mass balance calculations, measurements when available, or engineering
judgment based on known process parameters (e.g., organic liquid
loading rates and control efficiencies). The EPA is proposing this
requirement to ensure that there is adequate information to determine
compliance, to allow the EPA to determine the severity of the failure
to meet an applicable standard, and to provide data that may document
how the source met the general duty to minimize emissions during a
failure to meet an applicable standard.
    We would no longer require owners or operators to determine whether
actions taken to correct a malfunction are consistent with an SSM plan,
because plans would no longer be required. The proposed amendments
would eliminate the cross-reference to 40 CFR 63.10(d)(5)(i) (at 40 CFR
63.2386(c)(5) and item 1.a of Table 11 to subpart EEEE) that contains
the description of the previously required SSM report format and
submittal schedule from this section. These specifications are no
longer necessary because the events will be reported in otherwise
required reports with similar format and submittal requirements.
    Requirements for flares. We are proposing to revise the General
Provisions table to subpart EEEE (Table 12) entry for 40 CFR 63.11(b)
by changing the ``yes'' in column 4 to a ``no'' in which 40 CFR
63.11(b) would be no longer applicable beginning 3 years after
publication of the final rule in the Federal Register. Refer to section
IV.A.1 of this preamble for discussion of this proposed revision.
c. Requirements for Safety Devices
    We are proposing to remove the safety device opening allowance of
40 CFR 63.2346(i) beginning 3 years after publication of the final rule
in the Federal Register. Pressure relief device provisions are
discussed in more detail in section IV.A.2 of this preamble.
d. Proposed Revisions Related to the Periods of Planned Routine
Maintenance of a Control Device and Bypass of Routing Emissions to a
Fuel Gas System or Process
    Under the current OLD rule, there are two allowances for storage
tank and transfer rack emission limits to exceed the standard for up to
240 hours per year: (1) Periods of planned routine maintenance of a
control device and (2) bypass of the fuel gas system or process if
emissions are routed to these for control. In 2004, the EPA added these
allowances in the final rule in response to a comment that suggested
that an allowance is needed for planned routine maintenance of control
devices when storage tanks cannot be taken out of service.\32\ These
allowances represent periods of shutdown for the control devices used
to comply with the standards, so we are proposing to remove these
allowance periods for transfer racks and storage tank working losses to
be consistent with our proposal to eliminate other SSM event exemptions
discussed earlier in this section of the preamble.
---------------------------------------------------------------------------

    \32\ See Response to Comments Document For Promulgated
Standards--Organic Liquid Distribution (Non-Gasoline) Industry [A-
98-13 V-C-01], available at Docket ID Item No. EPA-HQ-OAR-2003-0138-
0031.
---------------------------------------------------------------------------

    For transfer rack operations and storage tank working losses, most
facilities would likely be able to plan transfers to occur when the
control device is not shut down for maintenance. The owner or operator
of a storage tank or transfer operation also would have the option to
continue to transfer organic liquids during the planned routine
maintenance of the control device by operating a temporary control
device to meet the standards during these periods. We propose to
continue to allow storage tank breathing losses to occur during planned
routine maintenance of a control device for up to 240 hours per year
because these emissions would be significantly less than emptying and
degassing a storage tank prior to conducting planned routine
maintenance on a control device. We request comment on whether we
should allow some period of exceedance for solely tank breathing losses
during planned routine maintenance of a control device. See the
memorandum, 240-hour Exceedance Allowance Control Analysis, in the
docket for this action for details on alternative control costs and
impacts.
    We expect this change to result in emission reductions of HAP.
However, we do not have enough information to make an accurate estimate
of the HAP

emission reductions, and we are not including any in the environmental
impacts, although we expect these HAP emission reductions could be up
to 390 tpy based on assumptions about pump rates and number of hours
needed for the planned routine maintenance of the control device at
each controlled transfer rack. We present the cost impacts of this
proposed revision in section V.C of this preamble.
2. Electronic Reporting Requirements
    We are proposing that owners and operators of OLD facilities submit
electronic copies of required performance test reports, performance
evaluation reports, compliance reports, NOCS reports, and fenceline
monitoring reports through the EPA's Central Data Exchange (CDX) using
CEDRI. A description of the electronic data submission process is
provided in the memorandum, Electronic Reporting Requirements for New
Source Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) Rules, available in the docket for
this action. The proposed rule requires that performance test results
collected using test methods that are supported by the EPA's Electronic
Reporting Tool (ERT) as listed on the ERT website \33\ at the time of
the test be submitted in the format generated through the use of the
ERT and that other performance test results be submitted in portable
document format (PDF) using the attachment module of the ERT.
Similarly, performance evaluation results of continuous monitoring
systems measuring relative accuracy test audit pollutants that are
supported by the ERT at the time of the test must be submitted in the
format generated through the use of the ERT and other performance
evaluation results be submitted in PDF using the attachment module of
the ERT. The proposed rule requires that NOCS reports be submitted as a
PDF upload in CEDRI.
---------------------------------------------------------------------------

    \33\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
---------------------------------------------------------------------------

    For compliance reports and fenceline monitoring reports, the
proposed rule requires that owners and operators use the appropriate
spreadsheet template to submit information to CEDRI. Draft versions of
the proposed templates for these reports are available in the docket
for this action.\34\ We specifically request comment on the content,
layout, and overall design of the templates.
---------------------------------------------------------------------------

    \34\ See OLD_Compliance_Report_Draft_Template.xlsx and
OLD_Fenceline_Report_Draft_Template.xlsx, which are available in the
docket for this action.
---------------------------------------------------------------------------

    Additionally, we have identified two broad circumstances in which
electronic reporting extensions may be provided. In both circumstances,
the decision to accept the claim of needing additional time to report
is within the discretion of the Administrator, and reporting should
occur as soon as possible. We are providing these potential extensions
to protect owners and operators from noncompliance in cases where they
cannot successfully submit a report by the reporting deadline for
reasons outside of their control. The situation where an extension may
be warranted due to outages of the EPA's CDX or CEDRI which precludes
an owner or operator from accessing the system and submitting required
reports is addressed in 40 CFR 63.2386(i). The situation where an
extension may be warranted due to a force majeure event, which 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 an owner or
operator from complying with the requirement to submit a report
electronically as required by this rule is addressed in 40 CFR
63.2386(j). Examples of such events are acts of nature, acts of war or
terrorism, or equipment failure or safety hazards beyond the control of
the facility.
    The electronic submittal of the reports addressed in this proposed
rulemaking will increase the usefulness of the data contained in those
reports, is in keeping with current trends in data availability and
transparency, will further assist in the protection of public health
and the environment, will improve compliance by facilitating the
ability of regulated facilities to demonstrate compliance with
requirements and by facilitating the ability of delegated state, local,
tribal, and territorial air agencies and the EPA to assess and
determine compliance, and will ultimately reduce burden on regulated
facilities, delegated air agencies, and the EPA. Electronic reporting
also eliminates paper-based, manual processes, thereby saving time and
resources, simplifying data entry, eliminating redundancies, minimizing
data reporting errors, and providing data quickly and accurately to the
affected facilities, air agencies, the EPA, and the public. Moreover,
electronic reporting is consistent with the EPA's plan \35\ to
implement Executive Order 13563 and is in keeping with the EPA's
Agency-wide policy \36\ developed in response to the White House's
Digital Government Strategy.\37\ For more information on the benefits
of electronic reporting, see the memorandum, Electronic Reporting
Requirements for New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules,
available in the docket for this action.
---------------------------------------------------------------------------

    \35\ The EPA's Final Plan for Periodic Retrospective Reviews,
August 2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \36\ E-Reporting Policy Statement for EPA Regulations, September
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \37\ Digital Government: Building a 21st Century Platform to
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
---------------------------------------------------------------------------

3. Other Amendments and Corrections
    The EPA has noted a situation where compliance assurance may be
challenged or possibly compromised due to the current rule's
requirements for emission sources not requiring control as specified in
40 CFR 63.2343. In the current provisions, the ``annual average true
vapor pressure'' definition contains the determination options, which
include some testing methods as options but also allow for standard
reference texts. The EPA is proposing to require testing and
recordkeeping to confirm the annual average true vapor pressure at
least every 5 years, or with a change of commodity in the tank's
contents, whichever occurs first, to ensure the tank's applicability
and confirm that it should not be subject to the 95-percent control
requirements of the regulation. We are also proposing that this
periodic testing requirement may be met if the OLD responsible official
has been provided a certificate of analysis that includes vapor
pressure analysis data for the tank's contents by the liquid's supplier
within the 5-year period.
    The HAP content determination requirements are not expressly stated
in the ``organic liquids'' definition, but there are HAP content
determination methods listed in 40 CFR 63.2354. The methods include
testing and analysis, material safety data sheets, or certified product
data sheets. No frequency for making these determinations are specified
in the current OLD NESHAP. Similar to the annual true vapor pressure,
we are proposing a requirement that the contents of tanks that are
claimed to be not subject to the OLD NESHAP because they contain less
than 5-percent HAP (and, therefore, do not meet the definition of
``organic liquids'' within the OLD NESHAP)

