I. Technical Corrections

    Comment: Six commenters objected to the proposed revision to base
CMPU applicability on a collective 0.1 percent by weight (for
carcinogens) or 1.0 percent by weight (for non-carcinogens)
concentration, rather than an individual compound concentration. The
commenters stated that this proposed change goes beyond being a
``technical correction'' as described in the proposal preamble, as it
would significantly expand the scope of the rule and increase the
compliance burden for facilities.
    Two commenters stated that going to a collective HAP concentration
would be inconsistent with the Toxics Release Inventory and the
Occupational Safety and Health Administration Hazard Communication
rules upon which the 0.1 percent and 1.0 percent thresholds were based
and would be inconsistent with the definition of ``product'' in the
CMAS rule.

    Three commenters also noted that by having to use the collective
concentration, facilities would no longer be able to use MSDS to
determine applicability because MSDS are not provided for compounds at
concentrations below 0.1 percent.
    Response: The EPA agrees with the commenters that it is not
appropriate to use a collective HAP concentration in determining
applicability. It was not the EPA's intent to expand the applicability
of the CMAS rule, but rather to clarify when it applied. As explained
above and in section IV.F of this preamble, the commenters brought up
numerous issues that the EPA had not considered when proposing this
revision that would make determining applicability and complying with
the rule extremely difficult. The expansion of the applicability was
inadvertent and the final rule has not been revised as proposed.
    Comment: Five commenters objected to the proposed revision to
determine CMPU applicability based on a collective 50 ppmv
concentration. The commenters state that, similar to the proposed
revision to the 0.1/1.0 percent thresholds, this revision would
significantly expand the scope of the rule, as 50 ppmv is a much lower
concentration than the 0.1/1.0 percent concentration thresholds that
had already been established. Additionally, the commenters stated that
facilities would no longer be able to rely upon MSDS for determining
applicability and the revision goes beyond being a ``technical
correction'' as described in the proposal preamble.
    Response: The EPA agrees with the commenters that it is not
appropriate to establish a collective 50 ppmv concentration threshold
for determining applicability. It was not the EPA's intent to expand
the applicability of the CMAS rule, but rather to make the
applicability consistent with the definitions of batch and continuous
process vents. As explained above and in section IV.F of this preamble,
the commenters brought up numerous issues that the EPA had not
considered when proposing this revision, which would have inadvertently
expanded the applicability of the rule. The expansion of the
applicability was inadvertent and the EPA has not revised the final
rule as proposed.

VI. What other actions are we taking?

    In addition to requesting reconsideration of the above issues, the
petition for reconsideration also requested the EPA take comment on
three additional issues: (1) A de minimis exemption for all sources
potentially subject to the rule; (2) a Petitioner proposed
interpretation of the CAA section 112(c)(7) definition of ``research or
laboratory facilities'' that would include commercial development
activities; and (3) a pollution prevention alternative. The EPA is
denying reconsideration of these issues because they failed to meet the
standard for reconsideration under CAA section 307(d)(7)(B), and the
EPA determined that reconsideration was not otherwise appropriate.
Specifically, on these issues, the Petitioners have failed to show the
following: That it was impracticable to raise their objections during
the comment period; and/or that their concern is of central relevance
to the outcome of the rules. We have concluded that no clarifications
to the underlying rules are warranted for these issues.
    Section 307(d)(7)(B) of the CAA states that ``[o]nly an objection
to a rule or procedure which was raised with reasonable specificity
during the period for public comment (including any public hearing) may
be raised during judicial review. If the person raising an objection
can demonstrate to the Administrator that it was impracticable to raise
such objection within such time or if the grounds for such objection
arose after the period for public comment (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule, the Administrator shall convene a
proceeding for reconsideration of the rule and provide the same
procedural rights as would have been afforded had the information been
available at the time the rule was proposed. If the Administrator
refuses to convene such a proceeding, such person may seek review of
such refusal in the United States court of appeals for the appropriate
circuit (as provided in subsection (b)).''
    As to the first procedural criterion for reconsideration, a
petitioner must show why the issue could not have been presented during
the comment period, either because it was impracticable to raise the
issue during that time or because the grounds for the issue arose after
the period for public comment (but within 60 days of publication of the
final action). In the EPA's view, an objection is of central relevance
to the outcome of the rule only if it provides substantial support for
the argument that the promulgated regulation should be revised. See,
e.g., the EPA's Denial of the Petition to Reconsider the Endangerment
and Cause of Contribute Findings for the Greenhouse Gases under Section
202 of the Clean Air Act, 75 FR 49561 (August 13, 2010). See also, 75
FR 49556, 49560-49563 (August 13, 2010), and 76 FR 4780, 4786-4788
(January 26, 2011) for additional discussion of the standard for
reconsideration under CAA section 307(d)(7)(B).

A. De Minimis Exemption

    Petitioners stated that the EPA should revise the CMAS final rule
to include an across-the-board de minimis exemption for sources. The
Petitioners argued that reconsideration would allow commenters to
explain how, even with a de minimis exemption, the EPA could meet its
statutory obligations.
    This issue was contained in public comments submitted in response
to the CMAS proposed rule published on October 6, 2008 (73 FR 58352).
The EPA's responses to the comments are presented in section V.A of the
preamble to the final rule (74 FR 56016-56018) and section 3.2 (pp. 3-
3-3-4) of the October 2009 Response to Comments Regarding National
Emission Standards for Hazardous Air Pollutants for Chemical
Manufacturing Area Sources document (See Docket Item No. EPA-HQ-OAR-
2008-0334-0087).
    The comments received on this issue demonstrate that the public had
ample opportunity to comment on this issue and indeed did so. The EPA
responded to those comments and sees no substantive reason to revisit
this issue. Therefore, because the Petitioners did not demonstrate that
it was impracticable to comment on this issue during the comment period
on the proposed rule and the Petitioners did comment on it during the
comment period for the 2008 proposal, the EPA is denying
reconsideration of this issue.

