliance with that requirement. 234 STAFF DRAFT  09/ 30/ 2005 ( 1) The notice may condition the permission on requirements related to the operation and maintenance of the alternative means.

( 2) Any notice under this paragraph ( c) will be published only after public notice and an opportunity for a hearing.

( 3) Any person seeking permission to use an alternative means of compliance under this paragraph ( c)

shall collect, verify, and submit to the Administrator information showing that the alternative means achieves equivalent emission reductions.

( d) Permits. Each owner or operator of an affected facility subject to this subpart shall obtain a permit as specified in paragraphs( d)( 1) through ( 3) of this section.

( 1) Located at a major source. The owner or operator of an affected source located at a major facility shall obtain a permit under 40 CFR part 70 or 71 from the appropriate permitting authority.

( 2) Located at a non major source and generates no Group 1 wastewater streams, no maintenance wastewater streams, and no aqueous in process streams. The owner or operator of an affected facility, located at a non major source, that does not generate a Group 1 wastewater stream, 235 STAFF DRAFT  09/ 30/ 2005 a maintenance wastewater stream, or a aqueous in process stream is not required to obtain a permit.

( 3) Located at other non major facilities. The owner or operator of an affected facility, located at a non major source, that generates a Group 1 wastewater stream, a maintenance wastewater stream, or an aqueous in process stream shall obtain either: a permit under 40 CFR part 70 or 71 from the appropriate permitting authority; or a State permit that incorporates the applicable requirements of this subpart.

§ 60.788 [ Reserved]

§ 60.789 Relationship to other regulations.

( a) The owner or operator who elects to comply with the provisions of this section shall comply with the Notification of Compliance Status reporting provisions specified in § 60.784( c)( 12) of this subpart.

( b) Relationship to Benzene Waste NESHAP. After the compliance dates specified in § 60.770 of this subpart, the owner or operator of a Group 1 or Group 2 wastewater stream that is also subject to the provisions of 40 CFR part 61,

subpart FF is required to comply with the provisions of both this subpart and 40 CFR part 61, subpart FF. Alternatively,

the owner or operator may elect to comply with the 236 STAFF DRAFT  09/ 30/ 2005 provisions of paragraphs ( b)( 1) and ( 2) of this section,

which shall constitute compliance with the provisions of 40 CFR part 61, subpart FF.

( 1) Comply with the provisions of this subpart; and ( 2) For any Group 2 wastewater stream or organic stream whose benzene emissions are subject to control through the use of one or more treatment processes or waste management units under the provisions of 40 CFR part 61,

subpart FF on or after September 12, 1994, comply with the requirements of this subpart for Group 1 wastewater streams.

( c) Relationship to RCRA. After the compliance dates specified in § 60.770 of this subpart, the owner or operator of any Group 1 or Group 2 wastewater stream that is also subject to provisions in 40 CFR parts 260 and 272 shall comply with the requirements of either paragraph ( c)( 1) or ( 2) of this section.

( 1) For each Group 1 or Group 2 wastewater stream, the owner or operator shall comply with the most stringent control requirements ( e. g., waste management units,

numerical treatment standards, etc.) and the most stringent testing, monitoring, recordkeeping, and reporting requirements that overlap between the provisions of this subpart and the provisions of 40 CFR parts 260 through 272. 237 STAFF DRAFT  09/ 30/ 2005 The owner or operator shall keep a record of the information used to determine which requirements were the most stringent, as specified in § 60.785( c)( 6) of this subpart,

and shall submit this information if requested by the Administrator; or ( 2) The owner or operator shall submit, no later than 2 months after the applicable compliance date specified in § 60.770 of this subpart, a request for a case by case determination of requirements. The request shall include the information specified in paragraphs ( c)( 2)( i) and ( ii)

of this section.

( i) Identification of the wastewater streams that are subject to this subpart and to the provisions in 40 CFR parts 260 through 272, determination of the Group 1/ Group 2 status of those streams using the provisions specified in this subpart, determination of whether or not those streams are listed or exhibit a characteristic as specified in 40 CFR part 261, and determination of whether the waste management unit is subject to permitting under 40 CFR part 270.

( ii) Identification of the specific control requirements ( e. g., waste management units, numerical treatment standards, etc.) and testing, monitoring, 238 STAFF DRAFT  09/ 30/ 2005 recordkeeping, and reporting requirements that overlap between the provisions of this subpart and the provisions of 40 CFR parts 260 through 272.

( d) Overlap with the Vinyl Chloride NESHAP. After the compliance dates specified in § 60.770 of this subpart, the owner or operator of a Group 1 or Group 2 wastewater stream that is also subject to the provisions of 40 CFR part 61,

subpart F shall comply with the provisions of either paragraph ( d)( 1) or ( 2) of this section.

