concentration monitor will be used.
    (iii) The location(s) selected for additional monitoring to
determine the near-field source concentration contribution.
    (iv) The identification of the fenceline monitoring locations
impacted by the near-field source or sources.
    (v) The appropriateness of the planned data reduction and
calculations to determine the near-field source concentration
contribution for each monitoring location.
    (vi) If more frequent monitoring is proposed, the adequacy of the
description of the measurement and recording frequency proposed and the
adequacy of the rationale for using the alternative monitoring
frequency.
    (vii) The appropriateness of the measurement technique selected for
determining the uniform background and near-field source concentration
contributions.
    (j) You must comply with the applicable recordkeeping requirements
in Sec.  63.2390(i) and reporting requirements in Sec.  63.2386(k).
    (k) As outlined in Sec.  63.7(f), you may submit a request for an
alternative test method. At a minimum, the request must follow the
requirements outlined in paragraphs (k)(1) through (7) of this section.
    (1) The alternative method may be used in lieu of all or a partial
number of passive samplers required in Method 325A of appendix A of
this part.
    (2) The alternative method must be validated for each analyte
according to Method 301 in appendix A of this part or contain
performance-based procedures and indicators to ensure self-validation.
    (3) The method detection limit must nominally be no greater than
one fifth of the action level for each analyte. The alternate test
method must describe the procedures used to provide field verification
of the detection limit.
    (4) The spatial coverage must be equal to or better than the
spatial coverage provided in Method 325A of appendix A of this part.
    (i) For path average concentration open-path instruments, the
physical path length of the measurement must be no more than a passive
sample footprint (the spacing that would be provided by the sorbent
traps when following Method 325A). For example, if Method 325A requires
spacing monitors A and B 610 meters (2,000 feet) apart, then the
physical path length limit for the measurement at that portion of the
fenceline must be no more than 610 meters (2,000 feet).
    (ii) For range resolved open-path instrument or approach, the
instrument or approach must be able to resolve an average concentration
over each passive sampler footprint within the path length of the
instrument.
    (iii) The extra samplers required in Sections <IP_ADDRESS> of Method
325A may be omitted when they fall within the path length of an open-
path instrument.
    (5) At a minimum, non-integrating alternative test methods must
provide a minimum of one cycle of operation (sampling, analyzing, and
data recording) for each successive 15-minute period.
    (6) For alternative test methods capable of real time measurements
(less than a 5-minute sampling and analysis cycle), the alternative
test method may allow for elimination of data points corresponding to
outside emission sources for purpose of calculation of the high point
for the two week average. The alternative test method approach must
have wind speed, direction and stability class of the same time
resolution and within the footprint of the instrument.
    (7) For purposes of averaging data points to determine the [Delta]c
for the 14-day average high sample result, all results measured under
the method detection limit must use the method detection limit. For
purposes of averaging data points for the 14-day average low sample
result, all results measured under the method detection limit must use
zero.
0
8. Section 63.2350 is revised to read as follows:

Sec.  63.2350   What are my general requirements for complying with
this subpart?

    (a) You must be in compliance with the emission limitations,
operating limits, and work practice standards in this subpart at all
times when the equipment identified in Sec.  63.2338(b)(1) through (5)
is in OLD operation.
    (b) Except as specified in paragraph (d) of this section, you must
always operate and maintain your affected source, including air
pollution control and monitoring equipment, according to the provisions
in Sec.  63.6(e)(1)(i).
    (c) Except for emission sources not required to be controlled as
specified in Sec.  63.2343, you must develop a written startup,
shutdown, and malfunction (SSM) plan according to the provisions in
Sec.  63.6(e)(3). Beginning no later than [date 3 years after date of
publication of final rule in the Federal Register], this paragraph no
longer applies; however, for historical compliance purposes, a copy of
the plan must be retained and available on-site for five years after
[date 3 years after date of publication of final rule in the Federal
Register].
    (d) Beginning no later than the compliance dates specified in Sec.
63.2342(e), paragraph (b) of this section no longer applies. Instead,
at all times, you must operate and maintain any affected source,
including associated air pollution control equipment and monitoring
equipment, in a manner consistent with safety and good air pollution
control practices for minimizing emissions. The general duty to
minimize emissions does not require you to make any further efforts to
reduce emissions if levels required by the applicable standard have
been achieved. Determination of whether a source is operating in
compliance with operation and maintenance requirements will be based on
information available to the Administrator which may include, but is
not limited to, monitoring results, review of operation and maintenance
procedures, review of operation and maintenance records, and inspection
of the source.
0
9. Section 63.2354 is amended by:
0
a. Revising paragraphs (a)(2), (a)(3), (b)(1), (b)(3)(i), and
(b)(3)(ii);
0
b. Adding paragraph (b)(3)(iii);
0
c. Revising paragraphs (b)(4) and (b)(5);
0
d. Adding paragraph (b)(6);
0
e. Revising paragraph (c); and
0
f. Adding paragraph (d).
    The revisions and additions read as follows:

Sec.  63.2354   What performance tests, design evaluations, and
performance evaluations must I conduct?

    (a) * * *
    (2) For each design evaluation you conduct, you must use the
procedures specified in 40 CFR part 63, subpart SS. You must also
comply with the requirements specified in Sec.  63.2346(m).
    (3) For each performance evaluation of a continuous emission
monitoring system (CEMS) you conduct, you must follow the requirements
in Sec.  63.8(e) and paragraph (d) of this section. For CEMS installed
after the compliance date specified in Sec.  63.2342(e), conduct a
performance evaluation of each CEMS within 180 days of installation of
the monitoring system.
    (b)(1) Except as specified in paragraph (b)(6) of this section, for
nonflare control devices, you must conduct each performance test
according to the requirements in Sec.  63.7(e)(1), and either Sec.
63.988(b), Sec.  63.990(b), or Sec.  63.995(b), using the procedures
specified in Sec.  63.997(e).
* * * * *
    (3)(i) In addition to Method 25 or 25A of 40 CFR part 60, appendix
A-7, to determine compliance with the TOC emission limit, you may use
Method 18 of 40 CFR part 60, appendix A-6 or Method 320 of appendix A
to this part to determine compliance with the total organic HAP
emission limit. You may not use Method 18 or Method 320 of appendix A
to this part if the control device is a combustion device, and you must
not use Method 320 of appendix A to this part if the gas stream
contains entrained water droplets. All compounds quantified by Method
320 of appendix A to this part must be validated according to Section
13.0 of Method 320 of appendix A to this part. As an alternative to
Method 18, for determining compliance with the total organic HAP
emission limit, you may use ASTM D6420-18 (incorporated by reference,
see Sec.  63.14), under the conditions specified in paragraph
(b)(3)(ii) of this section.
    (A) If you use Method 18 of 40 CFR part 60, appendix A-6 or Method
320 of appendix A to this part to measure compliance with the
percentage efficiency limit, you must first determine which organic HAP
are present in the inlet gas stream (i.e., uncontrolled emissions)
using knowledge of the organic liquids or the screening procedure
described in Method 18. In conducting the performance test, you must
analyze samples collected simultaneously at the inlet and outlet of the
control device. Quantify the emissions for the same organic HAP
identified as present in the inlet gas stream for both the inlet and
outlet gas streams of the control device.
    (B) If you use Method 18 of 40 CFR part 60, appendix A-6 or Method
320 of appendix A to this part, to measure compliance with the emission
concentration limit, you must first determine which organic HAP are
present in the inlet gas stream using knowledge of the organic liquids
or the screening procedure described in Method 18. In conducting the
performance test, analyze samples collected as specified in Method 18
at the outlet of the control device. Quantify the control device outlet
emission concentration for the same organic HAP identified as present
in the inlet or uncontrolled gas stream.
    (ii) You may use ASTM D6420-18 (incorporated by reference, see
Sec.  63.14), to determine compliance with the total organic HAP
emission limit if the target concentration for each HAP is between 150
parts per billion by volume and 100 ppmv and either of the conditions
specified in paragraph (b)(2)(ii)(A) or (B) of this section exists. For
target compounds not listed in Section 1.1 of ASTM D6420-18 and not
amenable to detection by mass spectrometry, you may not use ASTM D6420-
18.
    (A) The target compounds are those listed in Section 1.1 of ASTM
D6420-18 (incorporated by reference, see Sec.  63.14); or
    (B) For target compounds not listed in Section 1.1 of ASTM D6420-18
(incorporated by reference, see Sec.  63.14), but potentially detected
by mass spectrometry, you must demonstrate recovery of the compound and
the additional system continuing calibration check after each run, as
detailed in ASTM D6420-18, Section 10.5.3, must be followed, met,
documented, and submitted with the data report, even if there is no
moisture condenser used or the compound is not considered water-
soluble.
    (iii) You may use ASTM D6348-12e1 (incorporated by reference, see
Sec.  63.14) instead of Method 320 of appendix A to this part under the
conditions specified in footnote 4 of table 5 to this subpart.
    (4) If a principal component of the uncontrolled or inlet gas
stream to the control device is formaldehyde, you must use Method 316,
Method 320, or Method 323 of appendix A to this part for measuring the
formaldehyde, except you must not use Method 320 or Method 323 of
appendix A to this part if the gas stream contains entrained water
droplets. If you use Method 320 of appendix A to this part,
formaldehyde must be validated according to Section 13.0 of Method 320
of appendix A to this part. You must

