[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Rules and Regulations]
[Pages 30161-30163]
[FR Doc No: 2015-12655]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0532; FRL-9928-17-Region 10]

Approval and Promulgation of Implementation Plans; Alaska

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Alaska State Implementation Plan (SIP) submitted on
July 1, 2014 and October 24, 2014. These revisions primarily update the
adoption by reference of Federal regulations and definitions into the
Alaska SIP. The revisions also clarify stationary source permitting
rules governing owner-requested emission limits and revise the SIP to
reflect the redesignation of the Eagle River area of Anchorage. Upon
the effective date, the Alaska SIP will be updated to reflect recent
Federal regulatory changes and actions.

DATES: This final rule is effective on June 26, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2014-0532. All documents in the
docket are listed on the http://www.regulations.gov Web site. Although
listed in the index, some information may not be publicly available,
i.e., Confidential Business Information or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-150, 1200 Sixth Avenue, Seattle, Washington
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    In a notice of proposed rulemaking published in the Federal
Register at 80 FR 14038, March 18, 2015, the EPA proposed to approve
and incorporate by reference revisions to the Alaska SIP submitted on
July 1, 2014 and October 24, 2014. Please see our March 18, 2015,
proposed rulemaking for further explanation and the basis for our
finding. The public comment period for the proposal ended on April 17,
2015. We received a comment letter from the Alaska Department of
Environmental Conservation, dated April 16, 2015, acknowledging our
work and supporting the proposal. We received no other comments.

II. Final Action

    The EPA is approving and incorporating by reference into the Alaska
SIP changes to the following provisions submitted on July 1, 2014 and
October 24, 2014:
     18 AAC 50.015 ``Air Quality Designations, Classifications,
and Control Regions'' (State effective 10/6/2013);
     18 AAC 50.040 ``Federal Standards Adopted by Reference''
(State effective 10/6/2013);
     18 AAC 50.225 ``Owner-Requested Limits'' (State effective
10/6/2013);
     18 AAC 50.260 ``Guidelines for Best Available Retrofit
Technology under the Regional Haze Rule'' (State effective 10/6/2013);
     18 AAC 50.502 ``Minor Permits for Air Quality Protection''
(State effective 11/9/2014); and
     18 AAC 50.990 ``Definitions'' (State effective 11/9/2014).

We note that this action does not address the submitted revisions
related to Alaska's nonattainment NSR permitting program because we
approved those changes on January 7, 2015 (80 FR 832). This action is
being taken under section 110 and part C of title I of the CAA.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
provisions of 18 AAC 50 set forth below. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human

health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 27, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 7, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart C--Alaska

0
2. In section 52.70, the table in paragraph (c) is amended by revising
entries 18 AAC 50.015, 18 AAC 50.040, 18 AAC 50.225, 18 AAC 50.260, 18
AAC 50.502, and 18 AAC 50.990 to read as follows:

Sec.  52.70  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                          State
        State citation              Title/subject       effective     EPA approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
   Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
18 AAC 50.015.................  Air Quality                10/6/13  05/27/15 [Insert       .....................
                                 Designations,                       Federal Register
                                 Classifications, and                citation].
                                 Control Regions.

                                                  * * * * * * *
18 AAC 50.040.................  Federal Standards          11/9/14  1/7/15, 80 FR 832; 05/ except (a), (b), (c),
                                 Adopted by Reference.     10/6/13   27/15 [Insert          (d), (e), (g),
                                                           12/3/05   Federal Register       (h)(21), (j), and
                                                                     citation] 8/14/07,     (k).
                                                                     72 FR 45378.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   18 AAC 50 Article 2. Program Administration
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
18 AAC 50.225.................  Owner-Requested            10/6/13  05/27/15 [Insert       .....................
                                 Limits.                             Federal Register
                                                                     citation].

                                                  * * * * * * *
18 AAC 50.260.................  Guidelines for Best        10/6/13  05/27/15 [Insert       .....................
                                 Available Retrofit                  Federal Register
                                 Technology under the                citation].
                                 Regional Haze Rule.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       18 AAC 50 Article 5. Minor Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.502.................  Minor Permits for Air      11/9/14  05/27/15 [Insert       .....................
                                 Quality Protection.                 Federal Register
                                                                     citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     18 AAC 50 Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
18 AAC 50.990.................  Definitions..........      11/9/14  1/7/15, 80 FR 832; 05/ .....................
                                                                     27/15 [Insert
                                                                     Federal Register
                                                                     citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-12655 Filed 5-26-15; 8:45 am]
BILLING CODE 6560-50-P


determine process vent stream gas volumetric flow rate. No applicable
VCS were identified for these methods. In addition, the EPA is
proposing to allow EPA Method 3A as an alternative to EPA Method 3B for
determining the oxygen concentration to use in oxygen correction
equations. While several candidate VCS were identified (ANSI/ASME PTC
19-10-1981 Part 10, ASME B133.9-1994 (2001), ISO 10396:1993 (2007), ISO
12039:2001, ASTM D5835-95 (2013), ASTM D6522-00 (2011), and CAN/CSA
Z223.2-M86 (1999)), we do not propose to use any of these standards in
this proposed rule. The use of these VCS would not be practical due to
lack of equivalency, documentation, validation data and other important
technical and policy considerations. The EPA also proposes to require
the use of EPA Method 25A to determine compliance with the control
device percent reduction requirement, if the owner or operator chooses
to measure total organic content. While the agency identified two
candidate VCS (ISO 14965:2000(E), EN 12619 (1999)) as being potentially
applicable, we do not propose to use either standard in this proposed
rule. The use of these VCS would not be practical due to the limited
measurement ranges of these methods. (For more detail, see ``Voluntary
Consensus Standard Results for NESHAP: Off-Site Waste and Recovery
Operations 40 CFR Part 63, Subpart DD'' in the docket for this proposed
rule.)
    The EPA welcomes comments on this aspect of the proposed rule and,
specifically, invites the public to identify potentially-applicable VCS
and to explain why such standards should be used in this regulation.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practical and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority, low income or indigenous populations because it
increases the level of environmental protection for all affected
populations without having any disproportionately high and adverse
human health or environmental effects on any population, including any
minority, low income or indigenous populations.
    To gain a better understanding of the source category and near
source populations, the EPA conducted a proximity analysis for OSWRO
facilities to identify any overrepresentation of minority, low income
or indigenous populations. This analysis only gives some indication of
the prevalence of sub-populations that may be exposed to air pollution
from the sources; it does not identify the demographic characteristics
of the most highly affected individuals or communities, nor does it
quantify the level of risk faced by those individuals or communities.
More information on the source category's risk can be found in section
IV of this preamble.

    In determining the aggregate demographic makeup of the communities
near affected sources, the EPA focused on those census blocks within 3
miles of affected sources, determined the demographic composition
(e.g., race, income, etc.) of these census blocks, and compared them to
the corresponding compositions nationally. The results of this
proximity analysis show that most demographic categories were below or
within 20 percent of their corresponding national averages except for
the African American and minority populations. The African American
segment of the population within 3 miles of any source affected by this
proposed rule exceeds the national average by 166 percent, or 21
percentage points (34 percent versus 13 percent). The minority
population within 3 miles exceeds the national average by 64 percent,
or 24 percentage points, (61 percent versus 37 percent). However, as
noted previously, risks from this source category were found to be
acceptable for all populations. Additionally, the proposed changes to
the standard increase the level of environmental protection for all
affected populations by reducing emissions from equipment leaks and
tanks.
    Further details concerning this analysis are presented in the
December 3, 2013 memorandum titled, Environmental Justice Review: Off-
Site Waste and Recovery Operations, RTR, a copy of which is available
in the docket for this action (EPA-HQ-OAR-2012-0360).

List of Subjects in 40 CFR Part 63

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

    Dated: May 30, 2014.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental
Protection Agency (EPA) proposes to amend Title 40, chapter I, of the
Code of Federal Regulations (CFR) as follows:

PART 63--[AMENDED]

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

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

Subpart DD--[Amended]

0
2. Section 63.680 is amended by:
0
a. Revising paragraphs (e)(1) and (2); and
0
b. Adding paragraph (g) to read as follows:

Sec.  63.680  Applicability and designation of affected sources.

