poor maintenance and or careless operation) and where the source took
necessary actions to minimize emissions. In addition, the source must
meet certain notification and reporting requirements. For example, the
source must prepare a written root cause analysis and submit a written
report to the Administrator documenting that it has met the conditions
and requirements for assertion of the affirmative defense.
    For two of the rules promulgated, National Emissions Standards for
Group I Polymers and Resins (Butyl Rubber Production, Epichlorohydrin
Elastomers Production, Ethylene Propylene Rubber Production,
HypalonTM Production, Neoprene Production, NBR Production,
Polybutadiene Rubber Production, Polysulfide Rubber Production, and
Styrene Butadiene Rubber and Latex Production); and Pharmaceuticals
Production, EPA is adding affirmative defense to the estimate of burden
in the ICR. To provide the public with an estimate of the relative
magnitude of the burden associated with an assertion of the affirmative
defense position adopted by a source, EPA has provided administrative
adjustments to these two ICR that show what the notification,
recordkeeping, and reporting requirements associated with the assertion
of the affirmative defense might entail. EPA's estimate for the
required notification, reports, and records, including the root cause
analysis, totals $3,141, and is based on the time and effort required
of a source to review relevant data, interview plant employees, and
document the events surrounding a malfunction that has caused an
exceedance of an emission limit. The estimate also includes time to
produce and retain the record and reports for submission to EPA. EPA
provides this illustrative estimate of this burden, because these costs
are only incurred if there has been a violation, and a source chooses
to take advantage of the affirmative defense.
    Given the variety of circumstances under which malfunctions could
occur, as well as differences among sources' operation and maintenance
practices, we cannot reliably predict the severity and frequency of
malfunction-related excess emissions events for a particular source. It
is important to note that EPA has no basis currently for estimating the
number of malfunctions that would qualify for an affirmative defense.
Current historical records would be an inappropriate basis, as source
owners or operators previously operated their facilities in recognition
that they were exempt from the requirement to comply with emissions
standards during malfunctions. Of the number of excess emission events
reported by source operators, only a small number would be expected to
result from a malfunction (based on the definition above), and only a
subset of excess emissions caused by malfunctions would result in the
source choosing to assert the affirmative defense. Thus, we believe the
number of instances in which source operators might be expected to
avail themselves of the affirmative defense will be extremely small.
For this reason, we estimate no more than 2 or 3 such occurrences for
all sources subject to 40 CFR part 63, subparts U and GGG over the 3-
year period covered by this ICR. We expect to gather information on
such events in the future, and will revise this estimate as better
information becomes available.
    With respect to MTVLO and Printing and Publishing source
categories, operations would not proceed or continue if there is a
malfunction of a control device, and, thus, it is unlikely that a
control device malfunction would cause an exceedance of any emission
limit. The existing MTVLO rule requires the vapor displaced during
loading of the vessel be sent to vapor processors that meet specified
efficiency standards. In discussions with industry, and at plant
visits, the industry reports that marine vessels are not allowed to
start loading until the vapor collection and processor system has been
thoroughly checked for proper operation. If the loading equipment, and
the vapor collection and possessor system are not properly operating,
the vessel is not allowed to load. In addition, if processor system
settings are not maintained during vessel loading, loading is
automatically stopped. Therefore, we believe there is no burden to the
industry for the affirmative defense provisions added to the final
rule. Additionally, an ICR document (number 1679.08) was prepared and
submitted for the October 21, 2010, proposed rule that included burdens
associated with testing, reporting, and recordkeeping for the proposed
lowering of the threshold for when additional vapor collection and
processor systems are required. In this action we are not requiring the
lower threshold for additional vapor collection and processor systems.
However, submerged fill requirements are added in the final rule, and
are already being met under Coast Guard rules; thus, there is no
additional ICR burden associated with the final rule for MTVLO.
    For Printing and Publishing, we do not believe that printing and
publishing

facilities have excess emissions caused by malfunctions. Printing
presses and control devices are interlocked. If the control device is
not operating, the press cannot start printing. If the control device
stops operating, the press stops printing. Also, given the
characteristics of the affected units at printing and publishing
sources, EPA does not believe that any other type of malfunction could
conceivably cause excess emissions.
    Therefore, sources within these two source categories are not
expected to have any need or use for the affirmative defense. Thus, for
these source categories, EPA is not assigning any burden associated
with affirmative defense.
    For the Group I Polymers and Resins MACT standards, an ICR document
prepared by EPA for the amendments to the standards has been assigned
EPA ICR number 2410.02, which has been revised since the proposed
estimate assigned EPA ICR number 2410.01. Burden changes associated
with these amendments result from the reporting and recordkeeping
requirements of the affirmative defense provisions added to the rule;
the reporting and recordkeeping requirements associated with the new
back-end process operation emission limits for Epichlorohydrin
Elastomers, Neoprene Rubber, NBR, and Butyl Rubber Production source
categories; and the reporting and recordkeeping requirements associated
with the new HCl emission limits for the front-end process vents for
the Ethylene Propylene Rubber and Butyl Rubber Production source
categories. The respondents' annual reporting and recordkeeping burden
for this collection (averaged over the first 3 years after the
effective date of the standards) for these amendments is estimated to
be 251 labor hours at a cost of $12,222 per year. The annual burden for
the Federal government (averaged over the first 3 years after the
effective date of the standard) for these amendments is estimated to be
9 labor hours at a cost of $408 per year.
    For the Pharmaceuticals Production MACT standards ICR document
prepared by EPA, which has been revised to include the amendments to
the standards, has been assigned EPA ICR number 1781.06. Burden changes
associated with these amendments result from the reporting and
recordkeeping requirements of the affirmative defense provisions added
to the rule. The change in respondents' annual reporting and
recordkeeping burden associated with these amendments for this
collection (averaged over the first 3 years after the effective date of
the standards) is estimated to be 20 labor hours at a cost of $2,094
per year. There is no estimated change in annual burden to the Federal
government for these amendments.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When these ICR are
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control numbers
for the approved information collection requirements contained in the
final rules.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act, or any other statute, unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impact of these final rules on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of these final rules on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
action will not impose any requirements on small entities. These final
rules will not change the level of any emission standard, or impose
emission measurements or reporting requirements on small entities
beyond those specified in existing regulations.

D. Unfunded Mandates Reform Act

    These rules do not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
Thus, these rules are not subject to the requirements of sections 202
or 205 of UMRA.
    These rules are also not subject to the regulatory requirements
that might significantly or uniquely affect small governments. They
contain no requirements that apply to such governments or impose
obligations upon them.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. These final rules primarily affect
private industry, and do not impose significant economic costs on State
or local governments. Thus, Executive Order 13132 does not apply to
this action.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have
substantial direct effect on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined
in Executive Order 12866, and because the Agency does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. This action will not relax the
control measures on existing regulated sources, and EPA's risk
assessments (included in the docket for the proposed rules) demonstrate
that the existing regulations are health protective.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a

significant adverse energy effect on the supply, distribution, or use
of energy. This action will not create any new requirements for sources
in the energy supply, distribution, or use sectors. Further, we have
concluded that these final rules are not likely to have any adverse
energy effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that these final rules will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations, because they do not
affect the level of protection provided to human health or the
environment. To examine the potential for any environmental justice
issues that might be associated with each source category, we evaluated
the distributions of HAP-related cancer and non-cancer risks across
different social, demographic, and economic groups within the
populations living near the facilities where these source categories
are located. Our analyses also show that, for all the source categories
evaluated, there is no potential for an adverse environmental effect or
human health multipathway effects, and that acute and chronic non-
cancer health impacts are unlikely. Our additional analysis of
facility-wide risks showed that the maximum facility-wide cancer risks
for all source categories are within the range of acceptable risks, and
that the maximum chronic non-cancer risks are unlikely to cause health
impacts. Our additional analysis of the demographics of the exposed
population may show disparities in risks between demographic groups for
all three categories, but EPA has determined that, although there may
be a disparity in risks between demographic groups, no group is exposed
to unacceptable level of risk.
    The rules will not relax the control measures on emissions sources
regulated by the rules, and, therefore, will not increase risks to any
populations exposed to these emissions sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that, before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing these
final rules and other required information to the United States Senate,
the United States House of Representatives, and the Comptroller General
of the United States prior to publication of the final rules in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). The final rules will be effective
on April 21, 2011.

List of Subjects for 40 CFR Part 63

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

    Dated: March 31, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends title 40, chapter I, of the Code of Federal
Regulations 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 U--[Amended]

0
2. Section 63.480 is amended by revising paragraph (j) to read as
follows:

Sec.  63.480  Applicability and designation of affected sources.

* * * * *
    (j) Applicability of this subpart. Paragraphs (j)(1) through (4) of
this section shall be followed during periods of non-operation of the
affected source or any part thereof.
    (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. However, if a period of non-operation of
one portion of an affected source does not affect the ability of a
particular emission point to comply with the emission limitations to
which it is subject, then that emission point shall still be required
to comply with the applicable emission limitations of this subpart
during the period of non-operation. For example, if there is an
overpressure in the reactor area, a storage vessel that is part of the
affected source would still be required to be controlled in accordance
with the emission limitations in Sec.  63.484.
    (2) The emission limitations set forth in subpart H of this part,
as referred to in Sec.  63.502, shall apply at all times, except during
periods of non-operation of the affected source (or specific portion
thereof) in which the lines are drained and depressurized, resulting in
cessation of the emissions to which Sec.  63.502 applies.
    (3) 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 (or, where applicable, wastewater streams or
residuals) are being routed to such items of equipment if the shutdown
would contravene requirements of this subpart applicable to such items
of equipment.
    (4) In response to an action to enforce the standards set forth in
this subpart, an owner or operator may assert an affirmative defense to
a claim for civil penalties for exceedances of such standards that are
caused by a malfunction, as defined in Sec.  63.2. Appropriate
penalties may be assessed, however, if the owner or operator fails to
meet the burden of proving all the requirements in the affirmative
defense. The affirmative defense shall not be available for claims for
injunctive relief.