B. Research and Development Interpretation

    Petitioners stated that the EPA should take comment on an
interpretation of ``research and laboratory facility'' in the CMAS
final rule that would exempt equipment associated with ``research'' or
``laboratory'' activities as those terms are defined by the
Petitioners. The Petitioners were concerned that, without an
interpretation of the CAA section 112(c)(7) exemption for research and
development facilities, the CMAS rule may pose a substantial compliance
challenge for some sources.
    This issue was contained in public comments submitted in response
to the CMAS proposed rule published on October 6, 2008 (73 FR 58352).
The EPA's responses to the comments are presented in section 3.5.3 (pp.
3-11) of the October 2009 Response to Comments Regarding National
Emission Standards for Hazardous Air Pollutants

for Chemical Manufacturing Area Sources document (See Docket Item No.
EPA-HQ-OAR-2008-0334-0087).
    The comments received on this issue demonstrate that the public had
ample opportunity to comment on this issue and indeed did so. The EPA
responded to those comments and sees no substantive reason to revisit
this issue. Therefore, because the Petitioners did not demonstrate that
it was impracticable to comment on this issue during the comment period
on the proposed rule and the Petitioners did comment on it during the
comment period for the 2008 proposal, the EPA is denying
reconsideration of this issue.

C. Pollution Prevention Alternative

    Petitioners stated that the EPA should revise the CMAS final rule
to include a pollution prevention alternative. The Petitioners argued
that there would be broad interest in this alternative and that data
would be made available for the EPA to specify requirements for such an
alternative.
    This issue was contained in public comments submitted in response
to the CMAS proposed rule published on October 6, 2008 (73 FR 58352).
The EPA's responses to the comments are presented in section 4.7 (pp.
4-7--4-8) of the October 2009 Response to Comments Regarding National
Emission Standards for Hazardous Air Pollutants for Chemical
Manufacturing Area Sources document (See Docket Item No. EPA-HQ-OAR-
2008-0334-0087).
    The comments received on this issue demonstrate that the public had
ample opportunity to comment on this issue, and indeed did so. The EPA
responded to those comments and sees no substantive reason to revisit
this issue. Therefore, because the Petitioners did not demonstrate that
it was impracticable to comment on this issue during the comment period
on the proposed rule and the Petitioners did comment on it during the
comment period for the 2008 proposal, the EPA is denying
reconsideration of this issue.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it may raise
novel legal or policy issues. Accordingly, the EPA submitted this
action to the Office of Management and Budget (OMB) for review under
Executive Order 12866 and Executive Order 13563 (76 FR 3821, January
21, 2011), and any changes made in response to OMB recommendations have
been documented in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in this final rule have
been submitted for approval to the OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501, et seq. The Information Collection Request (ICR)
document prepared by the EPA has been assigned EPA ICR Number 2323.05.
The information collection requirements are not enforceable until OMB
approves them.
    The information requirements are based on notification,
recordkeeping and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to the EPA
pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to agency
policies set forth in 40 CFR part 2, subpart B.
    For this final rule, the 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, the EPA has
provided administrative adjustments to this ICR to show what the
notification, recordkeeping and reporting requirements associated with
the assertion of the affirmative defense might entail. The EPA's
estimate for the required notification, reports and records for any
individual incident, including the root cause analysis, totals $2,958
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 emissions
limit. The estimate also includes time to produce and retain the record
and reports for submission to the EPA. The 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 the 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
emissions 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, subpart
VVVVVV 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.
    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 the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When this ICR
is approved by OMB, the agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in this
final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedures
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 impacts of this final rule 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 (less than 500, 750 or 1,000 employees, depending on the
specific NAICS Code under subcategory 325); (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 that is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any new requirements on any small entities because
it does not impose any additional regulatory requirements beyond those
already promulgated.

D. Unfunded Mandates Reform Act

    This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local or tribal governments or the private sector.
This final rule imposes no enforceable duty on any state, local or
tribal governments or the private sector. Therefore, this final rule is
not subject to the requirements of sections 202 and 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This rule finalizes
amendments to aid with compliance but does not change the level of the
standards in the rule.

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. This final rule will not impose
direct compliance costs on state or local governments and will not
preempt state law. Thus, Executive Order 13132 does not apply to this
action.

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

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

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
final rule is not subject to Executive Order 13045 because it is based
solely on technology performance. Further, this action does not relax
the control measures on sources regulated by the final rule, and,
therefore, will maintain the level of environmental protection.

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 effect on the supply, distribution
or use of energy. Further, this action does not change the level of
standards already in place.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995, Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)
directs the 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. The
NTTAA directs the EPA to provide Congress, through OMB, explanations
when the agency decides not use available and applicable VCS.
    This final rulemaking does not involve technical standards.
Therefore, the 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.
    The EPA has determined that this final rule, as amended, will not
have disproportionately high and adverse human health or environmental
effects on minority or low-income populations because the rule
amendments maintain the level of environmental protection for all
affected populations without having any disproportionately high and
adverse human health or environmental effects on any population,
including any minority or low-income population. This action does not
relax the control measures on sources regulated by the final rule, and,
therefore, will not cause emissions increases from these 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 this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective December 21, 2012.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances.

    Dated: December 14, 2012.
Lisa P. Jackson,
Administrator.

    For the reasons cited in the preamble, title 40, chapter I, part 63
of the Code

of Federal Regulations is amended 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 VVVVVV--[AMENDED]

0
2. Lift the stay of subpart VVVVVV published October 25, 2012 (77 FR
65135).

0
3. In Sec.  63.11494, lift the stay on paragraph (e) published March
14, 2011 (76 FR 13514).

0
4. Section 63.11494 is amended by:
0
a. Revising paragraph (a);
0
b. Adding paragraph (c)(1)(vii);
0
c. Revising the last sentence in paragraph (d) introductory text;
0
d. Revising paragraphs (e) and (f) to read as follows:

Sec.  63.11494  What are the applicability requirements and compliance
dates?

