(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
* * * * *

0
30. Section 63.5121 is amended by revising paragraph (a) to read as
follows:

Sec.  63.5121  What operating limits must I meet?

    (a) Except as provided in paragraph (b) of this section, for any
coil coating line for which you use an add-on control device, unless
you use a solvent recovery system and conduct a liquid-liquid material
balance according to Sec.  63.5170(e)(1), you must meet the applicable
operating limits specified in Table 1 to this subpart. You must
establish the operating limits during performance tests according to
the requirements in Sec.  63.5160(d)(3) and Table 1 to Sec.  63.5160.
You must meet the operating limits established during the most recent
performance test required in Sec.  63.5160 at all times after you
establish them.
* * * * *

0
31. Section 63.5130 is amended by revising paragraph (a) to read as
follows:

Sec.  63.5130  When must I comply?

    (a) For an existing affected source, the compliance date is June
10, 2005.
* * * * *

0
32. Section 63.5140 is amended by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraph (b) as (c); and
0
c. Adding paragraph (b).
    The revision and addition read as follows:

Sec.  63.5140  What general requirements must I meet to comply with the
standards?

    (a) Before August 24, 2020, you must be in compliance with the
applicable emission standards in Sec.  63.5120 and the operating limits
in Table 1 to this subpart at all times, except during periods of
start-up, shutdown, and malfunction of any capture system and control
device used to comply with this subpart. On and after August 24, 2020
you must be in compliance with the applicable emission standards in
Sec.  63.5120 and the operating limits in Table 1 to this subpart at
all times. If you are complying with the emission standards of this
subpart without the use of a capture system and control device, you
must be in compliance with the standards at all times.
    (b) Before August 24, 2020, you must always operate and maintain
your affected source, including air pollution control and monitoring
equipment, according to the provisions in Sec.  63.6(e)(1). On and
after August 24, 2020, at all times, you must operate and maintain your
affected source, including associated air pollution control equipment
and monitoring equipment, in a manner consistent with safety and good
air pollution control practices for minimizing emissions. The general
duty to minimize emissions does not require the owner or operator to
make any further efforts to reduce emissions if levels required by the
applicable standard have been achieved. Determination of whether a
source is operating in compliance with operation and maintenance
requirements will be based on information available to the
Administrator that 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 affected
source.
* * * * *

0
33. Section 63.5150 is amended by revising paragraph (a) introductory
text, paragraph (a)(4)(i), and paragraph (b) to read as follows:

Sec.  63.5150  If I use a control device to comply with the emission
standards, what monitoring must I do?

* * * * *
    (a) To demonstrate continuing compliance with the standards, you
must monitor and inspect each capture system and each control device
required to comply with Sec.  63.5120 following the date on which the
initial performance test of the capture system and control device is
completed. You must install and operate the monitoring equipment as
specified in paragraphs (a)(1) through (4) of this section. On and
after August 24, 2020, you must also maintain the monitoring equipment
at all times in accordance with Sec.  63.5140(b) and keep the necessary
parts readily available for routine repairs of the monitoring
equipment.
* * * * *
    (4) * * *
    (i) The monitoring plan must identify the operating parameter to be
monitored to ensure that the capture efficiency measured during
compliance tests is maintained, explain why this parameter is
appropriate for demonstrating ongoing compliance, and identify the
specific monitoring procedures.
* * * * *
    (b) If an operating parameter monitored in accordance with
paragraphs (a)(3) and (4) of this section is out of the allowed range
specified in Table 1 to this subpart it will be considered a deviation
from the operating limit.

0
34. Section 63.5160 is amended by revising Table 1 and paragraphs
(b)(1)(i), (b)(2), (b)(4), (c), (d) introductory text, (d)(1)
introductory text, (d)(1)(vi) introductory text, (d)(1)(vii), (d)(2),
(d)(3) introductory text, (d)(3)(i)(A), (d)(3)(ii)(D) introductory
text, and (e) introductory text to read as follows:

Sec.  63.5160  What performance tests must I complete?

     Table 1 to Sec.   63.5160--Required Performance Testing Summary
------------------------------------------------------------------------
  If you control HAP on your
    coil coating line by:                      You must:
------------------------------------------------------------------------
1. Limiting HAP or Volatile    Determine the HAP or volatile matter and
 matter content of coatings.    solids content of coating materials
                                according to the procedures in Sec.
                                63.5160(b) and (c).

2. Using a capture system and  Except as specified in paragraph (a) of
 add-on control device.         this section, conduct an initial
                                performance test within 180 days of the
                                applicable compliance date in Sec.
                                63.5130, and conduct periodic
                                performance tests within 5 years
                                following the previous performance test,
                                as follows: If you are not required to
                                complete periodic performance tests as a
                                requirement of renewing your facility's
                                operating permit under 40 CFR part 70 or
                                40 CFR part 71, you must conduct the
                                first periodic performance test before
                                March 25, 2023, unless you already have
                                conducted a performance test on or after
                                March 25, 2018; thereafter, you must
                                conduct a performance test no later than
                                5 years following the previous
                                performance test. Operating limits must
                                be confirmed or reestablished during
                                each performance test. If you are
                                required to complete periodic
                                performance tests as a requirement of
                                renewing your facility's operating
                                permit under 40 CFR part 70 or 40 CFR
                                part 71, you must conduct the periodic
                                testing in accordance with the terms and
                                schedule required by your permit
                                conditions. For each performance test:
                                (1) For each capture and control system,
                                determine the destruction or removal
                                efficiency of each control device
                                according to Sec.   63.5160(d) and the
                                capture efficiency of each capture
                                system according to Sec.   63.5160(e),
                                and (2) confirm or re-establish the
                                operating limits.
------------------------------------------------------------------------