* * * * *
    (e) * * *
    (1) Existing sources. The owner or operator of an affected source
that commenced construction or reconstruction before October 13, 1994,
must achieve compliance with the provisions of this subpart on or
before the date specified in paragraph (e)(1)(i),(ii), or (iii) of this
section as applicable to the affected source.
    (i) For an affected source that commenced construction or
reconstruction before October 13, 1994 and receives off-site material
for the first time before February 1, 2000, the owner or operator of
this affected source must achieve compliance with the provisions of the
subpart (except Sec. Sec.  63.685(b)(1)(ii), 63.691(b), and
63.691(c)(3)(i) and (ii) of this subpart) on or before February 1, 2000
unless an extension has been granted by the Administrator as provided
in 40 CFR 63.6(i). These existing affected sources shall be in
compliance with the tank requirements of Sec.  63.685(b)(1)(ii) of this
subpart two years after the publication date of the final amendments on
[DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], the
equipment leak requirements of Sec.  63.691(b) of this subpart one year
after the publication date of the final amendments on [DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], and the
pressure relief device monitoring requirements of Sec.  63.691(c)(3)(i)
and (ii) of this subpart three years after the publication date of the
final amendments on [DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER].
    (ii) For an affected source that commenced construction or
reconstruction before October 13, 1994, but receives off-site material
for the first time on or after February 1, 2000, but before [DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], the owner or
operator of the affected source must achieve compliance with the
provisions of this subpart (except Sec. Sec.  63.685(b)(1)(ii),
63.691(b), and 63.691(c)(3)(i) and (ii) of this subpart) upon the first
date that the affected source begins to manage off-site material. These
existing affected sources shall be in compliance with the tank
requirements of Sec.  63.685(b)(1)(ii) of this subpart two years after
the publication date of the final amendments on [DATE OF PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER], the equipment leak
requirements of Sec.  63.691(b) of this subpart one year after the
publication date of the final amendments on [DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER], and the pressure relief device
monitoring requirements of Sec.  63.691(c)(3)(i) and (ii) of this
subpart three years after the publication date of the final amendments
on [DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
    (iii) For an affected source that commenced construction or
reconstruction before October 13, 1994, but receives off-site material
for the first time on or after [DATE OF PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER], the owner or operator of the affected source
must achieve compliance with the provisions of this subpart (except
Sec. Sec.  63.685 (b)(1)(ii), 63.691(b), and 63.691(c)(3)(i) and (ii)
of this subpart) upon the first date that the affected source begins to
manage off-site material. These existing affected sources shall be in
compliance with the tank requirements of Sec.  63.685(b)(1)(ii) of this
subpart two years after the publication date of the final amendments on
[DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], the
equipment leak requirements of Sec.  63.691(b) of this subpart one year
after the publication date of the final amendments on [DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], and the
pressure relief device monitoring requirements of Sec.  63.691(c)(3)(i)
and (ii) of this subpart three years after the publication date of the
final amendments on [DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER].
    (2) New sources. The owner or operator of an affected source for
which construction or reconstruction commences on or after October 13,
1994, must achieve compliance with the provisions of this subpart
(except Sec. Sec.  63.685(b)(2), 63.691(b), and 63.691(c)(i) and (ii)
of this subpart) on or before July 1, 1996, or upon initial startup of
operations, whichever date is later as provided in 40 CFR 63.6(b). New
affected sources that commenced construction or reconstruction after
October 13, 1994, but on or before [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER], shall be in compliance with the tank requirements of
Sec.  63.685(b)(2) of this subpart two years after the publication date
of the final amendments, the equipment leak requirements of Sec.
63.691(b) of this

subpart one after the publication date of the final amendments, and the
pressure relief device monitoring requirements of Sec.  63.691(c)(i)
and (ii) of this subpart three years after the effective date of the
final amendments. New affected sources that commence construction or
reconstruction after July 2, 2014 shall be in compliance with the tank
requirements of Sec.  63.685(b)(2) of this subpart, the equipment leak
requirements of Sec.  63.691(b) of this subpart, and the pressure
relief device monitoring requirements of Sec.  63.691(c)(3)(i) and (ii)
of this subpart upon initial startup or by the effective date of the
final amendments, whichever is later.
* * * * *
    (g) Applicability of this subpart. (1) The emission limitations set
forth in this subpart and the emission limitations referred to in this
subpart shall apply at all times except during periods of non-operation
of the affected source (or specific portion thereof) resulting in
cessation of the emissions to which this subpart applies.
    (2) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
times when emissions are being routed to such items of equipment, if
the shutdown would contravene requirements of this subpart applicable
to such items of equipment.
0
3. Section 63.681 is amended by:
0
a. Adding, in alphabetical order, definitions for ``Bypass'', ``In gas/
vapor service'', ``In heavy liquid service'', ``In light liquid
service'', ``In liquid service'', ``Pressure release'', and ``Pressure
relief device or valve'';
0
b. Revising the definitions of ``Point-of-treatment'' and ``Process
vent''; and
0
c. Removing the definition of ``Safety device'' to read as follows:

Sec.  63.681  Definitions.

* * * * *
    Bypass means diverting a process vent or closed vent system stream
to the atmosphere such that it does not first pass through an emission
control device.
* * * * *
    In gas/vapor service means that a piece of equipment in off-site
material service contains a gas or vapor at operating conditions.
    In heavy liquid service means that a piece of equipment in off-site
material service is not in gas/vapor service or in light liquid
service.
    In light liquid service means that a piece of equipment in off-site
material service contains a liquid that meets the following conditions:
    (1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20 [deg]C,
    (2) The total concentration of the pure organic compounds
constituents having a vapor pressure greater than 0.3 kilopascals at 20
[deg]C is equal to or greater than 20 percent by weight of the total
process stream, and
    (3) The fluid is a liquid at operating conditions.
    Note to In light liquid service. Vapor pressures may be determined
by the methods described in 40 CFR 60.485(e)(1).
    In liquid service means that a piece of equipment in off-site
material service is not in gas/vapor service.
* * * * *
    Point-of-treatment means a point after the treated material exits
the treatment process but before the first point downstream of the
treatment process exit where the organic constituents in the treated
material have the potential to volatilize and be released to the
atmosphere. For the purpose of applying this definition to this
subpart, the first point downstream of the treatment process exit is
not a fugitive emission point due to an equipment leak from any of the
following equipment components: Pumps, compressors, valves, connectors,
instrumentation systems, or pressure relief devices.
    Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device. This release can be one release or a series of releases
over a short time period.
    Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable
working pressure of the process equipment. A common pressure relief
device is a spring-loaded pressure relief valve. Devices that are
actuated either by a pressure of less than or equal to 2.5 pounds per
square inch gauge or by a vacuum are not pressure relief devices.
* * * * *
    Process vent means an open-ended pipe, stack, or duct through which
a gas stream containing HAP is continuously or intermittently
discharged to the atmosphere from any of the processes listed in Sec.
63.680(c)(2)(i) through (vi) of this subpart. For the purpose of this
subpart, a process vent is none of the following: a pressure relief
device; an open-ended line or other vent that is subject to the
equipment leak control requirements under Sec.  63.691 of this subpart;
or a stack or other vent that is used to exhaust combustion products
from a boiler, furnace, process heater, incinerator, or other
combustion device.
* * * * *
0
4. Section 63.683 is revised by adding paragraphs (e) and (f) to read
as follows:

Sec.  63.683  Standards: General.

* * * * *
    (e) General Duty. At all times, the owner or operator 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 the
owner operator 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.
    (f) In addition to the cases listed in Sec.  63.695(e)(4) of this
subpart, deviation means any of the cases listed in paragraphs (f)(1)
through (6) of this section.
    (1) Any instance in which an affected source subject to this
subpart, or an owner or operator of such a source, fails to meet any
requirement or obligation established by this subpart, including, but
not limited to, any emission limit, operating limit or work practice
standard.
    (2) When a performance test indicates that emissions of a pollutant
in Table 1 to this subpart are exceeding the emission standard for the
pollutant specified in Table 1 to this subpart.
    (3) When the average value of a monitored operating parameter,
based on the data averaging period for compliance specified in Sec.
63.695 of this subpart, does not meet the operating limit specified in
Sec.  63.693 of this subpart.
    (4) When an affected source discharges directly into the atmosphere
from any of the sources specified in paragraphs (f)(4)(i) and (ii) of
this section.
    (i) A pressure relief device, as defined in Sec.  63.681 of this
subpart.
    (ii) A bypass, as defined in Sec.  63.681 of this subpart.
    (5) Any instance in which the affected source subject to this
subpart, or an owner or operator of such a source, fails to meet any
term or condition specified

in paragraph (f)(5)(i) or (ii) of this section.
    (i) Any term or condition that is adopted to implement an
applicable requirement in this subpart.
    (ii) Any term or condition relating to compliance with this subpart
that is included in the operating permit for an affected source to
obtain such a permit.
    (6) Any failure to collect required data, except for periods of
monitoring system malfunctions, repairs associated with monitoring
system malfunctions, and required monitoring system quality assurance
or quality control activities (including, as applicable, calibration
checks and required zero and span adjustments).
0
5. Section 63.684 is amended by adding paragraph (b)(5)(v) and revising
paragraph (h) to read as follows:

Sec.  63.684  Standards: Off-site Material Treatment.