    (a) Except as specified in paragraph (c) of this section, you are
subject to this subpart if you own or operate a chemical manufacturing
process unit (CMPU) that meets the conditions specified in paragraphs
(a)(1) and (2) of this section.
    (1) The CMPU is located at an area source of hazardous air
pollutant (HAP) emissions.
    (2) HAP listed in Table 1 to this subpart (Table 1 HAP) are present
in the CMPU, as specified in paragraph (a)(2)(i), (ii), (iii), or (iv)
of this section.
    (i) The CMPU uses as feedstock, any material that contains
quinoline, manganese, and/or trivalent chromium at an individual
concentration greater than 1.0 percent by weight, or any other Table 1
HAP at an individual concentration greater than 0.1 percent by weight.
To determine the Table 1 HAP content of feedstocks, you may rely on
formulation data provided by the manufacturer or supplier, such as the
Material Safety Data Sheet (MSDS) for the material. If the
concentration in an MSDS is presented as a range, use the upper bound
of the range.
    (ii) Quinoline is generated as byproduct and is present in the CMPU
in any liquid stream (process or waste) at a concentration greater than
1.0 percent by weight.
    (iii) Hydrazine and/or Table 1 organic HAP other than quinoline are
generated as byproduct and are present in the CMPU in any liquid stream
(process or waste), continuous process vent, or batch process vent at
an individual concentration greater than 0.1 percent by weight.
    (iv) Hydrazine or any Table 1 HAP is produced as a product of the
CMPU.
* * * * *
    (c) * * *
    (1) * * *
    (vii) Lead oxide production at Lead Acid Battery Manufacturing
Facilities, subject to subpart PPPPPP of this part.
* * * * *
    (d) * * * A CMPU using only Table 1 metal HAP is required to
control only total CAA section 112(b) metal HAP in accordance with
Sec.  63.11495 and, if applicable, Sec.  63.11496(f).
* * * * *
    (e) Any area source that installed a federally-enforceable control
device on an affected CMPU is required to obtain a permit under 40 CFR
part 70 or 40 CFR part 71 if the control device on the affected CMPU is
necessary to maintain the source's emissions at area source levels. For
new and existing sources subject to this rule on December 21, 2012 and
subject to title V as a result of this rule, a complete title V permit
application must be submitted no later than December 21, 2013. New and
existing sources that become subject to this rule after December 21,
2012 must submit a complete title V permit application no later than 12
months after becoming subject to this rule if the source is subject to
title V as a result of this rule. Otherwise, you are exempt from the
obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71,
provided you are not otherwise required by law to obtain a permit under
40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous
sentence, you must continue to comply with the provisions of this
subpart.
    (f) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart no
later than March 21, 2013.
* * * * *

0
5. Section 63.11495 is amended by:
0
a. Revising paragraphs (a)(1) and (a)(3);
0
b. Adding paragraph (c) heading; and
0
c. Adding paragraph (d) to read as follows:

Sec.  63.11495  What are the management practices and other
requirements?

    (a) * * *
    (1) Each process vessel must be equipped with a cover or lid that
must be closed at all times when it is in organic HAP service or metal
HAP service, except for manual operations that require access, such as
material addition and removal, inspection, sampling and cleaning. This
requirement does not apply to process vessels containing only metal HAP
that are in a liquid solution or other form that will not result in
particulate emissions of metal HAP (e.g., metal HAP that is in ingot,
paste, slurry, or moist pellet form or other form).
* * * * *
    (3) You must conduct inspections of process vessels and equipment
for each CMPU in organic HAP service or metal HAP service, as specified
in paragraphs (a)(3)(i) through (v) of this section, to demonstrate
compliance with paragraph (a)(1) of this section and to determine that
the process vessels and equipment are sound and free of leaks.
Alternatively, except when the subject CMPU contains metal HAP as
particulate, inspections may be conducted while the subject process
vessels and equipment are in VOC service, provided that leaks can be
detected when in VOC service.
    (i) Inspections must be conducted at least quarterly.
    (ii) For these inspections, detection methods incorporating sight,
sound, or smell are acceptable. Indications of a leak identified using
such methods constitute a leak unless you demonstrate that the
indications of a leak are due to a condition other than loss of HAP. If
indications of a leak are determined not to be HAP in one quarterly
monitoring period, you must still perform the inspection and
demonstration in the next quarterly monitoring period.
    (iii) As an alternative to conducting inspections, as specified in
paragraph (a)(3)(ii) of this section, you may use Method 21 of 40 CFR
part 60, appendix A-7, with a leak definition of 500 ppmv to detect
leaks. You may also use Method 21 with a leak definition of 500 ppmv to
determine if indications of a leak identified during an inspection
conducted in accordance with paragraph (a)(3)(ii) of this section are
due to a condition other than loss of HAP. The procedures in this
paragraph (a)(3)(iii) may not be used as an alternative to the
inspection required by paragraph (a)(3)(ii) of this section for process
vessels that contain metal HAP as particulate.
    (iv) Inspections must be conducted while the subject CMPU is
operating.
    (v) No inspection is required in a calendar quarter during which
the subject CMPU does not operate for the entire calendar quarter and
is not in organic HAP service or metal HAP service. If the CMPU
operates at all during a calendar quarter, an inspection is required.
* * * * *
    (c) Startup, shutdown and malfunction. * * *

    (d) General duty. At all times, you must operate and maintain any
affected CMPU, 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 CMPU.

0
6. Section 63.11496 is amended by:
0
a. Revising the last sentence in paragraph (c);
0
b. Revising paragraphs (d) and (e) introductory texts;
0
c. Adding paragraph (e)(6);
0
d. Adding a sentence to the end of paragraph (f) introductory text;
0
e. Revising paragraphs (f)(3)(i)(C), (f)(3)(ii), and (g)(1);
0
f. Revising the first sentence in paragraph (g)(2); and
0
g. Revising paragraphs (g)(4)(i) and (g)(5).
    The additions and revisions read as follows:

Sec.  63.11496  What are the standards and compliance requirements for
process vents?