    (i) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of a facility must timely meet
the notification requirements of paragraph (j)(4)(ii) of this section,
and must prove by a preponderance of evidence that:
    (A) The excess emissions were caused by a sudden, infrequent, and
unavoidable failure of air pollution control and monitoring equipment,
or a process to operate in a normal and usual manner; and could not
have been prevented through careful planning, proper design, or better
operation and maintenance practices; did not stem from any activity or
event that could have been foreseen and avoided, or planned for; and
were not part of a recurring pattern indicative of inadequate design,
operation, or maintenance;
    (B) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs;
    (C) The frequency, amount, and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions;
    (D) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage;
    (E) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health;
    (F) All emissions monitoring and control systems were kept in
operation, if at all possible, consistent with safety and good air
pollution control practices;
    (G) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs;
    (H) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
    (I) The owner or operator has prepared a written root cause
analysis, the purpose of which is to determine, correct, and eliminate
the primary causes of the malfunction and the excess emissions
resulting from the malfunction event at issue. The analysis shall also
specify, using the best monitoring methods and engineering judgment,
the amount of excess emissions that were the result of the malfunction.
    (ii) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later than 2 business
days after the initial occurrence of the malfunction, if it wishes to
avail itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(j)(4)(i) of this section. The owner or operator may seek an extension
of this deadline for up to 30 additional days by submitting a written
request to the Administrator before the expiration of the 45 day
period. Until a request for an extension has been approved by the
Administrator, the owner or operator is subject to the requirement to
submit such report within 45 days of the initial occurrence of the
exceedance.

0
3. Section 63.481 is amended by revising paragraph (c) to read as
follows:

Sec.  63.481  Compliance dates and relationship of this subpart to
existing applicable rules.

* * * * *
    (c) With the exceptions provided in paragraphs (c)(1) through (3)
of this section, existing affected sources shall be in compliance with
this subpart no later than June 19, 2001, as provided in Sec.  63.6(c),
unless an extension has been granted as specified in paragraph (e) of
this section.
    (1) Existing affected sources producing epichlorohydrin elastomer,
butyl rubber, neoprene rubber, and nitrile butadiene rubber shall be in
compliance with the applicable emission limitation in Sec.
63.494(a)(4) no later than April 23, 2012.
    (2) Existing affected sources producing butyl rubber and ethylene
propylene rubber shall be in compliance with Sec.  63.485(q)(1) no
later than April 23, 2012.
    (3) Compliance with Sec.  63.502 is covered by paragraph (d) of
this section.
* * * * *

0
4. Section 63.482 is amended by removing the definition of ``halobutyl
rubber,'' adding in alphabetical order a definition for ``affirmative
defense,'' revising the definitions of ``back-end,'' ``butyl rubber,''
``elastomer product,'' ``initial start-up,'' and ``product'' in
paragraph (b) to read as follows:

Sec.  63.482  Definitions.

* * * * *
    (b) * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits
of which are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *
    Back-end refers to the unit operations in an EPPU following the
stripping operations. Back-end process operations include, but are not
limited to, filtering, coagulation, blending, concentration, drying,
separating, and other finishing operations, as well as latex and crumb
storage. Back-end does not include storage and loading of finished
product or emission points that are regulated under Sec. Sec.  63.484,
63.501, or 63.502 of this subpart.
* * * * *
    Butyl rubber means a copolymer of isobutylene and other monomers.
Typical other monomers include isoprene and methylstyrene. A typical
composition of butyl rubber is approximately 85- to 99-percent
isobutylene, and 1- to 15-percent other monomers. Most butyl rubber is
produced by precipitation polymerization, although other methods may be
used. Halobutyl rubber is a type of butyl rubber elastomer produced
using halogenated copolymers.
* * * * *
    Elastomer product means one of the following types of products, as
they are defined in this section:
    (1) Butyl Rubber;
    (2) Epichlorohydrin Elastomer;
    (3) Ethylene Propylene Rubber;
    (4) Hypalon TM;
    (5) Neoprene;
    (6) Nitrile Butadiene Rubber;
    (7) Nitrile Butadiene Latex;
    (8) Polybutadiene Rubber/Styrene Butadiene Rubber by Solution;
    (9) Polysulfide Rubber;
    (10) Styrene Butadiene Rubber by Emulsion; and
    (11) Styrene Butadiene Latex.
* * * * *
    Initial start-up means the first time a new or reconstructed
affected source begins production of an elastomer product, or, for
equipment added or changed as described in Sec.  63.480(i), the first
time the equipment is put into operation to produce an elastomer
product. Initial start-up does not include operation solely for testing
equipment. Initial start-up does not include subsequent start-ups of an
affected source or portion thereof

following shutdowns, or following changes in product for flexible
operation units, or following recharging of equipment in batch
operation.
* * * * *
    Product means a polymer produced using the same monomers, and
varying in additives (e.g., initiators, terminators, etc.); catalysts;
or in the relative proportions of monomers, that is manufactured by a
process unit. With respect to polymers, more than one recipe may be
used to produce the same product, and there can be more than one grade
of a product. As an example, styrene butadiene latex and butyl rubber
each represent a different product. Product also means a chemical that
is not a polymer, is manufactured by a process unit. By-products,
isolated intermediates, impurities, wastes, and trace contaminants are
not considered products.
* * * * *

0
5. Section 63.483 is amended by revising paragraph (a) to read as
follows:

Sec.  63.483  Emission standards.

    (a) At all times, each owner or operator must operate and maintain
any affected source subject to the requirements of this subpart,
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 or operator to make any
further efforts to reduce emissions if levels required by this standard
have been achieved. Determination of whether such operation and
maintenance procedures are being used 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. Except as allowed under paragraphs (b) through (d) of this
section, the owner or operator of an existing or new affected source
shall comply with the provisions in:
    (1) Section 63.484 for storage vessels;
    (2) Section 63.485 for continuous front-end process vents;
    (3) Sections 63.486 through 63.492 for batch front-end process
vents;
    (4) Sections 63.493 through 63.500 for back-end process operations;
    (5) Section 63.501 for wastewater;
    (6) Section 63.502 for equipment leaks;
    (7) Section 63.504 for additional test methods and procedures;
    (8) Section 63.505 for monitoring levels and excursions; and
    (9) Section 63.506 for general reporting and recordkeeping
requirements.
* * * * *
0
6. Section 63.484 is amended by revising paragraph (b)(4) to read as
follows:

Sec.  63.484  Storage vessel provisions.

* * * * *
    (b) * * *
    (4) Storage vessels located downstream of the stripping operations
at affected sources subject to the back-end residual organic HAP
limitation located in Sec.  63.494(a)(1) through (3), that are
complying through the use of stripping technology, as specified in
Sec.  63.495;
* * * * *

0
7. Section 63.485 is amended by:
0
a. Revising paragraphs (q) introductory text, and (q)(1) introductory
text;
0
b. Adding paragraphs (q)(1)(iii) through (q)(1)(vi); and
0
c. Adding paragraph (w) to read as follows:

Sec.  63.485  Continuous front-end process vent provisions.

* * * * *
    (q) Group 1 halogenated continuous front-end process vents must
comply with the provisions of Sec.  63.113(a)(1)(ii) and Sec.
63.113(c), with the exceptions noted in paragraphs (q)(1) and (2) of
this section.
    (1) Group I halogenated continuous front-end process vents at
existing affected sources producing butyl rubber or ethylene propylene
rubber using a solution process are exempt from the provisions of Sec.
63.113(a)(1)(ii) and Sec.  63.113(c) if the conditions in paragraphs
(q)(1)(i) and (ii) of this section are met, and shall comply with the
requirements in paragraphs (q)(1)(iii) through (vi) of this section.
Group I halogenated continuous front-end process vents at new affected
sources producing butyl rubber or ethylene propylene rubber using a
solution process are not exempt from Sec.  63.113(a)(1)(ii) and Sec.
63.113(c).
* * * * *
    (iii) The average HCl emissions from all front-end process
operations at affected sources producing butyl rubber and ethylene
propylene rubber using a solution process shall not exceed the limits
determined in accordance with paragraphs (q)(1)(iii)(A) and (B) of this
section for any consecutive 12-month period. The specific limitation
for each elastomer type shall be determined based on the calculation or
the emissions level provided in paragraphs (q)(1)(iii)(A) and (B) of
this section divided by the base year elastomer product that leaves the
stripping operation (or the reactor(s), if the plant has no
stripper(s)). The limitation shall be calculated and submitted in
accordance with paragraph (q)(1)(iv) of this section.
    (A) For butyl rubber, the HCl emission limitation shall be
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR21AP11.002

Where:

HCl2010 = HCl emissions in 2010, megagrams per year (Mg/
yr)
BRHClEL = Butyl rubber HCl emission limit, Mg HCl emissions/Mg butyl
rubber produced
P2010 = Total elastomer product leaving the stripper in
2010, Mg/yr
1.74 = variability factor, unitless

    (B) For ethylene propylene rubber using a solution process, the HCl
emission limitation, in units of Mg HCl emissions per Mg of ethylene
propylene rubber produced, shall be calculated by dividing 27 Mg/yr by
the mass of ethylene propylene rubber produced in 2010, in Mg.
    (iv) If the front-end process operation is subject to a HCl
emission limitation in paragraph (q)(1)(iii) of this section, the owner
and operator must submit the information specified in paragraphs
(q)(1)(iv)(A) and (B) of this section.
    (A) The applicable HCl emission limitation determined in accordance
with paragraphs (q)(1)(iii)(A) and (B) of this section shall be
submitted no later than 180 days from the date of publication of the
final rule amendments in the Federal Register.
    (B) Beginning with the first periodic report required to be
submitted by Sec.  63.506(e)(6) that is at least 13 months after the
compliance date, the total mass of HCl emitted for each of the rolling
12-month periods in the reporting period divided by the total mass of
elastomer produced during the corresponding 12-month period, determined
in accordance with paragraph (q)(1)(v) of this section.
    (v) Compliance with the HCl emission limitations determined in
accordance with paragraph (q)(1)(iii) of this section shall be
demonstrated in accordance with paragraphs (q)(1)(v)(A) through (E) of
this section.
    (A) Calculate your HCl emission limitation in accordance with
paragraphs (q)(1)(iii)(A) and (B) of this section, as applicable,
record it, and submit it in accordance with paragraph (q)(1)(iv) of
this section.