( 1) The owner or operator shall comply with the provisions of both this subpart and 40 CFR part 61, subpart F; or ( 2) The owner or operator shall comply with 40 CFR part 61, subpart F. The owner or operator shall submit, no later than 2 months after the applicable compliance date specified in § 60.770 of this subpart, information demonstrating how compliance with 40 CFR part 61, subpart F will ensure compliance with this subpart. The information shall include a description of the testing, monitoring,

reporting, and recordkeeping that will be performed. The owner or operator shall keep a record of the information used to ensure compliance, as specified in § 60.785( c)( 6) of this subpart. 239 STAFF DRAFT  09/ 30/ 2005 ( e) Overlap with the HON and MON. After the compliance dates specified in § 60.770 of this subpart, the owner or operator of any Group 1 or Group 2 process wastewater stream that is also subject to and controlled according to the provisions in 40 CFR part 63, subparts G or FFFF shall comply with either 40 CFR part 63, subpart G or FFFF, or this subpart.

( f) Overlap with other regulations for monitoring,

recordkeeping, or reporting with respect to combustion devices, recovery devices, or recapture devices. After the compliance dates specified in § 60.770 of this subpart, if any combustion device, recovery device, or recapture device subject to this subpart is also subject to monitoring,

recordkeeping, and reporting requirements in 40 CFR part 264, subpart AA or CC, or is subject to monitoring and recordkeeping requirements in 40 CFR part 265, subpart AA or CC and the owner or operator complies with the periodic reporting requirements under 40 CFR part 264, subpart AA or CC that would apply to the device if the facility had finalpermitted status, the owner or operator may elect to comply with the monitoring, recordkeeping, and reporting requirements of this subpart, or with the monitoring,

recordkeeping, and reporting requirements in 40 CFR parts 240 STAFF DRAFT  09/ 30/ 2005 264 and/ or 265, as described in this paragraph ( f), which shall constitute compliance with the monitoring,

recordkeeping, and reporting requirements of this subpart.

Table 1 to subpart YYY List of SOCMI chemicals Table 2 to subpart YYY Applicability of 40 CFR part 60 general provisions to subpart YYY Table 3a to subpart YYY Reference rules for control of wastewater tanks, surface impoundments, containers,

individual drain systems, and oil water separators Table 3b to subpart YYY   Requirements for complying with the waste management unit provisions in § 60.774 Table 4 to subpart YYY    Control requirements for wastewater tanks requiring controls Table 5a to subpart YYY    Conforming terms for use with § 60.774 Table 5b to subpart YYY    Conforming cross references for use with § 60.774 Table 6 to subpart YYY Control requirements for items of equipment that meet the criteria of § 60.775 Table 7 to subpart YYY Monitoring requirements for treatment processes Table 8 to subpart YYY Monitoring requirements for control devices 241 STAFF DRAFT  09/ 30/ 2005 Table 9 to subpart YYY Information on process wastewater streams to be submitted with Notification of Compliance Status Table 10 to subpart YYY Information for treatment processes to be submitted with Notification of Compliance Status Table 11 to subpart YYY Information for waste management units to be submitted with Notification of Compliance Status Table 12 to subpart YYY Information on residuals to be submitted with Notification of Compliance Status Table 13 to subpart YYY Semiannual reporting requirements for control devices [ see § 60.784( f)]

Table 14 to subpart YYY Compound and default biorates used for compliance demonstrations for enhanced biological treatment processes [ see § 60.783( h)]


[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Rules and Regulations]
[Pages 72527-72529]
[FR Doc No: 2016-25365]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0749]
RIN 1625-AA00

Safety Zone; Pago Pago Harbor, America Samoa

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone during the 2016
Fautasi Ocean Challenge canoe race in Pago Pago Harbor, American Samoa,
on November 11 and 25, 2016. This action is necessary to safeguard the
participants and spectators, including all crews, vessels, and persons
on the water in Pago Pago Harbor during the event. This regulation will
functionally close the port to vessel traffic during the race, but will
not require the evacuation of any vessels from the harbor. Entry into,
transiting, or anchoring in the harbor would be prohibited to all
vessels not registered with the sponsor as participants or not part of
the race patrol, unless specifically authorized by the Captain of the
Port (COTP) Honolulu or a designated representative. Vessels who are
already moored or anchored in the harbor seeking permission to remain
there shall request permission from COTP unless deemed a spectator
vessel that is moored to a waterfront facility within the safety zone.

DATES: This rule is effective from 10:00 a.m. on November 11, 2016 to
4:00 p.m. on November 25, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0749 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Nicolas Jarboe, Waterways Management
Division, U.S. Coast Guard Sector Honolulu; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On June 1, 2016, the Coast Guard received formal notification from
the American Samoa Government that the 2016 Fautasi Ocean Challenge is
scheduled to occur in Pago Pago Harbor on November 11 and 25, 2016.
This annual event has strengthened local tradition for over a century.
The event will consist of a series of races entirely within Pago Pago
Harbor between longboats with paddling crews of 32-48 persons each. It
is anticipated that a large number of spectator pleasure crafts will be
drawn to the event. Spectator vessels and commercial vessel traffic
will pose a significant safety hazard to the longboats, longboat crew
members, and other persons and vessels involved with the event.
    In response, on August 29, 2016, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zone; Pago Pago Harbor,
American Samoa (81FR59163). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended September 28,
2016, we received one comment.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. The Coast Guard did not
receive notification of this event in sufficient time to