* * * * *
    (c) * * * The TRE index value for continuous process vents and the
annual emissions from batch process vents shall be determined for the
individual streams before they are combined, and prior to any control
(e.g., by subtracting any emission contributions from storage tanks,
continuous process vents or batch process vents, as applicable), in
order to determine the most stringent applicable requirements.
    (d) Halogenated streams. You must determine if an emission stream
is a halogenated vent stream by calculating the mass emission rate of
halogen atoms in accordance with Sec.  63.115(d)(2)(v). Alternatively,
you may elect to designate the emission stream as halogenated. If you
use a combustion device to comply with the emission limits for organic
HAP from a halogenated batch process vent or a halogenated continuous
process vent, you must use a halogen reduction device to meet the
emission limit in either paragraph (d)(1) or (d)(2) of this section and
in accordance with Sec.  63.994 and the requirements referenced
therein.
* * * * *
    (e) Alternative standard for organic HAP. Exceptions to the
requirements for the alternative standard requirements specified in
Tables 2 and 3 to this subpart and Sec.  63.2505 are specified in
paragraphs (e)(1) through (6) of this section.
* * * * *
    (6) CEMS requirements and data reduction requirements for CEMS
specified in Sec.  63.2450(j) apply.
* * * * *
    (f) Emissions from metal HAP process vents. * * * The requirements
of this paragraph (f) do not apply to metal HAP process vents from CMPU
containing only metal HAP that are in a liquid solution or other form
that will not result in particulate emissions of metal HAP (e.g., metal
HAP that is in ingot, paste, slurry, or moist pellet form or other
form).
* * * * *
    (3) * * *
    (i) * * *
    (C) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system (CMS).
* * * * *
    (ii) You must conduct a performance test or an engineering
assessment for each CMPU subject to a HAP metals emissions limit in
Table 4 to this subpart and report the results in your Notification of
Compliance Status (NOCS). Each performance test or engineering
assessment must be conducted under representative operating conditions,
and sampling for each performance test must be conducted at both the
inlet and outlet of the control device. Upon request, you shall make
available to the Administrator such records as may be necessary to
determine the conditions of performance tests. If you own or operate an
existing affected source, you are not required to conduct a performance
test if a prior performance test was conducted within the 5 years prior
to the effective date using the same methods specified in paragraph
(f)(3)(iii) of this section, and, either no process changes have been
made since the test, or, if you can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance despite process changes.
* * * * *
    (g) * * *
    (1) Requirements for performance tests. (i) The requirements
specified in Sec.  63.2450(g)(1) through (4) apply instead of, or in
addition to, the requirements specified in 40 CFR part 63, subpart SS.
    (ii) Upon request, you shall make available to the Administrator,
such records as may be necessary to determine the conditions of
performance tests.
    (2) Design evaluation. To determine initial compliance with a
percent reduction or outlet concentration emission limit, you may elect
to conduct a design evaluation as specified in Sec.  63.1257(a)(1)
instead of a performance test as specified in subpart SS of this part
63. * * *
* * * * *
    (4) * * *
    (i) You may measure pH or caustic strength of the scrubber effluent
at least once per day for any halogen scrubber within a CMPU subject to
this rule.
* * * * *
    (5) Startup, shutdown, malfunction (SSM). Sections 63.996(c)(2)(ii)
and 63.998(b)(2)(iii), (b)(6)(i)(A), (c)(1)(ii)(E) and (d)(3) do not
apply for the purposes of this subpart.
* * * * *

0
7. Section 63.11497 is amended by adding paragraph (d) to read as
follows:

Sec.  63.11497  What are the standards and compliance requirements for
storage tanks?

* * * * *
    (d) Combustion of halogenated streams. If you use a combustion
device to comply with the emission limits for organic HAP from a
halogenated vent stream from a storage tank, you must reduce emissions
in accordance with Sec.  63.11496(d) and the requirements referenced
therein.

0
8. Section 63.11498 is amended by revising paragraph (a)(2) to read as
follows:

Sec.  63.11498  What are the standards and compliance requirements for
wastewater systems?

    (a) * * *
    (2) You are not required to determine the partially soluble
concentration in wastewater that is hard piped to a combustion unit or
hazardous waste treatment unit, as specified in Table 6, Item 2.b to
this subpart.
* * * * *

0
9. Section 63.11500 is amended by revising paragraph (a) to read as
follows:

Sec.  63.11500  What compliance options do I have if part of my plant
is subject to both this subpart and another Federal standard?

* * * * *
    (a) Compliance with other subparts of this part 63. (1) If any part
of a CMPU that is subject to the provisions of this

subpart is also subject to the provisions of another subpart of 40 CFR
part 63, then compliance with any of the requirements in the other
subpart of this part 63 that are at least as stringent as the
corresponding requirements in this subpart VVVVVV constitutes
compliance with this subpart VVVVVV.
    (2) After the compliance dates specified in Sec.  63.11494, at an
offsite reloading or cleaning facility subject to Sec.  63.1253(f), as
referenced from Sec.  63.2470(e) and Table 4 to subpart VVVVVV,
compliance with the monitoring, recordkeeping, and reporting provisions
of any other subpart of this part 63 constitutes compliance with the
monitoring, recordkeeping, and reporting provisions of Sec.
63.1253(f)(7)(ii) or (iii). You must identify in your notification of
compliance status report required by Sec.  63.11501(b) the subpart of
this part 63 with which the owner or operator of the offsite reloading
or cleaning facility complies.
* * * * *

0
10. Section 63.11501 is amended by:
0
a. Revising the section heading;
0
b. Revising the last sentence in paragraph (c) introductory text;
0
c. Revising paragraph (c)(1) introductory text;
0
d. Adding paragraphs (c)(1)(vii) and (c)(1)(viii);
0
e. Revising paragraph (c)(4)(i);
0
f. Adding paragraph (c)(8);
0
g. Revising the last sentence in paragraph (d) introductory text; and
0
h. Adding paragraphs (d)(8) and (e) to read as follows:

Sec.  63.11501  What are the notification, recordkeeping, and reporting
requirements, and how may I assert an affirmative defense for violation
of emission standards during malfunction?