    (B) Each month, calculate and record the HCl emissions from all
front-end process operations using engineering assessment. Engineering
assessment includes, but is not limited to, the following:
    (1) Use of material balances;
    (2) Estimation of flow rate based on physical equipment design,
such as pump or blower capacities;
    (3) Estimation of HCl concentrations based on saturation
conditions; and
    (4) Estimation of HCl concentrations based on grab samples of the
liquid or vapor.
    (C) Each month, record the mass of elastomer product produced.
    (D) Each month, calculate and record the sum of the HCl emissions
and the mass of elastomer produced for the previous calendar 12-month
period.
    (E) Each month, divide the total mass of HCl emitted for the
previous calendar 12-month period by the total mass of elastomer
produced during this 12-month period. This value must be recorded in
accordance with paragraph (q)(1)(vi) of this section and reported in
accordance with paragraph (q)(1)(iv) of this section.
    (vi) If the front-end process operation is subject to an HCl
emission limitation in paragraph (q)(1)(iii) of this section, the owner
or operator shall maintain the records specified in paragraphs
(q)(1)(vi)(A) through (D) of this section.
    (A) The applicable HCl emission limitation determined in accordance
with paragraphs (q)(1)(iii)(A) and (B) of this section.
    (B) The HCl emissions from all front-end process operations for
each month, along with documentation of all calculations, and other
information used in the engineering assessment to estimate these
emissions.
    (C) The mass of elastomer product produced each month.
    (D) The total mass of HCl emitted for each 12-month period divided
by the total mass of elastomer produced during the 12-month period,
determined in accordance with paragraph (q)(1)(v) of this section.
* * * * *
    (w) Shutdown. (1) During periods of shutdown, a Group 1 continuous
front-end process vent at an existing affected source producing butyl
rubber or ethylene propylene rubber using a solution process must be
routed to a flare until either the organic HAP concentration in the
vent is less than 50 ppmv, or the vent pressure is below 103.421 kPa.

0
8. Section 63.489 is amended by revising paragraph (b)(4)(ii)(C) to
read as follows:

Sec.  63.489  Batch front-end process vents--monitoring equipment.

* * * * *
    (b) * * *
    (4) * * *
    (ii) * * *
    (C) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method which will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method which will at least
provide a value for either a representative or the highest gas stream
flow anticipated in the scrubber during representative operating
conditions. The plan shall include a description of the methodology to
be followed and an explanation of how the selected methodology will
reliably determine the gas stream flow, and a description of the
records that will be maintained to document the determination of gas
stream flow. The owner or operator shall maintain the plan as specified
in Sec.  63.506(a).
* * * * *

0
9. Section 63.491 is amended by revising paragraph (e)(2)(ii) to read
as follows:

Sec.  63.491  Batch front-end process vents--recordkeeping
requirements.

* * * * *
    (e) * * *
    (2) * * *
    (ii) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in computing the batch cycle
daily averages. In addition, monitoring data recorded during periods of
non-operation of the EPPU (or specific portion thereof) resulting in
cessation of organic HAP emissions shall not be included in computing
the batch cycle daily averages.
* * * * *

0
10. Section 63.493 is revised to read as follows:

Sec.  63.493  Back-end process provisions.

    Owners and operators of new and existing affected sources shall
comply with the requirements in Sec. Sec.  63.494 through 63.500.
Owners and operators of affected sources whose only elastomer products
are latex products, liquid rubber products, or products produced in a
gas-phased reaction process, are not subject to the provisions of
Sec. Sec.  63.494 through 63.500. If latex or liquid rubber products
are produced in an affected source that also produces another elastomer
product, the provisions of Sec. Sec.  63.494 through 63.500 do not
apply to the back-end operations dedicated to the production of one or
more latex products, or to the back-end operations during the
production of a latex product. Table 8 to this subpart contains a
summary of compliance alternative requirements for the emission limits
in Sec.  63.494(a)(1)-(3) and associated requirements.

0
11. Section 63.494 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraph (a) introductory text;
0
c. Revising paragraph (a)(4);
0
d. Revising paragraph (a)(5) introductory text;
0
e. Adding paragraph (a)(6);
0
f. Revising paragraph (b);
0
g. Revising paragraph (c); and
0
h. Revising paragraph (d) to read as follows:

Sec.  63.494  Back-end process provisions--residual organic HAP and
emission limitations.

    (a) The monthly weighted average residual organic HAP content of
all grades of styrene butadiene rubber produced by the emulsion
process, polybutadiene rubber and styrene butadiene rubber produced by
the solution process, and ethylene-propylene rubber produced by the
solution process that is processed, shall be measured after the
stripping operation (or the reactor(s), if the plant has no
stripper(s)), as specified in Sec.  63.495(d), and shall not exceed the
limits provided in paragraphs (a)(1) through (3) of this section, as
applicable. Owners or operators of these affected sources shall comply
with the requirements of paragraphs (a)(1) through (3) of this section
using either stripping technology, or control or recovery devices. The
organic HAP emissions from all back-end process operations at affected
sources producing butyl rubber, epichlorohydrin elastomer, neoprene,
and nitrile butadiene rubber shall not exceed the limits determined in
accordance with paragraph (a)(4) of this section, as applicable.
* * * * *
    (4) The organic HAP emissions from back-end processes at affected
sources producing butyl rubber, epichlorohydrin elastomer, neoprene,
and nitrile butadiene rubber shall not exceed the limits determined in
accordance with paragraphs (a)(4)(i) through (iv) of this section for
any consecutive 12-month period. The specific limitation for each
elastomer type shall be determined based on the calculation or the
emissions level provided in paragraphs (a)(4)(i) through

(iv) of this section divided by the base year elastomer product that
leaves the stripping operation (or the reactor(s), if the plant has no
stripper(s)). The limitation shall be calculated and submitted in
accordance with Sec.  63.499(f)(1).
    (i) For butyl rubber, the organic HAP emission limitation shall be
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR21AP11.003

Where:

Be2009 = Bypass emissions in 2009, Mg/yr
BREL = Butyl rubber emission limit, Mg organic HAP emissions/Mg
butyl rubber produced
Ce2009 = Controlled emissions in 2009, Mg/yr
P2009 = Total elastomer product leaving the stripper in
2009, Mg/yr
UCe2009 = Uncontrolled emissions in 2009, Mg/yr
1.35 = variability factor, unitless

    (ii) For epichlorohydrin elastomer, the organic HAP emission
limitation, in units of Mg organic HAP emissions per Mg of
epichlorohydrin elastomer produced, shall be calculated by dividing 51
Mg/yr by the mass of epichlorohydrin elastomer produced in 2009, in Mg.
    (iii) For neoprene, the organic HAP emission limitation, in units
of Mg organic HAP emissions per Mg of neoprene produced, shall be
calculated by dividing 30 Mg/yr by the mass of neoprene produced in
2007, in Mg.
    (iv) For nitrile butadiene rubber, the organic HAP emission
limitation, in units of Mg organic HAP emissions per Mg of nitrile
butadiene rubber produced, shall be calculated by dividing 2.4 Mg/yr by
the mass of nitrile butadiene rubber produced in 2009, in Mg.
    (5) For EPPU that produce both an elastomer product with a residual
organic HAP limitation listed in paragraphs (a)(1) through (3) of this
section, and a product listed in paragraphs (a)(5)(i) through (iv) of
this section, only the residual HAP content of the elastomer product
with a residual organic HAP limitation shall be used in determining the
monthly average residual organic HAP content.
* * * * *
    (6) There are no back-end process operation residual organic HAP or
emission limitations for Hypalon \TM\ and polysulfide rubber
production. There are also no back-end process operation residual
organic HAP limitations for latex products, liquid rubber products,
products produced in a gas-phased reaction process, styrene butadiene
rubber produced by any process other than a solution or emulsion
process, polybutadiene rubber produced by any process other than a
solution process, or ethylene-propylene rubber produced by any process
other than a solution process.
    (b) If an owner or operator complies with the residual organic HAP
limitations in paragraph (a)(1) through (3) of this section using
stripping technology, compliance shall be demonstrated in accordance
with Sec.  63.495. The owner or operator shall also comply with the
recordkeeping provisions in Sec.  63.498, and the reporting provisions
in Sec.  63.499.
    (c) If an owner or operator complies with the residual organic HAP
limitations in paragraph (a)(1) through (3) of this section using
control or recovery devices, compliance shall be demonstrated using the
procedures in Sec.  63.496. The owner or operator shall also comply
with the monitoring provisions in Sec.  63.497, the recordkeeping
provisions in Sec.  63.498, and the reporting provisions in Sec.
63.499.
    (d) If the owner or operator complies with the residual organic HAP
limitations in paragraph (a)(1) through (3) of this section using a
flare, the owner or operator of an affected source shall comply with
the requirements in Sec.  63.504(c).

0
12. Section 63.495 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraph (a);
0
c. Revising paragraph (b)(5); and
0
d. Adding paragraph (g) to read as follows:

Sec.  63.495  Back-end process provisions--procedures to determine
compliance with residual organic HAP limitations using stripping
technology and organic HAP emissions limitations.

    (a) If an owner or operator complies with the residual organic HAP
limitations in Sec.  63.494(a)(1) through (3) using stripping
technology, compliance shall be demonstrated using the periodic
sampling procedures in paragraph (b) of this section, or using the
stripper parameter monitoring procedures in paragraph (c) of this
section. The owner or operator shall determine the monthly weighted
average residual organic HAP content for each month in which any
portion of the back-end of an elastomer production process is in
operation. A single monthly weighted average shall be determined for
all back-end process operations at the affected source.
    (b) * * *
    (5) The monthly weighted average shall be determined using the
equation in paragraph (f) of this section. All representative samples
taken and analyzed during the month shall be used in the determination
of the monthly weighted average.
* * * * *
    (g) Compliance with the organic HAP emission limitations determined
in accordance with Sec.  63.494(a)(4) shall be demonstrated in
accordance with paragraphs (g)(1) through (5) of this section.
    (1) Calculate your organic HAP emission limitation in accordance
with Sec.  63.494(a)(4)(i) through (iv), as applicable, record it, and
submit it in accordance with Sec.  63.499(f)(1).
    (2) Each month, calculate and record the organic HAP emissions from
all back-end process operations using engineering assessment.
Engineering assessment includes, but is not limited to, the following:
    (i) Previous test results, provided the test was representative of
current operating practices.
    (ii) Bench-scale or pilot-scale test data obtained under conditions
representative of current process operating conditions.
    (iii) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to:
    (A) Use of material balances;
    (B) Estimation of flow rate based on physical equipment design,
such as pump or blower capacities;
    (C) Estimation of organic HAP concentrations based on saturation
conditions; and
    (D) Estimation of organic HAP concentrations based on grab samples
of the liquid or vapor.
    (3) Each month, record the mass of elastomer product produced.
    (4) Each month, calculate and record the sums of the organic HAP
emissions

and the mass of elastomer produced for the previous calendar 12-month
period.
    (5) Each month, divide the total mass of organic HAP emitted for
the previous calendar 12-month period by the total mass of elastomer
produced during this 12-month period. This value must be recorded in
accordance with Sec.  63.498(e) and reported in accordance with Sec.
63.499(f)(2).

0
13. Section 63.496 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraph (a);
0
c. Revising paragraph (c)(2); and
0
d. Revising paragraph (d) to read as follows:

Sec.  63.496  Back-end process provisions--procedures to determine
compliance with residual organic HAP limitations using control or
recovery devices.