* * * * *
    (b) * * *
    (5) * * *
    (v) An incinerator, boiler, or industrial furnace for which the
owner or operator has submitted a Notification of Compliance under 40
CFR 63.1207(j) and 63.1210(d) and complies with the requirements of 40
CFR part 63, subpart EEE at all times (including times when non-
hazardous waste is being burned).
* * * * *
    (h) The Administrator may at any time conduct or require that the
owner or operator conduct testing necessary to demonstrate that a
treatment process is achieving the applicable performance requirements
of this section. The testing shall be conducted in accordance with the
applicable requirements of this section. The Administrator may elect to
have an authorized representative observe testing conducted by the
owner or operator.
0
6. Section 63.685 is amended by:
0
a. Revising paragraphs (b) introductory text, (b)(1), and (b)(2);
0
b. Removing paragraph (b)(4);
0
c. Revising paragraphs (c)(1), (c)(2)(i), (c)(2)(iii)(B), (g)(2), and
(h)(3); and
0
d. Removing paragraph (i)(3) and redesignating paragraph (i)(4) as
paragraph (i)(3) to read as follows:

Sec.  63.685  Standards: Tanks.

* * * * *
    (b) According to the date an affected source commenced construction
or reconstruction and the date an affected source receives off-site
material for the first time as established in Sec.  63.680(e)(i)
through (iii) of this subpart, the owner or operator shall control air
emissions from each tank subject to this section in accordance with
either paragraph (b)(1)(i) or (ii) of this section.
    (1)(i) For a tank that is part of an existing affected source but
the tank is not used for a waste stabilization process as defined in
Sec.  63.681 of this subpart, the owner or operator shall determine
whether the tank is required to use either Tank Level 1 controls or
Tank Level 2 controls as specified for the tank by Table 3 of this
subpart based on the off-site material maximum HAP vapor pressure, the
tank's design capacity. The owner or operator shall control air
emissions from a tank required by Table 3 to use Tank Level 1 controls
in accordance with the requirements of paragraph (c) of this section.
The owner or operator shall control air emissions from a tank required
by Table 3 to use Tank Level 2 controls in accordance with the
requirements of paragraph (d) of this section.
    (ii) For a tank that is part of an existing affected source but the
tank is not used for a waste stabilization process as defined in Sec.
63.681 of this subpart, the owner or operator shall determine whether
the tank is required to use either Tank Level 1 controls or Tank Level
2 controls as specified for the tank by Table 4 of this subpart based
on the off-site material maximum HAP vapor pressure and the tank's
design capacity. The owner or operator shall control air emissions from
a tank required by Table 4 to use Tank Level 1 controls in accordance
with the requirements of paragraph (c) of this section. The owner or
operator shall control air emissions from a tank required by Table 4 to
use Tank Level 2 controls in accordance with the requirements of
paragraph (d) of this section.
    (2) For a tank that is part of a new affected source but the tank
is not used for a waste stabilization process as defined in Sec.
63.681 of this subpart, the owner or operator shall determine whether
the tank is required to use either Tank Level 1 controls or Tank Level
2 controls as specified for the tank by Table 5 of this subpart based
on the off-site material maximum HAP vapor pressure and the tank's
design capacity. The owner or operator shall control air emissions from
a tank required by Table 5 to use Tank Level 1 controls in accordance
with the requirements of paragraph (c) of this section. The owner or
operator shall control air emissions from a tank required by Table 5 to
use Tank Level 2 controls in accordance with the requirements of
paragraph (d) of this section.
* * * * *
    (c) * * *
    (1) The owner or operator shall determine the maximum HAP vapor
pressure for an off-site material to be managed in the tank using Tank
Level 1 controls before the first time the off-site material is placed
in the tank. The maximum HAP vapor pressure shall be determined using
the procedures specified in Sec.  63.694(j) of this subpart.
Thereafter, the owner or operator shall perform a new determination
whenever changes to the off-site material managed in the tank could
potentially cause the maximum HAP vapor pressure to increase to a level
that is equal to or greater than the maximum HAP vapor pressure limit
for the tank design capacity category specified in Table 3, Table 4, or
Table 5 of this subpart, as applicable to the tank.
    (2) * * *
    (i) The owner or operator controls air emissions from the tank in
accordance with the provisions specified in subpart OO of 40 CFR part
63--National Emission Standards for Tanks--Level 1, except that 40 CFR
63.902(c)(2) and (3) shall not apply for the purposes of this subpart.
* * * * *
    (iii) * * *
    (B) At all other times, air emissions from the tank must be
controlled in accordance with the provisions specified in 40 CFR part
67, subpart OO--National Emission Standards for Tanks--Level 1, except
that 40 CFR 63.902(c)(2) and (3) shall not apply for the purposes of
this subpart.
* * * * *
    (g) * * *
    (2) Whenever an off-site material is in the tank, the fixed roof
shall be installed with each closure device secured in the closed
position and the vapor headspace underneath the fixed roof vented to
the control device except that to the control device except that
venting to the control device is not required, and opening of closure
devices or removal of the fixed roof is allowed at the following times:
    (i) To provide access to the tank for performing routine
inspection, maintenance, or other activities needed for normal
operations. Examples of such activities include those times when a
worker needs to open a port to sample liquid in the tank, or when a
worker needs to open a hatch to maintain or repair equipment. Following
completion of the activity, the owner or operator shall promptly secure
the closure device in the closed position or reinstall the cover, as
applicable, to the tank.
    (ii) To remove accumulated sludge or other residues from the bottom
of the tank.
* * * * *

    (h) * * *
    (3) Whenever an off-site material is in the tank, the tank shall be
operated as a closed system that does not vent to the atmosphere except
at those times when purging of inerts from the tank is required and the
purge stream is routed to a closed-vent system and control device
designed and operated in accordance with the requirements of Sec.
63.693 of this subpart.
    (i) * * *
    (3) The owner or operator shall inspect and monitor the closed-vent
system and control device as specified in Sec.  63.693.
0
7. Section 63.686 is amended by revising paragraphs (b)(1) through (3)
to read as follows:

Sec.  63.686  Standards: Oil-water and organic water separators.

* * * * *
    (b) * * *
    (1) A floating roof in accordance with all applicable provisions
specified in 40 CFR part 63, subpart VV--National Emission Standards
for Oil-Water Separators and Organic-Water Separators, except that
Sec. Sec.  63.1043(c)(2), 63.1044(c)(2), and 63.1045(b)(3)(i) shall not
apply for the purposes of this subpart. For portions of the separator
where it is infeasible to install and operate a floating roof, such as
over a weir mechanism, the owner or operator shall comply with the
requirements specified in paragraph (b)(2) of this section.
    (2) A fixed-roof that is vented through a closed-vent system to a
control device in accordance with all applicable provisions specified
in 40 CFR part 63, subpart VV--National Emission Standards for Oil-
Water Separators and Organic-Water Separators, except that Sec. Sec.
63.1043(c)(2), 63.1044(c)(2), and 63.1045(b)(3)(i) shall not apply for
the purposes of this subpart.
    (3) A pressurized separator that operates as a closed system in
accordance with all applicable provisions specified in 40 CFR part 63,
subpart VV--National Emission Standards for Oil-Water Separators and
Organic-Water Separators, except that Sec. Sec.  63.1043(c)(2),
63.1044(c)(2), and 63.1045(b)(3)(i) shall not apply for the purposes of
this subpart.
0
8. Section 63.687 is amended by revising paragraphs (b)(1) and (2) to
read as follows:

Sec.  63.687  Standards: Surface impoundments.

* * * * *
    (b) * * *
    (1) A floating membrane cover in accordance with the applicable
provisions specified in 40 CFR part 63, subpart QQ--National Emission
Standards for Surface Impoundments, except that Sec. Sec.  63.942(c)(2)
and (3) and 63.943(c)(2) shall not apply for the purposes of this
subpart; or
    (2) A cover that is vented through a closed-vent system to a
control device in accordance with all applicable provisions specified
in 40 CFR part 63, subpart QQ--National Emission Standards for Surface
Impoundments, except that Sec. Sec.  63.942(c)(2) and (3) and
63.943(c)(2) shall not apply for the purposes of this subpart.
0
9. Section 63.688 is amended by revising paragraphs (b)(1)(i),
(b)(1)(ii), and (b)(3)(i) to read as follows:

Sec.  63.688  Standards: Containers.