* * * * *
    (c) Recordkeeping. * * * If you are subject, you must comply with
the recordkeeping and reporting requirements of Sec.  63.10(b)(2)(iii)
and (vi) through (xiv), and the applicable requirements specified in
paragraphs (c)(1) through (8) of this section.
    (1) For each CMPU subject to this subpart, you must keep the
records specified in paragraphs (c)(1)(i) through (viii) of this
section.
* * * * *
    (vii) Records of the date, time, and duration of each malfunction
of operation of process equipment, control devices, recovery devices,
or continuous monitoring systems used to comply with this subpart that
causes a failure to meet a standard. The record must include a list of
the affected sources or equipment, an estimate of the volume of each
regulated pollutant emitted over the standard, and a description of the
method used to estimate the emissions.
    (viii) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  63.11495(d), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
* * * * *
    (4) * * *
    (i) Keep records of the vessel dimensions, capacity, and liquid
stored, as specified in Sec.  63.1065(a).
* * * * *
    (8) For continuous process vents subject to Table 3 to this
subpart, keep records of the occurrence and duration of each startup
and shutdown of operation of process equipment, or of air pollution
control and monitoring equipment.
    (d) * * * Reports are required only for semiannual periods during
which you experienced any of the events described in paragraphs (d)(1)
through (8) of this section.
* * * * *
    (8) Malfunctions. If a malfunction occurred during the reporting
period, the report must include the number of instances of malfunctions
that caused emissions in excess of a standard. For each malfunction
that caused emissions in excess of a standard, the report must include
a list of the affected sources or equipment, an estimate of the volume
of each regulated pollutant emitted over the standard, and a
description of the method used to estimate the emissions. The report
must also include a description of actions you took during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  63.11495(d), including actions taken to correct a
malfunction.
    (e) Affirmative defense for violation of emission standards during
malfunction. In response to an action to enforce the standards set
forth in Sec. Sec.  63.11495 through 63.11499, you may assert an
affirmative defense to a claim for civil penalties for violations of
such standards that are caused by malfunction, as defined at 40 CFR
63.2. Appropriate penalties may be assessed if you fail to meet your
burden of proving all of the requirements in the affirmative defense.
The affirmative defense shall not available for claims for injunctive
relief.
    (1) To establish the affirmative defense in any action to enforce
such a standard, you must timely meet the notification requirements in
paragraph (e)(2) of this section, and must prove by a preponderance of
evidence that:
    (i) The violation:
    (A) Was caused by a sudden, infrequent, and unavoidable failure of
air pollution control equipment, process equipment, or a process to
operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper
design, or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
    (D) Was not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when a
violation occurred. Off-shift and overtime labor were used, to the
extent practicable to make these repairs; and
    (iii) The frequency, amount, and duration of the violation
(including any bypass) were minimized to the maximum extent
practicable; and
    (iv) If the violation 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; and
    (v) All possible steps were taken to minimize the impact of the
violation on ambient air quality, the environment and human health; and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
    (vii) All of the actions in response to the violation were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected CMPU was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose
of which is to determine, correct, and eliminate the primary causes of
the malfunction and the violation resulting from the malfunction event
at issue. The analysis must also specify, using best monitoring methods
and engineering judgment, the amount of any emissions that were the
result of the malfunction.
    (2) Report. If you seek to assert an affirmative defense, you must
submit a written report to the Administrator, with all necessary
supporting documentation, that you have met the requirements set forth
in paragraph (e)(1) of this section. This affirmative defense report
must be included in the first periodic compliance report,

deviation report, or excess emission report otherwise required after
the initial occurrence of the violation of the relevant standard (which
may be the end of any applicable averaging period). If such compliance
report, deviation report, or excess emission report is due less than 45
days after the initial occurrence of the violation, the affirmative
defense report may be included in the second compliance report,
deviation report, or excess emission report due after the initial
occurrence of the violation of the relevant standard.

0
11. Section 63.11502 is amended by:
0
a. In paragraph (a) adding in alphabetical order the terms ``Batch
operation (Sec.  63.2550),'' ``Continuous operation (Sec.  63.2550),''
``Control device (Sec.  63.111),'' and ``Isolated intermediate (Sec.
63.2550),'' and removing the term ``Family of materials (Sec.
63.2550)''; and
0
b. In paragraph (b) adding in alphabetical order definitions for
``Affirmative defense,'' ``Engineering assessment,'' ``Family of
materials,'' ``Hazardous waste treatment,'' ``In VOC service,'' ``Point
of determination,'' and ``Uncontrolled emissions,'' revising the second
sentence of the definition of ``Batch process vent,'' revising
paragraph (1) of the definition of ``Chemical manufacturing process,''
and revising the definitions for ``In metal HAP service,'' ``In organic
HAP service,'' ``Metal HAP process vent,'' and ``Product'' to read as
follows:

Sec.  63.11502  What definitions apply to this subpart?

* * * * *
    (b) * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or 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.
* * * * *
    Batch process vent * * * Batch process vents include vents from
batch operations and vents with intermittent flow from continuous
operations that are not combined with any stream that originated as a
continuous gas stream from the same continuous process. * * *
* * * * *
    Chemical manufacturing process * * *
    (1) All cleaning operations;
* * * * *
    Engineering assessment means, but is not limited to, the following:
    (1) Previous test results provided the tests are representative of
current operating practices at the process unit.
    (2) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
    (3) Maximum flow rate, TOC emission rate, organic HAP emission
rate, metal HAP emission rate, or net heating value limit specified or
implied within a permit limit applicable to the process vent.
    (4) 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:
    (i) Use of material balances based on process stoichiometry to
estimate maximum organic HAP or metal HAP concentrations;
    (ii) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities;
    (iii) Estimation of TOC, organic HAP, or metal HAP concentrations
based on saturation conditions; or
    (iv) Estimation of maximum expected net heating value based on the
vent stream concentration of each organic compound or, alternatively,
as if all TOC in the vent stream were the compound with the highest
heating value.
    (5) All data, assumptions, and procedures used in the engineering
assessment shall be documented.
* * * * *
    Family of materials means a grouping of materials that have the
same basic composition or the same basic end use or functionality; are
produced using the same basic feedstocks, the same manufacturing
equipment configuration and in the same sequence of steps; and whose
production results in emissions of the same Table 1 HAP at
approximately the same rate per pound of product produced. Examples of
families of materials include multiple grades of same product or
different variations of a product (e.g., blue, black and red resins).
* * * * *
    Hazardous waste treatment, as used in the wastewater requirements,
means treatment in any of the following units:
    (1) A hazardous waste incinerator for which you have been issued a
final permit under 40 CFR part 270 and comply with the requirements of
40 CFR part 264, subpart O, for which you have certified compliance
with the interim status requirements of 40 CFR part 265, subpart O, or
for which you have submitted a Notification of Compliance under 40 CFR
63.1207(j) and comply with the requirements of 40 CFR part 63, subpart
EEE at all times (including times when non-hazardous waste is being
burned);
    (2) A process heater or boiler for which you have been issued a
final permit under 40 CFR part 270 and comply with the requirements of
40 CFR part 266, subpart H, for which you have certified compliance
with the interim status requirements of 40 CFR part 266, subpart H, or
for which you have submitted a Notification of Compliance under 40 CFR
63.1207(j) and comply with the requirements of 40 CFR part 63, subpart
EEE at all times (including times when non-hazardous waste is being
burned); or
    (3) An underground injection well for which you have been issued a
final permit under 40 CFR part 270 or 40 CFR part 144 and comply with
the requirements of 40 CFR part 122.
    In metal HAP service means that a process vessel or piece of
equipment either contains or contacts a feedstock, byproduct, or
product that contains metal HAP. A process vessel is no longer in metal
HAP service after the vessel has been emptied to the extent practicable
(i.e., a vessel with liquid left on process vessel walls or as bottom
clingage, but not in pools, due to floor irregularity, is considered
completely empty) and any cleaning has been completed.
    In organic HAP service means that a process vessel or piece of
equipment either contains or contacts a feedstock, byproduct, or
product that contains an organic HAP, excluding any organic HAP used in
manual cleaning activities. A process vessel is no longer in organic
HAP service after the vessel has been emptied to the extent practicable
(i.e., a vessel with liquid left on process vessel walls or as bottom
clingage, but not in pools, due to floor irregularity, is considered
completely empty) and any cleaning has been completed.
    In VOC service means that a process vessel or piece of equipment
either contains or contacts a fluid that contains VOC.
* * * * *
    Metal HAP process vent means the point of discharge to the
atmosphere (or inlet to a control device, if any) of a metal HAP-
containing gas stream from any CMPU at an affected source containing at
least 50 ppmv metal HAP. The metal HAP concentration may be determined
using any of the following: process knowledge, an engineering
assessment, or test data.
* * * * *