    (a) If an owner or operator complies with the residual organic HAP
limitations in Sec.  63.494(a)(1) through (3) using control or recovery
devices, compliance shall be demonstrated using the procedures in
paragraphs (b) and (c) of this section. Previous test results conducted
in accordance with paragraphs (b)(1) through (6) of this section may be
used to determine compliance in accordance with paragraph (c) of this
section.
* * * * *
    (c) * * *
    (2) A facility is in compliance if the average of the organic HAP
contents calculated for all three test runs is below the residual
organic HAP limitations in Sec.  63.494(a)(1) through (3).
    (d) An owner or operator complying with the residual organic HAP
limitations in Sec.  63.494(a)(1) through (3) using a control or
recovery device, shall redetermine the compliance status through the
requirements described in paragraph (b) of this section whenever
process changes are made. The owner or operator shall report the
results of the redetermination in accordance with Sec.  63.499(d). For
the purposes of this section, a process change is any action that would
reasonably be expected to impair the performance of the control or
recovery device. For the purposes of this section, the production of an
elastomer with a residual organic HAP content greater than the residual
organic HAP content of the elastomer used in the compliance
demonstration constitutes a process change, unless the overall effect
of the change is to reduce organic HAP emissions from the source as a
whole. Other examples of process changes may include changes in
production capacity or production rate, or removal or addition of
equipment. For the purposes of this paragraph, process changes do not
include: Process upsets; unintentional, temporary process changes; or
changes that reduce the residual organic HAP content of the elastomer.

0
14. Section 63.497 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraph (a) introductory text; and
0
c. Revising paragraph (d) introductory text to read as follows:

Sec.  63.497  Back-end process provisions--monitoring provisions for
control and recovery devices used to comply with residual organic HAP
limitations.

    (a) An owner or operator complying with the residual organic HAP
limitations in Sec.  63.494(a)(1) through (3) using control or recovery
devices, or a combination of stripping and control or recovery devices,
shall install the monitoring equipment specified in paragraphs (a)(1)
through (6) of this section, as appropriate.
* * * * *
    (d) The owner or operator of an affected source with a controlled
back-end process vent using a vent system that contains bypass lines
that could divert a vent stream away from the control or recovery
device used to comply with Sec.  63.494(a)(1) through (3), shall comply
with paragraph (d)(1) or (2) of this section. Equipment such as low leg
drains, high point bleeds, analyzer vents, open-ended valves or lines,
and pressure relief valves needed for safety purposes are not subject
to this paragraph.

* * * * *

0
15. Section 63.498 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising paragraph (a)(3);
0
c. Adding paragraph (a)(4);
0
d. Revising paragraph (b) introductory text;
0
e. Revising paragraph (b)(3);
0
f. Revising paragraph (c) introductory text;
0
g. Revising paragraph (d) introductory text;
0
h. Revising paragraph (d)(5)(ii)(B);
0
i. Revising paragraph (d)(5)(ii)(E); and
0
j. Adding paragraph (e) to read as follows:

Sec.  63.498  Back-end process provisions--recordkeeping.

    (a) Each owner or operator shall maintain the records specified in
paragraphs (a)(1) through (4), and paragraphs (b) through (e) of this
section, as appropriate.
* * * * *
    (3) If the back-end process operation is subject to a residual
organic HAP limitation in Sec.  63.494(a)(1) through (3), whether
compliance will be achieved by stripping technology, or by control or
recovery devices.
    (4) If the back-end process operation is subject to an emission
limitation in Sec.  63.494(a)(4), the organic HAP emission limitation
calculated in accordance with Sec.  63.494(a)(4)(i) through (iv), as
applicable.
    (b) Each owner or operator of a back-end process operation using
stripping technology to comply with a residual organic HAP limitation
in Sec.  63.494(a)(1) through (3), and demonstrating compliance using
the periodic sampling procedures in Sec.  63.495(b), shall maintain the
records specified in paragraph (b)(1), and in paragraph (b)(2) or
paragraph (b)(3) of this section, as appropriate.
* * * * *
    (3) If the organic HAP contents for all samples analyzed during a
month are below the appropriate level in Sec.  63.494(a), the owner or
operator may record that all samples were in accordance with the
residual organic HAP limitations in Sec.  63.494(a)(1) through (3),
rather than calculating and recording a monthly weighted average.
    (c) Each owner or operator of a back-end process operation using
stripping technology to comply with a residual organic HAP limitation
in Sec.  63.494(a)(1) through (3), and demonstrating compliance using
the stripper parameter monitoring procedures in Sec.  63.495(c), shall
maintain the records specified in paragraphs (c)(1) through (3) of this
section.
* * * * *
    (d) Each owner or operator of a back-end process operation using
control or recovery devices to comply with a residual organic HAP
limitation in Sec.  63.494(a)(1) through (3), shall maintain the
records specified in paragraphs (d)(1) through (5) of this section. The
recordkeeping requirements contained in paragraphs (d)(1) through (4)
pertain to the results of the testing required by Sec.  63.496(b), for
each of the three required test runs.
* * * * *
    (5) * * *
    (ii) * * *
    (B) Monitoring data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments, shall not be included in computing the hourly or
daily averages. In addition, monitoring data recorded during periods of
non-operation of the EPPU (or specific portion thereof) resulting in
cessation of organic HAP emissions, shall not be included in

computing the hourly or daily averages. Records shall be kept of the
times and durations of all such periods and any other periods of
process or control device operation when monitors are not operating.
* * * * *
    (E) For flares, records of the times and duration of all periods
during which the pilot flame is absent, shall be kept rather than daily
averages. The records specified in this paragraph are not required
during periods when emissions are not routed to the flare.
* * * * *
    (e) If the back-end process operation is subject to an organic HAP
emission limitation in Sec.  63.494(a)(4), the records specified in
paragraphs (e)(1) through (4) of this section.
    (1) The applicable organic HAP emission limitation determined in
accordance with Sec.  63.494(a)(4)(i) through (iv).
    (2) The organic HAP emissions from all back-end process operations
for each month, along with documentation of all calculations and other
information used in the engineering assessment to estimate these
emissions.
    (3) The mass of elastomer product produced each month.
    (4) The total mass of organic HAP emitted for each 12-month period
divided by the total mass of elastomer produced during the 12-month
period, determined in accordance with Sec.  63.495(g)(5).

0
16. Section 63.499 is amended by:
0
a. Revising paragraph (a)(3);
0
b. Revising paragraph (b) introductory text;
0
c. Revising paragraph (c) introductory text;
0
d. Revising paragraph (d) introductory text; and
0
e. Adding paragraph (f) to read as follows:

Sec.  63.499  Back-end process provisions--reporting.

    (a) * * *
    (3) If the back-end process operation is subject to a residual
organic HAP limitation in Sec.  63.494(a)(1) through (3), whether
compliance will be achieved by stripping technology, or by control or
recovery devices.
    (b) Each owner or operator of a back-end process operation using
stripping to comply with a residual organic HAP limitation in Sec.
63.494(a)(1) through (3), and demonstrating compliance by stripper
parameter monitoring, shall submit reports as specified in paragraphs
(b)(1) and (2) of this section.
* * * * *
    (c) Each owner or operator of an affected source with a back-end
process operation control or recovery device that shall comply with a
residual organic HAP limitation in Sec.  63.494(a)(1) through (3),
shall submit the information specified in paragraphs (c)(1) through (3)
of this section as part of the Notification of Compliance Status
specified in Sec.  63.506(e)(5).
* * * * *
    (d) Whenever a process change, as defined in Sec.  63.496(d), is
made that causes the redetermination of the compliance status for the
back-end process operations subject to a residual organic HAP
limitation in Sec.  63.494(a)(1) through (3), the owner or operator
shall submit a report within 180 days after the process change, as
specified in Sec.  63.506(e)(7)(iii). The report shall include:
* * * * *
    (f) If the back-end process operation is subject to an organic HAP
emission limitation in Sec.  63.494(a)(4), the owner and operator must
submit the information specified in paragraphs (f)(1) and (2) of this
section.
    (1) The applicable organic HAP emission limitation determined in
accordance with Sec.  63.494(a)(4)(i) through (iv), shall be submitted
no later than 180 days from the date of publication of the final rule
amendments in the Federal Register.
    (2) Beginning with the first periodic report required to be
submitted by Sec.  63.506(e)(6) that is at least 13 months after the
compliance date, the total mass of organic HAP emitted for each of the
rolling 12-month periods in the reporting period divided by the total
mass of elastomer produced during the corresponding 12-month period,
determined in accordance with Sec.  63.495(g)(5).

0
17. Section 63.501 is amended by revising paragraph (c)(2) to read as
follows:

Sec.  63.501  Wastewater provisions.

* * * * *
    (c) * * *
    (2) Back-end streams at affected sources that are subject to a
residual organic HAP limitation in Sec.  63.494(a)(1) through (3) and
that are complying with these limitations through the use of stripping
technology.

0
18. Section 63.502 is amended by revising paragraphs (a) and (b)(4) to
read as follows:

Sec.  63.502  Equipment leak and heat exchange system provisions.

    (a) Equipment leak provisions. The owner or operator of each
affected source, shall comply with the requirements of subpart H of
this part, with the exceptions noted in paragraphs (b) through (m) of
this section. Surge control vessels required to be controlled by
subpart H may, alternatively, comply with the Group 1 storage vessel
provisions specified in Sec.  63.484.
    (b) * * *
    (4) Surge control vessels and bottoms receivers located downstream
of the stripping operations at affected sources subject to the back-end
residual organic HAP limitation located in Sec.  63.494(a)(1) through
(3) that are complying through the use of stripping technology, as
specified in Sec.  63.495;
* * * * *

Sec.  63.503--[Amended]

0
19. Section 63.503 is amended by removing and reserving paragraph
(f)(1).

0
20. Section 63.504 is amended by revising paragraph (a)(1) introductory
text to read as follows:

Sec.  63.504  Additional requirements for performance testing.

    (a) * * *
    (1) Performance tests shall be conducted at maximum representative
operating conditions achievable during one of the time periods
described in paragraph (a)(1)(i) of this section, without causing any
of the situations described in paragraph (a)(1)(ii) of this section to
occur. 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.
* * * * *

0
21. Section 63.505 is amended by:
0
a. Revising paragraph (e)(4);
0
b. Revising paragraph (g)(1) introductory text;
0
c. Revising paragraph (g)(1)(v)(A);
0
d. Revising paragraph (g)(1)(v)(B);
0
e. Removing paragraphs (g)(1)(v)(C) through (g)(1)(v)(E);
0
f. Revising paragraph (g)(2)(ii)(B) introductory text; and
0
g. Adding paragraph (j) to read as follows:

Sec.  63.505  Parameter monitoring levels and excursions.