* * * * *
    (b) * * *
    (1) * * *
    (i) Count only those organic HAP in Table 3 to this subpart that
are measured to be present at greater than or equal to 0.1 weight
percent and greater than or equal to 1.0 weight percent for other
organic HAP compounds.
* * * * *
    (2) Method 24 in appendix A-7 of part 60. For coatings, you may
determine the total volatile matter content as weight fraction of
nonaqueous volatile matter and use it as a substitute for organic HAP,
using Method 24 in appendix A-7 of part 60. As an alternative to using
Method 24, you may use ASTM D2369-10 (2015), ``Test Method for Volatile
Content of Coatings'' (incorporated by reference, see Sec.  63.14). The
determination of total volatile matter content using a method specified
in this paragraph (b)(2) or as provided in paragraph (b)(3) of this
section may be performed by the manufacturer of the coating and the
results provided to you.
* * * * *
    (4) Formulation data. You may use formulation data provided that
the information represents each organic HAP in Table 3 to this subpart
that is present at a level equal to or greater than 0.1 percent and
equal to or greater than 1.0 percent for other organic HAP compounds in
any raw material used, weighted by the mass fraction of each raw
material used in the material. Formulation data may be provided to you
by the manufacturer of the coating material. In the event of any
inconsistency between test data obtained with the test methods
specified in paragraphs (b)(1) through (3) of this section and
formulation data, the test data will govern.
    (c) Solids content and density. You must determine the solids
content and the density of each coating material applied. You may
determine the volume solids content using ASTM D2697-03(2014) Standard
Test Method for Volume Nonvolatile Matter in Clear or Pigmented
Coatings (incorporated by reference, see Sec.  63.14) or ASTM D6093-97
(2016) Standard Test Method for Percent Volume Nonvolatile Matter in
Clear or Pigmented Coatings Using a Helium Gas Pycnometer (incorporated
by reference, see Sec.  63.14), or an EPA approved alternative method.
You must determine the density of each coating using ASTM D1475-13
``Standard Test Method for Density of Liquid Coatings, Inks, and
Related Products'' (incorporated by reference, see Sec.  63.14) or ASTM
D2111-10 (2015) ``Standard Test Methods for Specific Gravity and
Density of Halogenated Organic Solvents and Their Admixtures''
(incorporated by reference, see Sec.  63.14). The solids determination
using ASTM D2697-03(2014) or ASTM D6093-97 (2016) and the density
determination using ASTM D1475-13 or ASTM 2111-10 (2015) may be
performed by the manufacturer of the material and the results provided
to you. Alternatively, you may rely on formulation data provided by
material providers to determine the volume solids. In the event of any
inconsistency between test data obtained with the ASTM test methods
specified in this section and formulation data, the test data will
govern.
    (d) Control device destruction or removal efficiency. If you are
using an add-on control device, such as an oxidizer, to comply with the
standard in Sec.  63.5120, you must conduct performance tests according
to Table 1 to Sec.  63.5160 to establish the destruction or removal
efficiency of the control device or the outlet HAP concentration
achieved by the oxidizer, according to the methods and procedures in
paragraphs (d)(1) and (2) of this section. During performance tests,
you must establish the operating limits required by Sec.  63.5121
according to paragraph (d)(3) of this section.
    (1) Performance tests conducted to determine the destruction or
removal efficiency of the control device must be performed such that
control device inlet and outlet testing is conducted simultaneously. To
determine the outlet organic HAP concentration achieved by the
oxidizer, only oxidizer outlet testing must be conducted. The data must
be reduced in accordance with the test methods and procedures in
paragraphs (d)(1)(i) through (ix).
* * * * *
    (vi) Method 25 or 25A in appendix A-7 of part 60 is used to
determine total gaseous non-methane organic matter concentration. You
may use Method 18 in appendix A-6 of part 60 to subtract methane
emissions from measured total gaseous organic mass emissions as carbon.
Use the same test method for both the inlet and outlet measurements,
which must be conducted simultaneously. You must submit notification of
the intended test method to the Administrator for approval along with
notification of the performance test required under Sec.  63.7 (b). You
must use Method 25A if any of the conditions described in paragraphs
(d)(1)(vi)(A) through (D) of this section apply to the control device.
* * * * *
    (vii) Each performance test must consist of three separate runs,
except as provided by Sec.  63.7(e)(3); each run must be conducted for
at least 1 hour under the conditions that exist when the affected
source is operating under normal operating conditions. For the purpose
of determining volatile organic matter concentrations and mass flow
rates, the average of the results of all runs will apply. If you are
demonstrating compliance with the outlet organic HAP concentration
limit in Sec.  63.5120(a)(3), only the average outlet volatile organic
matter concentration must be determined.
* * * * *
    (2) You must record such process information as may be necessary to
determine the conditions in existence at the time of the performance
test. Before August 24, 2020, operations during periods of start-up,
shutdown, and

malfunction will not constitute representative conditions for the
purpose of a performance test. On and after August 24, 2020, you must
conduct the performance test under representative operating conditions
for the coating operation. Operations during periods of start-up,
shutdown, or nonoperation do not constitute representative conditions
for the purpose of a performance test. The owner or operator may not
conduct performance tests during periods of malfunction. You must
record the process information that is necessary to document operating
conditions during the test and explain why the conditions represent
normal operation. Upon request, you must make available to the
Administrator such records as may be necessary to determine the
conditions of performance tests.
    (3) Operating limits. If you are using a capture system and add-on
control device other than a solvent recovery system for which you
conduct a liquid-liquid material balance to comply with the
requirements in Sec.  63.5120, you must establish the applicable
operating limits required by Sec.  63.5121. These operating limits
apply to each capture system and to each add-on emission control device
that is not monitored by CEMS, and you must establish the operating
limits during performance tests required by paragraph (d) of this
section according to the requirements in paragraphs (d)(3)(i) through
(iii) of this section.
    (i) * * *
    (A) During performance tests, you must monitor and record the
combustion temperature at least once every 15 minutes during each of
the three test runs. You must monitor the temperature in the firebox of
the thermal oxidizer or immediately downstream of the firebox before
any substantial heat exchange occurs.
* * * * *
    (ii) * * *
    (D) You must develop and implement an inspection and maintenance
plan for your catalytic oxidizer(s) for which you elect to monitor
according to paragraph (d)(3)(ii)(C) of this section. The plan must
address, at a minimum, the elements specified in paragraphs
(d)(3)(ii)(D) (1) through (3) of this section.
* * * * *
    (e) Capture efficiency. If you are required to determine capture
efficiency to meet the requirements of Sec.  63.5170(e)(2), (f)(1) and
(2), (g)(2) through (4), or (i)(2) and (3), you must determine capture
efficiency using the procedures in paragraph (e)(1), (2), or (3) of
this section, as applicable.
* * * * *

0
35. Section 63.5170 is amended by revising Table 1 and paragraphs
(c)(1) and (2), (c)(4) introductory text, (e)(2) introductory text,
(f)(1) introductory text, (f)(2), (g)(2) introductory text, (g)(3)
introductory text, (g)(4) introductory text, Equation 11 of paragraph
(h)(6), (i) introductory text, and (i)(1) to read as follows:

Sec.  63.5170  How do I demonstrate compliance with the standards?