conduct a review and publish the final rule 30 days before the event is
scheduled. Thus, delaying the effective date of this rule to wait for
the 30 day post-publication period to run would be impracticable
because it would inhibit the Coast Guard's ability to protect
participants, mariners, and vessels from the hazards associated with
this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Honolulu (COTP) has determined that
potential hazards associated with anticipated large number of spectator
pleasure crafts and commercial traffic on November 11 and 25, 2016 will
pose a significant safety hazard to the longboats, longboat crew
members, and other persons and vessels involved with the event. The
purpose of this rule is to minimize vessel traffic in Pago Pago Harbor
before, during, and after the scheduled event to safeguard persons and
vessels during the longboat races.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published on
August 29, 2016. To address the concern specified during the commenting
period, the U.S. Coast Guard will conduct an outreach to the local
community regarding the temporary safety zone. Additionally, the
maritime community will be notified of the temporary safety zone
through publication of both marine safety information broadcast and
local notice to mariners, and a broadcast notice to mariners via VHF-FM
marine channel 16. Port meetings held by the Harbor Master prior to the
event will inform and educate the maritime community and industry about
the temporary safety zone and any concerns regarding possible affects
to the local economy and travel. No other terminals or locations will
be available within the temporary safety zone during the duration of
the event.
    This rule establishes a safety zone on November 11 and November 25,
2016. The safety zone will close Pago Pago Harbor to all vessels not
authorized by the COTP for entry into, transiting, or anchoring within
the port for the duration of the event. The COTP will authorize
registered participants, support vessels, and enforcement vessels to
enter and remain in the zone. No other vessels will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The harbor will remain closed until the
Coast Guard issues an ``All Clear'' after races conclude and the harbor
is deemed safe for normal operations. This rule will not require any
vessel already moored to evacuate the port, provided that they are
moored in such a way that they do not interfere with the progress of
the event.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    As discussed above, the Coast Guard will conduct an outreach to the
local community regarding the temporary safety zone. The Coast Guard
will issue a Broadcast Notice to Mariners with information pertaining
to the safety zone via VHF-FM marine channel 16. Additionally, the
maritime community will be notified of the temporary safety zone
through publication of a marine safety information broadcast and local
notice to mariners. Port meetings held by the Harbor Master prior to
the event will inform and educate the maritime community and industry
about the temporary safety zone. These measures are being employed to
help the maritime community better plan and prepare for the event.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    Some owners or operators of vessels intending to transit the safety
zone may be small entities and may not be authorized to do so. This
rule would not create significant economic impact on a substantial
number of these entities. Moreover, the rule would allow vessels to
seek permission from the Coast Guard to enter the safety zone. Under
section 213(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121), we want to assist small entities in
understanding this rule. If the rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial

direct effect on one or more Indian tribes, 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. If you believe this rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a temporary and limited safety zone in Pago Pago Harbor.
It is categorically excluded from further review under paragraph 34(g)
of Figure 2-1 of the Commandant Instruction. A preliminary
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T14-0749 to read as follows:

Sec.  165.T14-0749  Safety Zone; Pago Pago Harbor, American Samoa.

    (a) Location. The following area is a safety zone: Breakers Point
(eastern edge of Pago Pago Harbor entrance) thence southeast to
14[deg]18'47'' S, 170[deg]38'54.5'' W thence southwest to
14[deg]19'03'' S, 170[deg]39'14'' W, thence northwest to Tulutulu Point
and then following the coastline encompassing Pago Pago Harbor. This
regulated area extends from the surface of the water to the ocean
floor.
    (b) Enforcement period. This rule will be enforced from 10:00 a.m.
to 4:00 p.m. on November 11, 2016 and from 10:00 a.m. to 4:00 p.m. on
November 25, 2016.
    (c) Regulations. (1) All persons and vessels not registered with
the sponsor as participants or support/enforcement vessels are
considered spectators. The ``support/enforcement vessels'' consist of
any territory, local law enforcement, and sponsor provided vessels
assigned or approved by the Captain of the Port Honolulu to patrol the
safety zone.
    (2) No spectator shall anchor, block, loiter or impede the transit
of participants or support/enforcement vessels in the safety zone
during the enforcement dates and times, unless cleared for entry by or
through a support/enforcement vessel.
    (3) Spectator vessels may be moored to a waterfront facility within
the safety zone in such a way that they shall not interfere with the
progress of the event. Such mooring must be complete at least 30
minutes prior to the establishment of the safety zone and remain moored
through the duration of the event.
    (d) Informational Broadcasts. The safety zones shall be effective
between 10:00 a.m. and 4:00 p.m. (SST) on November 11 and 25, 2016. If
circumstances render enforcement of the safety zone unnecessary for the
entirety of these periods, the Captain of the Port or his designated
representative will inform the public through broadcast notices to
mariners that the safety zone is no longer being enforced. The harbor
will remain closed until the Coast Guard issues an ``All Clear'' for
the harbor after the race has concluded and the harbor is deemed safe
for normal operations.
    (e) Penalties. Vessels or persons violating this rule may be
subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: October 12, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2016-25365 Filed 10-19-16; 8:45 am]
 BILLING CODE 9110-04-P