should be tested every 5 years, or with a change of commodity in the
tank's contents, whichever occurs first, to confirm that the tank is
not storing ``organic liquids'' and, therefore, is not subject to the
rule. We are also proposing that this periodic testing requirement may
be met if the OLD responsible official has been provided HAP content
analysis data for the tank's contents by the liquid's supplier within
the 5-year period.
    The EPA is requesting comment on the need for these periodic
testing and analysis confirmations and also whether a definition of
``significant change to the tank's contents'' is necessary for
implementation purposes.
    We are proposing to revise 40 CFR 63.2354(c), which specified the
determination of HAP content of an organic liquid, by adding the
voluntary consensus standard (VCS), ATSM D6886-18, ``Standard Test
Method for Determination of the Weight Percent Individual Volatile
Organic Compounds in Waterborne Air-Dry Coatings by Gas
Chromatography,'' as another acceptable method. We are also proposing
to add a sentence at the end of this paragraph that requires analysis
by Method B or Method C in section of 4.3 of the VCS, ASTM D6886-18,
when organic liquids contain formaldehyde or carbon tetrachloride. The
rationale for adding the use of ASTM D8668-18 and its use as a
governing method for organic liquids that contain formaldehyde or
carbon tetrachloride results from the inability of Method 311 of
appendix A to 40 CFR part 63 to detect the presence of these compounds.
    We are proposing to amend the definition of the term ``annual
average true vapor pressure'' at 40 CFR 63.2406 by replacing one of the
acceptable methods for the determination of vapor pressure. We propose
to replace the method, ASTM D2879, ``Standard Test Method for Vapor
Pressure-Temperature Relationship and Initial Decomposition Temperature
of Liquids by Isoteniscope,'' with the method, ASTM D6378-18a,
``Standard Test Method for Determination of Vapor Pressure (VPX) of
Petroleum Products, Hydrocarbons, and Hydrocarbon-Oxygenate Mixtures
(Triple Expansion Method).'' ASTM D2879, the method in the current OLD
NESHAP, requires the use of an isoteniscope and involves heating the
sample until it boils, which can result in the loss of volatiles before
the vapor pressure is measured. The method we are proposing as a
replacement is a newer, automated device method that does not have this
step and is expected to produce more accurate vapor pressure
measurements for organic liquids regulated in the OLD NESHAP. This
method is suitable for a range of vapor to liquid ratios of 4:1 to 1:1.
We are also proposing that the use of this method to determine vapor
pressure of a liquid for the purposes of this rule sets the vapor to
liquid ratio at 4:1. Also, we are proposing to clarify in the
definition of the term ``annual average true vapor pressure'' regarding
how the American Petroleum Institute (API) Publication 2517,
Evaporative Loss from External Floating-Roof Tanks, third edition,
February 1989 (incorporated by reference, see 40 CFR 63.14) can be used
to calculate vapor pressure. API Publication 2517 does not prescribe
methods that measure the vapor pressure of a liquid. However, this
publication does serve as a standard reference, although, it is
somewhat dated. It contains a table of vapor pressures of a few pure
substances at temperatures between 40 and 100 degrees Fahrenheit. It
also has charts and equations that can calculate true vapor pressure
from stock temperature and Reid vapor pressure for crude oils and
refined petroleum stocks. AP-42 Chapter 7, which is publicly available,
contains similar information regarding the determination of vapor
pressure as described in API Publication 2517. For these reasons, we
are proposing to remove specific reference to API Publication 2517 in
the definition of the term ``annual average true vapor pressure.''
    At 40 CFR 63.2354(b)(3) and Table 5 to 40 CFR part 63, subpart
EEEE, item 1.a.i.(5), for performance tests on nonflare control
devices, we are proposing to clarify that Method 18 of appendix A-6 to
40 CFR part 60 (``Method 18'') and Method 320 of appendix A to 40 CFR
part 63 (``Method 320'') are not appropriate for a combustion control
device because these methods would not detect the presence of HAP,
other than those HAP present at the inlet of the control device, that
may be generated from the combustion device. Also, we are specifying
that Method 320 is not appropriate if the gas stream contains entrained
water droplets.
    At 40 CFR 63.2354(b)(4) and Table 5 to 40 CFR part 63, subpart
EEEE, item 1.a.i.(5), for performance tests on nonflare control
devices, for cases in which formaldehyde is present in the uncontrolled
vent stream, we are proposing to allow the use of Method 320 or Method
323 of appendix A to 40 CFR part 63 to measure the removal of
formaldehyde by the control device provided there are no entrained
water droplets in the gas stream.
    At Table 5 to 40 CFR part 63, subpart EEEE, item 1.a.i.(3), we are
replacing the specification of Method 3 of appendix A-2 to 40 CFR part
60 with Method 3A of appendix A-2 to 40 CFR part 60 because Method 3A
is more accurate.
    At 40 CFR 63.2354(b)(3)(ii)(B), we are proposing to clarify that
ASTM D6420-99 (Reapproved 2004) may be used as an alternative to Method
18 for target compounds not listed in section 1.1 of ASTM D6420-99
provided that you must demonstrate recovery of the compound in addition
to the other conditions stated in the current rule.
    At 40 CFR 63.2366(c), we are proposing to add specification of
written procedures for the operation of continuous emissions monitoring
systems (CEMS). At 40 CFR 63.2366(d), we are proposing to add
specification of location of sampling probe for CEMS.
    At 40 CFR 63.2406, we are proposing to add a definition of the term
condensate and to specify its regulation in this rule in the same way
crude oil is regulated at the definition of the term ``organic liquid''
and at Tables 2 and 2b to 40 CFR part 63, subpart EEEE. We are defining
the term condensate using the same definition that is used in 40 CFR
part 63, subpart HH. We are making this clarification to ensure that
condensate (which, like crude oil, is an unrefined reservoir fluid
having significant quantities of HAP) is treated in the same manner as
crude oil in the OLD NESHAP.
    The Energy Information Administration (EIA) collects and reports
data regarding crude oil and lease condensate production in EIA Form-
914 as combined values and defines crude oil to include lease
condensate.\38\ EIA defines crude oil in its glossary as ``Crude oil: A
mixture of hydrocarbons that exists in liquid phase in natural
underground reservoirs and remains liquid at atmospheric pressure after
passing through surface separating facilities. Depending upon the
characteristics of the crude stream, it may also include 1. Small
amounts of hydrocarbons that exist in gaseous phase in natural
underground reservoirs but are liquid at atmospheric pressure after
being recovered from oil well (casing head) gas in lease separators and
are subsequently comingled with the crude stream without being
separately measured. Lease condensate recovered as a liquid from
natural gas wells in lease or field separation facilities and later
mixed into the crude stream is also included; 2. Small amounts of

nonhydrocarbons produced with the oil, such as sulfur and various
metals; 3. Drip gases, and liquid hydrocarbons produced from tar sands,
oil sands, gilsonite, and oil shale.'' \39\ Therefore, because the
current definition of crude oil at 40 CFR 63.2406 defines crude oil to
mean any fluid named crude oil and because condensates are a
significant part of crude oil production stream and are often sold as
fluids called condensate, we are adding the term condensate and using
it in the proposed amendments to ensure that unrefined reservoir fluids
named as condensate, that have HAP contents with a similar range as
crude oils, are being regulated in the same manner as crude oil in the
OLD NESHAP.
---------------------------------------------------------------------------

    \38\ Monthly Crude Oil and Natural Gas Production, https://www.eia.gov/petroleum/production/.
    \39\ EIA Glossary, https://www.eia.gov/tools/glossary/index.php.
---------------------------------------------------------------------------

    We are adding the definition of the terms ``pressure relief
device'' and ``relief valve'' at 40 CFR 63.2406. The definitions of
these terms are the same as those included in the Petroleum Refinery
Sector final rule (see 83 FR 60696, November 26, 2018) and currently
used at 40 CFR part 63, subpart CC. We are also proposing to revise the
term ``pressure relief valve'' to ``relief valve'' at 40 CFR
63.2346(a)(4)(v).
    Finally, there are several additional revisions that we are
proposing to 40 CFR part 63, subpart EEEE to clarify text or correct
typographical errors, grammatical errors, and cross-reference errors.
These proposed editorial corrections and clarifications are summarized
in Table 9 of this preamble.

    Table 9--Summary of Proposed Editorial, Clarification, and Minor
               Corrections to 40 CFR Part 63, Subpart EEEE
------------------------------------------------------------------------
              Citation(s)                       Proposed revision
------------------------------------------------------------------------
40 CFR 63.2338(c)......................  Referencing correction. Change
                                          ``paragraphs (c)(1) through
                                          (4)'' to ``paragraphs (c)(1)
                                          through (3)'' because there is
                                          no paragraph (c)(4).
40 CFR 63.2342(d)......................  Referencing correction. Change
                                          ``in Sec.   63.2382(a) and
                                          (b)(1) through (3)'' to ``in
                                          Sec.   63.2382(a) and (b),''
                                          because there is no paragraph
                                          (b)(3).
40 CFR 63.2343(a)......................  Removing two uses of the
                                          extraneous phrase ``identified
                                          in paragraph (a) of this
                                          section.''
40 CFR 63.2346(a)(4)(v)................  Correcting the spelling of the
                                          word ``gauge.''
40 CFR 63.2343(c)(1)(iii)..............  Referencing correction. Change
                                          ``paragraph (b) or this
                                          section'' to ``paragraph (c)
                                          or this section.''
40 CFR 63.2346(a)(4)(ii) and (d)(2); 40  Referencing correction for U.S.
 CFR 63.2362(b)(2); 40 CFR                Department of Transportation
 63.2390(c)(2); and item 6 of Table 5     transport vehicle requirements
 to Subpart EEEE.                         from ``pressure test
                                          requirements of 49 CFR part
                                          180 for cargo tanks and 49 CFR
                                          173.31 for tank cars'' to
                                          ``qualification and
                                          maintenance requirements in 49
                                          CFR part 180, subpart E for
                                          cargo tanks and subpart F for
                                          tank cars''.
40 CFR 63.2350(a)......................  Referencing correction: Change
                                          ``in Sec.   63.2338(b)(1)
                                          through (4)'' to ``in Sec.
                                          63.2338(b)(1) through (5)''
                                          because the last item in the
                                          list was not included.
40 CFR 63.2354(b)(3)(i), (b)(3)(i)(A),   Removing the word ``EPA'' from
 (b)(3)(i)(B), (b)(3), (c); 40 CFR        the phrase ``EPA Method''
 63.2406(b) definition of ``vapor-tight   where the phrase precedes
 transport vehicle;'' and Table 5 to      designation of a method
 Subpart EEEE.                            published in title 40 of the
                                          CFR.
40 CFR 63.2354(c)......................  Changing the term used for the
                                          Occupational Safety and Health
                                          Administration's hazard
                                          communication standard from
                                          ``material safety data sheet
                                          (MSDS)'' to ``safety data
                                          sheet (SDS).''
40 CFR 63.2366(a)......................  Spelling out ``continuous
                                          monitoring system'' before the
                                          acronym ``CMS,'' which is a
                                          term defined at 40 CFR 63.2.
40 CFR 63.2406.........................  In the definition of the term,
                                          annual average true vapor
                                          pressure, removing the word
                                          ``standard'' from ``standard
                                          conditions'' because the
                                          conditions specified in this
                                          definition are not standard
                                          conditions as defined at 40
                                          CFR 63.2 and used in this
                                          subpart.
Table 9 to Subpart EEEE................  In item 8, correcting a cross-
                                          reference citation from
                                          63.2366(c) to 63.2366(b).
Table 12 to Subpart EEEE...............  Adding an entry for Sec.
                                          63.7(e)(4), which specifies
                                          the Administrator has the
                                          authority to require
                                          performance testing regardless
                                          of specification of
                                          performance testing at Sec.
                                          63.7(e)(1)-(3).
                                         Changing the entry for Sec.
                                          63.10(d)(2), Report of
                                          Performance Test Results, from
                                          Yes to No. Proposed 40 CFR
                                          63.2386 specifies how and when
                                          the performance test results
                                          are reported.
                                         Changing the entry for Sec.
                                          63.10(e)(3)(vi)-(viii), Excess
                                          Emissions Report and Summary
                                          Report, from Yes to No. This
                                          information is required to be
                                          submitted at proposed 40 CFR
                                          63.2386.
------------------------------------------------------------------------