* * * * *
    (b) * * *
    (1) * * *
    (i) The owner or operator controls air emissions from the container
in accordance with the standards for Container Level 1 controls as
specified in 40 CFR part 63, subpart PP--National Emission Standards
for Containers, except that Sec. Sec.  63.922(d)(4) and (5) and
63.923(d)(4) and (5) shall not apply for the purposes of this subpart.
    (ii) As an alternative to meeting the requirements in paragraph
(b)(1)(i) of this section, an owner or operator may choose to control
air emissions from the container in accordance with the standards for
either Container Level 2 controls or Container Level 3 controls as
specified in subpart PP of 40 CFR part 63--National Emission Standards
for Containers, except that Sec. Sec.  63.922(d)(4) and (5) and
63.923(d)(4) and (5) shall not apply for the purposes of this subpart.
* * * * *
    (3) * * *
    (i) The owner or operator controls air emissions from the container
in accordance with the standards for Container Level 2 controls as
specified in 40 CFR part 63, subpart PP--National Emission Standards
for Containers, except that Sec. Sec.  63.922(d)(4) and (5) and
63.923(d)(4) and (5) shall not apply for the purposes of this subpart.
* * * * *
0
10. Section 63.689 is amended by revising paragraph (d)(5) to read as
follows:

Sec.  63.689  Standards: Transfer systems.

* * * * *
    (d) * * *
    (5) Whenever an off-site material is in the transfer system, the
cover shall be installed with each closure device secured in the closed
position, except the opening of closure devices or removal of the cover
is allowed to provide access to the transfer system for performing
routine inspection, maintenance, repair, or other activities needed for
normal operations. Examples of such activities include those times when
a worker needs to open a hatch or remove the cover to repair conveyance
equipment mounted under the cover or to clear a blockage of material
inside the system. Following completion of the activity, the owner or
operator shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable.
* * * * *
0
11. Section 63.691 is amended by:
0
a. Revising paragraph (b); and
0
b. Adding paragraph (c) to read as follows:

Sec.  63.691  Standards: Equipment leaks.

* * * * *
    (b) According to the date an affected source commenced construction
or reconstruction and the date an affected source receives off-site
material for the first time, as established in Sec.  63.680(e)(i)
through (iii) of this subpart, the owner or operator shall control the
HAP emitted from equipment leaks in accordance with the applicable
provisions specified in either paragraph (b)(1) or (2) of this section.
    (1)(i) The owner or operator controls the HAP emitted from
equipment leaks in accordance with Sec. Sec.  61.241 through 61.247 in
40 CFR part 61, subpart V--National Emission Standards for Equipment
Leaks, with the difference noted in paragraphs (b)(1)(iii) and (iv) of
this section for the purposes of this subpart; or
    (ii) The owner or operator controls the HAP emitted from equipment
leaks in accordance with Sec. Sec.  63.161 through 63.182 in 40 CFR
part 63, subpart H--National Emission Standards for Organic Hazardous
Air Pollutants from Equipment Leaks, with the differences noted in
paragraphs (b)(2)(i) through (iv) of this section for the purposes of
this subpart.
    (iii) On or after [DATE OF PUBLICATION OF THE FINAL RULE AMENDMENTS
IN THE FEDERAL REGISTER], for the purpose of complying with the
requirements of 40 CFR 61.242-6(a)(2), the open end is sealed when
instrument monitoring of the open-ended valve or line conducted
according to Method 21 of 40 CFR part 60, appendix A indicates no
readings of 500 ppm or greater.
    (iv) On or after [DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER], for the purpose of complying with the requirements
of 40 CFR 61.242-6(d),

open-ended valves or lines in an emergency shutdown system which are
designed to open automatically in the event of a process upset and that
are exempt from the requirements in 40 CFR 61.242-6(a), (b), and (c)
must comply with the requirements in Sec.  63.693(c)(2) of this
subpart.
    (2) The owner or operator controls the HAP emitted from equipment
leaks in accordance with Sec. Sec.  63.161 through Sec.  63.183 in 40
CFR part 63, subpart H--National Emission Standards for Organic
Hazardous Air Pollutants for Equipment Leaks, with the differences
noted in paragraphs (b)(2)(i) through (v) of this section for the
purposes of this subpart.
    (i) For each valve in gas/vapor or in light liquid service, as
defined in Sec.  63.681 of this subpart, that is part of an affected
source under this subpart, an instrument reading that defines a leak is
500 ppm or greater as detected by Method 21 of 40 CFR part 60, appendix
A.
    (ii) For each pump in light liquid service, as defined in Sec.
63.681 of this subpart, that is part of an affected source under this
subpart, an instrument reading that defines a leak is 1,000 ppm or
greater as detected by Method 21 of 40 CFR part 60, appendix A. Repair
is not required unless an instrument reading of 2,000 ppm or greater is
detected.
    (iii) On or after [DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER], for the purpose of complying with the requirements
of 40 CFR 63.167(a)(2), the open end is sealed when instrument
monitoring of the open-ended valve or line conducted according to
Method 21 of 40 CFR part 60, appendix A indicates no readings of 500
ppm or greater.
    (iv) On or after [DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER], for the purpose of complying with the requirements
of 40 CFR 63.167(d), open-ended valves or lines in an emergency
shutdown system which are designed to open automatically in the event
of a process upset and that are exempt from the requirements in 40 CFR
63.167(a), (b), and (c) must comply with the requirements in Sec.
63.693(c)(2) of this subpart.
    (v) For the purposes of this subpart, the pressure relief device
requirements of Sec.  63.691(c) of this subpart rather than those of 40
CFR 63.165 shall apply.
    (c) Requirements for pressure relief devices. Except as provided in
paragraph (c)(4) of this section, the owner or operator must comply
with the requirements specified in paragraphs (c)(1) through (3) of
this section for pressure relief devices in off-site material service.
    (1) Operating requirements. Except during a pressure release event,
operate each pressure relief device in off-site material gas or vapor
service with an instrument reading of less than 500 ppm above
background as detected by Method 21 of 40 CFR part 60, appendix A.
    (2) Pressure release requirements. For pressure relief devices in
off-site material gas or vapor service, the owner or operator must
comply with either paragraph (c)(2)(i) or (ii) of this section
following a pressure release, as applicable.
    (i) If the pressure relief device does not consist of or include a
rupture disk, the pressure relief device shall be returned to a
condition indicated by an instrument reading of less than 500 ppm above
background, as detected by Method 21 of 40 CFR part 60, appendix A, no
later than 5 calendar days after the pressure release device returns to
off-site material service following a pressure release, except as
provided in 40 CFR 63.171.
    (ii) If the pressure relief device consists of or includes a
rupture disk, except as provided in 40 CFR 63.171, install a
replacement disk as soon as practicable but no later than 5 calendar
days after the pressure release.
    (3) Pressure release management. Except as provided in paragraph
(c)(4) of this section, emissions of HAP listed in Table 1 of this
subpart may not be discharged directly to the atmosphere from pressure
relief devices in off-site material service, and according to the date
an affected source commenced construction or reconstruction and the
date an affected source receives off-site material for the first time,
as established in Sec.  63.680(e)(1)(i) through (iii) of this subpart,
the owner or operator must comply with the requirements specified in
paragraphs (c)(3)(i) and (ii) of this section for all pressure relief
devices in off-site material service.
    (i) The owner or operator must equip each pressure relief device in
off-site material service with a device(s) or use a monitoring system.
The device or monitoring system may be either specific to the pressure
release device itself or may be associated with the process system or
piping, sufficient to indicate a pressure release to the atmosphere.
Examples of these types of devices or monitoring systems include, but
are not limited to, a rupture disk indicator, magnetic sensor, motion
detector on the pressure relief valve stem. The devices or monitoring
systems must be capable of meeting the requirements specified in
paragraphs (c)(3)(i)(A) through (C) of this section.
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) Notifying operators immediately that a pressure release is
occurring.
    (ii) If any pressure relief device in off-site material service
releases directly to the atmosphere as a result of a pressure release
event, the owner or operator must calculate the quantity of HAP listed
in Table 1 of this subpart released during each pressure release event
and report this quantity as required in Sec.  63.697(b)(5).
Calculations may be based on data from the pressure relief device
monitoring alone or in combination with process parameter monitoring
data and process knowledge.
    (4) Pressure relief devices routed to a drain system, process or
control device. If a pressure relief device in off-site material
service is designed and operated to route all pressure releases through
a closed vent system to a drain system, process or control device,
paragraphs (c)(1), (2), and (3) of this section do not apply. The
closed vent system and the process or control device (if applicable)
must meet the requirements of Sec.  63.693 of this subpart. The drain
system (if applicable) must meet the requirements of Sec.  63.689 of
this subpart.
0
12. Section 63.693 is amended by:
0
a. Revising paragraphs (b)(3) and (8), (c)(1)(ii), and (c)(2)
introductory text;
0
b. Adding paragraph (c)(2)(iii); and
0
c. Revising paragraphs (f)(1)(i)(B) and (ii)(B) and (g)(1)(v) to read
as follows:

Sec.  63.693  Standards: Closed-vent systems and control devices.