measure formaldehyde either at the inlet and outlet of the control
device to determine control efficiency or at the outlet of a combustion
device for determining compliance with the emission concentration
limit. You may use ASTM D6348-12e1 (incorporated by reference, see
Sec.  63.14) instead of Method 320 of appendix A to this part under the
conditions specified in footnote 4 of table 5 to this subpart.
    (5) Except as specified in paragraph (b)(6) of this section, you
may not conduct performance tests during periods of SSM, as specified
in Sec.  63.7(e)(1).
    (6) Beginning no later than the compliance dates specified in Sec.
63.2342(e), paragraphs (b)(1) and (5) of this section no longer apply.
Instead, you must conduct each performance test according to the
requirements in paragraphs (b)(6)(A) and (B) of this section.
    (A) In lieu of the requirements specified in Sec.  63.7(e)(1), you
must conduct performance tests under such conditions as the
Administrator specifies based on representative performance of the
affected source for the period being tested. Representative conditions
exclude periods of startup and shutdown. You may not conduct
performance tests during periods of malfunction. You must record the
process information that is necessary to document operating conditions
during the test and include in such record an explanation to support
that such conditions represent normal operation. Upon request, you must
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
    (B) Pursuant to paragraph (b)(6)(A) of this section, you must
conduct each performance test according to the requirements in either
Sec.  63.988(b), Sec.  63.990(b), or Sec.  63.995(b), using the
procedures specified in Sec.  63.997(e). You must also comply with the
requirements specified in Sec.  63.2346(m).
    (c) To determine the HAP content of the organic liquid, you may use
Method 311 of appendix A to this part, ASTM D6886-18 (incorporated by
reference, see Sec.  63.14), or other method approved by the
Administrator. If you use ASTM D6886-18 to determine the HAP content,
you must use either Method B or Method B in conjunction with Method C,
as described in section 4.3 of ASTM D6886-18. In addition, you may use
other means, such as voluntary consensus standards, safety data sheets
(SDS), or certified product data sheets, to determine the HAP content
of the organic liquid. If the method you select to determine the HAP
content provides HAP content ranges, you must use the upper end of each
HAP content range in determining the total HAP content of the organic
liquid. The EPA may require you to test the HAP content of an organic
liquid using Method 311 of appendix A to this part or other method
approved by the Administrator. For liquids that contain any amount of
formaldehyde or carbon tetrachloride, you may not use Method 311 of
appendix A to this part. If the results of the Method 311 of appendix A
to this part (or any other approved method) are different from the HAP
content determined by another means, the Method 311 of appendix A to
this part (or approved method) results will govern. For liquids that
contain any amount of formaldehyde or carbon tetrachloride, if the
results of ASTM D6886-18 using method B or C in section 4.3 (or any
other approved method) are different from the HAP content determined by
another means, ASTM D6886-18 using method B or C in section 4 (or
approved method) results will govern.
    (d) Each VOC CEMS must be installed, operated, and maintained
according to the requirements of one of the following performance
specifications located in 40 CFR part 60, appendix B: Performance
Specification 8, Performance Specification 8A, Performance
Specification 9, or Performance Specification 15. You must also comply
with the requirements of procedure 1 of 40 CFR part 60, appendix F, for
CEMS using Performance Specification 8 or 8A.
    (1) For CEMS using Performance Specification 9 or 15, determine the
target analyte(s) for calibration using either process knowledge or the
screening procedures of Method 18 of 40 CFR part 60, appendix A-6.
    (2) For CEMS using Performance Specification 8A, conduct the
relative accuracy test audits required under Procedure 1 of 40 CFR part
60, appendix F in accordance with Performance Specification 8, Sections
8 and 11. The relative accuracy must meet the criteria of Performance
Speciation 8, Section 13.2.
    (3) For CEMS using Performance Specification 8 or 8A, calibrate the
instrument on methane and report the results as carbon (C1). Use Method
25A of 40 CFR part 60, appendix A-7 as the reference method for the
relative accuracy tests.
    (4) If you are required to monitor oxygen in order to conduct
concentration corrections, you must use Performance Specification 3 of
40 CFR part 60, appendix B, to certify your oxygen CEMS, and you must
comply with procedure 1 of 40 CFR part 60, appendix F. Use Method 3A of
40 CFR part 60, appendix A-2, as the reference method when conducting a
relative accuracy test audit.
0
10. Section 63.2358 is amended by adding paragraph (b)(3) to read as
follows:

Sec.  63.2358   By what date must I conduct performance tests and other
initial compliance demonstrations?

* * * * *
    (b) * * *
    (3) For storage tanks and transfer racks at existing affected
sources that commenced construction or reconstruction on or before
October 21, 2019, you must demonstrate initial compliance with the
emission limitations listed in Table 2b to this subpart within 180 days
of either the initial startup or [date 3 years after date of
publication of final rule in the Federal Register], whichever is later,
except as provided in paragraphs (b)(3)(i) and (b)(3)(ii) of this
section.
    (i) For storage tanks with an existing internal or external
floating roof, complying with item 1.a.ii. in Table 2b to this subpart
and item 1.a. in Table 4 to this subpart, you must conduct your initial
compliance demonstration the next time the storage tank is emptied and
degassed, but not later than [date 10 years after date of publication
of final rule in the Federal Register].
    (ii) For storage tanks complying with item 1.a.ii. in Table 2b of
this subpart and item 1.b. or 1.c. in Table 4 of this subpart, you must
comply within 180 days after [date 3 years after date of publication of
final rule in the Federal Register].
* * * * *
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11. Section 63.2362 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  63.2362   When must I conduct subsequent performance tests?

* * * * *
    (b)(1) * * *
    (2) For transport vehicles that you own that do not have vapor
collection equipment, you must maintain current certification in
accordance with the U.S. DOT qualification and maintenance requirements
in 49 CFR part 180, subpart E for cargo tanks and subpart F for tank
cars.
0
12. Section 63.2366 is revised to read as follows:

Sec.  63.2366   What are my monitoring installation, operation, and
maintenance requirements?

    (a) You must install, operate, and maintain a continuous monitoring
system (CMS) on each control device

required in order to comply with this subpart. If you use a continuous
parameter monitoring system (CPMS) (as defined in Sec.  63.981), you
must comply with Sec.  63.2346(m) and the applicable requirements for
CPMS in 40 CFR part 63, subpart SS, for the control device being used.
If you use a CEMS, you must install, operate, and maintain the CEMS
according to the requirements in Sec.  63.8 and paragraph (d) of this
section, except as specified in paragraph (c) of this section.
    (b) For nonflare control devices controlling storage tanks and low
throughput transfer racks, you must submit a monitoring plan according
to the requirements in 40 CFR part 63, subpart SS, for monitoring
plans. You must also comply with the requirements specified in Sec.
63.2346(m).
    (c) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must keep the written procedures required by Sec.
63.8(d)(2) on record for the life of the affected source or until the
affected source is no longer subject to the provisions of this part, to
be made available for inspection, upon request, by the Administrator.
If the performance evaluation plan is revised, you must keep previous
(i.e., superseded) versions of the performance evaluation 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.
The program of corrective action should be included in the plan
required under Sec.  63.8(d)(2). In addition to the information
required in Sec.  63.8(d)(2), your written procedures for CEMS must
include the information in paragraphs (c)(1) through (6) of this
section:
    (1) Description of CEMS installation location.
    (2) Description of the monitoring equipment, including the
manufacturer and model number for all monitoring equipment components
and the span of the analyzer.
    (3) Routine quality control and assurance procedures.
    (4) Conditions that would trigger a CEMS performance evaluation,
which must include, at a minimum, a newly installed CEMS; a process
change that is expected to affect the performance of the CEMS; and the
Administrator's request for a performance evaluation under section 114
of the Clean Air Act.
    (5) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec.  63.8(c)(1), (c)(3), (c)(4)(ii),
(c)(7), and (c)(8);
    (6) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.  63.10(c) and (e)(1).
    (d) For each CEMS, you must locate the sampling probe or other
interface at a measurement location such that you obtain representative
measurements of emissions from the regulated source and comply with the
applicable requirements specified in Sec.  63.2354(d).
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13. Section 63.2370 is amended by revising paragraphs (a) and (c) to
read as follows:

Sec.  63.2370   How do I demonstrate initial compliance with the
emission limitations, operating limits, and work practice standards?

    (a) You must demonstrate initial compliance with each emission
limitation and work practice standard that applies to you as specified
in Tables 6 and 7 to this subpart.
* * * * *
    (c) You must submit the results of the initial compliance
determination in the Notification of Compliance Status according to the
requirements in Sec.  63.2382(d). If the initial compliance
determination includes a performance test and the results are submitted
electronically via the Compliance and Emissions Data Reporting
Interface (CEDRI) in accordance with Sec.  63.2386(g), the unit(s)
tested, the pollutant(s) tested, and the date that such performance
test was conducted may be submitted in the Notification of Compliance
Status in lieu of the performance test results. The performance test
results must be submitted to CEDRI by the date the Notification of
Compliance Status is submitted.
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14. Section 63.2374 is amended by revising paragraph (a) to read as
follows:

Sec.  63.2374   When do I monitor and collect data to demonstrate
continuous compliance and how do I use the collected data?

    (a) You must monitor and collect data according to 40 CFR part 63,
subpart SS, and paragraphs (b) and (c) of this section. You must also
comply with the requirements specified in Sec.  63.2346(m).
* * * * *
0
15. Section 63.2378 is revised to read as follows:

Sec.  63.2378   How do I demonstrate continuous compliance with the
emission limitations, operating limits, and work practice standards?

    (a) You must demonstrate continuous compliance with each emission
limitation, operating limit, and work practice standard in Tables 2
through 4 to this subpart that applies to you according to the methods
specified in 40 CFR part 63, subpart SS, and in Tables 8 through 10 to
this subpart, as applicable. You must also comply with the requirements
specified in Sec.  63.2346(m).
    (b) Except as specified in paragraph (e) of this section, you must
follow the requirements in Sec.  63.6(e)(1) and (3) during periods of
startup, shutdown, malfunction, or nonoperation of the affected source
or any part thereof. In addition, the provisions of paragraphs (b)(1)
through (3) of this section apply.
    (1) The emission limitations in this subpart apply at all times
except during periods of nonoperation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies. The emission limitations of this subpart
apply during periods of SSM, except as provided in paragraphs (b)(2)
and (3) of this section. However, if a SSM, or period of nonoperation
of one portion of the affected source does not affect the ability of a
particular emission source to comply with the emission limitations to
which it is subject, then that emission source is still required to
comply with the applicable emission limitations of this subpart during
the startup, shutdown, malfunction, or period of nonoperation.
    (2) The owner or operator must not shut down control devices or
monitoring systems that are required or utilized for achieving
compliance with this subpart during periods of SSM while emissions 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 (b)(2) does not apply if the item of
equipment is malfunctioning. This paragraph (b)(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 SSM
of the affected source or portion thereof. If the owner or operator has
reason to believe that monitoring equipment would be damaged due to a
contemporaneous SSM of the affected source of portion thereof, the
owner or operator must provide documentation supporting such a claim in
the next Compliance report required in Table 11 to this subpart, item
1. Once approved by the Administrator, the provision for ceasing to
collect, during a SSM, monitoring data that would otherwise be required
by the provisions of this subpart must be incorporated into the SSM
plan.
    (3) During SSM, you must implement, to the extent reasonably
available, measures to prevent or minimize excess emissions. For
purposes of this paragraph (b)(3), the term ``excess