    Point of determination means ``point of determination'' as defined
in Sec.  63.111 in subpart G of this part, except:
    (1) The reference to Table 8 or Table 9 compounds means Table 9
(subpart G) or Table 7 (subpart VVVVVV) compounds;
    (2) The reference to ``as determined in Sec.  63.144 of this
subpart'' does not apply for the purposes of this subpart; and
    (3) The point of determination is made at the point where the
stream exits the CMPU. If a recovery device is used, the point of
determination is after the last recovery device.
    Product means a compound or chemical which is manufactured as the
intended product of the CMPU. Products include co-products. By-
products, impurities, wastes, and trace contaminants are not considered
products.
* * * * *
    Uncontrolled emissions means organic HAP process vent emissions or
metal HAP process vent emissions, as applicable, at the outlet of the
last recovery device, if any, and prior to any control device. In the
absence of both recovery devices and control devices, uncontrolled
emissions are the emissions discharged to the atmosphere.
* * * * *

0
12. Table 3 to subpart VVVVVV of part 63 is revised to read as follows:

 Table 3 to Subpart VVVVVV of Part 63--Emission Limits and Compliance Requirements for Continuous Process Vents
 [As required in Sec.   63.11496, you must comply with the requirements for continuous process vents as shown in
                                              the following table]
----------------------------------------------------------------------------------------------------------------
              For . . .                              You must . . .                         Except . . .
----------------------------------------------------------------------------------------------------------------
1. Each continuous process vent with   a. Reduce emissions of total organic HAP    i. Compliance may be based on
 a TRE <=1.0.                           by >=95 percent by weight (>=85 percent     either total organic HAP or
                                        by weight for periods of startup or         TOC; and
                                        shutdown) or to <=20 ppmv by routing       ii. As specified in Sec.
                                        emissions through a closed vent system to   63.11496(g).
                                        any combination of control devices
                                        (except a flare) in accordance with the
                                        requirements of Sec.   63.982(c) and the
                                        requirements referenced therein; or

                                       b. Reduce emissions of total organic by     i. Not applicable.
                                        HAP by routing all emissions through a
                                        closed-vent system to a flare (except
                                        that a flare may not be used to control
                                        halogenated vent streams) in accordance
                                        with the requirements of Sec.   63.982(b)
                                        and the requirements referenced therein,
                                        or

                                       c. Comply with the alternative standard     i. As specified in Sec.
                                        specified in Sec.   63.2505 and the         63.11496(e).
                                        requirements referenced therein
2. Halogenated vent stream that is     a. Comply with the requirements for         .............................
 controlled through combustion.         halogen scrubbers in Sec.   63.11496(d).
3. Each continuous process vent with   a. Comply with the requirements of Sec.     .............................
 a TRE >1.0 but <=4.0.                  63.982(e) and the requirements specified
                                        therein if a recovery device, as defined
                                        in Sec.   63.11502, is used to maintain a
                                        TRE >1.0 but <=4.0.
----------------------------------------------------------------------------------------------------------------

0
13. The entry for Item 1 of Table 5 to subpart VVVVVV of part 63 is
revised to read as follows:
* * * * *

       Table 5 to Subpart VVVVVV of Part 63--Emission Limits and Compliance Requirements for Storage Tanks
----------------------------------------------------------------------------------------------------------------
            For each . . .                           You must . . .                         Except . . .
----------------------------------------------------------------------------------------------------------------
1. Storage tank with a design          a. Comply with the requirements of subpart  i. All required seals must be
 capacity >=40,000 gallons, storing     WW of this part;                            installed by the compliance
 liquid that contains organic HAP                                                   date in Sec.   63.11494.
 listed in Table 1 to this subpart,
 and for which the maximum true vapor
 pressure (MTVP) of total organic HAP
 at the storage temperature is >=5.2
 kPa and <76.6 kPa..