* * * * *

 Table 1 to Sec.   63.5170--Compliance Demonstration Requirements Index
------------------------------------------------------------------------
   If you choose to demonstrate
          compliance by:               Then you must demonstrate that:
------------------------------------------------------------------------
1. Use of ``as purchased''          a. Each coating material used during
 compliant coatings.                 the 12-month compliance period does
                                     not exceed 0.046 kg HAP per liter
                                     solids, as purchased. Paragraph (a)
                                     of this section.
2. Use of ``as applied'' compliant  a. Each coating material used does
 coatings.                           not exceed 0.046 kg HAP per liter
                                     solids on a rolling 12-month
                                     average as applied basis,
                                     determined monthly. Paragraphs
                                     (b)(1) of this section; or
                                    b. Average of all coating materials
                                     used does not exceed 0.046 kg HAP
                                     per liter solids on a rolling 12-
                                     month average as applied basis,
                                     determined monthly. Paragraph
                                     (b)(2) of this section.
3. Use of a capture system and      Overall organic HAP control
 control device.                     efficiency is at least 98 percent
                                     on a monthly basis for individual
                                     or groups of coil coating lines; or
                                     overall organic HAP control
                                     efficiency is at least 98 percent
                                     during performance tests conducted
                                     according to Table 1 to Sec.
                                     63.5170 and operating limits are
                                     achieved continuously for
                                     individual coil coating lines; or
                                     oxidizer outlet HAP concentration
                                     is no greater than 20 ppmv and
                                     there is 100-percent capture
                                     efficiency during performance tests
                                     conducted according to Table 1 to
                                     Sec.   63.5170 and operating limits
                                     are achieved continuously for
                                     individual coil coating lines.
                                     Paragraph (c) of this section.
4. Use of a combination of          Average equivalent emission rate
 compliant coatings and control      does not exceed 0.046 kg HAP per
 devices and maintaining an          liter solids on a rolling 12-month
 acceptable equivalent emission      average as applied basis,
 rate.                               determined monthly. Paragraph (d)
                                     of this section.
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (1) If the affected source uses one compliance procedure to limit
organic HAP emissions to the level specified in Sec.  63.5120(a)(1) or
(3) and has only always-controlled work stations, then you must
demonstrate compliance with the provisions of paragraph (e) of this
section when emissions from the affected source are controlled by one
or more solvent recovery devices.
    (2) If the affected source uses one compliance procedure to limit
organic HAP emissions to the level specified in Sec.  63.5120(a)(1) or
(3) and has only always-controlled work stations, then you must
demonstrate compliance with the provisions of paragraph (f) of this
section when emissions are controlled by one or more oxidizers.
* * * * *
    (4) The method of limiting organic HAP emissions to the level
specified in Sec.  63.5120(a)(3) is the installation and operation of a
PTE around each work station and associated curing oven in the coating
line and the ventilation of all organic HAP emissions from each PTE to
an oxidizer with an outlet organic HAP concentration of no greater than
20 ppmv on a dry basis. An enclosure that meets the requirements in
Sec.  63.5160(e)(1) is considered a PTE. Compliance of the oxidizer
with the outlet organic HAP concentration limit is demonstrated either
through continuous emission monitoring according to paragraph
(c)(4)(ii) of this section or through performance tests according to
the requirements of Sec.  63.5160(d) and Table 1 to Sec.  63.5160. If
this method is selected, you must meet the requirements of paragraph
(c)(4)(i) of this section to demonstrate continuing achievement of 100
percent capture of organic HAP emissions and either paragraph
(c)(4)(ii) or paragraph (c)(4)(iii) of this section, respectively, to
demonstrate continuous compliance with the oxidizer outlet organic HAP
concentration limit through continuous

emission monitoring or continuous operating parameter monitoring:
* * * * *
    (e) * * *
    (2) Continuous emission monitoring of control device performance.
Use continuous emission monitors to demonstrate recovery efficiency,
conduct performance tests of capture efficiency and volumetric flow
rate, and continuously monitor a site specific operating parameter to
ensure that capture efficiency and volumetric flow rate are maintained
following the procedures in paragraphs (e)(2)(i) through (xi) of this
section:
* * * * *
    (f) * * *
    (1) Continuous monitoring of capture system and control device
operating parameters. Demonstrate compliance through performance tests
of capture efficiency and control device efficiency and continuous
monitoring of capture system and control device operating parameters as
specified in paragraphs (f)(1)(i) through (xi) of this section:
* * * * *
    (2) Continuous emission monitoring of control device performance.
Use continuous emission monitors, conduct performance tests of capture
efficiency, and continuously monitor a site specific operating
parameter to ensure that capture efficiency is maintained. Compliance
must be demonstrated in accordance with paragraph (e)(2) of this
section.
    (g) * * *
    (2) Solvent recovery system using performance test and continuous
monitoring compliance demonstration. For each solvent recovery system
used to control one or more coil coating stations for which you choose
to comply by means of performance testing of capture efficiency,
continuous emission monitoring of the control device, and continuous
monitoring of a capture system operating parameter, each month of the
12-month compliance period you must meet the requirements of paragraphs
(g)(2)(i) and (ii) of this section:
* * * * *
    (3) Oxidizer using performance tests and continuous monitoring of
operating parameters compliance demonstration. For each oxidizer used
to control emissions from one or more work stations for which you
choose to demonstrate compliance through performance tests of capture
efficiency, control device efficiency, and continuous monitoring of
capture system and control device operating parameters, each month of
the 12-month compliance period you must meet the requirements of
paragraphs (g)(3)(i) through (iii) of this section:
* * * * *
    (4) Oxidizer using continuous emission monitoring compliance
demonstration. For each oxidizer used to control emissions from one or
more work stations for which you choose to demonstrate compliance
through capture efficiency testing, continuous emission monitoring of
the control device, and continuous monitoring of a capture system
operating parameter, each month of the 12-month compliance period you
must meet the requirements in paragraphs (g)(4)(i) and (ii) of this
section:
* * * * *
    (h) * * *
    (6) * * *
    [GRAPHIC] [TIFF OMITTED] TR25FE20.001

* * * * *
    (i) Capture and control system compliance demonstration procedures
using a CPMS for a coil coating line. If you use an add-on control
device, to demonstrate compliance for each capture system and each
control device through performance tests and continuous monitoring of
capture system and control device operating parameters, you must meet
the requirements in paragraphs (i)(1) through (3) of this section.
    (1) Conduct performance tests according to the schedule in Table 1
to Sec.  63.5160 to determine the control device destruction or removal
efficiency, DRE, according to Sec.  63.5160(d) and Table 1 to Sec.
63.5160.
* * * * *

0
36. Section 63.5180 is amended by:
0
a. Revising paragraphs (f) introductory text and (f)(1);
0
b. Removing and reserving paragraph (f)(2);
0
c. Revising paragraphs (g)(2)(v), (h) introductory text, (h)(2) and
(3);
0
d. Adding paragraph (h)(4); and
0
e. Revising paragraphs (i) introductory text, (i)(1) through (4),
(i)(6), and (i)(9).
    The revisions and addition read as follows:

Sec.  63.5180  What reports must I submit?

* * * * *
    (f) Before August 24, 2020, you must submit start-up, shutdown, and
malfunction reports as specified in Sec.  63.10(d)(5) if you use a
control device to comply with this subpart.
    (1) Before August 24, 2020, if your actions during a start-up,
shutdown, or malfunction of an affected source (including actions taken
to correct a malfunction) are not completely consistent with the
procedures specified in the source's start-up, shutdown, and
malfunction plan specified in Sec.  63.6 (e)(3) and required before
August 24, 2020, you must state such information in the report. The
start-up, shutdown, or malfunction report will consist of a letter
containing the name, title, and signature of the responsible official
who is certifying its accuracy, that will be submitted to the
Administrator. Separate start-up, shutdown, or malfunction reports are
not required if the information is included in the report specified in
paragraph (g) of this section. The start-up, shutdown, and malfunction
plan and start-up, shutdown, and malfunction report are no longer
required on and after August 24, 2020.
* * * * *
    (g) * * *
    (2) * * *
    (v) A statement that there were no deviations from the applicable
emission limit in Sec.  63.5120 or the applicable operating limit(s)
established according to Sec.  63.5121 during the reporting period, and
that no CEMS were inoperative, inactive, malfunctioning, out-of-
control, repaired, or adjusted.
    (h) You must submit, for each deviation occurring at an affected
source where you are not using CEMS to comply with the standards in
this subpart, the semi-annual compliance report containing the
information in paragraphs (g)(2)(i) through (iv) of this section and
the information in paragraphs (h)(1) through (4) of this section:
* * * * *
    (2) Before August 24, 2020, you must provide information on the
number, duration, and cause of deviations