* * * * *
    (e) * * *
    (4) An owner or operator complying with the residual organic HAP
limitations in paragraphs (a)(1) through (3) of Sec.  63.494 using
stripping, and demonstrating compliance by stripper parameter
monitoring, shall redetermine the residual organic HAP content for all
affected grades whenever process changes are made. For the purposes of
this section, a process change is any action that would reasonably be

expected to impair the performance of the stripping operation. For the
purposes of this section, examples of process changes may include
changes in production capacity or production rate, or removal or
addition of equipment. For purposes of this paragraph, process changes
do not include: Process upsets; unintentional, temporary process
changes; or changes that reduce the residual organic HAP content of the
elastomer.
* * * * *
    (g) * * *
    (1) With respect to storage vessels (where the applicable
monitoring plan specifies continuous monitoring), continuous front-end
process vents, aggregate batch vent streams, back-end process
operations complying with Sec.  63.494(a)(1) through (3) through the
use of control or recovery devices, and process wastewater streams, an
excursion means any of the three cases listed in paragraphs (g)(1)(i)
through (g)(1)(iii) of this section. * * *
    (v) * * *
    (A) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments; or
    (B) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
    (2) * * *
    (ii) * * *
    (B) Subtract the time during the periods of monitoring system
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments from the total amount of time determined in paragraph
(g)(2)(ii)(A) of this section, to obtain the operating time used to
determine if monitoring data are insufficient.
* * * * *
    (j) Excursion definition for back-end operations subject to Sec.
63.494(a)(4). An excursion means when the total mass of organic HAP
emitted for any consecutive 12-month period divided by the total mass
of elastomer produced during the 12-month period, determined in
accordance with Sec.  63.495(g), is greater than the applicable
emission limitation, determined in accordance with Sec.
63.494(a)(4)(i) through (iv) and submitted in accordance with Sec.
63.499(f)(1).

0
22. Section 63.506 is amended by:
0
a. Revising paragraph (b)(1) introductory text;
0
b. Revising paragraph (d)(7);
0
c. Revising paragraph (e)(3) introductory text;
0
d. Removing and reserving paragraph (e)(3)(viii);
0
e. Revising paragraph (e)(3)(ix)(B);
0
f. Revising paragraph (e)(6)(iii)(E);
0
g. Revising paragraph (h)(1)(i);
0
h. Revising paragraph (h)(1)(ii)(C);
0
i. Revising paragraph (h)(1)(iii);
0
j. Revising paragraph (h)(2)(iii);
0
k. Removing and reserving paragraph (h)(2)(iv)(A); and
0
l. Adding paragraph (i) to read as follows:

Sec.  63.506  General recordkeeping and reporting provisions.

* * * * *
    (b) * * *
    (1) Malfunction records. Each owner or operator of an affected
source subject to this subpart shall maintain records of the occurrence
and duration of each malfunction of operation (i.e., process
equipment), air pollution control equipment, or monitoring equipment.
Each owner or operator shall maintain records of actions taken during
periods of malfunction to minimize emissions in accordance with Sec.
63.483(a)(1), including corrective actions to restore malfunctioning
process and air pollution control and monitoring equipment to its
normal or usual manner of operation.
* * * * *
    (d) * * *
    (7) Monitoring data recorded during periods identified in
paragraphs (d)(7)(i) and (ii) of this section shall not be included in
any average computed under this subpart. Records shall be kept of the
times and durations of all such periods and any other periods during
process or control device or recovery device operation when monitors
are not operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments; or
    (ii) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
* * * * *
    (e) * * *
    (3) Precompliance Report. Owners or operators of affected sources
requesting an extension for compliance; requesting approval to use
alternative monitoring parameters, alternative continuous monitoring
and recordkeeping, or alternative controls; requesting approval to use
engineering assessment to estimate emissions from a batch emissions
episode, as described in Sec.  63.488(b)(6)(i); wishing to establish
parameter monitoring levels according to the procedures contained in
Sec.  63.505(c) or (d); shall submit a Precompliance Report according
to the schedule described in paragraph (e)(3)(i) of this section. The
Precompliance Report shall contain the information specified in
paragraphs (e)(3)(ii) through (vii) of this section, as appropriate.
* * * * *
    (viii) [Reserved]
    (ix) * * *
    (B) Supplements to the Precompliance Report may be submitted to
request approval to use alternative monitoring parameters, as specified
in paragraph (e)(3)(iii) of this section; to use alternative continuous
monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of
this section; to use alternative controls, as specified in paragraph
(e)(3)(v) of this section; to use engineering assessment to estimate
emissions from a batch emissions episode, as specified in paragraph
(e)(3)(vi) of this section; or to establish parameter monitoring levels
according to the procedures contained in Sec.  63.505(c) or (d), as
specified in paragraph (e)(3)(vii) of this section.
* * * * *
    (6) * * *
    (iii) * * *
    (E) The number, duration, and a brief description for each type of
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded.
The report must also include a description of actions taken by an owner
or operator during a malfunction of an affected source to minimize
emissions in accordance with Sec.  63.483(a)(1), including actions
taken to correct a malfunction.
* * * * *
    (h) * * *
    (1) * * *
    (i) The monitoring system is capable of detecting unrealistic or
impossible data during periods of normal operation (e.g., a temperature
reading of -200 [deg]C on a boiler), and will alert the operator by
alarm or other means. The owner or operator shall record the
occurrence. All instances of the alarm or other alert in an operating
day constitute a single occurrence.
    (ii) * * *
    (C) The running average reflects a period of normal operation.
    (iii) The monitoring system is capable of detecting unchanging data
during periods of normal operation, except in circumstances where the
presence of unchanging data is the expected operating condition based
on past experience (e.g., pH in some scrubbers), and will alert the
operator by alarm or other means. The owner or operator shall record
the occurrence. All instances of the alarm or other alert in

an operating day constitute a single occurrence.
* * * * *
    (2) * * *
    (iii) The owner or operator shall retain the records specified in
paragraphs (h)(1)(i) through (iii) of this section, for the duration
specified in paragraph (h) of this section. For any calendar week, if
compliance with paragraphs (h)(1)(i) through (iii) of this section does
not result in retention of a record of at least one occurrence or
measured parameter value, the owner or operator shall record and retain
at least one parameter value during a period of normal operation.
    (iv) * * *
    (A) [Reserved]
* * * * *
    (i)(1) As of January 1, 2012, and within 60 days after the date of
completing each performance test, as defined in Sec.  63.2 and as
required in this subpart, you must submit performance test data, except
opacity data, electronically to EPA's Central Data Exchange by using
the Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other compatible electronic spreadsheet. Only
data collected using test methods compatible with ERT are subject to
this requirement to be submitted electronically into EPA's WebFIRE
database.
    (2) All reports required by this subpart not subject to the
requirements in paragraphs (i)(1) of this section must be sent to the
Administrator at the appropriate address listed in Sec.  63.13. If
acceptable to both the Administrator and the owner or operator of a
source, these reports may be submitted on electronic media. The
Administrator retains the right to require submittal of reports subject
to paragraph (i)(1) of this section in paper format.

0
23. Table 1 to Subpart U of part 63 is amended by:
0
a. Removing entry 63.6(e);
0
b. Revising entries 63.6(e)(1)(i) and 63.6(e)(1)(ii);
0
c. Revising entry 63.6(e)(2);
0
d. Adding entry 63.6(e)(3);
0
e. Removing entries 63.6(e)(3)(i) through 63.6(e)(3)(ix);
0
f. Revising entry 63.6(f)(1); and
0
g. Revising entries 63.7(e)(1) and 63.10(d)(5)(i) to read as follows:

 Table 1 To Subpart U of Part 63--Applicability of General Provisions to
                       Subpart U Affected Sources
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart U           Explanation
------------------------------------------------------------------------

                              * * * * * * *
Sec.   63.6(e)(1)(i)..........  No...............  See Sec.
                                                    63.483(a)(1) for
                                                    general duty
                                                    requirement. Any
                                                    cross reference to
                                                    Sec.   63.6(e)(1)(i)
                                                    in any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross
                                                    reference to Sec.
                                                    63.483(a)(1).
Sec.   63.6(e)(1)(ii).........  No...............

                              * * * * * * *
Sec.   63.6(e)(2).............  No...............  [Reserved.].
Sec.   63.6(e)(3).............  No...............
Sec.   63.6(f)(1).............  No...............

                              * * * * * * *
Sec.   63.7(e)(1).............  No...............  See Sec.
                                                    63.504(a)(1). Any
                                                    cross-reference to
                                                    Sec.   63.7(e)(1) in
                                                    any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to Sec.
                                                    63.504(a)(1).

                              * * * * * * *
63.10(d)(5)(i)................  No...............

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

0
24. Table 5 to Subpart U of part 63 is revised to read as follows:

                          Table 5 to Subpart U of Part 63--Known Organic HAP Emitted From the Production of Elastomer Products
                                          [Known organic HAP emitted from the production of elastomer products]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Elastomer product/subcategory
    Organic HAP/Chemical name (CAS No.)    -------------------------------------------------------------------------------------------------------------
                                               BR        EPI       EPR       HYP       NEO       NBL       NBR    PBR/SBRS     PSR       SBL      SBRE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acrylonitrile (107131)....................  ........  ........  ........  ........  ........        X         X   ........  ........  ........  ........
1,3 Butadiene (106990)....................  ........  ........  ........  ........  ........        X         X         X   ........        X         X
Carbon Disulfide..........................  ........  ........  ........  ........  ........        X         X         X   ........        X         X
Carbon Tetrachloride (56235)..............  ........  ........  ........        X   ........  ........  ........  ........  ........  ........  ........
Chlorobenzene (108907)....................  ........  ........  ........        X   ........  ........  ........  ........  ........  ........  ........
Chloroform (67663)........................  ........  ........  ........        X   ........  ........  ........  ........  ........  ........  ........
Chloroprene (126998)......................  ........  ........  ........  ........        X   ........  ........  ........  ........  ........  ........
Epichlorohydrin (106898)..................  ........        X   ........  ........  ........  ........  ........  ........  ........  ........  ........
Ethylbenzene (100414).....................        X   ........  ........  ........  ........  ........  ........  ........  ........        X   ........
Ethylene Dichloride (107062)..............  ........  ........  ........  ........  ........  ........  ........  ........        X   ........  ........
Ethylene Oxide (75218)....................  ........        X   ........  ........  ........  ........  ........  ........        X   ........  ........
Formaldehyde (50000)......................  ........        X   ........  ........  ........  ........  ........  ........        X   ........  ........