emissions'' means emissions greater than those allowed by the emission
limits that apply during normal operational periods. The measures to be
taken must be identified in the SSM plan, and may include, but are not
limited to, air pollution control technologies, recovery technologies,
work practices, pollution prevention, monitoring, and/or changes in the
manner of operation of the affected source. Back-up control devices are
not required, but may be used if available.
    (c) Except as specified in paragraph (e) of this section, periods
of planned routine maintenance of a control device used to control
storage tanks or transfer racks, during which the control device does
not meet the emission limits in Table 2 to this subpart, must not
exceed 240 hours per year.
    (d) Except as specified in paragraph (e) of this section, if you
elect to route emissions from storage tanks or transfer racks to a fuel
gas system or to a process, as allowed by Sec.  63.982(d), to comply
with the emission limits in Table 2 to this subpart, the total
aggregate amount of time during which the emissions bypass the fuel gas
system or process during the calendar year without being routed to a
control device, for all reasons (except SSM or product changeovers of
flexible operation units and periods when a storage tank has been
emptied and degassed), must not exceed 240 hours.
    (e) Beginning no later than the compliance dates specified in Sec.
63.2342(e), paragraphs (b) through (d) of this section no longer apply.
Instead, you must be in compliance with each emission limitation,
operating limit, and work practice standard specified in paragraph (a)
of this section at all times, except during periods of nonoperation of
the affected source (or specific portion thereof) resulting in
cessation of the emissions to which this subpart applies. The use of a
bypass line at any time on a closed vent system to divert a vent stream
to the atmosphere or to a control device not meeting the requirements
specified in paragraph (a) of this section is an emissions standards
deviation. Equipment subject to the work practice standards for
equipment leak components in Table 4 to this subpart, item 4 are not
subject to this paragraph (e). If you are subject to the bypass
monitoring requirements of Sec.  63.983(a)(3) of subpart SS, then you
must continue to comply with the requirements in Sec.  63.983(a)(3) of
subpart SS and the recordkeeping and reporting requirements in Sec.
63.998(d)(1)(ii) and Sec.  63.999(c)(2) of subpart SS, in addition to
Sec.  63.2346(m), the recordkeeping requirements specified in Sec.
63.2390(g), and the reporting requirements specified in Sec.
63.2386(c)(12).
    (f) The CEMS data must be reduced to daily averages computed using
valid data consistent with the data availability requirements specified
in Sec.  63.999(c)(6)(i)(B) through (D), except monitoring data also
are sufficient to constitute a valid hour of data if measured values
are available for at least two of the 15-minute periods during an hour
when calibration, quality assurance, or maintenance activities are
being performed. In computing daily averages to determine compliance
with this subpart, you must exclude monitoring data recorded during
CEMS breakdowns, out of control periods, repairs, maintenance periods,
calibration checks, or other quality assurance activities.
0
16. Section 63.2380 is added to read as follows:

Sec.  63.2380   What are my requirements for certain flares?

    (a) Beginning no later than the compliance dates specified in Sec.
63.2342(e), if you reduce organic HAP emissions by venting emissions
through a closed vent system to a steam-assisted, air-assisted, or non-
assisted flare to control emissions from a storage tank, low throughput
transfer rack, or high throughput transfer rack, then the flare
requirements specified in Sec.  63.11(b); 40 CFR part 63, subpart SS;
the provisions specified in items 7.a through 7.d of Table 3; Table 8
to this subpart; and the provisions specified in items 1.a.iii and
2.a.iii, and items 7.a through 7.d.2 of Table 9 to this subpart no
longer apply. Instead, you must meet the applicable requirements for
flares as specified in Sec. Sec.  63.670 and 63.671 of subpart CC,
including the provisions in Tables 12 and 13 to subpart CC of this
part, except as specified in paragraphs (b) through (k) of this
section. For purposes of compliance with this paragraph, the following
terms are defined in Sec.  63.641 of subpart CC: Assist air, assist
steam, center steam, combustion zone, combustion zone gas, flare, flare
purge gas, flare supplemental gas, flare sweep gas, flare vent gas,
lower steam, net heating value, perimeter assist air, pilot gas, premix
assist air, total steam, and upper steam.
    (b) The following phrases in Sec.  63.670(c) of subpart CC do not
apply:
    (1) ``[S]pecify the smokeless design capacity of each flare and'';
and
    (2) ``[A]nd the flare vent gas flow rate is less than the smokeless
design capacity of the flare''.
    (c) The phrase ``and the flare vent gas flow rate is less than the
smokeless design capacity of the flare'' in Sec.  63.670(d) of subpart
CC does not apply.
    (d) Sec.  63.670(o) does not apply.
    (e) Substitute ``affected source'' for each occurrence of
``petroleum refinery.''
    (f) Each occurrence of ``refinery'' does not apply.
    (g) You may elect to comply with the alternative means of emissions
limitation requirements specified in Sec.  63.670(r) of subpart CC in
lieu of the requirements in Sec.  63.670(d) through (f) of subpart CC,
as applicable. However, instead of complying with Sec.
63.670(r)(3)(iii) of subpart CC, you must also submit the alternative
means of emissions limitation request to the following address: U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom
(E143-01), Attention: Organic Liquids Distribution Sector Lead, 109
T.W. Alexander Drive, Research Triangle Park, NC 27711. Electronic
copies in lieu of hard copies may also be submitted to<EMAIL_ADDRESS>    (h) If you choose to determine compositional analysis for net
heating value with a continuous process mass spectrometer, then you
must comply with the requirements specified in paragraphs (h)(1)
through (7) of this section.
    (1) You must meet the requirements in Sec.  63.671(e)(2) of subpart
CC. You may augment the minimum list of calibration gas components
found in Sec.  63.671(e)(2) of subpart CC with compounds found during a
pre-survey or known to be in the gas through process knowledge.
    (2) Calibration gas cylinders must be certified to an accuracy of 2
percent and traceable to National Institute of Standards and Technology
(NIST) standards.
    (3) For unknown gas components that have similar analytical mass
fragments to calibration compounds, you may report the unknowns as an
increase in the overlapped calibration gas compound. For unknown
compounds that produce mass fragments that do not overlap calibration
compounds, you may use the response factor for the nearest molecular
weight hydrocarbon in the calibration mix to quantify the unknown
component's NHVvg.
    (4) You may use the response factor for n-pentane to quantify any
unknown components detected with a higher molecular weight than n-
pentane.
    (5) You must perform an initial calibration to identify mass
fragment overlap and response factors for the target compounds.
    (6) You must meet applicable requirements in Performance

Specification 9 of appendix B to 40 CFR part 60 for continuous
monitoring system acceptance including, but not limited to, performing
an initial multi-point calibration check at three concentrations
following the procedure in Section 10.1 and performing the periodic
calibration requirements listed for gas chromatographs in Table 13 of
40 CFR part 63, subpart CC, for the process mass spectrometer. You may
use the alternative sampling line temperature allowed under Net Heating
Value by Gas Chromatograph in Table 13 of 40 CFR part 63, subpart CC.
    (7) The average instrument calibration error (CE) for each
calibration compound at any calibration concentration must not differ
by more than 10 percent from the certified cylinder gas value. The CE
for each component in the calibration blend must be calculated using
the following equation:
[GRAPHIC] [TIFF OMITTED] TP21OC19.001

Where:

Cm = Average instrument response (ppm)
Ca = Certified cylinder gas value (ppm)

    (i) If you use a gas chromatograph or mass spectrometer for
compositional analysis for net heating value, then you may choose to
use the CE of NHV measured versus the cylinder tag value NHV as the
measure of agreement for daily calibration and quarterly audits in lieu
of determining the compound-specific CE. The CE for NHV at any
calibration level must not differ by more than 10 percent from the
certified cylinder gas value. The CE for must be calculated using the
following equation:
[GRAPHIC] [TIFF OMITTED] TP21OC19.002

Where:

NHVmeasured = Average instrument response (Btu/scf)
NHVa = Certified cylinder gas value (Btu/scf)

    (j) Instead of complying with Sec.  63.670(p) of subpart CC, you
must keep the flare monitoring records specified in Sec.  63.2390(h).
    (k) Instead of complying with Sec.  63.670(q) of subpart CC, you
must comply with the reporting requirements specified in Sec.
63.2382(d)(2)(ix) and Sec.  63.2386(d)(5).
0
 17. Section 63.2382 is amended by revising paragraphs (a), (d)(1),
(d)(2) introductory text, (d)(2)(ii), (d)(2)(vi), (d)(2)(vii), and
adding (d)(2)(ix) and (d)(3) to read as follows:

Sec.  63.2382   What notifications must I submit and when and what
information should be submitted?

    (a) You must submit each notification in subpart SS of this part,
Table 12 to this subpart, and paragraphs (b) through (d) of this
section that applies to you. You must submit these notifications
according to the schedule in Table 12 to this subpart and as specified
in paragraphs (b) through (d) of this section. You must also comply
with the requirements specified in Sec.  63.2346(m).
* * * * *
    (d)(1) Notification of Compliance Status. If you are required to
conduct a performance test, design evaluation, or other initial
compliance demonstration as specified in Table 5, 6, or 7 to this
subpart, you must submit a Notification of Compliance Status.
    (2) The Notification of Compliance Status must include the
information required in Sec.  63.999(b) and in paragraphs (d)(2)(i)
through (ix) of this section.
* * * * *
    (ii) The results of emissions profiles, performance tests,
engineering analyses, design evaluations, flare compliance assessments,
inspections and repairs, and calculations used to demonstrate initial
compliance according to Tables 6 and 7 to this subpart. For performance
tests, results must include descriptions of sampling and analysis
procedures and quality assurance procedures. If performance test
results are submitted electronically via CEDRI in accordance with Sec.
63.2386(g), the unit(s) tested, the pollutant(s) tested, and the date
that such performance test was conducted may be submitted in the
Notification of Compliance Status in lieu of the performance test
results. The performance test results must be submitted to CEDRI by the
date the Notification of Compliance Status is submitted.
* * * * *
    (vi) The applicable information specified in Sec.  63.1039(a)(1)
through (3) for all pumps and valves subject to the work practice
standards for equipment leak components in Table 4 to this subpart,
item 4, and all connectors subject to the work practice standards for
equipment leak components in Table 4 to this subpart, item 7.
    (vii) If you are complying with the vapor balancing work practice
standard for transfer racks according to Table 4 to this subpart, item
3.a, include a statement to that effect and a statement that the
pressure vent settings on the affected storage tanks are greater than
or equal to 2.5 psig.
* * * * *
    (ix) For flares subject to the requirements of Sec.  63.2380, you
must also submit the information in this paragraph in a supplement to
the Notification of Compliance Status within 150 days after the first
applicable compliance date for flare monitoring. In lieu of the
information required in Sec.  63.987(b) of subpart SS, the Notification
of Compliance Status must include flare design (e.g., steam-assisted,
air-assisted, or non-assisted); all visible emission readings, heat
content determinations, flow rate measurements, and exit velocity
determinations made during the initial visible emissions demonstration
required by Sec.  63.670(h) of subpart CC, as applicable; and all
periods during the compliance determination when the pilot flame is
absent.
    (3) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must submit all subsequent Notification of Compliance
Status reports to the EPA via CEDRI, which can be accessed through
EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). If you claim
some of the information required to be submitted via CEDRI is
confidential business information (CBI), then submit a complete report,
including information

claimed to be CBI, to the EPA. Submit the file on a compact disc, flash
drive, or other commonly used electronic storage medium and clearly
mark the medium as CBI. Mail the electronic medium to U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom
(C404-02), Attention: Organic Liquids Distribution Sector Lead, 4930
Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must
be submitted to the EPA via EPA's CDX as described earlier in this
paragraph. You may assert a claim of EPA system outage or force majeure
for failure to timely comply with this reporting requirement provided
you meet the requirements outlined in Sec.  63.2386(i) or (j), as
applicable.
0
18. Section 63.2386 is amended by:
0
a. Revising paragraphs (a), paragraph (b) introductory text, paragraph
(c) introductory text, paragraphs (c)(2), (c)(3), (c)(5), paragraph
(c)(8) introductory text and paragraph (c)(9);
0
b. Adding paragraphs (c)(11) and (c)(12);
0
c. Revising paragraph (d) introductory text, paragraph (d)(1)
introductory text, paragraphs (d)(1)(i) through (d)(1)(vii),
(d)(1)(ix), and (d)(1)(x);
0
d. Adding paragraphs (d)(1)(xiii) through (d)(1)(xv);
0
e. Revising paragraphs (d)(2)(i), (d)(2)(iv), (d)(3)(i) and (d)(3)(ii);
0
f. Adding paragraphs (d)(3)(iii) and (d)(5);
0
g. Revising paragraph (e); and
0
h. Adding paragraphs (f) through (k).
    The revisions and additions read as follows:

Sec.  63.2386   What reports must I submit and when and what
information is to be submitted in each?