* * * * *
    (b) * * *
    (3) Whenever gases or vapors containing HAP are routed from a tank
through a closed-vent system connected to a control device used to
comply with the requirements of Sec.  63.685(b)(1), (2), or (3) of this
subpart, the control device must be operating except as provided for in
paragraphs (b)(3)(i) and (ii) of this section.
    (i) The control device may only be bypassed for the purpose of
performing planned routine maintenance of the closed-vent system or
control device in situations when the routine maintenance cannot be
performed during periods that tank emissions are vented to the control
device.
    (ii) On an annual basis, the total time that the closed-vent system
or control device is bypassed to perform routine maintenance shall not
exceed 240 hours per each calendar year.
* * * * *

    (8) In the case when an owner or operator chooses to use a design
analysis to demonstrate compliance of a control device with the
applicable performance requirements specified in this section as
provided for in paragraphs (d) through (g) of this section, the
Administrator may require that the design analysis be revised or
amended by the owner or operator to correct any deficiencies identified
by the Administrator. If the owner or operator and the Administrator do
not agree on the acceptability of using the design analysis (including
any changes required by the Administrator) to demonstrate that the
control device achieves the applicable performance requirements, then
the disagreement must be resolved using the results of a performance
test conducted by the owner or operator in accordance with the
requirements of Sec.  63.694(l) of this subpart. The Administrator may
choose to have an authorized representative observe the performance
test conducted by the owner or operator. Should the results of this
performance test not agree with the determination of control device
performance based on the design analysis, then the results of the
performance test will be used to establish compliance with this
subpart.
* * * * *
    (c) * * *
    (1) * * *
    (ii) A closed-vent system that is designed to operate at a pressure
below atmospheric pressure. The system shall be equipped with at least
one pressure gauge or other pressure measurement device that can be
read from a readily accessible location to verify that negative
pressure is being maintained in the closed-vent system when the control
device is operating.
    (2) In situations when the closed-vent system includes bypass
devices that could be used to divert a vent stream from the closed-vent
system to the atmosphere at a point upstream of the control device
inlet, each bypass device must be equipped with either a flow indicator
as specified in paragraph (c)(2)(i) of this section or a seal or
locking device as specified in paragraph (c)(2)(ii) of this section,
except as provided for in paragraph (c)(2)(iii) of this section:
* * * * *
    (iii) Equipment needed for safety reasons, including low leg
drains, open-ended valves and lines not in emergency shutdown systems,
and pressure relief devices subject to the requirements of Sec.
63.691(c) of this subpart are not subject to the requirements of
paragraphs (c)(2)(i) and (ii) of this section.
* * * * *
    (f) * * *
    (1) * * *
    (i) * * *
    (B) To achieve a total incinerator outlet concentration for the
TOC, less methane and ethane, of less than or equal to 20 ppmv on a dry
basis corrected to 3 percent oxygen.
    (ii) * * *
    (B) To achieve a total incinerator outlet concentration for the
HAP, listed in Table 1 of this subpart, of less than or equal to 20
ppmv on a dry basis corrected to 3 percent oxygen.
* * * * *
    (g) * * *
    (1) * * *
    (v) Introduce the vent stream to a boiler or process heater for
which the owner or operator either has been issued a final permit under
40 CFR part 270 and complies with the requirements of 40 CFR part 266,
subpart H; or has certified compliance with the interim status
requirements of 40 CFR part 266, subpart H; or has submitted a
Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(d) and
complies with the requirements of 40 CFR part 63, subpart EEE at all
times (including times when non-hazardous waste is being burned).
* * * * *
0
13. Section 63.694 is amended by revising paragraphs (b)(3)(iv),
(f)(1), (i)(1), (j)(3), (k)(3), (l) introductory text, (l)(3)
introductory text, (l)(3)(i), (l)(3)(ii)(B), (l)(4) introductory text,
(l)(4)(i), (l)(4)(ii)(A) and (B), (l)(4)(iii)(A), and (m)(2) and (3) to
read as follows:

Sec.  63.694  Testing methods and procedures.

* * * * *
    (b) * * *
    (3) * * *
    (iv) In the event that the Administrator and the owner or operator
disagree on a determination of the average VOHAP concentration for an
off-site material stream using knowledge, then the results from a
determination of VOHAP concentration using direct measurement as
specified in paragraph (b)(2) of this section shall be used to
establish compliance with the applicable requirements of this subpart.
The Administrator may perform or require that the owner or operator
perform this determination using direct measurement.
    (f) * * *
    (1) The actual HAP mass removal rate (MR) shall be determined based
on results for a minimum of three consecutive runs. The sampling time
for each run shall be at least 1 hour.
* * * * *
    (i) * * *
    (1) The actual HAP mass removal rate (MRbio) shall be
determined based on results for a minimum of three consecutive runs.
The sampling time for each run shall be at least 1 hour.
* * * * *
    (j) * * *
    (3) Use of knowledge to determine the maximum HAP vapor pressure of
the off-site material. Documentation shall be prepared and recorded
that presents the information used as the basis for the owner's or
operator's knowledge that the maximum HAP vapor pressure of the off-
site material is less than the maximum vapor pressure limit listed in
Table 3, Table 4, or Table 5 of this subpart for the applicable tank
design capacity category. Examples of information that may be used
include: the off-site material is generated by a process for which at
other locations it previously has been determined by direct measurement
that the off-site material maximum HAP vapor pressure is less than the
maximum vapor pressure limit for the appropriate tank design capacity
category. In the event that the Administrator and the owner or operator
disagree on a determination of the maximum HAP vapor pressure for an
off-site material stream using knowledge, then the results from a
determination of HAP vapor pressure using direct measurement as
specified in paragraph (j)(2) of this section shall be used to
establish compliance with the applicable requirements of this subpart.
The Administrator may perform or require that the owner or operator
perform this determination using direct measurement.
    (k) * * *
    (3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 8.1.1 of Method 21 shall be for the weighted
average composition of the organic constituents in the material placed
in the unit at the time of monitoring, not for each individual organic
constituent.
* * * * *
    (l) Control device performance test procedures. Performance tests
shall be conducted under such conditions as the Administrator specifies
to the owner or operator based on representative performance of the
affected source for the period being tested. Representative conditions
exclude periods of startup and shutdown. The owner or operator may not
conduct performance tests

during periods of malfunction. The owner or operator 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, the
owner or operator shall make available to the Administrator such
records as may be necessary to determine the conditions of performance
tests.
* * * * *
    (3) To determine compliance with the control device percent
reduction requirement, the owner or operator shall use Method 18 of 40
CFR part 60, appendix A to measure the HAP in Table 1 of this subpart
or Method 25A of 40 CFR part 60, appendix A to measure TOC. Method 18
may be used to measure methane and ethane, and the measured
concentration may be subtracted from the Method 25A measurement.
Alternatively, any other method or data that has been validated
according to the applicable procedures in Method 301 in 40 CFR part 63,
appendix A may be used. The following procedures shall be used to
calculate percent reduction efficiency:
    (i) A minimum of three sample runs must be performed. The minimum
sampling time for each run shall be 1 hour. For Method 18, either an
integrated sample or a minimum of four grab samples shall be taken. If
grab sampling is used, then the samples shall be taken at approximately
equal intervals in time such as 15 minute intervals during the run.
    (ii) * * *
    (B) When the TOC mass rate is calculated, the average concentration
reading (minus methane and ethane) measured by Method 25A of 40 CFR
part 60, appendix A shall be used in the equation in paragraph
(l)(3)(ii)(A) of this section.
* * * * *
    (4) To determine compliance with the enclosed combustion device
total HAP concentration limit of this subpart, the owner or operator
shall use Method 18 of 40 CFR part 60, appendix A to measure the total
HAP in Table 1 of this subpart of Method 25A of 40 CFR part 60,
appendix A to measure TOC. Method 18 may be used to measure methane and
ethane and the measured concentration may be subtracted from the Method
25A measurement. Alternatively, any other method or data that has been
validated according to Method 301 in appendix A of this part, may be
used. The following procedures shall be used to calculate parts per
million by volume concentration, corrected to 3 percent oxygen:
    (i) A minimum of three sample runs must be performed. The minimum
sampling time for each run shall be 1 hour. For Method 18, either an
integrated sample or a minimum of four grab samples shall be taken. If
grab sampling is used, then the samples shall be taken at approximately
equal intervals in time, such as 15 minute intervals during the run.
    (ii) * * *
    (A) The TOC concentration (CTOC) is the average
concentration readings provided by Method 25 A of 40 CFR part 60,
appendix A, minus the concentration of methane and ethane.
    (B) The total HAP concentration (CHAP) shall be computed
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TP02JY14.002