(including unknown cause, if applicable) as applicable, and the
corrective action taken. On and after August 24, 2020, you must provide
information on the number, date, time, duration, and cause of
deviations from an emission limit in Sec.  63.5120 or any applicable
operating limit established according to Sec.  63.5121 (including
unknown cause, if applicable) as applicable, and the corrective action
taken.
    (3) Before August 24, 2020, you must provide information on the
number, duration, and cause for continuous parameter monitoring system
downtime incidents (including unknown cause other than downtime
associated with zero and span and other daily calibration checks, if
applicable). On and after August 24, 2020, you must provide the
information specified in paragraphs (h)(3)(i) and (ii) of this section.
    (i) Number, date, time, duration, cause (including unknown cause),
and descriptions of corrective actions taken for continuous parameter
monitoring systems that are inoperative (except for zero (low-level)
and high-level checks).
    (ii) Number, date, time, duration, cause (including unknown cause),
and descriptions of corrective actions taken for continuous parameter
monitoring systems that are out of control as specified in Sec.
63.8(c)(7).
    (4) On and after August 24, 2020, for each deviation from an
emission limit in Sec.  63.5120 or any applicable operating limit
established according to Sec.  63.5121, you must provide a list of the
affected source or equipment, an estimate of the quantity of each
regulated pollutant emitted over any emission limit in Sec.  63.5120, a
description of the method used to estimate the emissions, and the
actions you took to minimize emissions in accordance with Sec.
63.5140(b).
    (i) You must submit, for each deviation from the applicable
emission limit in Sec.  63.5120 or the applicable operation limit(s)
established according to Sec.  63.5121 occurring at an affected source
where you are using CEMS to comply with the standards in this subpart,
the semi-annual compliance report containing the information in
paragraphs (g)(2)(i) through (iv) of this section, and the information
in paragraphs (i)(1) through (12) of this section:
    (1) The date and time that each malfunction of the capture system
or add-on control devices started and stopped.
    (2) Before August 24, 2020, the date and time that each CEMS was
inoperative, except for zero (low-level) and high-level checks. On and
after August 24, 2020, for each instance that the CEMS was inoperative,
except for zero (low-level) and high-level checks, the date, time, and
duration that the CEMS was inoperative; the cause (including unknown
cause) for the CEMS being inoperative; and a description of corrective
actions taken.
    (3) Before August 24, 2020, the date and time that each CEMS was
out-of-control, including the information in Sec.  63.8(c)(8). On and
after August 24, 2020, for each instance that the CEMS was out-of-
control, as specified in Sec.  63.8(c)(7), the date, time, and duration
that the CEMS was out-of-control; the cause (including unknown cause)
for the CEMS being out-of-control; and descriptions of corrective
actions taken.
    (4) Before August 24, 2020, the date and time that each deviation
started and stopped, and whether each deviation occurred during a
period of start-up, shutdown, or malfunction or during another period.
On and after August 24, 2020, the date, time, and duration of each
deviation from an emission limit in Sec.  63.5120. For each deviation,
an estimate of the quantity of each regulated pollutant emitted over
any emission limit in Sec.  63.5120 to this subpart, and a description
of the method used to estimate the emissions.
* * * * *
    (6) Before August 24, 2020, a breakdown of the total duration of
the deviations during the reporting period into those that are due to
start-up, shutdown, control equipment problems, process problems, other
known causes, and other unknown causes. On and after August 24, 2020, a
breakdown of the total duration of the deviations during the reporting
period into those that are due to control equipment problems, process
problems, other known causes, and other unknown causes.
* * * * *
    (9) Before August 24, 2020, a brief description of the metal coil
coating line. On and after August 24, 2020, a list of the affected
source or equipment, including a brief description of the metal coil
coating line.
* * * * *

0
37. Section 63.5181 is added to read as follows:

Sec.  63.5181  What are my electronic reporting requirements?

    (a) Beginning no later than August 24, 2020, you must submit the
results of each performance test as required in Sec.  63.5180(e)
following the procedure specified in paragraphs (a)(1) through (3) of
this section.
    (1) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test, you must submit the
results of the performance test to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI). The CEDRI interface can be
accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). Performance test data must be submitted in a file format
generated through the use of the EPA's ERT or an alternate electronic
file format consistent with the extensible markup language (XML) schema
listed on the EPA's ERT website.
    (2) For data collected using test methods that are not supported by
the EPA's ERT as listed on the EPA's ERT website at the time of the
test, you must submit the results of the performance test in portable
document format (PDF) using the attachment module of the ERT.
    (3) If you claim that some of the performance test information
being submitted under paragraph (a)(1) of this section is confidential
business information (CBI), you must submit a complete file generated
through the use of the EPA's ERT or an alternate electronic file
consistent with the XML schema listed on the EPA's ERT website,
including information claimed to be CBI, on a compact disc, flash drive
or other commonly used electronic storage medium to the EPA. The
electronic medium must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or
alternate file with the CBI omitted must be submitted to the EPA via
the EPA's CDX as described in paragraph (a)(1) of this section.
    (b) Beginning on August 24, 2020, the owner or operator shall
submit the initial notifications required in Sec.  63.9(b) and the
notification of compliance status required in Sec. Sec.  63.9(h) and
63.5180(d) to the EPA via the CEDRI. The CEDRI interface can be
accessed through the EPA's CDX (https://cdx.epa.gov). The owner or
operator must upload to CEDRI an electronic copy of each applicable
notification in PDF. The applicable notification must be submitted by
the deadline specified in this subpart, regardless of the method in
which the reports are submitted. Owners or operators who claim that
some of the information required to be submitted via CEDRI is CBI shall
submit a complete report generated using the appropriate form in CEDRI
or an

alternate electronic file consistent with the XML schema listed on the
EPA's CEDRI website, including information claimed to be CBI, on a
compact disc, flash drive, or other commonly used electronic storage
medium to the EPA. The electronic medium shall be clearly marked as CBI
and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader,
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC
27703. The same file with the CBI omitted shall be submitted to the EPA
via the EPA's CDX as described earlier in this paragraph.
    (c) Beginning on March 25, 2021, or once the reporting template has
been available on the CEDRI website for 1 year, whichever date is
later, the owner or operator shall submit the semiannual compliance
report required in Sec.  63.5180(g) through (i), as applicable, to the
EPA via the CEDRI. The CEDRI interface can be accessed through the
EPA's CDX (https://cdx.epa.gov). The owner or operator must use the
appropriate electronic template on the CEDRI website for this subpart
(https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri). The date on which the report
templates become available will be listed on the CEDRI website. If the
reporting form for the semiannual compliance report specific to this
subpart is not available in CEDRI at the time that the report is due,
you must submit the report to the Administrator at the appropriate
addresses listed in Sec.  63.13. Once the form has been available in
CEDRI for 1 year, you must begin submitting all subsequent reports via
CEDRI. The reports must be submitted by the deadlines specified in this
subpart, regardless of the method in which the reports are submitted.
Owners or operators who claim that some of the information required to
be submitted via CEDRI is CBI shall submit a complete report generated
using the appropriate form in CEDRI, including information claimed to
be CBI, on a compact disc, flash drive, or other commonly used
electronic storage medium to the EPA. The electronic medium shall be
clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office,
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old
Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be
submitted to the EPA via the EPA's CDX as described earlier in this
paragraph.
    (d) If you are required to electronically submit a report through
the CEDRI in the EPA's CDX, you may assert a claim of EPA system outage
for failure to timely comply with the reporting requirement. To assert
a claim of EPA system outage, you must meet the requirements outlined
in paragraphs (g)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or caused a delay
in reporting.
    (5) You must provide to the Administrator a written description
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
    (7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (e) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with the reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (h)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.