    (a) You must submit each report in subpart SS of this part, Table
11 to this subpart, Table 12 to this subpart, and in paragraphs (c)
through (k) of this section that applies to you. You must also comply
with the requirements specified in Sec.  63.2346(m).
    (b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.  63.10(a), you must submit each report
according to Table 11 to this subpart and by the dates shown in
paragraphs (b)(1) through (3) of this section, by the dates shown in
subpart SS of this part, and by the dates shown in Table 12 to this
subpart, whichever are applicable.
* * * * *
    (c) First Compliance report. The first Compliance report must
contain the information specified in paragraphs (c)(1) through (12) of
this section, as well as the information specified in paragraph (d) of
this section.
* * * * *
    (2) Statement by a responsible official, including the official's
name, title, and signature, certifying that, based on information and
belief formed after reasonable inquiry, the statements and information
in the report are true, accurate, and complete. If your report is
submitted via CEDRI, the certifier's electronic signature during the
submission process replaces this requirement.
    (3) Date of report and beginning and ending dates of the reporting
period. You are no longer required to provide the date of report when
the report is submitted via CEDRI.
* * * * *
    (5) Except as specified in paragraph (c)(11) of this section, if
you had a SSM during the reporting period and you took actions
consistent with your SSM plan, the Compliance report must include the
information described in Sec.  63.10(d)(5)(i).
* * * * *
    (8) Except as specified in paragraph (c)(12) of this section, for
closed vent systems and control devices used to control emissions, the
information specified in paragraphs (c)(8)(i) and (ii) of this section
for those planned routine maintenance activities that would require the
control device to not meet the applicable emission limit.
* * * * *
    (9) A listing of all transport vehicles into which organic liquids
were loaded at transfer racks that are subject to control based on the
criteria specified in Table 2 to this subpart, items 7 through 10,
during the previous 6 months for which vapor tightness documentation as
required in Sec.  63.2390(c) was not on file at the facility.
* * * * *
    (11) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), paragraph (c)(5) of this section no longer applies.
    (12) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), paragraph (c)(8) of this section no longer applies.
Instead, for bypass lines subject to the requirements Sec.  63.2378(e),
the compliance report must include the start date, start time, duration
in hours, estimate of the volume of gas in standard cubic feet (scf),
the concentration of organic HAP in the gas in ppmv and the resulting
mass emissions of organic HAP in pounds that bypass a control device.
For periods when the flow indicator is not operating, report the start
date, start time, and duration in hours.
    (d) Subsequent Compliance reports. Subsequent Compliance reports
must contain the information in paragraphs (c)(1) through (9) and
paragraph (c)(12) of this section and, where applicable, the
information in paragraphs (d)(1) through (5) of this section.
    (1) For each deviation from an emission limitation occurring at an
affected source where you are using a CMS to comply with an emission
limitation in this subpart, or for each CMS that was inoperative or out
of control during the reporting period, you must include in the
Compliance report the applicable information in paragraphs (d)(1)(i)
through (xv) of this section. This includes periods of SSM.
    (i) The date and time that each malfunction started and stopped,
and the nature and cause of the malfunction (if known).
    (ii) The start date, start time, and duration in hours for each
period that each CMS was inoperative, except for zero (low-level) and
high-level checks.
    (iii) The start date, start time, and duration in hours for each
period that the CMS that was out of control.
    (iv) Except as specified in paragraph (d)(1)(xiii) of this section,
the date and time that each deviation started and stopped, and whether
each deviation occurred during a period of SSM, or during another
period.
    (v) The total duration in hours of all deviations for each CMS
during the reporting period, and the total duration as a percentage of
the total emission source operating time during that reporting period.
    (vi) Except as specified in paragraph (d)(1)(xiii) of this section,
a breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.
    (vii) The total duration in hours of CMS downtime for each CMS
during the reporting period, and the total duration of CMS downtime as
a percentage of the total emission source operating time during that
reporting period.
* * * * *
    (ix) A brief description of the emission source(s) at which the CMS
deviation(s) occurred or at which the CMS was inoperative or out of
control.
    (x) The equipment manufacturer(s) and model number(s) of the CMS
and the pollutant or parameter monitored.
* * * * *
    (xiii) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), paragraphs (d)(1)(iv) and (vi) of this section no
longer apply. For

each instance, report the start date, start time, and duration in hours
of each failure. For each failure, the report must include a list of
the affected sources or equipment, an estimate of the quantity in
pounds of each regulated pollutant emitted over any emission limit, a
description of the method used to estimate the emissions, and the cause
of the deviation (including unknown cause, if applicable), as
applicable, and the corrective action taken.
    (xiv) Corrective actions taken for a CMS that was inoperative or
out of control.
    (xv) Total process operating time during the reporting period.
    (2) * * *
    (i) Except as specified in paragraph (d)(2)(iv) of this section,
for each storage tank and transfer rack subject to control
requirements, include periods of planned routine maintenance during
which the control device did not comply with the applicable emission
limits in Table 2 to this subpart.
* * * * *
    (iv) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), paragraph (d)(2)(i) of this section no longer
applies.
    (3) (i) Except as specified in paragraph (d)(3)(iii) of this
section, a listing of any storage tank that became subject to controls
based on the criteria for control specified in Table 2 to this subpart,
items 1 through 6, since the filing of the last Compliance report.
    (ii) A listing of any transfer rack that became subject to controls
based on the criteria for control specified in Table 2 to this subpart,
items 7 through 10, since the filing of the last Compliance report.
    (iii) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), the emission limits specified in Table 2 to this
subpart for storage tanks at an existing affected source no longer
apply as specified in Sec.  63.2346(a)(5). Instead, beginning no later
than the compliance dates specified in Sec.  63.2342(e), you must
include a listing of any storage tanks at an existing affected source
that became subject to controls based on the criteria for control
specified in Table 2b to this subpart, items 1 through 3, since the
filing of the last Compliance report. If you choose to meet the
fenceline monitoring requirements specified in Sec.  63.2348, then you
are not required to comply with this paragraph.
* * * * *
    (5) Beginning no later than the compliance dates specified in
63.2342(e), for each flare subject to the requirements in Sec.
63.2380, the compliance report must include the items specified in
paragraphs (d)(5)(i) through (iii) of this section in lieu of the
information required in Sec.  63.999(c)(3) of subpart SS.
    (i) Records as specified in Sec.  63.2390(h)(1) for each 15-minute
block during which there was at least one minute when regulated
material is routed to a flare and no pilot flame is present. Include
the start and stop time and date of each 15-minute block.
    (ii) Visible emission records as specified in Sec.
63.2390(h)(2)(iv) for each period of 2 consecutive hours during which
visible emissions exceeded a total of 5 minutes.
    (iii) The periods specified in Sec.  63.2390(h)(6). Indicate the
date and start and end time for the period, and the net heating value
operating parameter(s) determined following the methods in Sec.
63.670(k) through (n) of subpart CC as applicable.
    (e) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all
deviations as defined in this subpart in the semiannual monitoring
report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If
an affected source submits a Compliance report pursuant to Table 11 to
this subpart along with, or as part of, the semiannual monitoring
report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and
the Compliance report includes all required information concerning
deviations from any emission limitation in this subpart, we will
consider submission of the Compliance report as satisfying any
obligation to report the same deviations in the semiannual monitoring
report. However, submission of a Compliance report will not otherwise
affect any obligation the affected source may have to report deviations
from permit requirements to the applicable title V permitting
authority.
    (f) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must submit all Compliance reports to the EPA via
CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/).
You must use the appropriate electronic report template on the CEDRI
website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this
subpart. The date report templates become available will be listed on
the CEDRI website. The report must be submitted by the deadline
specified in this subpart, regardless of the method in which the report
is submitted. If you claim some of the information required to be
submitted via CEDRI is CBI, submit a complete report, including
information claimed to be CBI, to the EPA. The report must be generated
using the appropriate form on the CEDRI website or an alternate
electronic file consistent with the extensible markup language (XML)
schema listed on the CEDRI website. Submit the file on a compact disc,
flash drive, or other commonly used electronic storage medium and
clearly mark the medium as CBI. Mail the electronic medium to U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom
(C404-02), Attention: Organic Liquids Distribution Sector Lead, 4930
Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must
be submitted to the EPA via EPA's CDX as described earlier in this
paragraph. You may assert a claim of EPA system outage or force majeure
for failure to timely comply with this reporting requirement provided
you meet the requirements outlined in paragraph (i) or (j) of this
section, as applicable.
    (g) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must start submitting performance test reports in
accordance with this paragraph. Within 60 days after the date of
completing each performance test required by this subpart, you must
submit the results of the performance test following the procedures
specified in paragraphs (g)(1) through (3) of this section.
    (1) Data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to the EPA via CEDRI, which can be accessed through
the EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a
file format generated through the use of the EPA's ERT. Alternatively,
you may submit an electronic file consistent with the XML schema listed
on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the
EPA's ERT as listed on the EPA's ERT website at the time of the test.
The results of the performance test must be included as an attachment
in the ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT website. Submit the ERT generated
package or alternative file to the EPA via CEDRI.