Where:

CHAP = Total concentration of HAP compounds listed in
Table 1 of this subpart, dry basis, parts per million by volume.
Cij = Concentration of sample components j of sample i,
dry basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

    (iii) * * *
    (A) The emission rate correction factor or excess air, integrated
sampling and analysis procedures of Method 3B of 40 CFR part 60,
appendix A shall be used to determine the oxygen concentration
(%O2dry). Alternatively, the owner or operator may use
Method 3A of 40 CFR part 60, appendix A to determine the oxygen
concentration. The samples shall be collected during the same time that
the samples are collected for determining TOC concentration or total
HAP concentration.
* * * * *
    (m) * * *
    (2) No traverse site selection method is needed for vents smaller
than 0.10 meter in diameter. For vents smaller than 0.10 meter in
diameter, sample at the center of the vent.
    (3) Process vent stream gas volumetric flow rate must be determined
using Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix A, as
appropriate.
* * * * *
0
14. Section 63.695 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Adding paragraph (a)(5);
0
c. Revising paragraphs (e)(4) and (5); and
0
d. Removing paragraphs (e)(6) and (7) to read as follows:

Sec.  63.695  Inspection and monitoring requirements.

    (a) The owner or operator must install, calibrate, maintain, and
operate all monitoring system components according to Sec. Sec.  63.8
of this part, 63.684(e), 63.693(d)(3), (e)(3), (f)(3), (g)(3), and
(h)(3) of this subpart, and paragraph (a)(5) of this section and
perform the inspection and monitoring procedures specified in
paragraphs (a)(1) through (4) of this section.
* * * * *
    (5)(i) Except for periods of monitoring system malfunctions,
repairs associated with monitoring system malfunctions and required
monitoring system quality assurance or quality control activities
(including, as applicable, calibration checks and required zero and
span adjustments), the owner or operator must operate the continuous
monitoring system at all times the affected source is operating. A
monitoring system malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring system to provide data.
Monitoring system failures that are caused in part by poor maintenance
or careless operation are not malfunctions. The owner or operator is
required to complete monitoring system repairs in response to
monitoring system malfunctions and to return them monitoring system to
operation as expeditiously as practicable.
    (ii) The owner or operator may not use data recorded during
monitoring system malfunctions, repairs associated with monitoring
system malfunctions, or required monitoring system quality assurance or
control activities in calculations used to report emissions or
operating levels. The owner or operator must use all the data collected
during all other required data collection periods in assessing the
operation of the control device and associated control system. The
owner or operator must report any periods for which the monitoring
system failed to collect required data.
* * * * *
    (e) * * *
    (4) A deviation for a given control device is determined to have
occurred when the monitoring data or lack of monitoring data result in
any one of the criteria specified in paragraphs (e)(4)(i) through (iii)
of this section being met. When multiple operating parameters are
monitored for the same control device and during the same operating day
more than one of these operating parameters meets a deviation criterion
specified in paragraphs (e)(4)(i) through (iii) of this

section, then a single deviation is determined to have occurred for the
control device for that operating day.
    (i) A deviation occurs when the daily average value of a monitored
operating parameter is less than the minimum operating parameter limit
(or, if applicable, greater than the maximum operating parameter limit)
established for the operating parameter in accordance with the
requirements of paragraph (e)(3) of this section.
    (ii) A deviation occurs when the period of control device operation
is 4 hours or greater in an operating day and the monitoring data are
insufficient to constitute a valid hour of data for at least 75 percent
of the operating hours. Monitoring data are insufficient to constitute
a valid hour of data if measured values are unavailable for any of the
15-minute periods within the hour.
    (iii) A deviation occurs when the period of control device
operation is less than 4 hours in an operating day and more than 1 of
the hours during the period does not constitute a valid hour of data
due to insufficient monitoring data. Monitoring data are insufficient
to constitute a valid hour of data if measured values are unavailable
for any of the 15-minute periods within the hour.
    (5) For each deviation, except when the deviation occurs during
periods of non-operation of the unit or the process that is vented to
the control device (resulting in cessation of HAP emissions to which
the monitoring applies), the owner or operator shall be deemed to have
failed to have applied control in a manner that achieves the required
operating parameter limits. Failure to achieve the required operating
parameter limits is a violation of this standard.
* * * * *
0
15. Section 63.696 is amended by revising paragraph (h) and adding
paragraphs (i) and (j) to read as follows:

Sec.  63.696  Recordkeeping requirements.

* * * * *
    (h) An owner or operator shall record the malfunction information
specified in paragraphs (h)(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 the 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
volume 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.  63.683(e) of this subpart and any corrective actions taken to
return the affected unit to its normal or usual manner of operation.
    (i) For pressure relief devices in off-site material service, keep
records of the information specified in paragraphs (i)(1) through (5)
of this section, as applicable.
    (1) A list of identification numbers for pressure relief devices
that the owner or operator elects to route emissions through a closed-
vent system to a control device, process or drain system under the
provisions in Sec.  63.691(c)(4) of this subpart.
    (2) A list of identification numbers for pressure relief devices
that do not consist of or include a rupture disk, subject to the
provisions in Sec.  63.691(c)(2)(i) of this subpart.
    (3) A list of identification numbers for pressure relief devices
equipped with rupture disks, subject to the provisions in Sec.
63.691(c)(2)(ii) of this subpart.
    (4) The dates and results of the Method 21 of 40 CFR part 60,
appendix A, monitoring following a pressure release for each pressure
relief device subject to the provisions in Sec.  63.691(c)(2)(i) of
this subpart. The results of each monitoring event shall include:
    (i) The measured background level.
    (ii) The maximum instrument reading measured at each pressure
relief device.
    (5) For pressure relief devices in off-site material service
subject to Sec.  63.691(c)(3) of this subpart, keep records of each
pressure release to the atmosphere, including the following
information:
    (i) The source, nature, and cause of the pressure release.
    (ii) The date, time, and duration of the pressure release.
    (iii) An estimate of the quantity of HAP listed in Table 1 of this
subpart emitted during the pressure release and the calculations used
for determining this quantity.
    (iv) The actions taken to prevent this pressure release.
    (v) The measures adopted to prevent future such pressure releases.
    (j)(1) For pressure tank closure devices, as specified in Sec.
63.685(h)(2) of this subpart, keep records of each release to the
atmosphere, including the information specified in paragraphs (j)(3)
through (7) of this section.
    (2) For each closed vent system that includes bypass devices that
could divert a stream away from the control device and into the
atmosphere, as specified in Sec.  63.693(c)(2) of this subpart, and
each open-ended valve or line in an emergency shutdown system which is
designed to open automatically in the event of a process upset, as
specified in 40 CFR 63.167(d) or 40 CFR 61.242-6(d), keep records of
each release to the atmosphere, including the information specified in
paragraphs (j)(3) through (9) of this section.
    (3) The source, nature, and cause of the release.
    (4) The date, time, and duration of the release.
    (5) An estimate of the quantity of HAP listed in Table 1 of this
subpart emitted during the release and the calculations used for
determining this quantity.
    (6) The actions taken to prevent this release.
    (7) The measures adopted to prevent future such release.
    (8) Hourly records of whether the bypass flow indicator specified
under Sec.  63.693(c)(2) of this subpart was operating and whether a
diversion was detected at any time during the hour, as well as records
of the times of all periods when the vent stream is diverted from the
control device or the flow indicator is not operating.
    (9) Where a seal mechanism is used to comply with Sec.
63.693(c)(2) of this subpart, hourly records of flow are not required.
In such cases, the owner or operator shall record that the monthly
visual inspection of the seals or closure mechanism has been done, and
shall record the duration of all periods when the seal mechanism is
broken, the bypass line valve position has changed, or the key for a
lock-and-key type lock has been checked out, and records of any car-
seal that has broken.
0
16. Section 63.697 is amended by:
0
a. Revising paragraph (a) introductory text, adding paragraphs
(a)(1)(i) and (ii) and (a)(3);
0
b. Revising paragraph (b)(3) and (4); and
0
c. Adding paragraphs (b)(5) and (6) to read as follows:

Sec.  63.697  Reporting requirements.