0
38. Section 63.5190 is amended by adding paragraphs (a)(5) and (c) to
read as follows:

Sec.  63.5190  What records must I maintain?

    (a) * * *
    (5) On and after August 24, 2020, for each deviation from an
emission limitation reported under Sec.  63.5180(h) or (i), a record of
the information specified in paragraphs (a)(5)(i) through (iv) of this
section, as applicable.
    (i) The date, time, and duration of the deviation, as reported
under Sec.  63.5180(h) and (i).
    (ii) A list of the affected sources or equipment for which the
deviation occurred and the cause of the deviation, as reported under
Sec.  63.5180(h) and (i).
    (iii) An estimate of the quantity of each regulated pollutant
emitted over any applicable emission limit in Sec.  63.5120 to this
subpart or any applicable operating limit established according to
Sec.  63.5121 to this subpart, and a description of the method used to
calculate the estimate, as reported under Sec.  63.5180(h) and (i).
    (iv) A record of actions taken to minimize emissions in accordance
with Sec.  63.5140(b) and any corrective actions taken to return the
affected unit to its normal or usual manner of operation.
* * * * *

    (c) Any records required to be maintained by this subpart that are
in reports that were submitted electronically via the EPA's CEDRI may
be maintained in electronic format. This ability to maintain electronic
copies does not affect the requirement for facilities to make records,
data, and reports available upon request to a delegated air agency or
the EPA as part of an on-site compliance evaluation.

0
39. Table 2 to subpart SSSS of part 63 is revised to read as follows:
    Table 2 to Subpart SSSS of Part 63--Applicability of General
Provisions to Subpart SSSS
    You must comply with the applicable General Provisions requirements
according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
     General provisions reference              Subject                    SSSS                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(4)................  General Applicability..  Yes....................
Sec.   63.1(a)(6)....................  Source Category Listing  Yes....................
Sec.   63.1(a)(10)-(12)..............  Timing and Overlap       Yes....................
                                        Clarifications.
Sec.   63.1(b)(1)....................  Initial Applicability    Yes....................  Applicability to
                                        Determination.                                    Subpart SSSS is also
                                                                                specified in Sec.
                                                                                63.5090.
Sec.   63.1(b)(3)....................  Applicability            Yes....................
                                        Determination
                                        Recordkeeping.
Sec.   63.1(c)(1)....................  Applicability after      Yes....................
                                        Standard Established.
Sec.   63.1(c)(2)....................  Applicability of Permit  Yes....................
                                        Program for Area
                                        Sources.
Sec.   63.1(c)(5)....................  Extensions and           Yes....................
                                        Notifications.
Sec.   63.1(e).......................  Applicability of Permit  Yes....................
                                        Program Before
                                        Relevant Standard is
                                        Set.
Sec.   63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                are specified in Sec.
                                                                                63.5110.
Sec.   63.3..........................  Units and Abbreviations  Yes....................
Sec.   63.4(a)(1)-(2)................  Prohibited Activities..  Yes....................
Sec.   63.4(b)-(c)...................  Circumvention/           Yes....................
                                        Fragmentation.
Sec.   63.5(a).......................  Construction/            Yes....................
                                        Reconstruction.
Sec.   63.5(b)(1), (3), (4), (6).....  Requirements for         Yes....................
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.
Sec.   63.5(d)(1)(i)-(ii)(F),          Application for          Yes....................  Only total HAP
 (d)(1)(ii)(H), (d)(1)(ii)(J),          Approval of                                       emissions in terms of
 (d)(1)(iii), (d)(2)-(4).               Construction/                                     tons per year are
                                        Reconstruction.                                   required for Sec.
                                                                                63.5(d)(1)(ii)(H).
Sec.   63.5(e).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
Sec.   63.5(f).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction Based
                                        on Prior State Review.
Sec.   63.6(a).......................  Compliance with          Yes....................
                                        Standards and
                                        Maintenance
                                        Requirements-
                                        Applicability.
Sec.   63.6(b)(1)-(5), (b)(7)........  Compliance Dates for     Yes....................  Section 63.5130
                                        New and Reconstructed                             specifies the
                                        Sources.                                          compliance dates.
Sec.   63.6(c)(1), (2), (5)..........  Compliance Dates for     Yes....................  Section 63.5130
                                        Existing Sources.                                 specifies the
                                                                                compliance dates.
Sec.   63.6(e)(1)(i)-(ii)............  General Duty to          Yes before August 24,    See Sec.   63.5140(b)
                                        Minimize Emissions and   2020, No on and after    for general duty
                                        Requirement to Correct   August 24, 2020.         requirement.
                                        Malfunctions As Soon
                                        As Possible.
Sec.   63.6(e)(1)(iii)...............  Operation and            Yes....................
                                        Maintenance
                                        Requirements.
Sec.   63.6(e)(3)(i), (e)(3)(iii)-     SSMP Requirements......  Yes before August 24,
 (ix).                                                           2020, No on and after
                                                                 August 24, 2020.
Sec.   63.6(f)(1)....................  SSM Exemption..........  Yes before August 24,    See Sec.   63.5140(b)
                                                                 2020, No on and after    for general duty
                                                                 August 24, 2020.         requirement.
Sec.   63.6(f)(2)-(3)................  Compliance with Non-     Yes....................
                                        Opacity Emission
                                        Standards.
Sec.   63.6(g).......................  Alternative Non-Opacity  Yes....................
                                        Emission Standard.
Sec.   63.6(h).......................  Compliance with Opacity/ No.....................  Subpart SSSS does not
                                        Visible Emission                                  establish opacity
                                        Standards.                                        standards or visible
                                                                                emission standards.
Sec.   63.6(i)(1)-(14), (i)(16)......  Extension of Compliance  Yes....................
                                        and Administrator's
                                        Authority.
Sec.   63.6(j).......................  Presidential Compliance  Yes....................
                                        Exemption.
Sec.   63.7(a)-(d) except (a)(2)(i)-   Performance Test         Yes....................
 (viii).                                Requirements.
Sec.   63.7(e)(1)....................  Performance Testing....  Yes before August 24,    See Sec.
                                                                 2020, No on and after    63.5160(d)(2).
                                                                 August 24, 2020.
Sec.   63.7(e)(2)-(4)................  Conduct of Performance   Yes....................
                                        Tests.
Sec.   63.7(f).......................  Alternative Test Method  Yes....................  EPA retains approval
                                                                                authority.