    (3) CBI. If you claim some of the information submitted under
paragraph (g)(1) or (2) of this section is CBI, then you must submit a
complete file, including information claimed to be CBI, to the EPA. The
file must be generated through the use of the EPA's ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
website. Submit the file on a compact disc, flash drive, or other
commonly used electronic storage medium and clearly mark the medium as
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office,
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be
submitted to the EPA via EPA's CDX as described in paragraphs (g)(1)
and (2) of this section.
    (h) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must start submitting performance evaluation reports in
accordance with this paragraph. Within 60 days after the date of
completing each CMS performance evaluation (as defined in Sec.  63.2),
you must submit the results of the performance evaluation following the
procedures specified in paragraphs (h)(1) through (3) of this section.
    (1) Performance evaluations of CMS measuring relative accuracy test
audit (RATA) pollutants that are supported by the EPA's ERT as listed
on the EPA's ERT website at the time of the evaluation. Submit the
results of the performance evaluation to the EPA via CEDRI, which can
be accessed through the EPA's CDX. The data must be submitted in a file
format generated through the use of the EPA's ERT. Alternatively, you
may submit an electronic file consistent with the XML schema listed on
the EPA's ERT website.
    (2) Performance evaluations of CMS measuring RATA pollutants that
are not supported by the EPA's ERT as listed on the EPA's ERT website
at the time of the evaluation. The results of the performance
evaluation must be included as an attachment in the ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
website. Submit the ERT generated package or alternative file to the
EPA via CEDRI.
    (3) CBI. If you claim some of the information submitted under
paragraph (h)(1) or (2) of this section is CBI, then you must submit a
complete file, including information claimed to be CBI, to the EPA. The
file must be generated through the use of the EPA's ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
website. Submit the file on a compact disc, flash drive, or other
commonly used electronic storage medium and clearly mark the medium as
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office,
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be
submitted to the EPA via the EPA's CDX as described in paragraphs
(h)(1) and (2) of this section.
    (i) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with the reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (i)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (5) You must provide to the Administrator a written description
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
    (7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (j) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with the reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (j)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this paragraph,
a force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
    (k) For each OLD operation complying with the requirements in Sec.
63.2348, you must submit the following information:
    (1) A notification to the Administrator that you are exercising the
option to implement fenceline monitoring according to the requirements
in Sec.  63.2348.
    (2) A report to the Administrator containing the information
required at Sec.  63.2348(b), including the model input file, the model
results, the selected analytes, and the action level for each analyte.
The report must be submitted no later than the date specified in Sec.
63.2342(f)(1).

    (3) Monitoring data must be submitted quarterly to EPA's CEDRI
(CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov/).)
using the appropriate electronic report template on the CEDRI website
(https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart according to
paragraphs (k)(3)(i) and (ii) of this section:
    (i) The first quarterly report must be submitted once you have
obtained 12 months of data. The first quarterly report must cover the
period beginning on the compliance date that is specified in Sec.
63.2342(f)(2) and ending on March 31, June 30, September 30 or December
31, whichever date is the first date that occurs after you have
obtained 12 months of data (i.e., the first quarterly report will
contain between 12 and 15 months of data). Each subsequent quarterly
report must cover one of the following reporting periods: Quarter 1
from January 1 through March 31; Quarter 2 from April 1 through June
30; Quarter 3 from July 1 through September 30; and Quarter 4 from
October 1 through December 31. Each quarterly report must be
electronically submitted no later than 45 calendar days following the
end of the reporting period.
    (ii) Report contents. Each report must contain the following
information:
    (A) Facility name and address.
    (B) Year and reporting quarter (i.e., Quarter 1, Quarter 2, Quarter
3, or Quarter 4).
    (C) For the first reporting period and for any reporting period in
which a passive monitor is added or moved, for each passive monitor:
The latitude and longitude location coordinates; the sampler name; and
identification of the type of sampler (i.e., regular monitor, extra
monitor, duplicate, field blank, inactive). You must determine the
coordinates using an instrument with an accuracy of at least 3 meters.
Coordinates must be in decimal degrees with at least five decimal
places.
    (D) The beginning and ending dates for each sampling period.
    (E) Individual sample results for each analyte reported in units of
[micro]g/m\3\ for each monitor for each sampling period that ends
during the reporting period. Results must be reported with at least two
significant figures. Results below the method detection limit must be
flagged as below the detection limit and reported at the method
detection limit.
    (F) Data flags that indicate each monitor that was skipped for the
sampling period, if you use an alternative sampling frequency under
Sec.  63.2348(e)(3).
    (G) Data flags for each outlier determined in accordance with
Section 9.2 of Method 325A of appendix A of this part. For each
outlier, you must submit the individual sample result of the outlier,
as well as the evidence used to conclude that the result is an outlier.
    (H) The biweekly concentration difference ([Delta]c) for each
analyte for each sampling period and the annual average [Delta]c for
each analyte for each sampling period.
0
19. Section 63.2390 is amended by:
0
a. Revising paragraphs (b)(1) and (b)(2);
0
b. Adding paragraph (b)(3);
0
c. Revising paragraphs (c) introductory text, (c)(2), (c)(3) and (d);
and
0
d. Adding paragraphs (f) through (i).
    The revisions and additions read as follows:

Sec.  63.2390   What records must I keep?

* * * * *
    (b) * * *
    (1) Except as specified in paragraph (h) of this section for
flares, you must keep all records identified in subpart SS of this part
and in Table 12 to this subpart that are applicable, including records
related to notifications and reports, SSM, performance tests, CMS, and
performance evaluation plans. You must also comply with the
requirements specified in Sec.  63.2346(m).
    (2) Except as specified in paragraph (h) of this section for
flares, you must keep the records required to show continuous
compliance, as required in subpart SS of this part and in Tables 8
through 10 to this subpart, with each emission limitation, operating
limit, and work practice standard that applies to you. You must also
comply with the requirements specified in Sec.  63.2346(m).
    (3) In addition to the information required in Sec.  63.998(c), the
manufacturer's specifications or your written procedures must include a
schedule for calibrations, preventative maintenance procedures, a
schedule for preventative maintenance, and corrective actions to be
taken if a calibration fails.
    (c) For each transport vehicle into which organic liquids are
loaded at a transfer rack that is subject to control based on the
criteria specified in Table 2 to this subpart, items 7 through 10, you
must keep the applicable records in paragraphs (c)(1) and (2) of this
section or alternatively the verification records in paragraph (c)(3)
of this section.
* * * * *
    (2) For transport vehicles without vapor collection equipment,
current certification in accordance with the U.S. DOT qualification and
maintenance requirements in 49 CFR part 180, subpart E for cargo tanks
and subpart F for tank cars.
    (3) In lieu of keeping the records specified in paragraph (c)(1) or
(2) of this section, as applicable, the owner or operator shall record
that the verification of U.S. DOT tank certification or Method 27 of
appendix A to 40 CFR part 60 testing, required in Table 5 to this
subpart, item 2, has been performed. Various methods for the record of
verification can be used, such as: A check-off on a log sheet, a list
of U.S. DOT serial numbers or Method 27 data, or a position description
for gate security showing that the security guard will not allow any
trucks on site that do not have the appropriate documentation.
    (d) You must keep records of the total actual annual facility-level
organic liquid loading volume as defined in Sec.  63.2406 through
transfer racks to document the applicability, or lack thereof, of the
emission limitations in Table 2 to this subpart, items 7 through 10.
* * * * *
    (f) Beginning no later than the compliance dates specified in Sec.
63.2342(e), for each deviation from an emission limitation, operating
limit, and work practice standard specified in paragraph (a) of this
section, you must keep a record of the information specified in
paragraph (f)(1) through (3) of this section.
    (1) In the event that an affected unit fails to meet an applicable
standard, record the number of failures. For each failure record the
date, time and duration of each failure.
    (2) For each failure to meet an applicable standard, record and
retain a list of the affected sources or equipment, an estimate of the
quantity of each regulated pollutant emitted over any emission limit
and a description of the method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with
Sec.  63.2350(d) and any corrective actions taken to return the
affected unit to its normal or usual manner of operation.
    (g) Beginning no later than the compliance dates specified in Sec.
63.2342(e), for each flow event from a bypass line subject to the
requirements in Sec.  63.2378(e), you must maintain records sufficient
to determine whether or not the detected flow included flow requiring
control. For each flow event from a bypass line requiring control that
is released either directly to the atmosphere or to a control device
not meeting the requirements specified in Sec.  63.2378(a), you must
include an

estimate of the volume of gas, the concentration of organic HAP in the
gas and the resulting emissions of organic HAP that bypassed the
control device using process knowledge and engineering estimates.
    (h) Beginning no later than the compliance dates specified in Sec.
63.2342(e), for each flare subject to the requirements in Sec.
63.2380, you must keep records specified in paragraphs (h)(1) through
(10) of this section in lieu of the information required in Sec.
63.998(a)(1) of subpart SS.
    (1) Retain records of the output of the monitoring device used to
detect the presence of a pilot flame as required in Sec.  63.670(b) of
subpart CC for a minimum of 2 years. Retain records of each 15-minute
block during which there was at least one minute that no pilot flame is
present when regulated material is routed to a flare for a minimum of 5
years.
    (2) Retain records of daily visible emissions observations or video
surveillance images required in Sec.  63.670(h) of subpart CC as
specified in paragraphs (h)(2)(i) through (iv) of this section, as
applicable, for a minimum of 3 years.
    (i) To determine when visible emissions observations are required,
the record must identify all periods when regulated material is vented
to the flare.
    (ii) If visible emissions observations are performed using Method
22 at 40 CFR part 60, appendix A-7, then the record must identify
whether the visible emissions observation was performed, the results of
each observation, total duration of observed visible emissions, and
whether it was a 5-minute or 2-hour observation. Record the date and
start and end time of each visible emissions observation.
    (iii) If a video surveillance camera is used, then the record must
include all video surveillance images recorded, with time and date
stamps.
    (iv) For each 2-hour period for which visible emissions are
observed for more than 5 minutes in 2 consecutive hours, then the
record must include the date and start and end time of the 2-hour
period and an estimate of the cumulative number of minutes in the 2-
hour period for which emissions were visible.
    (3) The 15-minute block average cumulative flows for flare vent gas
and, if applicable, total steam, perimeter assist air, and premix
assist air specified to be monitored under Sec.  63.670(i) of subpart
CC, along with the date and time interval for the 15-minute block. If
multiple monitoring locations are used to determine cumulative vent gas
flow, total steam, perimeter assist air, and premix assist air, then
retain records of the 15-minute block average flows for each monitoring
location for a minimum of 2 years, and retain the 15-minute block
average cumulative flows that are used in subsequent calculations for a
minimum of 5 years. If pressure and temperature monitoring is used,
then retain records of the 15-minute block average temperature,
pressure, and molecular weight of the flare vent gas or assist gas
stream for each measurement location used to determine the 15-minute
block average cumulative flows for a minimum of 2 years, and retain the
15-minute block average cumulative flows that are used in subsequent
calculations for a minimum of 5 years.
    (4) The flare vent gas compositions specified to be monitored under
Sec.  63.670(j) of subpart CC. Retain records of individual component
concentrations from each compositional analysis for a minimum of 2
years. If an NHVvg analyzer is used, retain records of the 15-minute
block average values for a minimum of 5 years.
    (5) Each 15-minute block average operating parameter calculated
following the methods specified in Sec.  63.670(k) through (n) of
subpart CC, as applicable.
    (6) All periods during which operating values are outside of the
applicable operating limits specified in Sec.  63.670(d) through (f) of
subpart CC when regulated material is being routed to the flare.
    (7) All periods during which you do not perform flare monitoring
according to the procedures in Sec.  63.670(g) through (j) of subpart
CC.
    (8) Records of periods when there is flow of vent gas to the flare,
but when there is no flow of regulated material to the flare, including
the start and stop time and dates of periods of no regulated material
flow.
    (9) The monitoring plan required in Sec.  63.2366(c).
    (10) Records described in Sec.  63.10(b)(2)(vi) and (xi).
    (i) Beginning no later than the compliance dates specified in
63.2342(f), for each OLD operation complying with the requirements in
Sec.  63.2348, you must keep the records specified in paragraphs (i)(1)
through (10) of this section on an ongoing basis.
    (1) Coordinates of all passive monitors, including replicate
samplers and field blanks, and if applicable, the meteorological
station. You must determine the coordinates using an instrument with an
accuracy of at least 3 meters. The coordinates must be in decimal
degrees with at least five decimal places.
    (2) The start and stop times and dates for each sample, as well as
the tube identifying information.
    (3) Sampling period average temperature and barometric pressure
measurements.
    (4) For each outlier determined in accordance with Section 9.2 of
Method 325A of appendix A of this part, the sampler location of and the
concentration of the outlier and the evidence used to conclude that the
result is an outlier.
    (5) For samples that will be adjusted for a background, the
location of and the concentration measured simultaneously by the
background sampler, and the perimeter samplers to which it applies.
    (6) Individual sample results, the calculated [Delta]c for each
analyte for each sampling period and the two samples used to determine
it, whether background correction was used, and the annual average
[Delta]c calculated after each sampling period.
    (7) Method detection limit for each sample, including co-located
samples and blanks.
    (8) Documentation of corrective action taken each time the action
level was exceeded.
    (9) Other records as required by Methods 325A and 325B of appendix
A of this part.
    (10) If a near-field source correction is used as provided in Sec.
63.2348(i), records of hourly meteorological data, including
temperature, barometric pressure, wind speed and wind direction,
calculated daily unit vector wind direction and daily sigma theta, and
other records specified in the site-specific monitoring plan.
0
20. Section 63.2396 is amended by:
0
a. Revising paragraph (a)(3);
0
b. Adding paragraph (a)(4); and
0
c. Revising paragraphs (c)(1), (c)(2), and (e)(2).
    The revisions and addition read as follows:

Sec.  63.2396  What compliance options do I have if part of my plant is
subject to both this subpart and another subpart?

    (a) * * *
    (3) Except as specified in paragraph (a)(4) of this section, as an
alternative to paragraphs (a)(1) and (2) of this section, if a storage
tank assigned to the OLD affected source is subject to control under 40
CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may elect to
comply only with the requirements of this subpart for storage tanks
meeting the applicability criteria for control in Table 2 to this
subpart.
    (4) Beginning no later than the compliance dates specified in Sec.
63.2342(e), the applicability criteria

for control specified in Table 2 to this subpart for storage tanks at
an existing affected source no longer apply as specified in Sec.
63.2346(a)(5). Instead, beginning no later than the compliance dates
specified in Sec.  63.2342(e), as an alternative to paragraphs (a)(1)
and (2) of this section, if a storage tank assigned to an existing OLD
affected source is subject to control under 40 CFR part 60, subpart Kb,
or 40 CFR part 61, subpart Y, you may elect to comply only with the
requirements of this subpart for storage tanks at an existing affected
source meeting the applicability criteria for control in Table 2b to
this subpart. If you choose to meet the fenceline monitoring
requirements specified in Sec.  63.2348, then you are not required to
comply with this paragraph.
* * * * *
    (c) * * *
    (1) After the compliance dates specified in Sec.  63.2342, if you
have connectors, pumps, valves, or sampling connections that are
subject to a 40 CFR part 60 subpart, and those connectors, pumps,
valves, and sampling connections are in OLD operation and in organic
liquids service, as defined in this subpart, you must comply with the
provisions of each subpart for those equipment leak components.
    (2) After the compliance dates specified in Sec.  63.2342, if you
have connectors, pumps, valves, or sampling connections subject to 40
CFR part 63, subpart GGG, and those connectors, pumps, valves, and
sampling connections are in OLD operation and in organic liquids
service, as defined in this subpart, you may elect to comply with the
provisions of this subpart for all such equipment leak components. You
must identify in the Notification of Compliance Status required by
Sec.  63.2382(b) the provisions with which you will comply.
* * * * *
    (e) * * *
    (2) Equipment leak components. After the compliance dates specified
in Sec.  63.2342, if you are applying the applicable recordkeeping and
reporting requirements of another 40 CFR part 63 subpart to the
connectors, valves, pumps, and sampling connection systems associated
with a transfer rack subject to this subpart that only unloads organic
liquids directly to or via pipeline to a non-tank process unit
component or to a storage tank subject to the other 40 CFR part 63
subpart, the owner or operator must be in compliance with the
recordkeeping and reporting requirements of this subpart EEEE. If
complying with the recordkeeping and reporting requirements of the
other subpart satisfies the recordkeeping and reporting requirements of
this subpart, the owner or operator may elect to continue to comply
with the recordkeeping and reporting requirements of the other subpart.
In such instances, the owner or operator will be deemed to be in
compliance with the recordkeeping and reporting requirements of this
subpart. The owner or operator must identify the other subpart being
complied with in the Notification of Compliance Status required by
Sec.  63.2382(b).
0
21. Section 63.2402 is amended by revising paragraph (b) introductory
text and adding paragraphs (b)(5) and (b)(6) to read as follows:

Sec.  63.2402  Who implements and enforces this subpart?

* * * * *
    (b) In delegating implementation and enforcement authority for this
subpart to a State, local, or eligible tribal agency under 40 CFR part
63, subpart E, the authorities contained in paragraphs (b)(1) through
(6) of this section are retained by the EPA Administrator and are not
delegated to the State, local, or eligible tribal agency.
* * * * *
    (5) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.
    (6) Approval of a site-specific monitoring plan for fenceline
monitoring at Sec.  63.2348(i).
0
22. Section 63.2406 is amended, in alphabetical order, by:
0
a. Revising the definition of ``Annual average true vapor pressure'';
0
b. Adding the definition of ``Condensate'';
0
c. Revising the definitions of ``Deviation'' and ``Equipment Leak
component'';
0
d. Adding the definition of ``Force majeure event'';
0
e. Revising the definition of ``Organic liquid'';
0
f. Adding the definitions of ``Pressure relief device'' and ``Relief
valve''; and
0
g. Revising the definition of ``Vapor-tight transport vehicle''.
    The revisions and additions read as follows:

Sec.  63.2406  What definitions apply to this subpart?

* * * * *
    Annual average true vapor pressure means the equilibrium partial
pressure exerted by the total Table 1 organic HAP in the stored or
transferred organic liquid. For the purpose of determining if a liquid
meets the definition of an organic liquid, the vapor pressure is
determined using conditions of 77 degrees Fahrenheit and 29.92 inches
of mercury. For the purpose of determining whether an organic liquid
meets the applicability criteria in Table 2, items 1 through 6, to this
subpart or Table 2b, items 1 through 3, use the actual annual average
temperature as defined in this subpart. The vapor pressure value in
either of these cases is determined:
    (1) Using standard reference texts;
    (2) By ASTM D6378-18a (incorporated by reference, see Sec.  63.14)
using a vapor to liquid ratio of 4:1; or
    (3) Using any other method that the EPA approves.
* * * * *
    Condensate means hydrocarbon liquid separated from natural gas that
condenses due to changes in the temperature or pressure, or both, and
remains liquid at standard conditions as specified in Sec.  63.2. Only
those condensates downstream of the first point of custody transfer
after the production field are considered condensates in this subpart.
* * * * *
    Deviation means any instance in which an affected source subject to
this subpart, or portion thereof, or an owner or operator of such a
source:
    (1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(including any operating limit) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart, and that is
included in the operating permit for any affected source required to
obtain such a permit; or
    (3) Before [date 180 days after date of publication of final rule
in the Federal Register], fails to meet any emission limitation
(including any operating limit) or work practice standard in this
subpart during SSM. On and after [date 180 days after date of
publication of final rule in the Federal Register], this paragraph no
longer applies.
* * * * *
    Equipment leak component means each pump, valve, and sampling
connection system used in organic liquids service at an OLD operation.
Beginning no later than the compliance dates specified in Sec.
63.2342(e), connectors are also considered an equipment leak component.
Valve types include control, globe, gate, plug, and ball. Relief and
check valves are excluded.
    Force majeure event means a release of HAP, either directly to the

atmosphere from a safety device or discharged via a flare, that is
demonstrated to the satisfaction of the Administrator to result from an
event beyond the owner or operator's control, such as natural
disasters; acts of war or terrorism; loss of a utility external to the
OLD operation (e.g., external power curtailment), excluding power
curtailment due to an interruptible service agreement; and fire or
explosion originating at a near or adjoining facility outside of the
OLD operation that impacts the OLD operation's ability to operate.
* * * * *
    Organic liquid means:
    (1) Any non-crude oil liquid, non-condensate liquid, or liquid
mixture that contains 5 percent by weight or greater of the organic HAP
listed in Table 1 to this subpart, as determined using the procedures
specified in Sec.  63.2354(c).
    (2) Any crude oils or condensates downstream of the first point of
custody transfer.
    (3) Organic liquids for purposes of this subpart do not include the
following liquids:
    (i) Gasoline (including aviation gasoline), kerosene (No. 1
distillate oil), diesel (No. 2 distillate oil), asphalt, and heavier
distillate oils and fuel oils;
    (ii) Any fuel consumed or dispensed on the plant site directly to
users (such as fuels for fleet refueling or for refueling marine
vessels that support the operation of the plant);
    (iii) Hazardous waste;
    (iv) Wastewater;
    (v) Ballast water; or
    (vi) Any non-crude oil or non-condensate liquid with an annual
average true vapor pressure less than 0.7 kilopascals (0.1 psia).
* * * * *
    Pressure relief device means a valve, rupture disk, or similar
device used only to release an unplanned, nonroutine discharge of gas
from process equipment in order to avoid safety hazards or equipment
damage. A pressure relief device discharge can result from an operator
error, a malfunction such as a power failure or equipment failure, or
other unexpected cause. Such devices include conventional, spring-
actuated relief valves, balanced bellows relief valves, pilot-operated
relief valves, rupture disks, and breaking, buckling, or shearing pin
devices.
* * * * *
    Relief valve means a type of pressure relief device that is
designed to re-close after the pressure relief.
* * * * *
    Vapor-tight transport vehicle means a transport vehicle that has
been demonstrated to be vapor-tight. To be considered vapor-tight, a
transport vehicle equipped with vapor collection equipment must undergo
a pressure change of no more than 250 pascals (1 inch of water) within
5 minutes after it is pressurized to 4,500 pascals (18 inches of
water). This capability must be demonstrated annually using the
procedures specified in Method 27 of 40 CFR part 60, appendix A. For
all other transport vehicles, vapor tightness is demonstrated by
performing the U.S. DOT pressure test procedures for tank cars and
cargo tanks.
* * * * *
0
23. Table 2 to subpart EEEE of Part 63 is revised to read as follows:

           Table 2 to Subpart EEEE of Part 63--Emission Limits
------------------------------------------------------------------------
                                                     Then you must . . .
 If you own or operate . . .      And if . . .               \1\
------------------------------------------------------------------------
1. A storage tank at an       a. The stored         i. Reduce emissions
 existing affected source      organic liquid is     of total organic
 with a capacity >=18.9        not crude oil or      HAP (or, upon
 cubic meters (5,000           condensate and if     approval, TOC) by
 gallons) and <189.3 cubic     the annual average    at least 95 weight-
 meters (50,000 gallons) \2\.  true vapor pressure   percent or, as an
                               of the total Table    option, to an
                               1 organic HAP in      exhaust
                               the stored organic    concentration less
                               liquid is >=27.6      than or equal to 20
                               kilopascals (4.0      ppmv, on a dry
                               psia) and <76.6       basis corrected to
                               kilopascals (11.1     3 percent oxygen
                               psia).                for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS and Sec.
                                                       63.2346(m); OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, items 1.a,
                                                     1.b, or 1.c for
                                                     tanks storing
                                                     liquids described
                                                     in that table.
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
2. A storage tank at an       a. The stored         i. See the
 existing affected source      organic liquid is     requirement in item
 with a capacity >=189.3       not crude oil or      1.a.i or 1.a.ii of
 cubic meters (50,000          condensate and if     this table.
 gallons).                     the annual average
                               true vapor pressure
                               of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is <76.6
                               kilopascals (11.1
                               psia)..
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
3. A storage tank at a        a. The stored         i. See the
 reconstructed or new          organic liquid is     requirement in item
 affected source with a        not crude oil or      1.a.i or 1.a.ii of
 capacity >=18.9 cubic         condensate and if     this table.
 meters (5,000 gallons) and    the annual average
 <37.9 cubic meters (10,000    true vapor pressure
 gallons).                     of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is >=27.6
                               kilopascals (4.0
                               psia) and <76.6
                               kilopascals (11.1
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
4. A storage tank at a        a. The stored         i. See the
 reconstructed or new          organic liquid is     requirement in item
 affected source with a        not crude oil or      1.a.i or 1.a.ii of
 capacity >=37.9 cubic         condensate and if     this table.
 meters (10,000 gallons) and   the annual average
 <189.3 cubic meters (50,000   true vapor pressure
 gallons).                     of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is >=0.7
                               kilopascals (0.1
                               psia) and <76.6
                               kilopascals (11.1
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
5. A storage tank at a        a. The stored         i. See the
 reconstructed or new          organic liquid is     requirement in item
 affected source with a        not crude oil or      1.a.i or 1.a.ii of
 capacity >=189.3 cubic        condensate and if     this table.
 meters (50,000 gallons).      the annual average
                               true vapor pressure
                               of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is <76.6
                               kilopascals (11.1
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.

6. A storage tank at an       a. The stored         i. Reduce emissions
 existing, reconstructed, or   organic liquid is     of total organic
 new affected source meeting   not crude oil or      HAP (or, upon
 the capacity criteria         condensate and if     approval, TOC) by
 specified in Table 2 of       the annual average    at least 95 weight-
 this subpart, items 1         true vapor pressure   percent or, as an
 through 5.                    of the total Table    option, to an
                               1 organic HAP in      exhaust
                               the stored organic    concentration less
                               liquid is >=76.6      than or equal to 20
                               kilopascals (11.1     ppmv, on a dry
                               psia).                basis corrected to
                                                     3 percent oxygen
                                                     for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS and Sec.
                                                       63.2346(m); OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, item 2.a,
                                                     for tanks storing
                                                     the liquids
                                                     described in that
                                                     table.
7. A transfer rack at an      a. The total Table 1  i. For all such
 existing facility where the   organic HAP content   loading arms at the
 total actual annual           of the organic        rack, reduce
 facility-level organic        liquid being loaded   emissions of total
 liquid loading volume         through one or more   organic HAP (or,
 through transfer racks is     of the transfer       upon approval, TOC)
 equal to or greater than      rack's arms is at     from the loading of
 800,000 gallons and less      least 98 percent by   organic liquids
 than 10 million gallons.      weight and is being   either by venting
                               loaded into a         the emissions that
                               transport vehicle.    occur during
                                                     loading through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS and Sec.
                                                       63.2346(m),
                                                     achieving at least
                                                     98 weight-percent
                                                     HAP reduction, OR,
                                                     as an option, to an
                                                     exhaust
                                                     concentration less
                                                     than or equal to 20
                                                     ppmv, on a dry
                                                     basis corrected to
                                                     3 percent oxygen
                                                     for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item 3
                                                     of Table 4 to this
                                                     subpart.
8. A transfer rack at an      a. One or more of     i. See the
 existing facility where the   the transfer rack's   requirements in
 total actual annual           arms is loading an    items 7.a.i and
 facility-level organic        organic liquid into   7.a.ii of this
 liquid loading volume         a transport vehicle.  table.
 through transfer racks is
 >=10 million gallons.
9. A transfer rack at a new   a. The total Table 1  i. See the
 facility where the total      organic HAP content   requirements in
 actual annual facility-       of the organic        items 7.a.i and
 level organic liquid          liquid being loaded   7.a.ii of this
 loading volume through        through one or more   table.
 transfer racks is less than   of the transfer
 800,000 gallons.              rack's arms is at
                               least 25 percent by
                               weight and is being
                               loaded into a
                               transport vehicle.
                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.
10. A transfer rack at a new  a. One or more of     i. See the
 facility where the total      the transfer rack's   requirements in
 actual annual facility-       arms is loading an    items 7.a.i and
 level organic liquid          organic liquid into   7.a.ii of this
 loading volume through        a transport vehicle.  table.
 transfer racks is equal to   b. One or more of     i. For all such
 or greater than 800,000       the transfer rack's   loading arms at the
 gallons.                      arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.
------------------------------------------------------------------------
\1\ Beginning no later than the compliance dates specified in Sec.
  63.2342(e), for each storage tank and low throughput transfer rack, if
  you vent emissions through a closed vent system to a flare then you
  must comply with the requirements specified in Sec.   63.2346(k).
\2\ Beginning no later than the compliance dates specified in Sec.
  63.2342(e), the tank capacity criteria, liquid vapor pressure
  criteria, and emission limits specified for storage tanks at an
  existing affected source in Table 2 of this subpart, item 1 no longer
  apply. Instead, you must comply with the requirements as specified in
  Sec.   63.2346(a)(5) and Table 2b of this subpart. If you choose to
  meet the fenceline monitoring requirements specified in Sec.
  63.2348, then you are not required to comply with Table 2b of this
  subpart as specified in Sec.   63.2346(a)(6). Instead, you may
  continue to comply with the tank capacity and liquid vapor pressure
  criteria and the emission limits specified for storage tanks at an
  existing affected source in Table 2 of this subpart, item 1.

0
24. Subpart EEEE of Part 63 is amended by adding Table 2b to read as
follows:

 Table 2B to Subpart EEEE of Part 63--Emission Limits for Storage Tanks
                  at Certain Existing Affected Sources
     As stated in Sec.   63.2346(a)(5), beginning no later than the
  compliance dates specified in Sec.   63.2342(e), the requirements in
   this Table 2b of this subpart apply to storage tanks at an existing
 affected source in lieu of the requirements in Table 2 of this subpart,
  item 1 for storage tanks at an existing affected source. As stated in
  Sec.   63.2346(a)(6), if you choose to meet the fenceline monitoring
   requirements specified in Sec.   63.2348, then you may continue to
   comply with the requirements in Table 2 of this subpart, item 1 for
storage tanks at an existing affected source instead of the requirements
                    in this Table 2b of this subpart.
------------------------------------------------------------------------
  If you own or operate . . .      And if . . .     Then you must . . .
------------------------------------------------------------------------
1. A storage tank at an         a. The stored      i. Reduce emissions
 existing affected source with   organic liquid     of total organic HAP
 a capacity >=18.9 cubic         is not crude oil   (or, upon approval,
 meters (5,000 gallons) and      or condensate      TOC) by at least 95
 <75.7 cubic meters (20,000      and if the         weight-percent or,
 gallons).                       annual average     as an option, to an
                                 true vapor         exhaust
                                 pressure of the    concentration less
                                 total Table 1      than or equal to 20
                                 organic HAP in     ppmv, on a dry basis
                                 the stored         corrected to 3
                                 organic liquid     percent oxygen for
                                 is >=27.6          combustion devices
                                 kilopascals (4.0   using supplemental
                                 psia).             combustion air, by
                                                    venting emissions
                                                    through a closed
                                                    vent system to a
                                                    flare meeting the
                                                    requirements of Sec.
                                                      63.983 and Sec.
                                                    63.2380, or by
                                                    venting emissions
                                                    through a closed
                                                    vent system to any
                                                    combination of
                                                    nonflare control
                                                    devices meeting the
                                                    applicable
                                                    requirements of 40
                                                    CFR part 63, subpart
                                                    SS and Sec.
                                                    63.2346(m); OR
                                                   ii. Comply with the
                                                    work practice
                                                    standards specified
                                                    in Table 4 to this
                                                    subpart, items 1.a,
                                                    1.b, or 1.c for
                                                    tanks storing
                                                    liquids described in
                                                    that table.
                                b. The stored      i. See the
                                 organic liquid     requirement in item
                                 is crude oil or    1.a.i or 1.a.ii of
                                 condensate.        this table.
2. A storage tank at an         a. The stored      i. See the
 existing affected source with   organic liquid     requirement in item
 a capacity >=75.7 cubic         is not crude oil   1.a.i or 1.a.ii of
 meters (20,000 gallons) and     or condensate      this table.
 <151.4 cubic meters (40,000     and if the
 gallons).                       annual average
                                 true vapor
                                 pressure of the
                                 total Table 1
                                 organic HAP in
                                 the stored
                                 organic liquid
                                 is >=13.1
                                 kilopascals (1.9
                                 psia).
                                b. The stored      i. See the
                                 organic liquid     requirement in item
                                 is crude oil or    1.a.i or 1.a.ii of
                                 condensate.        this table.
3. A storage tank at an         a. The stored      i. See the
 existing affected source with   organic liquid     requirement in item
 a capacity >=151.4 cubic        is not crude oil   1.a.i or 1.a.ii of
 meters (40,000 gallons) and     or condensate      this table.
 <189.3 cubic meters (50,000     and if the
 gallons).                       annual average
                                 true vapor
                                 pressure of the
                                 total Table 1
                                 organic HAP in
                                 the stored
                                 organic liquid
                                 is >=5.2
                                 kilopascals
                                 (0.75 psia).
                                b. The stored      i. See the
                                 organic liquid     requirement in item
                                 is crude oil or    1.a.i or 1.a.ii of
                                 condensate.        this table.
------------------------------------------------------------------------