Hexane (110543)...........................        X   ........        X   ........  ........  ........  ........        X   ........  ........  ........
Methanol (67561)..........................        X   ........  ........  ........  ........  ........  ........        X   ........  ........  ........
Methyl Chloride (74873)...................        X   ........  ........        X   ........  ........  ........  ........  ........  ........  ........
Propylene Oxide (75569)...................  ........        X   ........  ........  ........  ........  ........  ........  ........  ........  ........
Styrene (100425)..........................  ........  ........  ........  ........  ........  ........  ........        X   ........        X         X
Toluene (108883)..........................  ........        X         X   ........        X   ........  ........        X   ........  ........  ........
Xylenes (1330207).........................        X   ........  ........  ........  ........  ........  ........  ........  ........  ........  ........
Xylene (m-) (108383)......................        X   ........  ........  ........  ........  ........  ........  ........  ........  ........  ........
Xylene (o-) (95476).......................        X   ........  ........  ........  ........  ........  ........  ........  ........  ........  ........
Xylene (p-) (106423)......................        X   ........  ........  ........  ........  ........  ........  ........  ........  ........  ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAS No. = Chemical Abstract Service Number.
BR = Butyl Rubber.
EPI = Epichlorohydrin Rubber.
EPR = Ethylene Propylene Rubber.
HYP = Hypalon\TM\.
NEO = Neoprene.
NBL = Nitrile Butadiene Latex.
NBR = Nitrile Butadiene Rubber.
PBR/SBRS = Polybutadiene and Styrene Butadiene Rubber by Solution.
PSR = Polysulfide Rubber.
SBL = Styrene Butadiene Latex.
SBRE = Styrene Butadiene Rubber by Emulsion.

Subpart Y--[Amended]

0
25-26. Section 63.560 is amended by:
0
a. Adding paragraph (a)(4);
0
b. Revising paragraph (d)(6); and
0
c. Adding paragraph (e)(1)(iv) to read as follows:
0
d. Table 1 to subpart Y of part 63 is amended by:
0
1. Revising entry 63.6(f)(1);
0
2. Removing entry 63.7(e);
0
3. Adding entries 63.7(e)(1) and 63.7(e)(2)-(4);
0
4. Removing entries 63.8(c)(1)(i), 63.8(c)(1)(ii), and 63.(c)(1)(iii);
0
5. Adding entry 63.8(c)(1);
0
6. Removing entry 63.10(b)(2)(i);
0
7. Adding entry 63.10(b)(2)(i)-(ii);
0
8. Removing entry 63.10(b)(2)(ii)-(iii);
0
9. Adding entry 63.10(b)(2)(iii);
0
10. Removing entry 63.10(c)(10)-(13); and
0
11. Adding entries 63.10(c)(10)-(11) and 63.10(c)(12)-(13).
    The additions and revisions read as follows:

Sec.  63.560  Applicability and designation of affected source.

    (a) * * *
    (4) Existing sources with emissions less than 10 and 25 tons must
meet the submerged fill standards of 46 CFR 153.282. This submerged
fill requirement does not apply to petroleum refineries.
* * * * *
    (d) * * *
    (6) The provisions of this subpart do not apply to marine tank
vessel loading operations at existing offshore loading terminals, as
that term is defined in Sec.  63.561, however existing offshore loading
terminals must meet the submerged fill standards of 46 CFR 153.282.
* * * * *
    (e) * * *
    (1) * * *
    (iv) Existing sources with emissions less than 10 and 25 tons, and
existing offshore loading terminals, shall comply with the submerged
fill requirements in paragraph (a)(4) and (d)(6) of this section by
April 23, 2012.
* * * * *

 Table 1 of Sec.   63.560--General Provisions Applicability to Subpart Y
------------------------------------------------------------------------
                                    Applies to
           Reference             affected sources         Comment
                                   in subpart Y
------------------------------------------------------------------------

                              * * * * * * *
63.6(f)(1)....................  No.                .....................

                              * * * * * * *
63.7(e)(1)....................  No...............  See 63.563(b)(1). Any
                                                    cross reference to
                                                    63.7(e)(1) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.563(b)(1).
63.7(e)(2)-(4)................  Yes.               .....................
63.8(c)(1)....................  No.                .....................

                              * * * * * * *

                              * * * * * * *
63.10(b)(2)(i)-(ii)...........  No...............  See 63.567(m).

                              * * * * * * *
63.10(b)(2)(iii)..............  Yes.               .....................

                              * * * * * * *
63.10(c)(10)-(11).............  No...............  See 63.567(m) for
                                                    reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    63.10(c)(10) or
                                                    63.10(c)(11) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.567(m).
63.10(c)(12)-(13).............  Yes.               .....................

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

0
27. Section 63.561 is amended by adding in alphabetical order a
definition for ``affirmative defense'' to read as follows:

Sec.  63.561  Definitions.

* * * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits
of which are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *

0
28. Section 63.562 is amended by:
0
a. Revising paragraph (e) introductory text; and
0
b. Adding paragraph (e)(7) to read as follows:

Sec.  63.562  Standards.

* * * * *
    (e) Operation and maintenance requirements for air pollution
control equipment and monitoring equipment for affected sources. At all
times, owners or operators of affected sources shall operate and
maintain a source, including associated air pollution control
equipment, in a manner consistent with safety and good air pollution
control practices for minimizing emissions. Determination of whether
acceptable operation and maintenance procedures are being used 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.
* * * * *
    (7) In response to an action to enforce the standards set forth in
this subpart, you may assert an affirmative defense to a claim for
civil penalties for exceedances of such standards that are caused by a
malfunction, as defined in Sec.  63.2. Appropriate penalties may be
assessed, however, if the respondent fails to meet its burden of
proving all the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
    (i) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of a facility must timely meet
the notification requirements of paragraph (e)(7)(ii) of this section,
and must prove by a preponderance of evidence that:
    (A) The excess emissions were caused by a sudden, infrequent, and
unavoidable failure of air pollution control and monitoring equipment,
or a process to operate in a normal and usual manner; and could not
have been prevented through careful planning, proper design or better
operation and maintenance practices; and did not stem from any activity
or event that could have been foreseen and avoided, or planned for; and
were not part of a recurring pattern indicative of inadequate design,
operation, or maintenance;
    (B) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs;
    (C) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions;
    (D) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage;
    (E) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health;
    (F) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices;
    (G) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs;
    (H) At all times, the affected facility was operated in a manner
consistent with good practices for minimizing emissions; and
    (I) The owner or operator has prepared a written root cause
analysis, the purpose of which is to determine, correct, and eliminate
the primary causes of the malfunction and the excess emissions
resulting from the malfunction event at issue. The analysis shall also
specify, using the best monitoring methods and engineering judgment,
the amount of excess emissions that were the result of the malfunction.
    (ii) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later than 2 business
days after the initial occurrence of the malfunction, if it wishes to
avail itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(e)(7)(i) of this section. The owner or operator may seek an extension
of this deadline for up to 30 additional days by submitting a written
request to the Administrator before the

expiration of the 45 day period. Until a request for an extension has
been approved by the Administrator, the owner or operator is subject to
the requirement to submit such report within 45 days of the initial
occurrence of the exceedance.

0
29. Section 63.563 is amended by revising paragraph (b)(1) to read as
follows:

Sec.  63.563  Compliance and performance testing.

* * * * *
    (b) * * *
    (1) Initial performance test. An initial performance test shall be
conducted using the procedures listed in Sec.  63.7 of subpart A of
this part according to the applicability in Table 1 of Sec.  63.560,
the procedures listed in this section, and the test methods listed in
Sec.  63.565. The initial performance test shall be conducted within
180 days after the compliance date for the specific affected source.
During this performance test, sources subject to MACT standards under
Sec.  63.562(b)(2), (3), (4), and (5), and (d)(2) shall determine the
reduction of HAP emissions, as VOC, for all combustion or recovery
devices other than flares. 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. 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. Sources subject to RACT
standards under Sec.  63.562(c)(3), (4), and (5), and (d)(2) shall
determine the reduction of VOC emissions for all combustion or recovery
devices other than flares.
* * * * *

0
30. Section 63.567 is amended by adding paragraphs (m) and (n) to read
as follows:

Sec.  63.567  Recordkeeping and reporting requirements.

* * * * *
    (m) The number, duration, and a brief description for each type of
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded
shall be stated in a semiannual report. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  63.562(e), including actions taken to correct a malfunction.
The report, to be certified by the owner or operator or other
responsible official, shall be submitted semiannually and delivered or
postmarked by the 30th day following the end of each calendar half.
    (n)(1) As of January 1, 2012 and within 60 days after the date of
completing each performance test, as defined in Sec.  63.2, and as
required in this subpart, you must submit performance test data, except
opacity data, electronically to EPA's Central Data Exchange by using
the ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other
compatible electronic spreadsheet. Only data collected using test
methods compatible with ERT are subject to this requirement to be
submitted electronically into EPA's WebFIRE database.
    (2) All reports required by this subpart not subject to the
requirements in paragraph (n)(1) of this section must be sent to the
Administrator at the appropriate address listed in Sec.  63.13. If
acceptable to both the Administrator and the owner or operator of a
source, these reports may be submitted on electronic media. The
Administrator retains the right to require submittal of reports subject
to paragraph (n)(1) of this section in paper format.

Subpart KK--[Amended]

0
31. Section 63.820 is amended by adding paragraph (c) to read as
follows:

Sec.  63.820  Applicability.

* * * * *
    (c) In response to an action to enforce the standards set forth in
this subpart, an owner or operator may assert an affirmative defense to
a claim for civil penalties for exceedances of such standards that are
caused by a malfunction, as defined in Sec.  63.2. Appropriate
penalties may be assessed, however, if the owner or operator fails to
meet the burden of proving all the requirements in the affirmative
defense. The affirmative defense shall not be available for claims for
injunctive relief.
    (1) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of a facility must timely meet
the notification requirements of paragraph (c)(2) of this section, and
must prove by a preponderance of evidence that:
    (i) The excess emissions were caused by a sudden, infrequent, and
unavoidable failure of air pollution control and monitoring equipment,
or a process to operate in a normal or usual manner; and could not have
been prevented through careful planning, proper design or better
operation and maintenance practices; and did not stem from any activity
or event that could have been foreseen and avoided, or planned for; and
were not part of a recurring pattern indicative of inadequate design,
operation, or maintenance;
    (ii) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs;
    (iii) The frequency, amount, and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions;
    (iv) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage;
    (v) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health;
    (vi) All emissions monitoring and control systems were kept in
operation, if at all possible, consistent with safety and good air
pollution control practices;
    (vii) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs;
    (viii) At all times, the facility was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) The owner or operator has prepared a written root cause
analysis, the purpose of which is to determine, correct and eliminate
the primary causes of the malfunction and the excess emissions
resulting from the malfunction event at issue. The analysis shall also
specify, using the best monitoring methods and engineering judgment,
the amount of excess emissions that were the result of the malfunction.
    (2) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later than 2 business
days after the initial occurrence of the malfunction, if it wishes to
avail itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation,

that it has met the requirements set forth in paragraph (c)(1) of this
section. The owner or operator may seek an extension of this deadline
for up to 30 additional days by submitting a written request to the
Administrator before the expiration of the 45 day period. Until a
request for an extension has been approved by the Administrator, the
owner or operator is subject to the requirement to submit such report
within 45 days of the initial occurrence of the exceedance.