F. What compliance dates are we proposing?

    Amendments to the OLD NESHAP proposed in this rulemaking for
adoption under CAA section 112(d)(2) and (3) and CAA section 112(d)(6)
are subject to the compliance deadlines outlined in the CAA under
section 112(i).
    For all of the requirements we are proposing under CAA sections
112(d)(2), (3), and (d)(6), we are proposing all affected sources must
comply with all of the amendments no later than 3 years after the
effective date of the final rule, or upon startup, whichever is later.
For existing sources, CAA section 112(i) provides that the compliance
date shall be as expeditiously as practicable, but no later than 3
years after the effective date of the standard. (``Section 112(i)(3)'s
three-year maximum compliance period applies generally to any emission
standard . . . promulgated under [section 112].'' Association of
Battery Recyclers v. EPA, 716 F.3d 667, 672 (D.C. Cir. 2013)). In
determining what compliance period is as expeditious as

practicable, we consider the amount of time needed to plan and
construct projects and change operating procedures.
    We are proposing new monitoring requirements for flares under CAA
section 112(d)(2) and (3). We anticipate that these requirements could
require engineering evaluations and, possibly in some limited cases,
require the installation of new flare monitoring equipment and possibly
new control systems to monitor and adjust assist gas (air or steam)
addition rates. Installation of new monitoring and control equipment on
flares will require the flare to be taken out of service. Depending on
the configuration of the flares and flare header system, taking the
flare out of service may also require a significant portion of the OLD
source to be shut down, especially if the facility is primarily a bulk
organic liquids terminal. Therefore, we are proposing that it is
necessary to provide 3 years after the effective date of the final rule
(or upon startup, whichever is later) for owners or operators to comply
with the new operating and monitoring requirements for flares.
    Under our technology review for equipment leaks under CAA section
112(d)(6), we are proposing to revise the LDAR requirements to add
connectors to the monitored equipment.
    Also, as a result of our technology review for storage tanks, we
are proposing to lower applicability thresholds for tanks requiring 95-
percent HAP control so that more tanks will require control than with
the existing OLD NESHAP. Furthermore, we are proposing tank fitting
LDAR requirements for fixed roof storage tanks that are below the
applicability threshold for 95-percent HAP control. We project some
owners and operators would require engineering evaluations,
solicitation and review of vendor quotes, contracting and installation
of control equipment, which would require affected storage tanks to be
out of service while the retrofits with IFR or closed vent systems are
being installed. In addition, facilities will need time to read and
understand the amended rule requirements and update standard operating
procedures. Therefore, we are proposing that it is necessary to provide
3 years after the effective date of the final rule (or upon startup,
whichever is later) for owners or operators to comply with the proposed
storage tank and equipment leak provisions.
    Finally, we are proposing to change the requirements for SSM by
removing the exemption from the requirements to meet the standard
during SSM periods and by removing the requirement to develop and
implement an SSM plan; we are also proposing electronic reporting
requirements. We are positing that facilities would need some time to
successfully accomplish these revisions, including time to read and
understand the amended rule requirements, to evaluate their operations
to ensure that they can meet the standards during periods of startup
and shutdown, as defined in the rule, and make any necessary
adjustments, and to convert reporting mechanisms to install necessary
hardware and software. The EPA recognizes the confusion that multiple
different compliance dates for individual requirements would create and
the additional burden such an assortment of dates would impose. From
our assessment of the time frame needed for compliance with the
entirety of the revised requirements, the EPA considers a period of 3
years after the effective date of the final rule to be the most
expeditious compliance period practicable and, thus, is proposing that
existing affected sources be in compliance with all of this
regulation's revised requirements within 3 years of the regulation's
effective date. For new sources that commence construction or
reconstruction after the publication date of this proposed action, we
are requiring compliance upon initial startup.

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    There are 177 sources currently operating OLD equipment subject to
the OLD NESHAP. A complete list of facilities that are currently
subject to the OLD NESHAP is available in Appendix 1 of the memorandum,
Residual Risk Assessment for the Organic Liquids Distribution (Non-
Gasoline) Source Category in Support of the 2019 Risk and Technology
Review Proposed Rule, which is available in the docket for this action.
    EPA projects four new liquids terminals and one major terminal
expansion that would be subject to the OLD NESHAP. These new sources
are not included in the risk assessment modeling effort but are
included in the impacts analysis.

B. What are the air quality impacts?

    The risk assessment model input file identifies approximately 2,400
tons HAP emitted per year from equipment regulated by the OLD NESHAP.
The predominant HAP compounds include toluene, hexane, methanol,
xylenes (mixture of o, m, and p isomers), benzene, styrene, methyl
isobutyl ketone, methylene chloride, methyl tert-butyl ether, and ethyl
benzene. More information about the baseline emissions in the risk
assessment model input file can be found in Appendix 1 of the
memorandum, Residual Risk Assessment for the Organic Liquids
Distribution (Non-Gasoline) Source Category in Support of the 2019 Risk
and Technology Review Proposed Rule, which is available in the docket
for this action. This proposed action would reduce HAP emissions from
OLD NESHAP sources. The EPA estimates HAP emission reductions of
approximately 386 tpy based on our analysis of the proposed actions
described in sections IV.D.1 and 2 in this preamble. More information
about the estimated emission reductions of this proposed action can be
found in the document, National Impacts of the 2019 Risk and Technology
Review Proposed Rule for the Organic Liquids Distribution (Non-
Gasoline) Source Category, which is available in the docket for this
action.
    We estimate a resulting reduction of the MIR from 20-in-1 million
to about 10-in-1 million. Likewise, population exposed to a cancer risk
of greater than or equal to 1-in-1 million would be reduced from
350,000 to about 220,000. While not explicitly calculated, we would
expect commensurate reductions in other risks metrics such as
incidence, acute risk, multipathway risks, and ecological risks.

C. What are the cost impacts?

    We estimate the total capital costs of these proposed amendments to
be approximately $4.5 million and the total annualized costs (including
recovery credits) to be $1.8 million per year (2016 dollars). We also
estimate the present value in 2016 of the costs is $8.4 million at a
discount rate of 3 percent and $6.2 million at 7 percent (2016
dollars). Calculated as an equivalent annualized value, which is
consistent with the present value of costs in 2016, the costs are $1.8
million at a discount rate of 3 percent and $1.5 million at a discount
rate of 7 percent (2016 dollars). The annualized costs include those
for operating and maintenance, and recovery credits of approximately
$400,000 per year from the reduction in leaks and evaporative emissions
from storage tanks. To estimate savings in chemicals not being emitted
(i.e., lost) due to the equipment leak control options, we applied a
recovery credit of $900 per ton of VOC to the VOC emission reductions
in the analyses. The $900 per ton recovery credit has historically been
used by the EPA to represent the variety of chemicals that are used as
reactants and produced at

synthetic organic chemical manufacturing facilities,\40\ however, we
recognize that this value is from a 2007 analysis and may be outdated.
Therefore, we solicit comment on the availability of more recent
information to potentially update the value used in this analysis to
estimate the recovery credits. We used an interest rate of 5 percent to
annualize the total capital costs. These estimated costs are associated
with amendments of the requirements for storage tanks, LDAR, flares,
and transfer racks. Table 10 of this preamble shows the estimated costs
for each of the equipment types. Detailed information about how we
estimated these costs are described in the following documents
available in the docket for this action: National Impacts of the 2019
Risk and Technology Review Proposed Rule for the Organic Liquids
Distribution (Non-Gasoline) Source Category, and Economic Impact and
Small Business Analysis for the Proposed OLD Production Risk and
Technology Review (RTR) NESHAP.
---------------------------------------------------------------------------

    \40\ U.S. EPA. 2007. Standards of Performance for Equipment
Leaks of VOC in the Synthetic Organic Chemicals Manufacturing
Industry; Standards of Performance for Equipment Leaks of VOC in
Petroleum Refineries (https://www.federalregister.gov/documents/2007/07/09/E7-13203/standards-of-performance-for-equipment-leaks-of-voc-in-the-synthetic-organic-chemicals-manufacturing). EPA-HQ-OAR-
2006-0699.

                Table 10--Summary of Costs of Proposed Amendments by Equipment Type, in Millions
                                                     [2016$]
----------------------------------------------------------------------------------------------------------------
                                                             Total annualized
                                                              cost (without        Annual       Total annualized
              Equipment type                 Capital cost    annual recovery      recovery     cost (with annual
                                                                 credits)          credits     recovery credits)
----------------------------------------------------------------------------------------------------------------
Storage tanks.............................            2.68               0.41            0.33               0.08
LDAR--connector monitoring................            1.64               0.57            0.08               0.49
Flares....................................            0.19               0.36             N/A               0.36
Transfer racks............................            0.00               0.88             N/A               0.88
                                           ---------------------------------------------------------------------
    Total.................................            4.51               2.22            0.41               1.81
----------------------------------------------------------------------------------------------------------------

D. What are the economic impacts?

    The EPA conducted economic impact analyses for this proposal, as
detailed in the memorandum, Economic Impact and Small Business Analysis
for the Proposed OLD Production Risk and Technology Review (RTR)
NESHAP, which is available in the docket for this action. The economic
impacts of the proposal are calculated as the percentage of total
annualized costs incurred by affected ultimate parent owners to their
revenues. This ratio provides a measure of the direct economic impact
to ultimate parent owners of OLD facilities while presuming no impact
on consumers. We estimate that none of the ultimate parent owners
affected by this proposal will incur total annualized costs of 0.2
percent or greater of their revenues. This estimate reflects the total
annualized costs without product recovery as a credit. Thus, these
economic impacts are low for affected companies and the industries
impacted by this proposal, and there will not be substantial impacts on
the markets for affected products. The costs of the proposal are not
expected to result in a significant market impact, regardless of
whether they are passed on to the purchaser or absorbed by the firms.

E. What are the benefits?

    The EPA did not monetize the benefits from the estimated emission
reductions of HAP associated with this proposed action. However, we
expect this proposed action would result in benefits associated with
HAP emission reductions and lower risk of adverse health effects in
communities near OLD sources.

VI. Request for Comments

    We solicit comments on this proposed action. In addition to general
comments on this proposed action, we are also interested in additional
data that may improve the risk assessments and other analyses. We are
specifically interested in receiving any improvements to the data used
in the site-specific emissions profiles used for risk assessment
modeling. Such data should include supporting documentation in
sufficient detail to allow characterization of the quality and
representativeness of the data or information. Section VII of this
preamble provides more information on submitting data.

VII. Submitting Data Corrections

    The site-specific emissions profiles used in the source category
risk and demographic analyses and instructions are available for
download on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/organic-liquids-distribution-national-emission-standards-hazardous. The data files include detailed information for each HAP
emissions release point for the facilities in the source category.
    If you believe that the data are not representative or are
inaccurate, please identify the data in question, provide your reason
for concern, and provide any ``improved'' data that you have, if
available. When you submit data, we request that you provide
documentation of the basis for the revised values to support your
suggested changes. To submit comments on the data downloaded from the
RTR website, complete the following steps:
    1. Within this downloaded file, enter suggested revisions to the
data fields appropriate for that information.
    2. Fill in the commenter information fields for each suggested
revision (i.e., commenter name, commenter organization, commenter email
address, commenter phone number, and revision comments).
    3. Gather documentation for any suggested emissions revisions
(e.g., performance test reports, material balance calculations).
    4. Send the entire downloaded file with suggested revisions in
Microsoft[supreg] Access format and all accompanying documentation to
Docket ID No. EPA-HQ-OAR-2018-0074 (through the method described in the
ADDRESSES section of this preamble).
    5. If you are providing comments on a single facility or multiple
facilities, you need only submit one file for all facilities. The file
should contain all suggested changes for all sources at that facility
(or facilities). We request that all data revision comments be
submitted in the form of updated Microsoft[supreg] Excel files that are
generated by the Microsoft[supreg] Access file. These files are

provided on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/organic-liquids-distribution-national-emission-standards-hazardous.

VIII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is a significant regulatory action that was submitted
to OMB for review. This action is a significant regulatory action
because it is likely to result in a rule that raises novel legal or
policy issues. This regulatory action is not likely to have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or state,
local, or tribal governments or communities. Any changes made in
response to OMB recommendations have been documented in the docket for
this action. The EPA has prepared an economic analysis, Economic Impact
and Small Business Analysis for the 2019 Proposed Amendments to the
National Emissions Standards for Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline), which is available in the docket
for this proposed rule.