0
25. Table 3 to subpart EEEE of Part 63 is revised to read as follows:

  Table 3 to Subpart EEEE of Part 63--Operating Limits--High Throughput
                             Transfer Racks
   As stated in Sec.   63.2346(e), you must comply with the operating
 limits for existing, reconstructed, or new affected sources as follows:
------------------------------------------------------------------------
   For each existing, each
 reconstructed, and each new                 You must . . .
 affected source using . . .
------------------------------------------------------------------------
1. A thermal oxidizer to       Maintain the daily average fire box or
 comply with an emission        combustion zone temperature greater than
 limit in Table 2 to this       or equal to the reference temperature
 subpart.                       established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit.
2. A catalytic oxidizer to     a. Replace the existing catalyst bed
 comply with an emission        before the age of the bed exceeds the
 limit in Table 2 to this       maximum allowable age established during
 subpart.                       the design evaluation or performance
                                test that demonstrated compliance with
                                the emission limit; AND
                               b. Maintain the daily average temperature
                                at the inlet of the catalyst bed greater
                                than or equal to the reference
                                temperature established during the
                                design evaluation or performance test
                                that demonstrated compliance with the
                                emission limit; AND
                               c. Maintain the daily average temperature
                                difference across the catalyst bed
                                greater than or equal to the minimum
                                temperature difference established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit.
3. An absorber to comply with  a. Maintain the daily average
 an emission limit in Table 2   concentration level of organic compounds
 to this subpart.               in the absorber exhaust less than or
                                equal to the reference concentration
                                established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; OR
                               b. Maintain the daily average scrubbing
                                liquid temperature less than or equal to
                                the reference temperature established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit; AND
                               Maintain the difference between the
                                specific gravities of the saturated and
                                fresh scrubbing fluids greater than or
                                equal to the difference established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit.

4. A condenser to comply with  a. Maintain the daily average
 an emission limit in Table 2   concentration level of organic compounds
 to this subpart.               at the condenser exit less than or equal
                                to the reference concentration
                                established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; OR
                               b. Maintain the daily average condenser
                                exit temperature less than or equal to
                                the reference temperature established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit.
5. An adsorption system with   a. Maintain the daily average
 adsorbent regeneration to      concentration level of organic compounds
 comply with an emission        in the adsorber exhaust less than or
 limit in Table 2 to this       equal to the reference concentration
 subpart.                       established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; OR
                               b. Maintain the total regeneration stream
                                mass flow during the adsorption bed
                                regeneration cycle greater than or equal
                                to the reference stream mass flow
                                established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; AND
                               Before the adsorption cycle commences,
                                achieve and maintain the temperature of
                                the adsorption bed after regeneration
                                less than or equal to the reference
                                temperature established during the
                                design evaluation or performance test
                                that demonstrated compliance with the
                                emission limit; AND
                               Achieve a pressure reduction during each
                                adsorption bed regeneration cycle
                                greater than or equal to the pressure
                                reduction established during the design
                                evaluation or performance test that
                                demonstrated compliance with the
                                emission limit.
6. An adsorption system        a. Maintain the daily average
 without adsorbent              concentration level of organic compounds
 regeneration to comply with    in the adsorber exhaust less than or
 an emission limit in Table 2   equal to the reference concentration
 to this subpart.               established during the design evaluation
                                or performance test that demonstrated
                                compliance with the emission limit; OR
                               b. Replace the existing adsorbent in each
                                segment of the bed with an adsorbent
                                that meets the replacement
                                specifications established during the
                                design evaluation or performance test
                                before the age of the adsorbent exceeds
                                the maximum allowable age established
                                during the design evaluation or
                                performance test that demonstrated
                                compliance with the emission limit; AND
                               Maintain the temperature of the
                                adsorption bed less than or equal to the
                                reference temperature established during
                                the design evaluation or performance
                                test that demonstrated compliance with
                                the emission limit.
7. A flare to comply with an   a. Except as specified in item 7.d of
 emission limit in Table 2 to   this table, comply with the equipment
 this subpart.                  and operating requirements in Sec.
                                63.987(a); AND
                               b. Except as specified in item 7.d of
                                this table, conduct an initial flare
                                compliance assessment in accordance with
                                Sec.   63.987(b); AND
                               c. Except as specified in item 7.d of
                                this table, install and operate
                                monitoring equipment as specified in
                                Sec.   63.987(c).
                               d. Beginning no later than the compliance
                                dates specified in Sec.   63.2342(e),
                                comply with the requirements in Sec.
                                63.2380 instead of the requirements in
                                Sec.   63.987 and the provisions
                                regarding flare compliance assessments
                                at Sec.   63.997(a), (b), and (c).
8. Another type of control     Submit a monitoring plan as specified in
 device to comply with an       Sec.  Sec.   63.995(c) and 63.2366(b),
 emission limit in Table 2 to   and monitor the control device in
 this subpart.                  accordance with that plan.
------------------------------------------------------------------------

0
26. Table 4 to subpart EEEE of Part 63 is revised to read as follows:

       Table 4 to Subpart EEEE of Part 63--Work Practice Standards
  As stated in Sec.   63.2346, you may elect to comply with one of the
  work practice standards for existing, reconstructed, or new affected
      sources in the following table. If you elect to do so, . . .
------------------------------------------------------------------------
        For each . . .                       You must . . .
------------------------------------------------------------------------
1. Storage tank at an          a. Comply with the requirements of 40 CFR
 existing, reconstructed, or    part 63, subpart WW (control level 2),
 new affected source meeting    if you elect to meet 40 CFR part 63,
 any set of tank capacity and   subpart WW (control level 2)
 organic HAP vapor pressure     requirements as an alternative to the
 criteria specified in Table    emission limit in Table 2 to this
 2 to this subpart, items 1     subpart, items 1 through 5 or the
 through 5 or Table 2b to       emission limit in Table 2b to this
 this subpart, items 1          subpart, items 1 through 3; OR
 through 3.                    b. Comply with the requirements in Sec.
                                Sec.   63.2346(m) and 63.984 for routing
                                emissions to a fuel gas system or back
                                to a process; OR
                               c. Comply with the requirements of Sec.
                                63.2346(a)(4) for vapor balancing
                                emissions to the transport vehicle from
                                which the storage tank is filled.
2. Storage tank at an          a. Comply with the requirements in Sec.
 existing, reconstructed, or    Sec.   63.2346(m) and 63.984 for routing
 new affected source meeting    emissions to a fuel gas system or back
 any set of tank capacity and   to a process; OR
 organic HAP vapor pressure    b. Comply with the requirements of Sec.
 criteria specified in Table    63.2346(a)(4) for vapor balancing
 2 to this subpart, item 6.     emissions to the transport vehicle from
                                which the storage tank is filled.

3. Transfer rack subject to    a. If the option of a vapor balancing
 control based on the           system is selected, install and, during
 criteria specified in Table    the loading of organic liquids, operate
 2 to this subpart, items 7     a system that meets the requirements in
 through 10, at an existing,    Table 7 to this subpart, item 3.b.i and
 reconstructed, or new          item 3.b.ii, as applicable; OR
 affected source.              b. Comply with the requirements in Sec.
                                Sec.   63.2346(m) and 63.984 during the
                                loading of organic liquids, for routing
                                emissions to a fuel gas system or back
                                to a process.
4. Pump, valve, and sampling   Comply with Sec.   63.2346(m) and the
 connection that operates in    requirements for pumps, valves, and
 organic liquids service at     sampling connections in 40 CFR part 63,
 least 300 hours per year at    subpart TT (control level 1), subpart UU
 an existing, reconstructed,    (control level 2), or subpart H.
 or new affected source.
5. Transport vehicles          Follow the steps in 40 CFR 60.502(e) to
 equipped with vapor            ensure that organic liquids are loaded
 collection equipment that      only into vapor-tight transport
 are loaded at transfer racks   vehicles, and comply with the provisions
 that are subject to control    in 40 CFR 60.502(f), (g), (h), and (i),
 based on the criteria          except substitute the term transport
 specified in Table 2 to this   vehicle at each occurrence of tank truck
 subpart, items 7 through 10.   or gasoline tank truck in those
                                paragraphs.
6. Transport vehicles          Ensure that organic liquids are loaded
 equipped without vapor         only into transport vehicles that have a
 collection equipment that      current certification in accordance with
 are loaded at transfer racks   the U.S. DOT qualification and
 that are subject to control    maintenance requirements in 49 CFR part
 based on the criteria          180, subpart E for cargo tanks and
 specified in Table 2 to this   subpart F for tank cars.
 subpart, items 7 through 10.
7. Connector that operates in  Beginning no later than the compliance
 organic liquids service at     dates specified in Sec.   63.2342(e),
 least 300 hours per year at    comply with Sec.   63.2346(m) and the
 an existing, reconstructed,    requirements for connectors in 40 CFR
 or new affected source.        part 63, subpart UU (control level 2),
                                or subpart H.\1\
------------------------------------------------------------------------
\1\ If you choose to meet the fenceline monitoring requirements
  specified in Sec.   63.2348, then you are not required to comply with
  item 7 of this table.

0
27. Table 5 to subpart EEEE of Part 63 is revised to read as follows:

                              Table 5 to Subpart EEEE of Part 63--Requirements for Performance Tests and Design Evaluations
   As stated in Sec.  Sec.   63.2354(a) and 63.2362, you must comply with the requirements for performance tests and design evaluations for existing,
                                                   reconstructed, or new affected sources as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                According to the
             For . . .               You must conduct . . .    According to . . .         Using . . .         To determine . . .         following
                                                                                requirements . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Each existing, each               a. A performance test   i. Sec.                 (1) Method 1 or 1A in  (A) Sampling port      (i) Sampling sites
 reconstructed, and each new          to determine the        63.985(b)(1)(ii),       appendix A-1 of 40     locations and the      must be located at
 affected source using a nonflare     organic HAP (or, upon   Sec.   63.988(b),       CFR part 60, as        required number of     the inlet and outlet