0
32. Section 63.822 is amended by adding in alphabetical order a
definition for ``affirmative defense'' to paragraph (a) to read as
follows:

Sec.  63.822  Definitions.

    (a) * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits
of which are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *

0
33. Section 63.823 is revised to read as follows:

Sec.  63.823  Standards: General.

    (a) Table 1 to this subpart provides cross references to the 40 CFR
part 63, subpart A, general provisions, indicating the applicability of
the general provisions requirements to this subpart KK.
    (b) Each owner or operator of an affected source subject to this
subpart must at all times operate and maintain that 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. Determination of whether
such operation and maintenance procedures are being used will be based
on information available to the Administrator, which may include, but
is not limited to, monitoring results, review of operation and
maintenance procedures, review of operation and maintenance records,
and inspection of the source.

0
34. Section 63.827 is amended by adding introductory text to read as
follows:

Sec.  63.827  Performance test methods.

    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. 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.
* * * * *
0
35. Section 63.829 is amended by adding paragraphs (g) and (h) to read
as follows:

Sec.  63.829  Recordkeeping requirements.

* * * * *
    (g) Each owner or operator of an affected source subject to this
subpart shall maintain records of the occurrence and duration of each
malfunction of operation (i.e., process equipment), air pollution
control equipment, or monitoring equipment.
    (h) Each owner or operator of an affected source subject to this
subpart shall maintain records of actions taken during periods of
malfunction to minimize emissions in accordance with Sec.  63.823(b),
including corrective actions to restore malfunctioning process and air
pollution control and monitoring equipment to its normal or usual
manner of operation.

0
36. Section 63.830 is amended by:
0
a. Removing and reserving paragraph (b)(5);
0
b. Adding paragraph (b)(6)(v); and
0
c. Adding paragraph (c) to read as follows:

Sec.  63.830  Reporting requirements.

* * * * *
    (b) * * *
    (6) * * *
    (v) The number, duration, and a brief description for each type of
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded.
The report must also include a description of actions taken by an owner
or operator during a malfunction of an affected source to minimize
emissions in accordance with Sec.  63.823(b), including actions taken
to correct a malfunction.
    (c)(1) As of January 1, 2012, and within 60 days after the date of
completing each performance test, as defined in Sec.  63.2 and as
required in this subpart, you must submit performance test data, except
opacity data, electronically to EPA's Central Data Exchange by using
the ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other
compatible electronic spreadsheet. Only data collected using test
methods compatible with ERT are subject to this requirement to be
submitted electronically into EPA's WebFIRE database.
    (2) All reports required by this subpart not subject to the
requirements in paragraph (c)(1) of this section must be sent to the
Administrator at the appropriate address listed in Sec.  63.13. If
acceptable to both the Administrator and the owner or operator of a
source, these reports may be submitted on electronic media. The
Administrator retains the right to require submittal of reports subject
to paragraph (c)(1) of this section in paper format.

0
37. Table 1 to Subpart KK of part 63 is amended by:
0
a. Removing entry 63.6(e);
0
b. Adding entries 63.6(e)(1)(i), 63.6(e)(1)(ii); 63.6(e)(1)(iii),
63.6(e)(2), and 63.6(e)(3);
0
c. Removing entry 63.6(f);
0
d. Adding entries 63.6(f)(1) and 63.6(f)(2)-(f)(3);
0
e. Removing entry 63.7;
0
f. Adding entries 63.7(a)-(d), 63.7(e)(1), and 63.7(e)(2)-(e)(4);
0
g. Removing entry 63.8(d)-(f);
0
h. Adding entries 63.8(d)(1)-(2), 63.8(d)(3), and 63.8(e)-(f);
0
i. Removing entries 63.10(b)(1)-(b)(3), 63.10(c)(10)-(c)(15), and
63.10(d)(4)-(d)(5);
0
j. Adding entries 63.10(b)(1), 63.10(b)(2)(i), 63.10(b)(2)(ii),
63.10(b)(2)(iii), 63.10(b)(2)(iv)-(b)(2)(v), 63.10(b)(2)(vi)-
(b)(2)(xiv), 63.10(b)(3), 63.10(c)(10), 63.10(c)(11), 63.10(c)(12)-
(c)(14), 63.10(c)(15), 63.10(d)(4), and 63.10(d)(5) to read as follows:

Table 1 to Subpart KK of Part 63--Applicability of General Provisions to
                               Subpart KK
------------------------------------------------------------------------
                                  Applicable to
  General provisons reference       subpart KK            Comment
------------------------------------------------------------------------

                              * * * * * * *
Sec.   63.6(e)(1)(i)..........  No...............  See 63.823(b) for
                                                    general duty
                                                    requirement. Any
                                                    cross-reference to
                                                    63.6(e)(1)(i) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.823(b).

Sec.   63.6(e)(1)(ii).........  No...............
Sec.   63.6(e)(1)(iii)........  Yes.               .....................
Sec.   63.6(e)(2).............  No...............  Section reserved.
Sec.   63.6(e)(3).............  No...............
Sec.   63.6(f)(1).............  No...............
Sec.   63.6(f)(2)-(f)(3)......  Yes.               .....................

                              * * * * * * *
Sec.   63.7(a)-(d)............  Yes.               .....................
Sec.   63.7(e)(1).............  No...............  See 63.827
                                                    introductory text.
                                                    Any cross-reference
                                                    to 63.7(e)(1) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to 63.827
                                                    introductory text.
Sec.   63.7(e)(2)-(e)(4)......  Yes.               .....................

                              * * * * * * *
Sec.   63.8(d)(1)-(2).........  Yes.               .....................
Sec.   63.8(d)(3).............  Yes, except for    .....................
                                 last sentence.
Sec.   63.8(e)-(f)............  Yes.               .....................

                              * * * * * * *
Sec.   63.10(b)(1)............  Yes.               .....................
Sec.   63.10(b)(2)(i).........  No.                .....................
Sec.   63.10(b)(2)(ii)........  No...............  See 63.829(g) for
                                                    recordkeeping of
                                                    occurrence and
                                                    duration of
                                                    malfunctions. See
                                                    63.829(h) for
                                                    recordkeeping of
                                                    actions taken during
                                                    malfunction. Any
                                                    cross-reference to
                                                    63.10(b)(2)(ii) in
                                                    any other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.829(g).
Sec.   63.10(b)(2)(iii).......  Yes.               .....................
Sec.   63.10(b)(2)(iv)-         No.                .....................
 (b)(2)(v).
Sec.   63.10(b)(2)(vi)-         Yes.               .....................
 (b)(2)(xiv).
Sec.   63.10(b)(3)............  Yes.               .....................

                              * * * * * * *
Sec.   63.10(c)(10)...........  No...............  See 63.830(b)(6)(v)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    63.10(c)(10) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.830(b)(6)(v).
Sec.   63.10(c)(11)...........  No...............  See 63.830(b)(6)(v)
                                                    for reporting
                                                    malfunctions. Any
                                                    cross-reference to
                                                    63.10(c)(11) in any
                                                    other general
                                                    provision
                                                    incorporated by
                                                    reference shall be
                                                    treated as a cross-
                                                    reference to
                                                    63.830(b)(6)(v).
Sec.   63.10(c)(12)-(c)(14)...  Yes.               .....................
Sec.   63.10(c)(15)...........  No.                .....................

                              * * * * * * *
Sec.   63.10(d)(4)............  Yes.               .....................
Sec.   63.10(d)(5)............  No.                .....................

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

Subpart GGG--[Amended]

0
38. Section 63.1250 is amended by revising paragraph (g) to read as
follows:

Sec.  63.1250  Applicability.

* * * * *
    (g) Applicability of this subpart. (1) Each provision set forth in
this subpart shall apply at all times, except that the provisions set
forth in Sec.  63.1255 of this subpart shall not apply during periods
of nonoperation of the PMPU (or specific portion thereof) in which the
lines are drained and depressurized resulting in the cessation of the
emissions to which Sec.  63.1255 of this subpart applies.
    (2) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with the emissions
limitations of this subpart during times when emissions (or, where
applicable, wastewater streams or residuals) are being routed to such
items of equipment, if the shutdown would contravene emissions
limitations of this subpart applicable to such items of equipment. This
paragraph does not apply if the owner or operator must shut down the
equipment to avoid damage to a PMPU or portion thereof.
    (3) At all times, each owner or operator must operate and maintain
any affected source subject to the requirements of this subpart,
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 or operator to make any
further efforts to reduce emissions if levels required by this standard
have been achieved. Determination of whether such operation and
maintenance procedures are being used 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.

    (4) In response to an action to enforce the standards set forth in
this subpart, an owner or operator may assert an affirmative defense to
a claim for civil penalties for exceedances of such standards that are
caused by a malfunction, as defined in Sec.  63.2. Appropriate
penalties may be assessed, however, if owner or operator fails to meet
the burden of proving all the requirements in the affirmative defense.
The affirmative defense shall not be available for claims for
injunctive relief.
    (i) To establish the affirmative defense in any action to enforce
such a limit, the owners or operators of a facility must timely meet
the notification requirements of paragraph (g)(4)(ii) of this section,
and must prove by a preponderance of evidence that:
    (A) The excess emissions were caused by a sudden, infrequent, and
unavoidable failure of air pollution control and monitoring equipment,
or a process to operate in a normal and usual manner; and could not
have been prevented through careful planning, proper design, or better
operation and maintenance practices; and did not stem from any activity
or event that could have been foreseen and avoided, or planned for; and
were not part of a recurring pattern indicative of inadequate design,
operation, or maintenance;
    (B) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs;
    (C) The frequency, amount, and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions;
    (D) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage;
    (E) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health;
    (F) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices;
    (G) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs;
    (H) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
    (I) The owner or operator has prepared a written root cause
analysis, the purpose of which is to determine, correct, and eliminate
the primary causes of the malfunction and the excess emissions
resulting from the malfunction event at issue. The analysis shall also
specify, using the best monitoring methods and engineering judgment,
the amount of excess emissions that were the result of the malfunction.
    (ii) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later than 2 business
days after the initial occurrence of the malfunction, if it wishes to
avail itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(g)(4)(i) of this section. The owner or operator may seek an extension
of this deadline for up to 30 additional days by submitting a written
request to the Administrator before the expiration of the 45 day
period. Until a request for an extension has been approved by the
Administrator, the owner or operator is subject to the requirement to
submit such report within 45 days of the initial occurrence of the
exceedance.
* * * * *

0
39. Section 63.1251 is amended by adding in alphabetical order a
definition for ``affirmative defense'' to read as follows:

Sec.  63.1251  Definitions.

* * * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits
of which are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *

0
40. Section 63.1255 is amended by revising paragraph (g)(4)(v)(A) to
read as follows:

Sec.  63.1255  Standards: Equipment leaks.

* * * * *
    (g) * * *
    (4) * * *
    (v) * * *
    (A) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures shall be included in a document that is maintained at the
plant site. Reasons for delay of repair may be documented by citing the
relevant sections of the written procedure.
* * * * *

0
41. Section 63.1256 is amended by revising paragraph (a)(4)(i)
introductory text, and removing paragraphs (a)(4)(iii) and (iv) to read
as follows:

Sec.  63.1256  Standards: Wastewater.

    (a) * * *
    (4) * * *
    (i) The owner or operator shall prepare a description of
maintenance procedures for management of wastewater generated from the
emptying and purging of equipment in the process during temporary
shutdowns for inspections, maintenance, and repair (i.e., a maintenance
turnaround) and during periods which are not shutdowns (i.e., routine
maintenance). The descriptions shall be included in a document that is
maintained at the plant site and shall:
* * * * *

0
42. Section 63.1257 is amended by revising paragraph (a) introductory
text and the first sentence of paragraph (e)(2)(iii)(A)(6)(ii) to read
as follows:

Sec.  63.1257  Test methods and compliance procedures.

    (a) General. Except as specified in paragraph (a)(5) of this
section, the procedures specified in paragraphs (c), (d), (e), and (f)
of this section are required to demonstrate initial compliance with
Sec. Sec.  63.1253, 63.1254, 63.1256, and 63.1252(e), respectively. The
provisions in paragraphs (a)(2) and (3) apply to performance tests that
are specified in paragraphs (c), (d), and (e) of this section. The
provisions in paragraph (a)(5) of this section are used to demonstrate
initial compliance with the alternative standards specified in
Sec. Sec.  63.1253(d) and 63.1254(c). The provisions in paragraph
(a)(6) of this section are used to comply with the outlet concentration
requirements specified in Sec. Sec.  63.1253(c), 63.1254(a)(2)(i), and
(a)(3)(ii)(B), 63.1254(b)(i), and 63.1256(h)(2). Performance tests
shall be conducted under such conditions representative of performance
of the affected source for the period being tested. 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.
* * * * *
    (e) * * *
    (2) * * *
    (iii) * * *
    (A) * * *
    (6) * * *
    (ii) The owner or operator may consider the inlet to the
equalization tank as the inlet to the biological treatment process if
the wastewater is conveyed by hard-piping from either the last previous
treatment process or the point of determination to the equalization
tank; and the wastewater is conveyed from the equalization tank
exclusively by hard-piping to the biological treatment process and no
treatment processes or other waste management units are used to store,
handle, or convey the wastewater between the equalization tank and the
biological treatment process; and the equalization tank is equipped
with a fixed roof and a closed-vent system that routes emissions to a
control device that meets the requirements of Sec.  63.1256(b)(1)(i)
through (iv) and Sec.  63.1256(b)(2)(i). * * *
* * * * *

Sec.  63.1258  [Amended]

0
43. Section 63.1258 is amended by removing paragraph (b)(8)(iv).

0
44. Section 63.1259 is amended by revising paragraph (a)(3) to read as
follows:

Sec.  63.1259  Recordkeeping requirements.

* * * * *
    (a) * * *
    (3) Malfunction records. Each owner or operator of an affected
source subject to this subpart shall maintain records of the occurrence
and duration of each malfunction of operation (i.e., process
equipment), air pollution control equipment, or monitoring equipment.
Each owner or operator shall maintain records of actions taken during
periods of malfunction to minimize emissions in accordance with Sec.
63.1250(g)(3), including corrective actions to restore malfunctioning
process and air pollution control and monitoring equipment to its
normal or usual manner of operation.
* * * * *

0
45. Section 63.1260 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (i); and
0
c. Adding paragraph (n) to read as follows:

Sec.  63.1260  Reporting requirements.

* * * * *
    (a) The owner or operator of an affected source shall comply with
the reporting requirements of paragraphs (b) through (n) of this
section. Applicable reporting requirements of Sec. Sec.  63.9 and 63.10
are also summarized in Table 1 of this subpart.
* * * * *
    (i) The owner or operator shall submit a report of the number,
duration, and a brief description for each type of malfunction which
occurred during the reporting period and which caused or may have
caused any applicable emission limitation to be exceeded. The report
must also include a description of actions taken by an owner or
operator during a malfunction of an affected source to minimize
emissions in accordance with Sec.  63.1250(g)(3), including actions
taken to correct a malfunction. The report shall be submitted on the
same schedule as the periodic reports required under paragraph (g) of
this section.
* * * * *
    (n)(1) As of January 1, 2012, and within 60 days after the date of
completing each performance test, as defined in Sec.  63.2 and as
required in this subpart, you must submit performance test data, except
opacity data, electronically to EPA's Central Data Exchange by using
the ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other
compatible electronic spreadsheet. Only data collected using test
methods compatible with ERT are subject to this requirement to be
submitted electronically into EPA's WebFIRE database.
    (2) All reports required by this subpart not subject to the
requirements in paragraphs (n)(1) of this section must be sent to the
Administrator at the appropriate address listed in Sec.  63.13. If
acceptable to both the Administrator and the owner or operator of a
source, these reports may be submitted on electronic media. The
Administrator retains the right to require submittal of reports subject
to paragraph (n)(1) of this section in paper format.

0
46. Table 1 to Subpart GGG is amended by:
0
a. Removing entry 63.6(e);
0
b. Adding entries 63.6(e)(1)(i), 63.6(e)(1)(ii), 63.6(e)(1)(iii),
63.6(e)(2), and 63.6(e)(3);
0
c. Removing entry 63.6(f)-(g);
0
d. Adding entries 63.6(f)(1), 63.6(f)(2)-(3), 63.6(g);
0
e. Removing entry 63.7(e);
0
f. Adding entries 63.7(e)(1) and 63.7(e)(2)-(4);
0
g. Removing entry 63.8(d);
0
h. Adding entries 63.8(d)(1)-(2) and 63.8(d)(3).
0
i. Removing entry 63.10(c)-(d)(2);
0
j. Adding entries 63.10(c)(1)-(9), 63.10(c)(10), 63.10(c)(11),
63.10(c)(12)-(14), 63.10(c)(15), and 63.10(d)(1)-(2);
0
k. Removing entry 63.10(d)(4-5); and
0
l. Adding entries 63.10(d)(4) and 63.10(d)(5) to read as follows:

               Table 1 to Subpart GGG of Part 63--General Provisions Applicability to Subpart GGG
----------------------------------------------------------------------------------------------------------------
                                        Summary of
   General provisions reference        requirements         Applies to  subpart GGG             Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.6(e)(1)(i).............  Requirements during  No............................  See 63.1250(g)(3) for
                                    periods of                                           general duty
                                    startup, shutdown,                                   requirement. Any cross-
                                    and malfunction.                                     reference to
                                                                                63.6(e)(1)(i) in any
                                                                                other general provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.1250(g)(3).
Sec.   63.6(e)(1)(ii)............  Malfunction          No.                             ........................
                                    correction
                                    requirements.
Sec.   63.6(e)(1)(iii)...........  Enforceability of    Yes.                            ........................
                                    operation and
                                    maintenance
                                    requirements.
Sec.   63.6(e)(2)................  Reserved...........  No............................  Section reserved.
Sec.   63.6(e)(3)................  Startup, shutdown,   No.                             ........................
                                    and malfunction
                                    plan requirements.

                                                  * * * * * * *
63.6(f)(1).......................  Applicability of     No.                             ........................
                                    nonopacity
                                    emission standards.
63.6(f)(2)-(3)...................  Methods of           Yes.                            ........................
                                    determining
                                    compliance and
                                    findings
                                    compliance.
63.6(g)..........................  Use of an            Yes.                            ........................
                                    alternative
                                    nonopacity
                                    emission standard.

                                                  * * * * * * *
63.7(e)(1).......................  Conduct of           No............................  See 63.1257(a) text. Any
                                    performance tests.                                   cross-reference to
                                                                                63.7(e)(1) in any other
                                                                                general provision
                                                                                incorporated by
                                                                                reference shall be
                                                                                treated as a cross-
                                                                                reference to
                                                                                63.1257(a).
63.7(e)(2)-(4)...................  Performance tests    Yes.                            ........................
                                    requirements.

                                                  * * * * * * *
63.8(d)(1)-(2)...................  CMS quality control  Yes.                            ........................
                                    program
                                    requirements.
63.8(d)(3).......................  CMS quality control  Yes, except for last sentence.  ........................
                                    program
                                    recordkeeping
                                    requirements.

                                                  * * * * * * *
63.10(c)(1)-(9)..................  Additional           Yes.                            ........................
                                    recordkeeping
                                    requirements for
                                    sources with
                                    continuous
                                    monitoring systems.
63.10(c)(10).....................  Malfunction          No............................  Subpart GGG specifies
                                    recordkeeping                                        recordkeeping
                                    requirement.                                         requirements.
63.10(c)(11).....................  Malfunction          No............................  Subpart GGG specifies
                                    corrective action                                    recordkeeping
                                    recordkeeping                                        requirements.
                                    requirement.
63.10(c)(12)-(14)................  Additional           Yes.                            ........................
                                    recordkeeping
                                    requirements for
                                    sources with
                                    continuous
                                    monitoring systems.
63.10(c)(15).....................  Additional SSM       No.                             ........................
                                    recordkeeping
                                    requirements.

                                                  * * * * * * *
63.10(d)(1)-(2)..................  General reporting    Yes.                            ........................
                                    requirements.

                                                  * * * * * * *
63.10(d)(4)......................  Progress report      Yes.                            ........................
                                    requirements.
63.10(d)(5)......................  Startup, shutdown,   No............................  Subpart GGG specifies
                                    and malfunction                                      reporting requirements.
                                    report
                                    requirements.

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

[FR Doc. 2011-8168 Filed 4-20-11; 8:45 am]
BILLING CODE 6560-50-P