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is expected to be an Executive Order 13771 regulatory
action. Details on the estimated costs of this proposed rule can be
found in the EPA's analysis of the potential costs and benefits
associate with this action.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to the OMB under the PRA. The Information
Collection Request (ICR) document that the EPA prepared has been
assigned EPA ICR number 1963.07. You can find a copy of the ICR in the
docket for this action, and it is briefly summarized here.
    We are proposing amendments that would change the reporting and
recordkeeping requirements for OLD operations. The proposed amendments
also require electronic reporting of performance test results and
reports and compliance reports. The information would be collected to
ensure compliance with 40 CFR part 63, subpart EEEE.
    Respondents/affected entities: Owners and operators of OLD
operations at major sources of HAP are affected by these proposed
amendments. These respondents include, but are not limited to,
facilities having NAICS codes: 4247 (Petroleum and Petroleum Products
Merchant Wholesalers), 4861 (Pipeline Transportation of Crude Oil), and
4931 (Warehousing and Storage).
    Respondent's obligation to respond: Mandatory under sections 112
and 114 of the CAA.
    Estimated number of respondents: 181 facilities.
    Frequency of response: Once or twice per year.
    Total estimated burden: 5,967 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $820,212 (per year), which includes $216,154
annualized capital or operation and maintenance costs.
    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.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden to the EPA using the docket identified
at the beginning of this rule. You may also send your ICR-related
comments to OMB's Office of Information and Regulatory Affairs via
email to<EMAIL_ADDRESS>Attention: Desk Officer for the
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after receipt, OMB must receive comments no
later than November 20, 2019. The EPA will respond to any ICR-related
comments in the final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this action are all small
businesses. The Agency has determined that nine small entities are
affected by these proposed amendments, which is 9 percent of all
affected ultimate parent businesses. These nine small businesses may
experience an impact of annualized costs of less than 0.20 percent of
their annual revenues. Details of this analysis are presented in the
Economic Impact and Small Business Analysis for the 2019 Proposed
Amendments to the National Emissions Standards for Hazardous Air
Pollutants: Organic Liquids Distribution (Non-Gasoline), available in
the docket for this action.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.

F. 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.

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

    This action does not have tribal implications as specified in
Executive Order 13175. None of the facilities that have been identified
as being affected by this action are owned or operated by tribal
governments or located within tribal lands. Thus, Executive Order 13175
does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866. This
action's health and risk assessments are contained in contained in
sections III.A and C and sections IV.B and C of this preamble and in
the Residual Risk Assessment for the Organic Liquids Distribution (Non-
Gasoline) Source Category in Support of the Risk and Technology Review
2019 Proposed Rule, which includes how risks to infants and children
are addressed, and which is available in the docket for this action.
The EPA expects that the emission reductions of HAP resulting from this
proposed action would improve children's health.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The EPA expects this proposed action
would not reduce crude oil supply, fuel production, coal production,
natural gas production, or electricity production. We estimate that
this proposed action would have minimal impact on the amount of imports
or exports of crude oils, condensates, or other organic liquids used in
the energy supply industries. Given the minimal impacts on energy
supply, distribution, and use as a whole nationally, all of which are
under the threshold screening criteria for compliance with this
Executive Order established by OMB, no significant adverse energy
effects are expected to occur.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves technical standards. Therefore, the EPA
conducted searches for the OLD NESHAP through the Enhanced National
Standards Systems Network database managed by the American National
Standards Institute (ANSI). We also contacted VCS organizations and
accessed and searched their databases. We conducted searches for
Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 18, 21, 22, 25,
25A, 26, 26A, and 27 of 40 CFR part 60, appendix A and Methods 301,
311, 316, 320, 325A, and 325B of 40 CFR part 63, appendix A. During the
EPA's VCS search, if the title or abstract (if provided) of the VCS
described technical sampling and analytical procedures that are similar
to the EPA's reference method, the EPA reviewed it as a potential
equivalent method. We reviewed all potential standards to determine the
practicality of the VCS for this rule. This review requires significant
method validation data that meet the requirements of Method 301 of
appendix A to 40 CFR part 63 for accepting alternative methods or
scientific, engineering, and policy equivalence to procedures in the
EPA reference methods. The EPA may reconsider determinations of
impracticality when additional information is available for particular
VCS.
    No applicable VCSs were identified for Methods 1A, 2A, 2D, 2F, 2G,
21, 22, 27, and 316.
    Seven VCSs were identified as an acceptable alternative to EPA test
methods for the purposes of this rule:
    (1) The VCS ANSI/ASME PTC 19-10-1981 Part 10, ``Flue and Exhaust
Gas Analyses,'' is an acceptable alternative to Method 3B manual
portion only and not the instrumental portion. Therefore, we are
proposing to add this standard as a footnote to item 1.a.i.(3) of Table
5 of 40 CFR part 63, subpart EEEE and incorporate this standard by
reference at 40 CFR 63.14(e)(1). ASME PTC 19.10 specifies methods,
apparatus, and calculations which are used in conjunction with
Performance Test Codes to determine quantitatively, the gaseous
constituents of exhausts resulting from stationary combustion sources.
The gases covered by this method are oxygen, carbon dioxide, carbon
monoxide, nitrogen, sulfur dioxide, sulfur trioxide, nitric oxide,
nitrogen dioxide, hydrogen sulfide, and hydrocarbons. Included are
instrumental methods as well as (normally, wet chemical) methods. This
method is available at the American National Standards Institute
(ANSI), 1899 L Street NW, 11th floor, Washington, DC 20036 and the
American Society of Mechanical Engineers (ASME), Three Park Avenue, New
York, NY 10016-5990. See https://wwww.ansi.org and https://www.asme.org.
    (2) The VCS ASTM D6420-18, ``Standard Test Method for Determination
of Gaseous Organic Compounds by Direct Interface Gas Chromatography-
Mass Spectrometry.'' This ASTM procedure has been approved by the EPA
as an alternative to Method 18 only when the target compounds are all
known, and the target compounds are all listed in ASTM D6420 as
measurable. ASTM D6420 should not be specified as a total VOC method.
Therefore, we are proposing to add this standard as a footnote to Table
5 to 40 CFR part 63, subpart EEEE and incorporate this standard by
reference at 40 CFR 63.14(e)(93). We are also proposing to update
reference to the older version of this standard (i.e., ASTM D6420-99
(Reapproved 2004) at 40 CFR 63.2354(b)(3) to the new 2018 version and
are proposing to remove reference to the old version of this standard
at 40 CFR 63.14(e)(90) for use in the OLD NESHAP. ASTM D6420 is a field
test method that employs a direct interface gas chromatograph/mass
spectrometer (GCMS) to determine the mass concentration of any subset
of 36 compounds listed in this method. Mass emission rates are
determined by multiplying the mass concentration by the effluent
volumetric flow rate. This field test method employs laboratory GCMS
techniques and QA/quality control (QC) procedures in common
application. This field test method provides data with accuracy and
precision similar to most laboratory GCMS instrumentation.
    (3) The VCS ASTM D6735-01(2009), ``Standard Test Method for
Measurement of Gaseous Chlorides and Fluorides from Mineral Calcining
Exhaust Sources Impinger Method,'' is an acceptable alternative to
Method 26 or Method 26A from Mineral Calcining Exhaust Sources, which
is specified at 40 CFR part 63, subpart SS, which is cited in the OLD
NESHAP. For further information about the EPA's proposal to allow the
use of this VCS in 40 CFR part 63, subpart SS, see the EPA's Ethylene
Production RTR proposed amendments in Docket ID No. EPA-HQ-OAR-2017-
0357. It is not being proposed for incorporation by reference in this
notice of proposed rulemaking.
    (4) The VCS California Air Resources Board (CARB) Method 310,
``Determination of Volatile Organic Compounds in Consumer Products and
Reactive Organic Compounds in Aerosol Coating Products'' is an
acceptable alternative to Method 311. However, we are not proposing to
specify use of this method in the OLD NESHAP because CARB Method 310 is
designed to measure the contents of aerosol cans and would not be well
suited for organic liquid samples regulated under the OLD NESHAP. It is
not being proposed for incorporation by reference in this notice of
proposed rulemaking.
    (5) The VCS ASTM D6348-12e1, ``Standard Test Method for
Determination of Gaseous Compounds by Extractive Direct Interface
Fourier Transform Infrared (FTIR) Spectroscopy,'' is an acceptable
alternative to Method 320. In the September 22, 2008, NTTA summary,
ASTM D6348-03(2010) was determined equivalent to Method 320 with
caveats. ASTM D6348-12e1 is an extractive FTIR based field test method
used to quantify gas phase concentrations of multiple target analytes
from stationary source effluent. Because an FTIR analyzer is
potentially capable of analyzing hundreds of compounds, this test
method is not analyte or source specific. This field test method
employs an extractive sampling system to direct stationary source
effluent to an FTIR spectrometer for the identification and
quantification of gaseous compounds. Concentration results are
provided. ASTM D6348-12e1 is a revised version of ASTM D6348-03(2010)
and includes a new section on accepting the results from direct
measurement of a certified

spike gas cylinder, but still lacks the caveats we placed on the ASTM
D6348-01(2010) version. The VCS ASTM D6348-12e1, ``Standard Test Method
for Determination of Gaseous Compounds by Extractive Direct Interface
Fourier Transform Infrared (FTIR) Spectroscopy,'' is an acceptable
alternative to Method 320 at this time with caveats requiring inclusion
of selected annexes to the standard as mandatory. We are proposing to
allow the use of this VCS as an alternative to Method 320 at 40 CFR
63.2354(b)(3) and (4) and at Table 5 to 40 CFR part 63, subpart EEEE
under conditions that the test plan preparation and implementation in
the Annexes to ASTM D6348-12e1, sections A1 through A8 are mandatory;
the percent (%) R must be determined for each target analyte (Equation
A5.5); %R must be 70% >= R <= 130%; if the %R value does not meet this
criterion for a target compound, then the test data is not acceptable
for that compound and the test must be repeated for that analyte (i.e.,
the sampling and/or analytical procedure should be adjusted before a
retest); and the %R value for each compound must be reported in the
test report and all field measurements must be corrected with the
calculated %R value for that compound by using the following equation:

Reported Results = ((Measured Concentration in Stack))/(%R) x 100.

    We are proposing to incorporate this method at 40 CFR 63.14(e)(85)
for use in the OLD NESHAP.
    (6) The VCS ISO 16017-2:2003, ``Indoor, Ambient and Workplace Air
Sampling and Analysis of Volatile Organic Compounds by Sorbent Tube/
Thermal Desorption/Capillary Gas Chromatography--Part 2: Diffusive
Sampling,'' is an acceptable alternative to Method 325B. This VCS is
already incorporated by reference in Method 325B.
    (7) The VCS ASTM D6196-03(2009), ``Standard Practice for Selection
of Sorbents, Sampling and Thermal Desorption Analysis Procedures for
Volatile Organic Compounds in Air,'' is an acceptable alternative to
Methods 325A and 325B. This VCS is already incorporated by reference in
Method 325B.
    Additionally, the EPA proposes to use ASTM D6886-18, ``Standard
Test Method for Determination of the Weight Percent Individual Volatile
Organic Compounds in Waterborne Air-Dry Coatings by Gas
Chromatography,'' and ASTM D6378-18a, ``Standard Test Method for
Determination of Vapor Pressure (VPX) of Petroleum Products,
Hydrocarbons, and Hydrocarbon-Oxygenate Mixtures (Triple Expansion
Method).'' ASTM D6886-18 is proposed to be used as one acceptable
method to determine the percent weight of HAP in organic liquid,
especially for liquids that contain a significant amount of carbon
tetrachloride or formaldehyde, which are not detected using the Flame
Ionization Detector based standard in the governing method currently
cited in the OLD NESHAP (i.e., Method 311). ASTM D6378-18a is proposed
to be used as a method to determine the vapor pressure of a liquid and
whether equipment that stores or transfers such liquid is subject to
emission standards of the OLD NESHAP.
    The ASTM methods proposed for incorporation by reference are
available at ASTM International, 100 Barr Harbor Drive, Post Office Box
C700, West Conshohocken, PA 19428-2959. See https://www.astm.org/.
During the comment period, these methods are available in read-only
format at https://www.astm.org/EPA.htm.
    Finally, the EPA proposes to use EPA-454/B-08-002, ``Quality
Assurance Handbook for Air Pollution Measurement Systems. Volume IV:
Meteorological Measurements Version 2.0 (Final).'' If an owner or
operator of an OLD source opts to implement a fenceline monitoring
program proposed at 40 CFR 63.2348 and if the owner or operator opts to
collect meteorological data from an on-site meteorological station,
then the proposed rule requires the owner or operator to standardize,
calibrate, and operate the meteorological station according to the
procedures set forth in this document. This document is available in
the docket for this action.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    Our analysis of the demographics of the population with estimated
risks greater than 1-in-1 million indicates potential disparities in
risks between demographic groups, including the African American,
Hispanic or Latino, Over 25 Without a High School Diploma, and Below
the Poverty Level groups. In addition, the population living within 50
km of OLD facilities has a higher percentage of minority, lower income,
and lower education people when compared to the nationwide percentages
of those groups. However, acknowledging these potential disparities,
the risks for the source category were determined to be acceptable, and
emissions reductions from the proposed revisions will benefit these
groups the most.
    The documentation for this decision is contained in sections IV.B
and C of this preamble, and the technical report, Risk and Technology
Review--Analysis of Demographic Factors for Populations Living Near
Organic Liquids Distribution (Non-Gasoline) Source Category Operations,
which is available in the docket for this action.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Reporting and recordkeeping
requirements.