Sec.   63.7(g)-(h)...................  Data Analysis and        Yes....................
                                        Waiver of Tests.
Sec.   63.8(a)(1)-(2)................  Monitoring               Yes....................  Additional requirements
                                        Requirements--Applicab                            for monitoring are
                                        ility.                                            specified in Sec.
                                                                                63.5150(a).
Sec.   63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart SSSS does not
                                        Requirements.                                     have monitoring
                                                                                requirements for
                                                                                flares.
Sec.   63.8(b).......................  Conduct of Monitoring..  Yes....................
Sec.   63.8(c)(1)....................  Operation and            Yes before August 24,    Section 63.5150(a)
                                        Maintenance of           2020, No on and after    specifies the
                                        Continuous Monitoring    August 24, 2020.         requirements for the
                                        System (CMS).                                     operation of CMS for
                                                                                capture systems and
                                                                                add-on control devices
                                                                                at sources using these
                                                                                to comply.
Sec.   63.8(c)(2)-(3)................  CMS Operation and        Yes....................  Applies only to
                                        Maintenance.                                      monitoring of capture
                                                                                system and add-on
                                                                                control device
                                                                                efficiency at sources
                                                                                using these to comply
                                                                                with the standards.
                                                                                Additional
                                                                                requirements for CMS
                                                                                operations and
                                                                                maintenance are
                                                                                specified in Sec.
                                                                                63.5170.
Sec.   63.8(c)(4)-(5)................  CMS Continuous           No.....................  Subpart SSSS does not
                                        Operation Procedures.                             require COMS.
Sec.   63.8(c)(6)-(8)................  CMS Requirements.......  Yes....................  Provisions only apply
                                                                                if CEMS are used.
Sec.   63.8(d)-(e)...................  CMS Quality Control,     Yes....................  Provisions only apply
                                        Written Procedures,                               if CEMS are used.
                                        and Performance
                                        Evaluation.
Sec.   63.8(f)(1)-(5)................  Use of an Alternative    Yes....................  EPA retains approval
                                        Monitoring Method.                                authority.
Sec.   63.8(f)(6)....................  Alternative to Relative  No.....................  Section 63.8(f)(6)
                                        Accuracy Test.                                    provisions are not
                                                                                applicable because
                                                                                subpart SSSS does not
                                                                                require CEMS.
Sec.   63.8(g).......................  Data Reduction.........  No.....................  Sections 63.5170,
                                                                                63.5140, 63.5150, and
                                                                                63.5150 specify
                                                                                monitoring data
                                                                                reduction.
Sec.   63.9(a).......................  Notification of          Yes....................
                                        Applicability.
Sec.   63.9(b)(1)....................  Initial Notifications..  Yes....................
Sec.   63.9(b)(2)....................  Initial Notifications..  Yes....................  With the exception that
                                                                                Sec.   63.5180(b)(1)
                                                                                provides 2 years after
                                                                                the proposal date for
                                                                                submittal of the
                                                                                initial notification
                                                                                for existing sources.
Sec.   63.9(b)(4)(i), (b)(4)(v),       Application for          Yes....................
 (b)(5).                                Approval of
                                        Construction or
                                        Reconstruction.
Sec.   63.9(c)-(e)...................  Request for Extension    Yes....................  Notification of
                                        of Compliance, New                                performance test
                                        Source Notification                               requirement applies
                                        for Special Compliance                            only to capture system
                                        Requirements, and                                 and add-on control
                                        Notification of                                   device performance
                                        Performance Test.                                 tests at sources using
                                                                                these to comply with
                                                                                the standards.
Sec.   63.9(f).......................  Notification of Visible  No.....................  Subpart SSSS does not
                                        Emissions/Opacity Test.                           require opacity and
                                                                                visible emissions
                                                                                observations.
Sec.   63.9(g).......................  Additional               No.....................  Provisions for COMS are
                                        Notifications When                                not applicable.
                                        Using CMS.
Sec.   63.9(h)(1)-(3)................  Notification of          Yes....................  Section 63.5130
                                        Compliance Status.                                specifies the dates
                                                                                for submitting the
                                                                                notification of
                                                                                compliance status.
Sec.   63.9(h)(5)-(6)................  Clarifications.........  Yes....................
Sec.   63.9(i).......................  Adjustment of Submittal  Yes....................
                                        Deadlines.
Sec.   63.9(j).......................  Change in Previous       Yes....................
                                        Information.
Sec.   63.10(a)......................  Recordkeeping/           Yes....................
                                        Reporting--Applicabili
                                        ty and General
                                        Information.
Sec.   63.10(b)(1)...................  General Recordkeeping    Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                63.5190.
Sec.   63.10(b)(2)(i)-(ii)...........  Recordkeeping of         Yes before August 24,    See Sec.
                                        Occurrence and           2020, No on and after    63.5190(a)(5).
                                        Duration of Startups     August 24, 2020.
                                        and Shutdowns and
                                        Recordkeeping of
                                        Failures to Meet
                                        Standards.
Sec.   63.10(b)(2)(iii)..............  Maintenance Records....  Yes....................

Sec.   63.10(b)(2)(iv)-(v)...........  Actions Taken to         Yes before August 24,    See Sec.
                                        Minimize Emissions       2020, No on and after    63.5190(a)(5).
                                        During Startup,          August 24, 2020.
                                        Shutdown, and
                                        Malfunction.
Sec.   63.10(b)(2)(vi)...............  Recordkeeping for CMS    Yes before August 24,    See Sec.
                                        Malfunctions.            2020, No on and after    63.5190(a)(5).
                                                                 August 24, 2020.
Sec.   63.10(b)(2)(vii)-(xiv)........  Other CMS Requirements.  Yes....................
Sec.   63.10(b)(3)...................  Recordkeeping            Yes....................
                                        Requirements for
                                        Applicability
                                        Determinations.
Sec.   63.10(c)......................  Additional CMS           No.....................  See Sec.
                                        Recordkeeping                                     63.5190(a)(5).
                                        Requirements.
Sec.   63.10(d)(1)-(2)...............  General Reporting        Yes....................  Additional requirements
                                        Requirements and                                  are specified in Sec.
                                        Report of Performance                              63.5180(e).
                                        Test Results.
Sec.   63.10(d)(3)...................  Reporting Opacity or     No.....................  Subpart SSSS does not
                                        Visible Emissions                                 require opacity and
                                        Observations.                                     visible emissions
                                                                                observations.
Sec.   63.10(d)(4)...................  Progress Reports for     Yes....................
                                        Sources with
                                        Compliance Extensions.
Sec.   63.10(d)(5)...................  Startup, Shutdown,       Yes before August 24,
                                        Malfunction Reports.     2020, No on and after
                                                                 August 24, 2020.
Sec.   63.10(e)......................  Additional Reporting     No.....................
                                        Requirements for
                                        Sources with CMS.
Sec.   63.10(f)......................  Recordkeeping/Reporting  Yes....................
                                        Waiver.
Sec.   63.11.........................  Control Device           No.....................  Subpart SSSS does not
                                        Requirements/Flares.                              specify use of flares
                                                                                for compliance.
Sec.   63.12.........................  State Authority and      Yes....................
                                        Delegations.
Sec.   63.13(a)......................  Addresses..............  Yes before August 24,
                                                                 2020, No on and after
                                                                 August 24, 2020.
Sec.   63.13(b)......................  Submittal to State       Yes....................
                                        Agencies.
Sec.   63.13(c)......................  Submittal to State       Yes before August 24,
                                        Agencies.                2020, No unless the
                                                                 state requires the
                                                                 submittal via CEDRI,
                                                                 on and after August
                                                                 24, 2020.
Sec.   63.14.........................  Incorporation by         Yes....................  Subpart SSSS includes
                                        Reference.                                        provisions for
                                                                                alternative ASTM and
                                                                                ASME test methods that
                                                                                are incorporated by
                                                                                reference.
Sec.   63.15.........................  Availability of          Yes....................
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------

0
40. Table 3 to subpart SSSS of part 63 is added to read as follows:

  Table 3 to Subpart SSSS of Part 63--List of Hazardous Air Pollutants
 That Must Be Counted Toward Total Organic HAP Content if Present at 0.1
                         Percent or More by Mass
------------------------------------------------------------------------
                    Chemical name                           CAS No.
------------------------------------------------------------------------
1,1,2,2-Tetrachloroethane............................            79-34-5
1,1,2-Trichloroethane................................            79-00-5
1,1-Dimethylhydrazine................................            57-14-7
1,2-Dibromo-3-chloropropane..........................            96-12-8
1,2-Diphenylhydrazine................................           122-66-7
1,3-Butadiene........................................           106-99-0
1,3-Dichloropropene..................................           542-75-6
1,4-Dioxane..........................................           123-91-1
2,4,6-Trichlorophenol................................            88-06-2
2,4/2,6-Dinitrotoluene (mixture).....................         25321-14-6
2,4-Dinitrotoluene...................................           121-14-2
2,4-Toluene diamine..................................            95-80-7
2-Nitropropane.......................................            79-46-9
3,3'-Dichlorobenzidine...............................            91-94-1
3,3'-Dimethoxybenzidine..............................           119-90-4
3,3'-Dimethylbenzidine...............................           119-93-7
4,4'-Methylene bis(2-chloroaniline)..................           101-14-4
Acetaldehyde.........................................            75-07-0
Acrylamide...........................................            79-06-1
Acrylonitrile........................................           107-13-1
Allyl chloride.......................................           107-05-1
alpha-Hexachlorocyclohexane (a-HCH)..................           319-84-6
Aniline..............................................            62-53-3
Benzene..............................................            71-43-2

Benzidine............................................            92-87-5
Benzotrichloride.....................................            98-07-7
Benzyl chloride......................................           100-44-7
beta-Hexachlorocyclohexane (b-HCH)...................           319-85-7
Bis(2-ethylhexyl)phthalate...........................           117-81-7
Bis(chloromethyl)ether...............................           542-88-1
Bromoform............................................            75-25-2
Captan...............................................           133-06-2
Carbon tetrachloride.................................            56-23-5
Chlordane............................................            57-74-9
Chlorobenzilate......................................           510-15-6
Chloroform...........................................            67-66-3
Chloroprene..........................................           126-99-8
Cresols (mixed)......................................          1319-77-3
DDE..................................................          3547-04-4
Dichloroethyl ether..................................           111-44-4
Dichlorvos...........................................            62-73-7
Epichlorohydrin......................................           106-89-8
Ethyl acrylate.......................................           140-88-5
Ethylene dibromide...................................           106-93-4
Ethylene dichloride..................................           107-06-2
Ethylene oxide.......................................            75-21-8
Ethylene thiourea....................................            96-45-7
Ethylidene dichloride (1,1-Dichloroethane)...........            75-34-3
Formaldehyde.........................................            50-00-0
Heptachlor...........................................            76-44-8
Hexachlorobenzene....................................           118-74-1
Hexachlorobutadiene..................................            87-68-3
Hexachloroethane.....................................            67-72-1
Hydrazine............................................           302-01-2
Isophorone...........................................            78-59-1
Lindane (hexachlorocyclohexane, all isomers).........            58-89-9
m-Cresol.............................................           108-39-4
Methylene chloride...................................            75-09-2
Naphthalene..........................................            91-20-3
Nitrobenzene.........................................            98-95-3
Nitrosodimethylamine.................................            62-75-9
o-Cresol.............................................            95-48-7
o-Toluidine..........................................            95-53-4
Parathion............................................            56-38-2
p-Cresol.............................................           106-44-5
p-Dichlorobenzene....................................           106-46-7
Pentachloronitrobenzene..............................            82-68-8
Pentachlorophenol....................................            87-86-5
Propoxur.............................................           114-26-1
Propylene dichloride.................................            78-87-5
Propylene oxide......................................            75-56-9
Quinoline............................................            91-22-5
Tetrachloroethene....................................           127-18-4
Toxaphene............................................          8001-35-2
Trichloroethylene....................................            79-01-6
Trifluralin..........................................          1582-09-8
Vinyl bromide........................................           593-60-2
Vinyl chloride.......................................            75-01-4
Vinylidene chloride..................................            75-35-4
------------------------------------------------------------------------

[FR Doc. 2020-00303 Filed 2-24-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 10, 2010 (Volume 75, Number 27)]
[Notices]
[Page 6778-6779]
[DOCID:fr10fe10-151]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61496; File No. SR-NYSEArca-2009-113]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of a Proposed Rule Change To List and Trade the Sprott
Physical Gold Trust

February 4, 2010.

I. Introduction

    On December 15, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade units \3\ of the Sprott Physical
Gold Trust (the ``Trust'') pursuant to NYSE Arca Equities Rule 8.201.
The proposed rule change was published for comment in the Federal
Register on January 4, 2010.\4\ The Commission received no comments on
the proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Each unit represents an equal, fractional, undivided
ownership interest in the net assets of the Trust attributable to
the particular class of units.
    \4\ See Securities Exchange Act Release No. 61236 (December 23,
2009), 75 FR 170 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes to list and trade units (``Units'') of the
Trust under NYSE Arca Equities Rule 8.201. Sprott Asset Management LP
is the sponsor or manager of the Trust (``Sponsor'' or ``Manager'').\5\
RBC Dexia Investor Services Trust is the trustee of the Trust. The
Royal Canadian Mint is the custodian for the physical gold bullion
owned by the Trust and RBC Dexia serves as the custodian of the Trust's
assets other than physical gold bullion.
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    \5\ The Manager is a limited partnership existing under the laws
of Ontario, Canada, and acts as manager of the Trust pursuant to the
Trust's trust agreement and the management agreement. The Manager
provides management and advisory services to the Trust. Additional
details regarding the Trust are set forth in the Registration
Statement on Form F-1 for the Sprott Physical Gold Trust, filed with
the Commission on December 9, 2009 (No. 333-163601) (``Registration
Statement'').
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    The Units will be issued in an initial public offering. The Trust
may issue additional Units: (i) In future offerings if the gross
proceeds received by the Trust per Unit is not less than 100% of the
most recently calculated net asset value (``NAV'') or (ii) by way of a
distribution in Units in connection with an income distribution. The
Trust will not issue Units on an on-going or daily basis. At the start
of trading, the Trust will issue a minimum of 1,000,000 Units to at
least 400 holders (``Unitholders''). The Exchange states that the Units
satisfy the remaining criteria of NYSE Arca Equities Rule 8.201 and
thereby qualify for listing on the Exchange.\6\
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    \6\ With respect to application of Rule 10A-3 under the Act, the
Trust relies on the exemption contained in Rule 10A-3(c)(7).
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    The Trust's investment objective is for the Units to reflect the
performance of the price of gold bullion, less the expenses of the
Trust's operations. The Trust expects to own only London Good Delivery
physical gold bullion. The Trust is not actively managed and does not
engage in any activities designed to obtain a profit from, or to
ameliorate losses caused by, changes in the price of gold bullion.
    The Exchange states that the Trust does not intend to create
additional Units. The Units will be redeemable monthly at the option of
the holder for physical gold bullion or for cash subject to the certain
conditions. Generally, Units redeemed for physical gold will be
entitled to a redemption price equal to 100% of the NAV of the redeemed
Units on the last business day of the calendar month in which the
redemption request is processed, less redemption and delivery expenses.
Units redeemed for cash will be entitled to a redemption price equal to
95% of the lesser of: (i) The volume-weighted average trading price of
the Units traded on the NYSE Arca or, if trading has been suspended on
NYSE Arca, the trading price of the units traded on the Toronto Stock
Exchange, for the last five business days of the month in which the
redemption request is processed and (ii) the NAV of the redeemed Units
as of 4:00 p.m., Toronto time, on the last business day of such
month.\7\
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    \7\ See Notice and the Registration Statement, supra notes 4 and
5, respectively, for additional information.
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    Additional information regarding the Trust, the Units, the Trust's
investment objectives, strategies, policies, and restrictions, fees and
expenses, creation and redemption of Units, the gold market,
availability of information, trading rules and halts, and surveillance
procedures, among other things, can be found in the Notice and in the
Registration Statement, as applicable.\8\
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    \8\ Id.
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III. Discussion and Commission's Findings