    (a) Each owner or operator of an affected source subject to this
subpart must comply with the notification requirements specified in
paragraph (a)(1) of this section and the reporting requirements
specified in paragraphs (a)(2) and (3) of this section.
    (1) * * *
    (i) For pressure relief devices in off-site material service
subject to the requirements of Sec.  63.691(c) of this subpart, the
owner or operator must submit the information listed in paragraph
(a)(1)(ii) of this section in the notification of compliance status

required under Sec.  63.9(h) of this part within 150 days after the
first applicable compliance date for pressure relief device monitoring.
    (ii) For pressure relief devices in off-site material service, a
description of the device or monitoring system to be implemented,
including the pressure relief devices and process parameters to be
monitored (if applicable), a description of the alarms or other methods
by which operators will be notified of a pressure release, and a
description of how the owner or operator will determine the information
to be recorded under Sec.  63.696(i)(5)(ii) through (iii) of this
subpart (i.e., the duration of the pressure release and the methodology
and calculations for determining the quantity of HAP listed in Table 1
of this subpart emitted during the pressure release).
* * * * *
    (3) Electronic reporting. Within 60 days after the date of
completing each performance test (as defined in Sec.  63.2 of this
part) required by this subpart, the owner or operator must submit the
results of the performance test according to the manner specified by
either paragraph (a)(3)(i) or (ii) of this section.
    (i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(http://www.epa.gov/ttn/chief/ert/index.html), the owner or operator
must submit the results of the performance test to the EPA via the
Compliance and Emissions Data Reporting Interface (CEDRI) accessed
through the EPA's Central Data Exchange (CDX) (http://cdx.epa.gov/epa_home.asp). Performance test data must be submitted in a file format
generated through the use of the EPA's ERT. Owners or operators who
claim that some of the performance test information being submitted is
confidential business information (CBI) must submit a complete file
generated through the use of the EPA's ERT, including information
claimed to be CBI, on a compact disc, flash drive, or other commonly
used electronic storage media to the EPA. The electronic media must be
clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office,
Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT file with the CBI omitted must be
submitted to the EPA via the EPA's CDX as described earlier in this
paragraph (a)(3)(i).
    (ii) For data collected using test methods that are not supported
by the EPA's ERT as listed on the EPA's ERT Web site, the owner or
operator must submit the results of the performance test to the
Administrator at the appropriate address listed in 40 CFR 60.4.
    (b) * * *
    (3) Reports of malfunctions. If a source fails to meet an
applicable standard, report such events in the Periodic Report. Report
the number of failures to meet an applicable standard. For each
instance, report the date, time and duration of each failure. For each
failure the report must include a list of the affected sources or
equipment, an estimate of the volume of each regulated pollutant
emitted over any emission limit, and a description of the method used
to estimate the emissions.
    (4) A summary report specified in Sec.  63.10(e)(3) of this part
shall be submitted on a semiannual basis (i.e., once every 6-month
period). The summary report must include a description of all
deviations as defined in Sec.  63.695(e) of this subpart that have
occurred during the 6-month reporting period. For each deviation caused
when the daily average value of a monitored operating parameter is less
than the minimum operating parameter limit (or, if applicable, greater
than the maximum operating parameter limit), the report must include
the daily average values of the monitored parameter, the applicable
operating parameter limit, and the date and duration of the period that
the deviation occurred. For each deviation caused by lack of monitoring
data, the report must include the date and duration of period when the
monitoring data were not collected and the reason why the data were not
collected.
    (5) For pressure relief devices in off-site material service
subject to Sec.  63.691(c) of this subpart, Periodic Reports must
include the information specified in paragraphs (b)(5)(i) through (iii)
of this section.
    (i) For pressure relief devices in off-site material service
subject to Sec.  63.691(c) of this subpart, report the results of all
monitoring conducted within the reporting period.
    (ii) For pressure relief devices in off-site material service
subject to Sec.  63.691(c)(2)(i) of this subpart, report any instrument
reading of 500 ppm above background or greater, if detected more than 5
days after the pressure release.
    (iii) For pressure relief devices in off-site material service
subject to Sec.  63.691(c)(3) of this subpart, report each pressure
release to the atmosphere, including the following information:
    (A) The source, nature, and cause of the pressure release.
    (B) The date, time, and duration of the pressure release.
    (C) An estimate of the quantity of HAP listed in Table 1 of this
subpart emitted during the pressure release and the method used for
determining this quantity.
    (D) The actions taken to prevent this pressure release.
    (E) The measures adopted to prevent future such pressure releases.
    (6) Pressure tank closure device or bypass deviation report. The
owner or operator must submit to the Administrator the information
specified in paragraph (b)(6)(iv) of this section when any of the
conditions in paragraphs (b)(6)(i) through (iii) of this section are
met.
    (i) Any pressure tank closure device, as specified in Sec.
63.685(h)(2) of this subpart, has released to the atmosphere.
    (ii) Any closed vent system that includes bypass devices that could
divert a vent a stream away from the control device and into the
atmosphere, as specified in Sec.  63.693(c)(2) of this subpart, has
released directly to the atmosphere.
    (iii) Any open-ended valve or line in an emergency shutdown system
which is designed to open automatically in the event of a process
upset, as specified in 40 CFR 63.167(d) or 40 CFR 61.242-6(d), has
released directly to the atmosphere.
    (iv) The pressure tank closure device or bypass deviation report
must include the information specified in paragraphs (b)(6)(iv)(A)
through (E) of this section.
    (A) The source, nature and cause of the release.
    (B) The date, time and duration of the discharge.
    (C) An estimate of the quantity of HAP listed in Table 1 of this
subpart emitted during the release and the method used for determining
this quantity.
    (D) The actions taken to prevent this release.
    (E) The measures adopted to prevent future such releases.
* * * * *
0
17. Section 63.698 is amended by revising paragraph (c) introductory
text and adding paragraph (c)(5) to read as follows:

Sec.  63.698  Implementation and enforcement.

* * * * *
    (c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (5) of
this section.
* * * * *
    (5) Approval of alternatives to the electronic reporting
requirements in Sec.  63.697(a)(3).
0
18. Table 2 to subpart DD of part 63 is amended by:

0
a. Removing entries 63.1(a)(13) and 63.1(a)(14);
0
b. Revising entries 63.1(b)(2), 63.1(c)(3), and 63.1(c)(4);
0
c. Removing entry 63.4(a)(1) through 63.4(a)(3) and adding entries
63.4(a)(1)-63.4(a)(2) and 63.4(a)(3);
0
d. Revising entries 63.4(a)(5) and 63.5(a)(1);
0
e. Revising entries 63.5(b)(5), 63.6(b)(3), 63.6(b)(4);
0
f. Removing entry 63.6(e) and adding entries 63.6(e)(1)(i) through
63.6(e)(1)(iii), 63.6(e)(2), and 63.6(e)(3);
0
g. Revising entry 63.6(f)(1);
0
h. Adding entry 63.7(a)(4);
0
i. Revising entries 63.7(e)(1) and 63.7(f);
0
j. Revising entry 63.8(c)(1)(iii);
0
k. Revising entry 63.9(g);
0
l. Revising entries 63.10(b)(2)(i) through (v);
0
m. Removing entry 63.10(c) and adding entries 63.10(c)(1)-(6),
63.10(c)(7)-(8), and 63.10(c)(9)-(15);
0
n. Removing entries 63.10(d)(5)(i) and 63.10(d)(5)(ii), and adding
entry 63.10(d)(5);
0
o. Removing entry 63.10(e) and adding entries 63.10(e)(1)-63.10(e)(2),
63.10(e)(3), and 63.10(e)(4); and
0
p. Adding entry 63.16 to read as follows:

 Table 2 to Subpart DD of Part 63--Applicability of Paragraphs in Subpart A of This Part 63--General Provisions
                                                  to Subpart DD
----------------------------------------------------------------------------------------------------------------
              Subpart A reference                   Applies to Subpart DD                 Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
63.1(b)(2)....................................  No...........................  Reserved.

                                                  * * * * * * *
63.1(c)(3)....................................  No...........................  Reserved.
63.1(c)(4)....................................  No...........................  Reserved.

                                                  * * * * * * *
63.4(a)(1)-63.4(a)(2).........................  Yes..........................
63.4(a)(3)....................................  No...........................  Reserved.

                                                  * * * * * * *
63.4(a)(5)....................................  No...........................  Reserved.

                                                  * * * * * * *
63.5(a)(1)....................................  Yes..........................

                                                  * * * * * * *
63.5(b)(5)....................................  No...........................  Reserved.

                                                  * * * * * * *
63.6(b)(3)....................................  No...........................
63.6(b)(4)....................................  No...........................