    Dated: September 26, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR part 63 as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

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

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

Subpart A--[Amended]

0
2. Section 63.14 is amended by:
0
a. In paragraphs (h)(31) and (32), removing the phrase ``63.2406,''
without replacement;
0
b. Revising paragraphs (a), (e)(1) and (h)(85);
0
c. Redesignating paragraphs (h)(100) through (111) as paragraphs
(h)(103) through (114), paragraphs (h)(92) through (99) as paragraphs
(h)(94) through (101), and paragraphs (h)(89) through (91) as
paragraphs (h)(90) through (92), respectively;
0
d. Adding new paragraph (h)(89);
0
e. Revising newly redesignated paragraph (h)(91);
0
f. Adding new paragraph (h)(93);
0
g. Adding new paragraph (h)(102); and
0
h. Revising paragraph (n)(2).
    The revisions and additions read as follows:

Sec.  63.14  Incorporations by reference.

    (a) Certain material is incorporated by reference into this part
with the

approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To enforce any edition other than that specified in
this section, the EPA must publish a document in the Federal Register
and the material must be available to the public. All approved material
is available for inspection at the EPA Docket Center Reading Room, WJC
West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC,
telephone number<PHONE_NUMBER>, and is available from the sources listed
below. It is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, email<EMAIL_ADDRESS>or go to
www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
    (e) * * *
    (1) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus], issued August 31, 1981, IBR approved
for Sec. Sec.  63.309(k), 63.457(k), 63.772(e) and (h), 63.865(b),
63.1282(d) and (g), 63.1625(b), table 5 to subpart EEEE, 63.3166(a),
63.3360(e), 63.3545(a), 63.3555(a), 63.4166(a), 63.4362(a), 63.4766(a),
63.4965(a), 63.5160(d), table 4 to subpart UUUU, 63.9307(c),
63.9323(a), 63.11148(e), 63.11155(e), 63.11162(f), 63.11163(g),
63.11410(j), 63.11551(a), 63.11646(a), and 63.11945, table 5 to subpart
DDDDD, table 4 to subpart JJJJJ, table 4 to subpart KKKKK, tables 4 and
5 of subpart UUUUU, table 1 to subpart ZZZZZ, and table 4 to subpart
JJJJJJ.
* * * * *
    (h) * * *
    (85) ASTM D6348-12e1, Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved
for Sec. Sec.  63.1571(a), 63.2354(b), and table 5 to subpart EEEE.
* * * * *
    (89) ASTM D6378-18a, Standard Test Method for Determination of
Vapor Pressure (VPX) of Petroleum Products, Hydrocarbons, and
Hydrocarbon-Oxygenate Mixtures (Triple Expansion Method), approved
December 1, 2018, IBR approved for Sec. Sec.  63.2343(b)(5) and
63.2406.
* * * * *
    (91) ASTM D6420-99 (Reapproved 2004), Standard Test Method for
Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography-Mass Spectrometry, Approved October 1, 2004, IBR
approved for Sec. Sec.  63.457(b), 63.485(g), 60.485a(g), 63.772(a),
63.772(e), 63.1282(a) and (d), and table 8 to subpart HHHHHHH.
* * * * *
    (93) ASTM D6420-18, Standard Test Method for Determination of
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry, Approved October 1, 2018, IBR approved for Sec.
63.2354(b), and table 5 to subpart EEEE.
* * * * *
    (102) ASTM D6886-18, Standard Test Method for Determination of the
Weight Percent Individual Volatile Organic Compounds in Waterborne Air-
Dry Coatings by Gas Chromatography, approved October 1, 2018, IBR
approved for Sec.  63.2354(c).
* * * * *
    (n) * * *
    (2) EPA-454/B-08-002, Office of Air Quality Planning and Standards
(OAQPS), Quality Assurance Handbook for Air Pollution Measurement
Systems, Volume IV: Meteorological Measurements, Version 2.0 (Final),
March 24, 2008, IBR approved for Sec. Sec.  63.658(d), 63.2348(d) and
appendix A to this part: Method 325A.
* * * * *

Subpart EEEE--National Emission Standards for Hazardous Air
Pollutants: Organic Liquids Distribution (Non-Gasoline)

0
3. Section 63.2338 is amended by revising paragraph (c) introductory
text to read as follows:

Sec.  63.2338  What parts of my plant does this subpart cover?

* * * * *
    (c) The equipment listed in paragraphs (c)(1) through (3) of this
section and used in the identified operations is excluded from the
affected source.
* * * * *
0
4. Section 63.2342 is amended by revising paragraph (a) introductory
text, paragraph (b) introductory text, and adding paragraphs (e) and
(f) to read as follows:

Sec.  63.2342  When do I have to comply with this subpart?

    (a) Except as specified in paragraph (e) of this section, if you
have a new or reconstructed affected source, you must comply with this
subpart according to the schedule identified in paragraph (a)(1), (2),
or (3) of this section, as applicable.
* * * * *
    (b) Except as specified in paragraph (e) of this section, if you
have an existing affected source, you must comply with this subpart
according to the schedule identified in paragraph (b)(1), (2), or (3)
of this section, as applicable.
* * * * *
    (d) You must meet the notification requirements in Sec. Sec.
63.2343 and 63.2382(a), as applicable, according to the schedules in
Sec.  63.2382(a) and (b)(1) through (2) and in subpart A of this part.
Some of these notifications must be submitted before the compliance
dates for the emission limitations, operating limits, and work practice
standards in this subpart.
    (e) An affected source that commenced construction or
reconstruction on or before October 21, 2019, must be in compliance
with the requirements listed in paragraphs (e)(1) through (7) of this
section upon initial startup or [date 3 years after date of publication
of final rule in the Federal Register], whichever is later. An affected
source that commenced construction or reconstruction after October 21,
2019, must be in compliance with the requirements listed in paragraphs
(e)(1) through (7) of this section upon initial startup.
    (1) The requirements for storage tanks not requiring control
specified in Sec.  63.2343(b)(4) through (7).
    (2) The requirements for storage tanks at an existing affected
source specified in Sec.  63.2346(a)(5) and (6), Sec.
63.2386(d)(3)(iii), Sec.  63.2396(a)(4), Table 2 to this subpart,
footnote (2), and Table 2b to this subpart.
    (3) The equipment leak requirements specified in Sec.  63.2346(l),
Table 4 to this subpart, item 7, and footnote (1), Table 10 to this
subpart, item 5.b.i and footnote (1).
    (4) The fenceline monitoring requirements specified in Sec.
63.2348, Sec.  63.2386(k), and Sec.  63.2390(i) according to the
compliance dates specified in paragraph (f) of this section.
    (5) The flare requirements specified in Sec.  63.2346(k), Sec.
63.2382(d)(2)(ix), Sec.  63.2386(d)(5), Sec.  63.2390(h), Table 2 to
this subpart, footnote (1), Table 3 to this subpart, item 7.d, Table 8
to this subpart, items 1.a.iii and 2.a.iii, and Table 9 to this
subpart, item 7.e.
    (6) The requirements specified in Sec.  63.2346(m), Sec.
63.2350(d), Sec.  63.2366(c), Sec.  63.2390(f) and (g), Sec.
63.2386(c)(11) and (12), Sec.  63.2386(d)(1)(xiii) and (f) through (j),
Sec.  63.2378(e), Table 9 to this subpart, footnote (1), and Table 10
to this subpart, items 1.a.i and 2.a.ii.
    (7) The performance testing requirements specified in Sec.
63.2354(b)(6).
    (f) For each OLD operation complying with the requirements in Sec.
63.2348:

    (1) An affected source that commenced construction or
reconstruction on or before October 21, 2019, must submit modeling
results, proposed analytes, and action levels according to the
requirements of Sec.  63.2348(b) upon initial startup or [date 1 year
after date of publication of final rule in the Federal Register],
whichever is later. All affected sources that commenced construction or
reconstruction after October 21, 2019, must submit modeling results,
proposed analytes and action levels according to the requirements of
Sec.  63.2348(b) as part of your permit application for the new OLD
operations.
    (2) An affected source that commenced construction or
reconstruction on or before October 21, 2019, must obtain approval of
the modeling results, proposed analytes, and action levels submitted in
paragraph (f)(1) of this section and be in compliance with all
requirements of Sec.  63.2348 upon initial startup or [date 2 years
after date of publication of final rule in the Federal Register],
whichever is later. An affected source that commenced construction or
reconstruction after October 21, 2019, must obtain approval of the
modeling results, proposed analytes, and action levels submitted in
paragraph (f)(1) of this section and must be in compliance with all
requirements listed in Sec.  63.2348 by initial startup.
0
5. Section 63.2343 is amended by:
0
a. Revising the introductory text, paragraph (a), and paragraph (b)
introductory text;
0
b. Adding paragraphs (b)(4) through (b)(7);
0
c. Revising paragraph (c)(1)(iii); and
0
d. Adding paragraph (e).
    The revisions and additions read as follows:

Sec.  63.2343  What are my requirements for emission sources not
requiring control?