    The Commisison has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of Section 6 of the
Act \9\ and the rules and regulations thereunder applicable to a
national securities exchange.\10\ In particular, the Commission finds
that the proposal is consistent with Section 6(b)(5) of the Act,\11\
which requires, among other things, that the Exchange's rules be
designed to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments and perfect the
mechanisms of a free and opemarket and to protect investors and the
public interest.
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    \9\ 15 U.S.C. 78f.
    \10\ In approving this proposed rule change the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. See 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78f(b)(5).
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    In addition, the Commission finds that the proposal to list and
trade Units on the Exchange is consistent with Section 11(a)(1)(C)(iii)
of the Act,\12\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors to
assure the availability to brokers, dealers and investors of
information with respect to quotations for and transactions in
securities. Quotation and last-sale information for the Units will be
available via the Consolidated Tape Association. The Trust's Web site
will provide an intraday indicative value (``IIV'') per share for the
Units, as calculated by a third party financial data provider during
the Exchange's Core Trading Session (9:30 a.m. to 4 p.m., New York
time). The IIV will be calculated based on a price of gold derived from
updated bids and offers indicative of the spot price of gold.\13\ In
addition, the Web site for the Trust will contain the following
information, on a per Unit basis, for the Trust: (a) The mid-point of
the bid-ask price \14\ at the close of trading in relation to the NAV
as of the time the NAV is calculated (``Bid/Ask Price''), and a
calculation of the premium or discount of such price against such NAV;
and (b) data in chart format displaying the frequency distribution of
discounts and premiums of the Bid/Ask Price against the NAV, within
appropriate ranges, for each of the four previous calendar quarters.
The Web site for the Trust will also provide the Trust's prospectus, as
well as the two most recent reports to stockholders. Finally, the Trust
Web site

will provide the last sale price of the Units as traded in the U.S.
market. In addition, the Exchange will make available over the
Consolidated Tape quotation information, trading volume, closing prices
and NAV for the Units from the previous day.
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    \12\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \13\ The IIV on a per Unit basis disseminated during the Core
Trading Session should not be viewed as a real-time update of the
NAV, which is calculated once a day.
    \14\ The bid-ask price of the Trust is determined using the
highest bid and lowest offer on the Consolidated Tape as of the time
of calculation of the closing day NAV.
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    The Commission further believes that the proposal to list and trade
the Units is reasonably designed to promote fair disclosure of
information that may be necessary to price the Units appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. Under NYSE Arca Equities Rule 7.34(a)(5), if the Exchange
becomes aware that the NAV is not being disseminated to all market
participants at the same time, it must halt trading on the NYSE
Marketplace until such time as the NAV is available to all market
participants. The Commission notes that the Exchange has received a
representation from the Trust that, prior to listing, the NAV would be
calculated daily and made available to all market participants at the
same time.\15\ Additionally, if the IIV is not being disseminated as
required, the Exchange may halt trading during the day in which the
disruption occurs; if the interruption persists past the day in which
it occurred, the Exchange will halt trading no later than the beginning
of the trading day following the interruption.\16\ Further, the
Exchange will consider suspension of trading pursuant to NYSE Arca Rule
8.201(e)(2) if, after the initial 12 month period following
commencement of trading: (1) The value of gold is no longer calculated
or available on at least a 15-second delayed basis from a source
unaffiliated with the Sponsor, Trust, custodian or the Exchange stops
providing a hyperlink on its Web site to any such unaffiliated
commodity value; or (2) if the IIV is no longer made available on at
least a 15-second delayed basis. With respect to trading halts, the
Exchange may consider all relevant factors in exercising its discretion
to halt or suspend trading in the Units. These may include: (1) The
extent to which conditions in the underlying gold market have caused
disruptions and/or lack of trading; or (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present. In addition, trading in Units will be
subject to trading halts caused by extraordinary market volatility
pursuant to the Exchange's ``circuit breaker'' rule.\17\
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    \15\ See supra note 4.
    \16\ See e-mail, dated February 4, 2010, from Tim Malinowski,
NYSE Arca, to Steve Varholik, Special Counsel, Division of Trading
and Markets, Commission.
    \17\ See NYSE Arca Equities Rule 7.12.
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    In addition, NYSE Arca Equities Rule 8.201 sets forth certain
requirements for ETP Holders acting as Market Makers in the Units.
Pursuant to NYSE Arca Equities Rule 8.201(h), an ETP Holder acting as a
registered Market Maker in the Units is required to provide the
Exchange with information relating to its trading in the underlying
gold, related futures or options on futures, or any other related
derivatives. NYSE Arca Equities Rule 8.201(i) prohibits an ETP Holder
acting as a registered Market Maker in the Units from using any
material nonpublic information received from any person associated with
an ETP Holder or employee of such person regarding trading by such
person or employee in the underlying gold, related futures or options
on futures or any other related derivative (including the Units).
    In support of this proposal, the Exchange has made representations
including:
    (1) The Units will be subject to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.201.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Units in all trading sessions and to
deter and detect violations of Exchange rules and applicable Federal
securities laws. Pursuant to NYSE Arca Equities Rule 8.201(h), the
Exchange is able to obtain information regarding trading in the Units
and the underlying gold, gold futures contracts, options on gold
futures, or any other gold derivative, through ETP Holders acting as
registered Market Makers, in connection with such ETP Holders'
proprietary or customer trades which they effect on any relevant
market. In addition, the Exchange may obtain trading information via
the Intermarket Surveillance Group (``ISG'') from other exchanges who
are members of the ISG.\18\
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    \18\ The Exchange notes that the New York Mercantile Exchange,
of which the COMEX is a division, is an ISG member, however, the
Tokyo Commodity Exchange, Inc. (``TOCOM'') is not an ISG member and
the Exchange does not have in place a comprehensive surveillance
sharing agreement with such market.
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    (3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Units.
Specifically, the Information Bulletin will discuss the following: (1)
The procedures for purchases and redemptions of Units; (2) NYSE Arca
Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP
Holders to learn the essential facts relating to every customer prior
to trading the Units; (3) how information regarding the IIV is
disseminated; (4) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Units prior to or concurrently
with the confirmation of a transaction; (5) the possibility that
trading spreads and the resulting premium or discount on the Units may
widen as a result of reduced liquidity of gold trading during the Core
and Late Trading Sessions after the close of the major world gold
markets; and (6) trading information.
    This approval order is based on the Exchange's representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \19\ and the
rules and regulations thereunder applicable to a national securities
exchange.
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    \19\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\20\ that the proposed rule change (SR-NYSEArca-2009-113) be, and
it hereby is, approved.
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    \20\ 15 U.S.C. 78s(b)(2)
    \21\ 17 CFR 200.30-3(a)(12)

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2960 Filed 2-9-10; 8:45 am]
BILLING CODE 8011-01-P