                                                  * * * * * * *
63.6(e)(1)(i).................................  No...........................  See Sec.   63.683(e) of this
                                                                                subpart for general duty
                                                                                requirement.
63.6(e)(1)(ii)................................  No...........................  .................................
63.6(e)(1)(iii)...............................  Yes..........................  .................................
63.6(e)(2)....................................  No...........................  Reserved.
63.6(e)(3)....................................  No...........................
63.6(f)(1)....................................  No...........................

                                                  * * * * * * *
63.7(a)(4)....................................  Yes..........................

                                                  * * * * * * *
63.7(e)(1)....................................  No...........................  See Sec.   63.694(l) of this
                                                                                subpart.

                                                  * * * * * * *
63.7(f).......................................  Yes..........................

                                                  * * * * * * *
63.8(c)(1)(iii)...............................  No...........................

                                                  * * * * * * *
63.9(g).......................................  Yes..........................

                                                  * * * * * * *
63.10(b)(2)(i)................................  No...........................
63.10(b)(2)(ii)...............................  No...........................  See Sec.   63.696(h) of this
                                                                                subpart for recordkeeping of (1)
                                                                                date, time and duration; (2)
                                                                                listing of affected source or
                                                                                equipment, and an estimate of
                                                                                the volume of each regulated
                                                                                pollutant emitted over the
                                                                                standard; and (3) actions to
                                                                                minimize emissions and correct
                                                                                the failure.
63.10(b)(2)(iii)..............................  Yes..........................
63.10(b)(2)(iv)...............................  No...........................
63.10(b)(2)(v)................................  No...........................

                                                  * * * * * * *
63.10(c)(1)-(6)...............................  No...........................
63.10(c)(7)-(8)...............................  Yes..........................
63.10(9)-(15).................................  No...........................

                                                  * * * * * * *
63.10(d)(5)...................................  No...........................  See Sec.   63.697(b)(3) of this
                                                                                subpart for reporting of
                                                                                malfunctions.
63.10(e)(1)-63.10(e)(2).......................  No...........................
63.10(e)(3)...................................  Yes..........................
63.10(e)(4)...................................  No...........................

                                                  * * * * * * *
63.16.........................................  No...........................
----------------------------------------------------------------------------------------------------------------

* * * * *
0
19. Table 3 to subpart DD of part 63 is revised to read as follows:

   Table 3 to Subpart DD of Part 63--Tank Control Levels for Tanks at
     Existing Affected Sources as Required by 40 CFR 63.685(b)(1)(i)
------------------------------------------------------------------------
                                Maximum HAP vapor
                                 pressure of off-
  Tank design capacity (cubic     site material      Tank control level
            meters)              managed in tank
                                  (kilopascals)
------------------------------------------------------------------------
Design capacity less than 75    Maximum HAP vapor  Level 1.
 m\3\.                           pressure less
                                 than 76.6 kPa.
Design capacity less than 75    Maximum HAP vapor  Level 2, except that
 m\3\.                           pressure equal     fixed roof tanks
                                 to or greater      equipped with an
                                 than 76.6 kPa.     internal floating
                                                    roof and tanks
                                                    equipped with an
                                                    external floating
                                                    roof as provided for
                                                    in Sec.
                                                    63.685(d)(1) and (2)
                                                    of this subpart
                                                    shall not be used.
Design capacity equal to or     Maximum HAP vapor  Level 1.
 greater than 75 m\3\ and less   pressure less
 than 151 m\3\.                  than 27.6 kPa.
                                Maximum HAP vapor  Level 2.
                                 pressure equal
                                 to or greater
                                 than 27.6 kPa.
Design capacity equal to or     Maximum HAP vapor  Level 1.
 greater than 151 m\3\.          pressure less
                                 than 5.2 kPa.
                                Maximum HAP vapor  Level 2.
                                 pressure equal
                                 to or greater
                                 than 5.2 kPa.
------------------------------------------------------------------------

0
20. Table 4 to subpart DD of part 63 is revised to read as follows:

   Table 4 to Subpart DD of Part 63--Tank Control Levels for Tanks at
    Existing Affected Sources as Required by 40 CFR 63.685(b)(1)(ii)
------------------------------------------------------------------------
                                Maximum HAP vapor
                                 pressure of off-
  Tank design capacity (cubic     site material      Tank control level
            meters)              managed in tank
                                  (kilopascals)
------------------------------------------------------------------------
Design capacity less than 75    Maximum HAP vapor  Level 1.
 m\3\.                           pressure less
                                 than 76.6 kPa.
Design capacity less than 75    Maximum HAP vapor  Level 2, except that
 m\3\.                           pressure equal     fixed roof tanks
                                 to or greater      equipped with an
                                 than 76.6 kPa.     internal floating
                                                    roof and tanks
                                                    equipped with an
                                                    external floating
                                                    roof as provided for
                                                    in Sec.
                                                    63.685(d)(1) and (2)
                                                    of this subpart
                                                    shall not be used.
Design capacity equal to or     Maximum HAP vapor  Level 1.
 greater than 75 m\3\ and less   pressure less
 than 151 m\3\.                  than 13.1 kPa.
                                Maximum HAP vapor  Level 2.
                                 pressure equal
                                 to or greater
                                 than 13.1 kPa.
Design capacity equal to or     Maximum HAP vapor  Level 1.
 greater than 151 m\3\.          pressure less
                                 than 5.2 kPa.
                                Maximum HAP vapor  Level 2.
                                 pressure equal
                                 to or greater
                                 than 5.2 kPa.
------------------------------------------------------------------------

0
21. Table 5 is added to subpart DD of part 63 to read as follows:

 Table 5 to Subpart DD of Part 63--Tank Control Levels for Tanks at New
           Affected Sources as Required by 40 CFR 63.685(b)(2)
------------------------------------------------------------------------
                                Maximum HAP vapor
                                 pressure of off-
  Tank design capacity (cubic     site material      Tank control level
            meters)              managed in tank
                                  (kilopascals)
------------------------------------------------------------------------
Design capacity less than 38    Maximum HAP vapor  Level 1.
 m\3\.                           pressure less
                                 than 76.6 kPa.
Design capacity less than 38    Maximum HAP vapor  Level 2, except that
 m\3\.                           pressure equal     fixed roof tanks
                                 to or greater      equipped with an
                                 than 76.6 kPa.     internal floating
                                                    roof and tanks
                                                    equipped with an
                                                    external floating
                                                    roof as provided for
                                                    in Sec.
                                                    63.685(d)(1) and (2)
                                                    of this subpart
                                                    shall not be used.
Design capacity equal to or     Maximum HAP vapor  Level 1.
 greater than 38 m\3\ and less   pressure less
 than 151 m\3\.                  than 13.1 kPa.
                                Maximum HAP vapor  Level 2.
                                 pressure equal
                                 to or greater
                                 than 13.1 kPa.
Design capacity equal to or     Maximum HAP vapor  Level 1.
 greater than 151 m\3\.          pressure less
                                 than 0.7 kPa.
                                Maximum HAP vapor  Level 2.
                                 pressure equal
                                 to or greater
                                 than 0.7 kPa.
------------------------------------------------------------------------

[FR Doc. 2014-13490 Filed 7-1-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Notices]
[Pages 52273-52274]
[FR Doc No: 2015-21379]

-----------------------------------------------------------------------

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EIS No. 20150241, Final, NPS, FL, Everglades National Park General
Management Plan/East Everglades Wilderness Study, review period ends:
09/28/2015, Contact: Fred Herling<PHONE_NUMBER>.

EIS No. 20150242, Final, USFS, NM, Southwest Jemez Mountains Landscape
Restoration Project, review period ends: 10/05/2015, Contact: Chris
Napp<PHONE_NUMBER>.

EIS No. 20150243, Draft, USACE, NC, Holden Beach Shoreline Protection
Project, comment period ends: 10/13/2015, Contact: Emily Hughes 910-
251-4635.

EIS No. 20150244, Final, USFS, CA, King Fire Restoration, Contact: Katy
Parr<PHONE_NUMBER>. The issuance of this Final EIS reflects the
President's Council on Environmental Quality (CEQ) alternative
arrangements granted in accordance with 40 CFR 1506.11. CEQ
specifically eliminated the 30-day waiting period between the
publication of the FEIS and the Record of Decision.

Amended Notices

EIS No. 20150176, Draft, DOE, ID, Recapitalization of Infrastructure
Supporting Naval Spent Nuclear Fuel Handling (DOE/EIS-0453-D), comment
period ends: 08/31/2015, Contact: Erik Anderson<PHONE_NUMBER>. Revision
to FR Notice Published 06/26/2015; DOE has reopened the comment period
to end on 08/31/2015.

    Dated: August 25, 2015.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2015-21379 Filed 8-27-15; 8:45 am]
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