    This section establishes the notification, recordkeeping, and
reporting requirements for emission sources identified in Sec.  63.2338
that do not require control under this subpart (i.e., under Sec.
63.2346(a) through (e)). Such emission sources are not subject to any
other notification, recordkeeping, or reporting sections in this
subpart, including Sec.  63.2350(c), except as indicated in paragraphs
(a) through (e) of this section.
    (a) For each storage tank subject to this subpart having a capacity
of less than 18.9 cubic meters (5,000 gallons), you must comply with
paragraph (e) of this section. Also, for each storage tank subject to
this subpart having a capacity of less than 18.9 cubic meters (5,000
gallons) and for each transfer rack subject to this subpart that only
unloads organic liquids (i.e., no organic liquids are loaded at any of
the transfer racks), you must keep documentation that verifies that
each storage tank and transfer rack identified in paragraph (a) of this
section is not required to be controlled. The documentation must be
kept up-to-date (i.e., all such emission sources at a facility are
identified in the documentation regardless of when the documentation
was last compiled) and must be in a form suitable and readily available
for expeditious inspection and review according to Sec.  63.10(b)(1),
including records stored in electronic form in a separate location. The
documentation may consist of identification of the tanks and transfer
racks identified in paragraph (a) of this section on a plant site plan
or process and instrumentation diagram (P&ID).
    (b) Except as specified in paragraph (b)(7) of this section, for
each storage tank subject to this subpart having a capacity of 18.9
cubic meters (5,000 gallons) or more that is not subject to control
based on the criteria specified in Table 2 to this subpart, items 1
through 6, you must comply with the requirements specified in
paragraphs (b)(1) through (6) of this section.
* * * * *
    (4) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must monitor each potential source of vapor leakage
from each fixed roof storage tank and its closure devices for leaks as
specified in paragraphs (b)(4)(i) through (iii) of this section.
    (i) Conduct monitoring using Method 21 of part 60, appendix A-7 of
this chapter within 90 days after the initial fill. You must conduct
subsequent monitoring no later than 1 year after previous monitoring is
performed, provided the fixed roof storage tank contains organic
liquid.
    (A) Calibrate the instrument before use on the day of its use
according to the procedures in Method 21 of 40 CFR part 60, appendix A-
7 of this chapter. Calibration gases must be zero air and a mixture of
methane in air at a concentration of no greater than 2,000 parts per
million.
    (B) Perform a calibration drift assessment, at a minimum, at the
end of each monitoring day using the same calibration gas that was used
to calibrate the instrument before use. Follow the procedures in
Section 10.1 of Method 21 of part 60, appendix A-7 to this chapter,
except do not adjust the meter readout to correspond to the calibration
gas value. Divide the arithmetic difference of the initial and post-
test calibration response by the corresponding calibration gas value
and multiply by 100 to express the calibration drift as a percentage.
    (C) If the calibration drift assessment shows a negative drift of
more than 10 percent from the initial calibration response, you must
re-monitor all equipment monitored since the last calibration with
instrument readings below the appropriate leak definition and above the
leak definition multiplied by (100 minus the percent of negative drift/
divided by 100).
    (ii) An instrument reading of 500 parts per million by volume
(ppmv) or greater defines a leak.
    (iii) When a leak is identified, you must either complete repairs
or completely empty the fixed roof storage tank within 45 days. If a
repair cannot be completed or the fixed roof storage tank cannot be
completely emptied within 45 days, you may use up to two extensions of
up to 30 additional days each. Keep records documenting each decision
to use an extension, as specified in paragraphs (b)(4)(iii)(A) through
(C) of this section. Not repairing or emptying the fixed roof storage
tank within the time frame specified in this paragraph is a deviation.
If you do not empty or repair leaks before the end of the second
extension period, report the date when the fixed roof storage tank was
emptied or repaired in your compliance report.
    (A) Records for a first extension must include a description of the
defect, documentation that alternative storage capacity was unavailable
in the 45-day period after the inspection and a schedule of actions
that you took in an effort to either repair or completely empty the
fixed roof storage tank during the extension period.
    (B) For a second extension, if needed, you must maintain records
documenting that alternative storage capacity was unavailable during
the first extension period and a schedule of the actions you took to
ensure that the fixed roof storage tank was completely emptied or
repaired by the end of the second extension period.
    (C) Record the date on which the fixed roof storage tank was
completely emptied, if applicable.
    (5) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must conduct periodic vapor pressure analyses or obtain
vapor pressure analysis data from the organic liquid supplier according
to the schedule specified in paragraphs (b)(5)(i) and (ii) of this
section to demonstrate that the annual average true vapor pressure of
the organic liquid

associated with each storage tank is below control thresholds. For each
periodic vapor pressure analysis, you must use ASTM D6378-18a
(incorporated by reference, see Sec.  63.14), a vapor to liquid ratio
of 4:1, and the actual annual average temperature as defined in this
subpart. Maintain records of each periodic annual average true vapor
pressure analysis according to the requirements of Sec.  63.2394.
    (i) For each existing affected source, and for each new and
reconstructed affected source that commences construction or
reconstruction after April 2, 2002, and on or before October 21, 2019,
you must obtain analysis data or conduct the first periodic vapor
pressure analysis on or before [date 3 years after date of publication
of final rule in the Federal Register] and obtain analysis data or
conduct subsequent periodic vapor pressure analyses no later than 60
months thereafter following the previous analysis, or if the contents
of storage tank are a different commodity since the previous analysis,
whichever occurs first.
    (ii) For each new and reconstructed affected source that commences
construction or reconstruction after October 21, 2019, you must obtain
analysis data or conduct the first periodic vapor pressure analysis no
later than 60 months following the initial analysis required by Sec.
63.2358 and obtain analysis data or conduct subsequent periodic vapor
pressure analyses no later than 60 months thereafter following the
previous analysis, or if the contents of storage tank are a different
commodity since the previous analysis, whichever occurs first.
    (6) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must conduct periodic HAP content analyses or obtain
HAP content analysis data from the organic liquid supplier according to
the schedule specified in paragraphs (b)(6)(i) and (ii) of this section
to demonstrate that the HAP content of the organic liquid associated
with each storage tank is below control thresholds. For each periodic
HAP content analysis, you must use the procedures specified in Sec.
63.2354(c), except you may not use voluntary consensus standards,
safety data sheets (SDS), or certified product data sheets. Maintain
records of each periodic HAP content analysis according to the
requirements of Sec.  63.2394.
    (i) For each existing affected source, and for each new and
reconstructed affected source that commences construction or
reconstruction after April 2, 2002, and on or before October 21, 2019,
you must obtain analysis data or conduct the first periodic HAP content
analysis on or before [date 3 years after date of publication of final
rule in the Federal Register] and obtain analysis data or conduct
subsequent periodic HAP content analyses no later than 60 months
thereafter following the previous analysis, or if the contents of
storage tank have changed significantly since the previous analysis,
whichever occurs first.
    (ii) For each new and reconstructed affected source that commences
construction or reconstruction after October 21, 2019, you must obtain
analysis data or conduct the first periodic HAP content analysis no
later than 60 months following the initial analysis required by Sec.
63.2358 and obtain analysis data or conduct subsequent periodic HAP
content analyses no later than 60 months thereafter following the
previous analysis, or if the contents of storage tank have changed
significantly since the previous analysis, whichever occurs first.
    (7) Beginning no later than the compliance dates specified in Sec.
63.2342(e), the conditions specified in paragraphs (b)(7)(i) and (ii)
apply.
    (i) Except as specified in paragraph (b)(7)(ii) of this section,
the requirements specified in paragraphs (b)(1) through (6) of this
section apply to the following storage tanks:
    (A) Storage tanks at an existing affected source subject to this
subpart having a capacity of 18.9 cubic meters (5,000 gallons) or more
that are not subject to control based on the criteria specified in
Table 2b of this subpart, items 1 through 3.
    (B) Storage tanks at a reconstructed or new affected source subject
to this subpart having a capacity of 18.9 cubic meters (5,000 gallons)
or more that are not subject to control based on the criteria specified
in Table 2 to this subpart, items 3 through 6.
    (ii) If you choose to meet the fenceline monitoring requirements
specified in Sec.  63.2348, then you are not required to comply with
paragraphs (b)(4) and (b)(7)(i) of this section. Instead, you may
continue to comply with paragraphs (b)(1) through (3) of this section
for each storage tank subject to this subpart having a capacity of 18.9
cubic meters (5,000 gallons) or more that is not subject to control
based on the criteria specified in Table 2 to this subpart, items 1
through 6.
    (c) * * *
    (1) * * *
    (iii) If you are already submitting a Notification of Compliance
Status or a first Compliance report under Sec.  63.2386(c), you do not
need to submit a separate Notification of Compliance Status or first
Compliance report for each transfer rack that meets the conditions
identified in paragraph (c) of this section (i.e., a single
Notification of Compliance Status or first Compliance report should be
submitted).
* * * * *
    (e) Beginning no later than the compliance dates specified in Sec.
63.2342(e), for each fixed roof storage tank having a capacity less
than 18.9 cubic meters (5,000 gallons) but greater than 3.8 cubic
meters (1,000 gallons) storing an organic liquid with an annual average
true vapor pressure greater than 10.3 kilopascals (1.5 psia), you must
monitor each closure device and potential source of vapor leakage as
specified in paragraphs (e)(1) through (3) of this section.
    (1) Conduct monitoring using Method 21 of part 60, appendix A-7 of
this chapter within 90 days after the initial fill. You must conduct
subsequent monitoring no later than 1 year after the previous
monitoring is performed, provided the fixed roof storage tank contains
organic liquid.
    (i) Calibrate the instrument before use on the day of its use
according to the procedures in Method 21 of 40 CFR part 60, appendix A-
7 of this chapter. Calibration gases must be zero air and a mixture of
methane in air at a concentration of no greater than 2,000 parts per
million.
    (ii) Perform a calibration drift assessment, at a minimum, at the
end of each monitoring day using the same calibration gas that was used
to calibrate the instrument before use. Follow the procedures in
Section 10.1 of Method 21 of part 60, appendix A-7 to this chapter,
except do not adjust the meter readout to correspond to the calibration
gas value. Divide the arithmetic difference of the initial and post-
test calibration response by the corresponding calibration gas value
and multiply by 100 to express the calibration drift as a percentage.
    (iii) If the calibration drift assessment shows a negative drift of
more than 10 percent, you must re-monitor all equipment monitored since
the last calibration.
    (2) An instrument reading of 500 ppmv or greater defines a leak.
    (3) When a leak is identified, you must either complete repairs or
completely empty the fixed roof storage tank within 45 days. If a
repair cannot be completed or the fixed roof storage tank cannot be
completely emptied within 45 days, you may use up to two extensions of
up to 30 additional days

each. Keep records documenting each decision to use an extension, as
specified in paragraphs (e)(3)(i) through (iii) of this section. Not
repairing or emptying the fixed roof storage tank within the time frame
specified in this paragraph is a deviation. If you do not empty or
repair leaks before the end of the second extension period, report the
date when the fixed roof storage tank was emptied or repaired in your
compliance report.
    (i) Records for a first extension must include a description of the
defect, documentation that alternative storage capacity was unavailable
in the 45-day period after the inspection and a schedule of actions
that you took in an effort to either repair or completely empty the
fixed roof storage tank during the extension period.
    (ii) For a second extension, if needed, you must maintain records
documenting that alternative storage capacity was unavailable during
the first extension period and a schedule of the actions you took to
ensure that the fixed roof storage tank was completely emptied or
repaired by the end of the second extension period.
    (iii) Record the date on which the fixed roof storage tank was
completely emptied, if applicable.
0
6. Section 63.2346 is amended by:
0
a. Revising paragraph (a) introductory text, paragraphs (a)(1), (a)(2),
(a)(4)(ii), (a)(4)(iv), paragraph (a)(4)(v) introductory text, and
paragraph (a)(4)(v)(A);
0
b. Adding paragraphs (a)(5) and (a)(6);
0
c. Revising paragraphs (b)(1), (b)(2), (c), (d)(2), (e), (f) and (i);
and
0
d. Adding paragraphs (k), (l), and (m).
    The revisions and additions read as follows:

Sec.  63.2346   What emission limitations, operating limits, and work
practice standards must I meet?