                                       b. Reduce total organic HAP emissions by    i. Compliance may be based on
                                        >=95 percent by weight by operating and     either total organic HAP or
                                        maintaining a closed-vent system and        TOC;
                                        control device (other than a flare) in     ii. When the term storage
                                        accordance with Sec.   63.982(c); or        vessel is used in subpart SS
                                                                                of this part, the term
                                                                                storage tank, surge control
                                                                                vessel, or bottoms receiver,
                                                                                as defined in Sec.
                                                                                63.11502 of this subpart,
                                                                                applies; and
                                                                                iii. The requirements do not
                                                                                apply during periods of
                                                                                planned routine maintenance
                                                                                of the control device, as
                                                                                specified in Sec.
                                                                                63.11497(b).
                                       c. Reduce total HAP emissions by operating  i. The requirements do not
                                        and maintaining a closed-vent system and    apply during periods of
                                        a flare in accordance with Sec.             planned routine maintenance
                                        63.982(b); or                               of the flare, as specified
                                                                                in Sec.   63.11497(b); and
                                                                                ii. When the term storage
                                                                                vessel is used in subpart SS
                                                                                of this part, it means
                                                                                storage tank, surge control
                                                                                vessel, or bottoms receiver,
                                                                                as defined in Sec.
                                                                                63.11502 of this subpart.
                                       d. Vapor balance in accordance with Sec.    i. To comply with Sec.
                                        63.2470(e); or                              63.1253(f)(6)(i), the owner
                                                                                or operator of an offsite
                                                                                cleaning or reloading
                                                                                facility must comply with
                                                                                Sec.   63.11494 and Sec.
                                                                                63.11502 instead of
                                                                                complying with Sec.
                                                                                63.1253(f)(7)(ii), except as
                                                                                specified in item 1.d.ii and
                                                                                1.2.iii of this table.
                                                                                ii. The reporting
                                                                                requirements in Sec.
                                                                                63.11501 do not apply to the
                                                                                owner or operator of the
                                                                                offsite cleaning or
                                                                                reloading facility.
                                                                                iii. As an alternative to
                                                                                complying with the
                                                                                monitoring, recordkeeping,
                                                                                and reporting provisions in
                                                                                Sec.  Sec.   63.11494
                                                                                through 63.11502, the owner
                                                                                or operator of an offsite
                                                                                cleaning or reloading
                                                                                facility may comply as
                                                                                specified in Sec.   63.11500
                                                                                with any other subpart of
                                                                                this part 63 which has
                                                                                monitoring, recordkeeping,
                                                                                and reporting provisions as
                                                                                specified in Sec.
                                                                                63.11500.
                                       e. Route emissions to a fuel gas system or  i. When the term storage
                                        process in accordance with the              vessel is used in subpart SS
                                        requirements in Sec.   63.982(d) and the    of this part, it means
                                        requirements referenced therein.            storage tank, surge control
                                                                                vessel, or bottoms receiver,
                                                                                as defined in Sec.
                                                                                63.11502.

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

* * * * *

0
14. Table 6 to subpart VVVVVV of part 63 is revised to read as follows:

    Table 6 to Subpart VVVVVV of Part 63--Emission Limits and Compliance Requirements for Wastewater Systems
  [As required in Sec.   63.11498, you must comply with the requirements for wastewater systems as shown in the
                                                following table]
----------------------------------------------------------------------------------------------------------------
            For each . . .                           You must . . .                      And you must . . .
----------------------------------------------------------------------------------------------------------------
1. Wastewater stream.................  a. Discharge to onsite or offsite           i. Maintain records
                                        wastewater treatment or hazardous waste     identifying each wastewater
                                        treatment                                   stream and documenting the
                                                                                type of treatment that it
                                                                                receives. Multiple
                                                                                wastewater streams with
                                                                                similar characteristics and
                                                                                from the same type of
                                                                                activity in a CMPU may be
                                                                                grouped together for
                                                                                recordkeeping purposes.

2. Wastewater stream containing        a. Use a decanter, steam stripper, thin     i. For the water phase,
 partially soluble HAP at a             film evaporator, or distillation unit       comply with the requirements
 concentration >=10,000 ppmw and        to separate the water phase from the        in Item 1 of this table, and
 separate organic and water phases.     organic phase(s); or                       ii. For the organic phase(s),
                                                                                recycle to a process, use as
                                                                                fuel, or dispose as
                                                                                hazardous waste either
                                                                                onsite or offsite, and
                                                                                iii. Keep records of the
                                                                                wastewater streams subject
                                                                                to this requirement and the
                                                                                disposition of the organic
                                                                                phase(s).
                                       b. Hard pipe the entire wastewater stream   i. Keep records of the
                                        to onsite treatment as a hazardous waste,   wastewater streams subject
                                        or hard pipe the entire wastewater stream   to this requirement and the
                                        to a point of transfer to onsite or         disposition of the
                                        offsite hazardous waste treatment.          wastewater streams.
----------------------------------------------------------------------------------------------------------------

0
15. Table 8 to subpart VVVVVV of part 63 is revised to read as follows:

   Table 8 to Subpart VVVVVV of Part 63--Emission Limits and Compliance Requirements for Heat Exchange Systems
[As required in Sec.   63.11499, you must comply with the requirements for heat exchange systems as shown in the
                                                following table]
----------------------------------------------------------------------------------------------------------------
              For . . .                              You must . . .                         Except . . .
----------------------------------------------------------------------------------------------------------------
1. Each heat exchange system with a    a. Comply with the monitoring requirements  i. The reference to monthly
 cooling water flow rate >=8,000 gal/   in Sec.   63.104(c), the leak repair        monitoring for the first 6
 min and not meeting one or more of     requirements in Sec.   63.104(d) and (e),   months in Sec.
 the conditions in Sec.   63.104(a).    and the recordkeeping and reporting         63.104(b)(1) and (c)(1)(iii)
                                        requirements in Sec.   63.104(f); or        does not apply. Monitoring
                                                                                shall be no less frequent
                                                                                than quarterly;
                                                                                ii. The reference in Sec.
                                                                                63.104(f)(1) to record
                                                                                retention requirements in
                                                                                Sec.   63.103(c)(1) does not
                                                                                apply. Records must be
                                                                                retained as specified in
                                                                                Sec.  Sec.   63.10(b)(1) and
                                                                                63.11501(c); and
                                                                                iii. The reference in Sec.
                                                                                63.104(f)(2) to ``the next
                                                                                semi-annual periodic report
                                                                                required by Sec.
                                                                                63.152(c)'' means the next
                                                                                semi-annual compliance
                                                                                report required by Sec.
                                                                                63.11501(f).
                                       b. Comply with the heat exchange system     i. Not applicable.
                                        requirements in Sec.   63.104(b) and the
                                        requirements referenced therein.
----------------------------------------------------------------------------------------------------------------

0
16. Table 9 to subpart VVVVVV of part 63 is amended by:
0
a. Revising the entry for 63.6(e)(1)(i) and (ii), (e)(3), and (f)(1);
0
b. Removing the entry for 63.7(a)(2), (b), (d), (e)(1)-(e)(3);
0
c. Adding new entries for 63.7(a)(2), (b), (d), (e)(2)-(e)(3) and
63.7(e)(1);
0
d. Removing the entry for 63.8(a)(1), (a)(4), (b), (c)(1)-(c)(3),
(f)(1)-(5);
0
e. Adding new entries for 63.8(a)(1), (a)(4), (b), (c)(1)(ii), (c)(2)-
(c)(3), (f)(1)-(5), 63.8(c)(1)(i), and 63.8(c)(1)(iii);
0
f. Revising the entry for 63.8(c)(4);
0
g. Removing the entry for 63.8(c)(6)-(c)(8), (d), (e), (f)(6);
0
h. Adding new entries for 63.8(c)(6)-(c)(8), (d)(1)-(d)(2), (e), (f)(6)
and 63.8(d)(3);
0
i. Revising the entry for 63.8(g)(5);
0
j. Adding a new entry for 63.9(i);
0
k. Removing the entry for 63.10(b)(2)(i)-(b)(2)(v);
0
l. Adding new entries for 63.10(b)(2)(i), 63.10(b)(2)(ii),
63.10(b)(2)(iii), and 63.10(b)(2)(iv) and (v);
0
m. Removing the entry for 63.10(c)(7)-(c)(8), (c)(10)-(c)(12), (c)(15);
0
n. Adding new entries for 63.10(c)(7)-(8), 63.10(c)(10), 63.10(c)(11),
63.10(c)(12), and 63.10(c)(15); and
0
o. Revising the entry for 63.10(d)(5).