    (a) Storage tanks. Except as specified in paragraph (a)(5) and (m)
of this section, for each storage tank storing organic liquids that
meets the tank capacity and liquid vapor pressure criteria for control
in Table 2 to this subpart, items 1 through 5, you must comply with
paragraph (a)(1), (2), (3), or (4) of this section. For each storage
tank storing organic liquids that meets the tank capacity and liquid
vapor pressure criteria for control in Table 2 to this subpart, item 6,
you must comply with paragraph (a)(1), (2), or (4) of this section.
    (1) Meet the emission limits specified in Table 2 or 2b to this
subpart and comply with paragraph (m) of this section and the
applicable requirements specified in 40 CFR part 63, subpart SS, for
meeting emission limits, except substitute the term ``storage tank'' at
each occurrence of the term ``storage vessel'' in subpart SS.
    (2) Route emissions to fuel gas systems or back into a process as
specified in 40 CFR part 63, subpart SS. If you comply with this
paragraph, then you must also comply with the requirements specified in
paragraph (m) of this section.
* * * * *
    (4) * * *
    (ii) Transport vehicles must have a current certification in
accordance with the United States Department of Transportation (U.S.
DOT) qualification and maintenance requirements of 49 CFR part 180,
subpart E for cargo tanks and subpart F for tank cars.
* * * * *
    (iv) No pressure relief device on the storage tank, on the vapor
return line, or on the cargo tank or tank car, shall open during
loading or as a result of diurnal temperature changes (breathing
losses).
    (v) Pressure relief devices must be set to no less than 2.5 pounds
per square inch gauge (psig) at all times to prevent breathing losses.
Pressure relief devices may be set at values less than 2.5 psig if the
owner or operator provides rationale in the notification of compliance
status report explaining why the alternative value is sufficient to
prevent breathing losses at all times. The owner or operator shall
comply with paragraphs (a)(4)(v)(A) through (C) of this section for
each relief valve.
    (A) The relief valve shall be monitored quarterly using the method
described in Sec.  63.180(b).
* * * * *
    (5) Except as specified in paragraph (a)(6) of this section,
beginning no later than the compliance dates specified in Sec.
63.2342(e), the tank capacity criteria, liquid vapor pressure criteria,
and emission limits specified for storage tanks at an existing affected
source in Table 2 of this subpart, item 1 no longer apply. Instead, for
each storage tank at an existing affected source storing organic
liquids that meets the tank capacity and liquid vapor pressure criteria
for control in Table 2b to this subpart, items 1 through 3, you must
comply with paragraph (a)(1), (2), (3), or (4) of this section.
    (6) If you choose to meet the fenceline monitoring requirements
specified in Sec.  63.2348, then you are not required to comply with
paragraph (a)(5) of this section. Instead, you may continue to comply
with the tank capacity and liquid vapor pressure criteria and the
emission limits specified for storage tanks at an existing affected
source in Table 2 of this subpart, item 1.
    (b) * * *
    (1) Meet the emission limits specified in Table 2 to this subpart
and comply with paragraph (m) of this section and the applicable
requirements for transfer racks specified in 40 CFR part 63, subpart
SS, for meeting emission limits.
    (2) Route emissions to fuel gas systems or back into a process as
specified in 40 CFR part 63, subpart SS. If you comply with this
paragraph, then you must also comply with the requirements specified in
paragraph (m) of this section.
* * * * *
    (c) Equipment leak components. Except as specified in paragraph (l)
of this section, for each pump, valve, and sampling connection that
operates in organic liquids service for at least 300 hours per year,
you must comply with paragraph (m) of this section and the applicable
requirements under 40 CFR part 63, subpart TT (control level 1),
subpart UU (control level 2), or subpart H. Pumps, valves, and sampling
connectors that are insulated to provide protection against persistent
sub-freezing temperatures are subject to the ``difficult to monitor''
provisions in the applicable subpart selected by the owner or operator.
This paragraph only applies if the affected source has at least one
storage tank or transfer rack that meets the applicability criteria for
control in Table 2 or 2b to this subpart.
    (d) * * *
    (2) Ensure that organic liquids are loaded only into transport
vehicles that have a current certification in accordance with the U.S.
DOT qualification and maintenance requirements in 49 CFR part 180,
subpart E for cargo tanks and subpart F for tank cars.
    (e) Operating limits. For each high throughput transfer rack, you
must meet each operating limit in Table 3 to this subpart for each
control device used to comply with the provisions of this subpart
whenever emissions from the loading of organic liquids are routed to
the control device. Except as specified in paragraph (k) of this
section, for each storage tank and low throughput transfer rack, you
must comply with paragraph (m) of this section and the requirements for
monitored parameters as specified in 40 CFR part 63, subpart SS, for
storage vessels and, during the loading of organic liquids, for low
throughput transfer racks, respectively. Alternatively, you may comply
with the operating limits in Table 3 to this subpart.
    (f) Surrogate for organic HAP. For noncombustion devices, if you
elect to

demonstrate compliance with a percent reduction requirement in Table 2
or 2b to this subpart using total organic compounds (TOC) rather than
organic HAP, you must first demonstrate, subject to the approval of the
Administrator, that TOC is an appropriate surrogate for organic HAP in
your case; that is, for your storage tank(s) and/or transfer rack(s),
the percent destruction of organic HAP is equal to or higher than the
percent destruction of TOC. This demonstration must be conducted prior
to or during the initial compliance test.
* * * * *
    (i) Safety device. Opening of a safety device is allowed at any
time that it is required to avoid unsafe operating conditions.
Beginning no later than [date 3 years after date of publication of
final rule in the Federal Register], this paragraph no longer applies.
* * * * *
    (k) Flares. Beginning no later than the compliance dates specified
in Sec.  63.2342(e), for each storage tank and low throughput transfer
rack, if you vent emissions through a closed vent system to a flare
then you must comply with the requirements specified in Sec.  63.2380
instead of the requirements in Sec.  63.987 and the provisions
regarding flare compliance assessments at Sec.  63.997(a), (b), and
(c).
    (l) Equipment leak components. Beginning no later than the
compliance dates specified in Sec.  63.2342(e), paragraph (c) of this
section no longer applies. Instead, you must comply with paragraph
(l)(1) or (2) of this section.
    (1) Except as specified in paragraph (l)(2) of this section, for
each connector, pump, valve, and sampling connection that operates in
organic liquids service for at least 300 hours per year, you must
comply with paragraph (m) of this section and the applicable
requirements under 40 CFR part 63, subpart UU (control level 2), or
subpart H. Connectors, pumps, valves, and sampling connectors that are
insulated to provide protection against persistent sub-freezing
temperatures are subject to the ``difficult to monitor'' provisions in
the applicable subpart selected by the owner or operator. This
paragraph only applies if the affected source has at least one storage
tank or transfer rack that meets the applicability criteria for control
in Table 2 or 2b to this subpart.
    (2) If you choose to meet the fenceline monitoring requirements
specified in Sec.  63.2348, then you may choose to comply with this
paragraph instead of paragraph (l)(1) of this section. For each pump,
valve, and sampling connection that operates in organic liquids service
for at least 300 hours per year, you must comply with paragraph (m) of
this section and the applicable requirements under 40 CFR part 63,
subpart TT (control level 1), subpart UU (control level 2), or subpart
H. Pumps, valves, and sampling connectors that are insulated to provide
protection against persistent sub-freezing temperatures are subject to
the ``difficult to monitor'' provisions in the applicable subpart
selected by the owner or operator. This paragraph only applies if the
affected source has at least one storage tank or transfer rack that
meets the applicability criteria for control in Table 2 or 2b to this
subpart.
    (m) Start-up, shutdown, and malfunction. Beginning no later than
the compliance dates specified in Sec.  63.2342(e), the referenced
provisions specified in paragraphs (m)(1) through (19) of this section
do not apply when demonstrating compliance with 40 CFR part 63, subpart
H, subpart SS, and subpart UU.
    (1) The second sentence of Sec.  63.181(d)(5)(i) of subpart H.
    (2) Sec.  63.983(a)(5) of subpart SS.
    (3) The phrase ``except during periods of start-up, shutdown, and
malfunction as specified in the referencing subpart'' in Sec.
63.984(a) of subpart SS.
    (4) The phrase ``except during periods of start-up, shutdown and
malfunction as specified in the referencing subpart'' in Sec.
63.985(a) of subpart SS.
    (5) The phrase ``other than start-ups, shutdowns, or malfunctions''
in Sec.  63.994(c)(1)(ii)(D) of subpart SS.
    (6) Sec.  63.996(c)(2)(ii) of subpart SS.
    (7) Sec.  63.997(e)(1)(i) of subpart SS.
    (8) The term ``breakdowns'' from Sec.  63.998(b)(2)(i) of subpart
SS.
    (9) Sec.  63.998(b)(2)(iii) of subpart SS.
    (10) The phrase ``other than periods of start-ups, shutdowns or
malfunctions'' from Sec.  63.998(b)(5)(i)(A) of subpart SS.
    (11) The phrase ``other than periods of start-ups, shutdowns or
malfunctions'' from Sec.  63.998(b)(5)(i)(C) of subpart SS.
    (12) The phrase ``, except as provided in paragraphs (b)(6)(i)(A)
and (B) of this section'' from Sec.  63.998(b)(6)(i) of subpart SS.
    (13) The second sentence of Sec.  63.998(b)(6)(ii) of subpart SS.
    (14) Sec.  63.998(c)(1)(ii)(D), (E), (F), and (G) of subpart SS.
    (15) Sec.  63.998(d)(1)(ii) of subpart SS.
    (16) Sec.  63.998(d)(3)(i) and (ii) of subpart SS.
    (17) The phrase ``(except periods of startup, shutdown, or
malfunction)'' from Sec.  63.1026(e)(1)(ii)(A) of subpart UU.
    (18) The phrase ``(except during periods of startup, shutdown, or
malfunction)'' from Sec.  63.1028(e)(1)(i)(A) of subpart UU.
    (19) The phrase ``(except during periods of startup, shutdown, or
malfunction)'' from Sec.  63.1031(b)(1) of subpart UU.
0
7. Section 63.2348 is added to read as follows:

Sec.  63.2348   What fenceline monitoring requirements must I meet?

    (a) If you own or operate a facility that is not required to
conduct fenceline monitoring pursuant to Sec.  63.658, then you may opt
to conduct fenceline monitoring pursuant to this section. Beginning no
later than the compliance dates specified in Sec.  63.2342(f), if you
choose to comply with the requirements specified in Sec.
63.2343(b)(7)(ii) and Sec.  63.2346(a)(6) and (l)(2), then you must
conduct sampling along the facility property boundary and analyze the
samples in accordance with Methods 325A and 325B of appendix A of this
part and paragraphs (b) through (k) of this section.
    (b) You must determine your target analytes for monitoring and
site-specific action level for each analyte as specified in paragraphs
(b)(1) through (5) of this section.
    (1) You must use EPA's Guidance on Determination of Analytes and
Action Levels for Fenceline Monitoring of Organic Liquids Distribution
Sources to develop your HAP emissions inventory and conduct your
modeling. The HAP emissions inventory is set at allowable emissions
from all equipment at the source under common control of the owner and
operator of the OLD operation. For this modeling effort, modeled
allowable emissions from storage tanks and equipment leaks must be
adjusted to take into account the requirements at Sec. Sec.
63.2343(b)(4), 63.2346(a)(5), and (l)(1) for the purpose of setting the
analytes and action level of the fenceline monitoring program.
    (2) You must determine at least one target analyte as prescribed in
paragraphs (b)(2)(i) through (iv) of this section.
    (i) Each analyte must have an available uptake rate at Table 12.1
of Method 325B of appendix A to this part or must have an uptake rate
for the selected sorbent validated using Addendum A of Method 325B of
appendix A to this part.
    (ii) A HAP cannot be used to meet the fenceline monitoring
requirements of this section unless the corresponding action level is
at least five times the method detection limit for the HAP.
    (iii) The first analyte is the Table 1 HAP with the most allowable
emissions from OLD operations at the facility on an annual basis. If
this HAP is emitted from all equipment that would have