    The additions and revisions read as follows:

           Table 9 to Subpart VVVVVV of Part 63--Applicability of General Provisions to Subpart VVVVVV
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                           Applies to subpart
            Citation                      Subject                VVVVVV                   Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
63.6(e)(1)(i) and (ii), (e)(3),   SSM Requirements.......  No................  See Sec.   63.11495(d) for
 and (f)(1).                                                                    general duty requirement.

                                                  * * * * * * *
63.7(a)(2), (b), (d), (e)(2)-     Performance Testing      Yes/No............  Requirements apply if conducting
 (e)(3).                           Schedule, Notification                       test for metal HAP control;
                                   of Performance Test,                         requirements in Sec.  Sec.
                                   Performance Testing                          63.997(c)(1), (d), (e), and
                                   Facilities, and                              63.999(a)(1) apply, as
                                   Conduct of Performance                       referenced in Sec.
                                   Tests.                                       63.11496(g), if conducting test
                                                                                for organic HAP or hydrogen
                                                                                halide and halogen HAP control
                                                                                device.
63.7(e)(1)......................  Performance Testing....  No................  See Sec.   63.11496(f)(3)(ii) if
                                                                                conducting a test for metal HAP
                                                                                emissions. See Sec.  Sec.
                                                                                63.11496(g) and 63.997(e)(1) if
                                                                                conducting a test for continuous
                                                                                process vents or for hydrogen
                                                                                halide and halogen emissions.
                                                                                See Sec.  Sec.   63.11496(g) and
                                                                                63.2460(c) if conducting a test
                                                                                for batch process vents.
63.8(a)(1), (a)(4), (b),          Monitoring Requirements  Yes...............  .................................
 (c)(1)(ii), (c)(2)-(c)(3),
 (f)(1)-(5).
63.8(c)(1)(i)...................  General Duty to          No................  .................................
                                   Minimize Emissions and
                                   CMS Operation.
63.8(c)(1)(iii).................  Requirement to Develop   No................  .................................
                                   SSM Plan for CMS.

                                                  * * * * * * *
63.8(c)(4)......................  .......................  Yes...............  Only for CEMS. CPMS requirements
                                                                                in 40 CFR part 63, subpart SS
                                                                                are referenced from Sec.
                                                                                63.11496. Requirements for COMS
                                                                                do not apply because subpart
                                                                                VVVVVV does not require COMS.

                                                  * * * * * * *
63.8(c)(6)-(c)(8), (d)(1)-        .......................  Yes...............  Requirements apply only if you
 (d)(2), (e), (f)(6).                                                           use a continuous emission
                                                                                monitoring system (CEMS) to
                                                                                demonstrate compliance with the
                                                                                alternative standard in Sec.
                                                                                63.11496(e).
63.8(d)(3)......................  Written Procedures for   Yes...............  Requirement applies except for
                                   CMS.                                         last sentence, which refers to
                                                                                an SSM plan. SSM plans are not
                                                                                required.

                                                  * * * * * * *
63.8(g)(5)......................  .......................  No................  Data reduction requirements for
                                                                                CEMS are specified in Sec.
                                                                                63.2450(j)(4), as referenced
                                                                                from Sec.   63.11496. CPMS
                                                                                requirements are specified in 40
                                                                                CFR part 63, subpart SS, as
                                                                                referenced from Sec.   63.11496.

                                                  * * * * * * *
63.9(i).........................  .......................  Yes...............  .................................

                                                  * * * * * * *
63.10(b)(2)(i)..................  Recordkeeping of         No................  See Sec.   63.11501(c)(8) for
                                   Occurrence and                               recordkeeping of occurrence and
                                   Duration of Startups                         duration of each startup and
                                   and Shutdowns.                               shutdown for continuous process
                                                                                vents that are subpart to Table
                                                                                3 to this subpart.
63.10(b)(2)(ii).................  Recordkeeping of         No................  See Sec.   63.11501(c)(1)(vii)
                                   Malfunctions.                                and (viii) for recordkeeping of
                                                                                (1) date, time, duration, and
                                                                                volume of excess emissions and
                                                                                (2) actions taken during
                                                                                malfunction.
63.10(b)(2)(iii)................  Maintenance Records....  Yes...............  .................................
63.10(b)(2)(iv) and (v).........  Actions Taken to         No................  .................................
                                   Minimize Emissions
                                   During SSM.

                                                  * * * * * * *
63.10(c)(7)-(8).................  Additional               Yes...............  .................................
                                   Recordkeeping
                                   Requirements for CMS--
                                   Identifying
                                   Exceedances and Excess
                                   Emissions.
63.10(c)(10)....................  Recordkeeping Nature     No................  See Sec.   63.11501(c)(1)(vii)
                                   and Cause of                                 and (viii) for malfunctions
                                   Malfunctions.                                recordkeeping requirements.
63.10(c)(11)....................  Recording Corrective     No................  See Sec.   63.11501(c)(1)(vii)
                                   Actions.                                     and (viii) for malfunctions
                                                                                recordkeeping requirements.
63.10(c)(12)....................  .......................  Yes...............  .................................
63.10(c)(15)....................  Use of SSM Plan........  No................  .................................

                                                  * * * * * * *
63.10(d)(5).....................  SSM Reports............  No................  See Sec.   63.11501(d)(8) for
                                                                                reporting requirements for
                                                                                malfunctions.

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

[FR Doc. 2012-30698 Filed 12-20-12; 8:45 am]
BILLING CODE 6560-50-P