been subject to the requirements at Sec. Sec.  63.2343(b)(4),
63.2346(a)(5), and (l)(1) had you not opted to implement fenceline
monitoring according to this section, then no other analytes are
required to be monitored. If this HAP is not emitted from all equipment
that would have been subject to the requirements at Sec. Sec.
63.2343(b)(4), 63.2346(a)(5), and (l)(1) had you not opted to implement
fenceline monitoring according to this section, then you must monitor
additional analytes as outlined in paragraph (b)(2)(iv) of this
section.
    (iv) You must select additional analytes from Table 1 that best
represent emissions of HAP from all OLD operations that do not emit the
HAP selected in paragraph (b)(2)(iii) of this section and that would
have been subject to the storage tank and connector monitoring
requirements at Sec. Sec.  63.2343(b)(4), 63.2346(a)(5), and (l)(1) had
you not opted to implement fenceline monitoring according to this
section. Select the Table 1 HAP having the most allowable emissions
from this set of equipment. If the HAP selected in this step is not
emitted from all the OLD equipment in this step, then repeat this step
until at least one selected HAP is emitted from this set of equipment.
    (3) The action level for each analyte selected in paragraph (b)(2)
of this section is set as the highest modeled concentration of all
fenceline user-defined receptors in the model results, expressed in
micrograms per cubic meter, and rounded to two significant figures.
    (4) You must submit the modeling results and proposed analytes and
action levels to the Administrator no later than the date specified in
Sec.  63.2342(f)(1).
    (5) You must determine revised analytes or action levels when your
title V permit is renewed; when other permit amendments decrease
allowable emissions of any target analyte by more than 10 percent below
emissions described in the modeling effort used to establish the
current analytes and action levels; or upon issuance of a permit
modification that results in the conditions of paragraph (b)(2) of this
section no longer being met. You may choose to revise analytes or
action levels at other times when changes at the source occur that
would result in different modeling results. You must submit your
revised modeling results and new proposed analytes and action levels to
the Administrator no later than 3 months after any permit renewal or
amendment triggering model revisions has been issued.
    (i) If a revised action level is determined for a currently
monitored analyte, for the first year, the action level shall be
calculated for each sample period as a weighted average of the previous
action level and the new action level. After 26 sampling periods, the
new action level takes effect. Beginning with the first biweekly
sampling period following approval by the Administrator of the revised
modeling, determine your weighted action level according to the
following equation:
[GRAPHIC] [TIFF OMITTED] TP21OC19.000

    Where:

N1 = number of samples during the rolling annual period
prior to change of action level
N2 = number of samples during the rolling annual period
since the change in action level
AL1 = prior action level, [mu]g/m3
AL2 = new action level, [mu]g/m3
26 = number of samples in an annual period

    (ii) If revised modeling results eliminate an analyte that is
currently being monitored, then once monitoring of that analyte stops,
you are no longer subject to the requirement in paragraph (f) of this
section to determine whether the action level has been exceeded. If the
action level for the analyte hasn't been exceeded, you are no longer
required to monitor that analyte starting in the biweekly period that
begins following approval by the Administrator of the revised modeling.
If the action level for the analyte has been exceeded, you must be
below the action level for the analyte for one full year (26 sampling
periods) before you stop monitoring for that analyte.
    (iii) If revised modeling results establish a new analyte to be
monitored, you must begin monitoring for the new analyte in the first
biweekly period that begins following approval by the Administrator of
the revised modeling. You are not subject to the requirement in
paragraph (f) of this section to determine whether the action level has
been exceeded prior to collecting a full year (26 sampling periods) of
monitoring data for the new analyte.
    (c) You must determine passive monitor locations in accordance with
Section 8.2 of Method 325A of appendix A to this part.
    (1) As it pertains to this subpart, known sources of VOCs, as used
in Section <IP_ADDRESS> in Method 325A of appendix A to this part for siting
passive monitors, means any part of the affected source as defined in
Sec.  63.2338(b). For this subpart, an additional monitor is not
required if the only emission sources within 50 meters of the
monitoring boundary are equipment leak sources satisfying all of the
conditions in paragraphs (c)(1)(i) through (iv) of this section.
    (i) The equipment leak sources in organic liquids service within 50
meters of the monitoring boundary are limited to valves, pumps,
connectors, and sampling connections. If compressors, pressure relief
devices, or agitators in organic liquids service are present within 50
meters of the monitoring boundary, the additional passive monitoring
location specified in Section <IP_ADDRESS> in Method 325A of appendix A to
this part must be used.
    (ii) All equipment leak sources in in organic liquids service,
including valves, pumps, connectors, and sampling connections must be
monitored using Method 21 of 40 CFR part 60, appendix A-7 no less
frequently than quarterly with no provisions for skip period
monitoring, or according to the provisions of Sec.  63.11(c)
Alternative Work practice for monitoring equipment for leaks. For the
purpose of this provision, a leak is detected if the instrument reading
equals or exceeds the applicable limits in paragraphs (c)(1)(ii)(A)
through (E) of this section:
    (A) For valves, pumps or connectors at an existing source, an
instrument reading of 10,000 ppmv.
    (B) For valves or connectors at a new source, an instrument reading
of 500 ppmv.
    (C) For pumps at a new source, an instrument reading of 2,000 ppmv.
    (D) For sampling connections, an instrument reading of 500 ppmv
above background.
    (E) For equipment monitored according to the Alternative Work
practice for monitoring equipment for leaks, the leak definitions
contained in Sec.  63.11(c)(6)(i) through (iii).
    (iii) All equipment leak sources in organic liquids service must be
inspected using visual, audible,

olfactory, or any other detection method at least monthly. A leak is
detected if the inspection identifies a potential leak to the
atmosphere or if there are indications of liquids dripping.
    (iv) All leaks identified by the monitoring or inspections
specified in paragraphs (c)(1)(ii) or (iii) of this section must be
repaired no later than 15 calendar days after it is detected with no
provisions for delay of repair. If a repair is not completed within 15
calendar days, the additional passive monitor specified in Section
<IP_ADDRESS> in Method 325A of appendix A to this part must be used.
    (2) You may collect one or more background samples if you believe
that an offsite upwind source may influence the sampler measurements.
If you elect to collect one or more background samples, you must
develop and submit a site-specific monitoring plan for approval
according to the requirements in paragraph (i) of this section. Upon
approval of the site-specific monitoring plan, the background
sampler(s) should be operated co-currently with the routine samplers.
    (3) If there are 19 or fewer monitoring locations, you must collect
at least one co-located duplicate sample per sampling period and at
least one field blank per sampling period. If there are 20 or more
monitoring locations, you must collect at least two co-located
duplicate samples per sampling period and at least one field blank per
sampling period. The co-located duplicates may be collected at any of
the perimeter sampling locations.
    (4) You must follow the procedure in Section 9.6 of Method 325B of
appendix A to this part to determine the detection limit of the
analytes for each sampler used to collect samples, background samples
(if you elect to do so), co-located samples and blanks.
    (d) You must collect and record meteorological data according to
the applicable requirements in paragraphs (d)(1) through (3) of this
section.
    (1) If a near-field source correction is used as provided in
paragraph (i)(2) of this section or if an alternative test method is
used that provides time-resolved measurements, you must:
    (i) Use an on-site meteorological station in accordance with
Section 8.3 of Method 325A of appendix A to this part.
    (ii) Collect and record hourly average meteorological data,
including temperature, barometric pressure, wind speed, and wind
direction and calculate daily unit vector wind direction and daily
sigma theta.
    (2) For cases other than those specified in paragraph (d)(1) of
this section, you must collect and record sampling period average
temperature and barometric pressure using either an on-site
meteorological station in accordance with Section 8.3.1 through 8.3.3
of Method 325A of appendix A to this part or, alternatively, using data
from the closest National Weather Service (NWS) meteorological station
provided the NWS meteorological station is within 40 kilometers (25
miles) of the plant site.
    (3) If an on-site meteorological station is used, you must follow
the calibration and standardization procedures for meteorological
measurements in EPA-454/B-08-002 (incorporated by reference--see Sec.
63.14).
    (e) You must use a sampling period and sampling frequency as
specified in paragraphs (e)(1) through (3) of this section.
    (1) Sampling period. A 14-day sampling period must be used, unless
a shorter sampling period is determined to be necessary under paragraph
(g) or (i) of this section. A sampling period is defined as the period
during which a sampling tube is deployed at a specific sampling
location with the diffusive sampling end cap in-place and does not
include the time required to analyze the sample. For the purpose of
this subpart, a 14-day sampling period may be no shorter than 13
calendar days and no longer than 15 calendar days, but the routine
sampling period must be 14 calendar days.
    (2) Base sampling frequency. Except as provided in paragraph (e)(3)
of this section, the frequency of sample collection must be once each
contiguous 14-day sampling period, such that the beginning of the next
14-day sampling period begins immediately upon the completion of the
previous 14-day sampling period.
    (3) Alternative sampling frequency for burden reduction. When an
individual monitor consistently achieves results at or below one tenth
of the corresponding action level for all monitored analytes, you may
elect to use the applicable minimum sampling frequency specified in
paragraphs (e)(3)(i) through (v) of this section for that monitoring
site. When calculating the biweekly concentration difference ([Delta]c)
for the monitoring period when using this alternative for burden
reduction, substitute zero for the sample result for the monitoring
site for any period where a sample is not taken.
    (i) If every sample at a monitoring site is at or below one tenth
of the corresponding action level for all monitored analytes for 2
years (52 consecutive samples), every other sampling period can be
skipped for that monitoring site, i.e., sampling will occur
approximately once per month.
    (ii) If every sample at a monitoring site that is monitored at the
frequency specified in paragraph (e)(3)(i) of this section is at or
below one tenth of the corresponding action level for all monitored
analytes for 2 years (i.e., 26 consecutive ``monthly'' samples), five
14-day sampling periods can be skipped for that monitoring site
following each period of sampling, i.e., sampling will occur
approximately once per quarter.
    (iii) If every sample at a monitoring site that is monitored at the
frequency specified in paragraph (e)(3)(ii) of this section is at or
below one tenth of the corresponding action level for all monitored
analytes for 2 years (i.e., 8 consecutive quarterly samples), twelve
14-day sampling periods can be skipped for that monitoring site
following each period of sampling, i.e., sampling will occur twice a
year.
    (iv) If every sample at a monitoring site that is monitored at the
frequency specified in paragraph (e)(3)(iii) of this section is at or
below one tenth of the corresponding action level for all monitored
analytes for 2 years (i.e., 4 consecutive semiannual samples), only one
sample per year is required for that monitoring site. For yearly
sampling, samples must occur at least 10 months but no more than 14
months apart.
    (v) If at any time a sample for a monitoring site that is monitored
at the frequency specified in paragraphs (e)(3)(i) through (iv) of this
section returns a result that is above one tenth of the corresponding
action level for any analyte, the sampling site must return to the
original sampling requirements of contiguous 14-day sampling periods
with no skip periods for one quarter (six 14-day sampling periods). If
every sample collected during this quarter is at or below one tenth of
the corresponding action level for all monitored analytes, you may
revert back to the reduced monitoring schedule applicable for that
monitoring site prior to the sample reading exceeding one tenth of the
action level. If any sample collected during this quarter is above one
tenth of the corresponding action level for any analyte, that
monitoring site must return to the original sampling requirements of
contiguous 14-day sampling periods with no skip periods for a minimum
of 2 years. The burden reduction requirements can be used again for
that monitoring site once the requirements of paragraph (e)(3)(i) of
this section are met again, i.e., after 52 contiguous 14-day samples
with no results above one tenth of the corresponding action level for
all monitored analytes.

    (f) Within 45 days of completion of each sampling period, you must
determine whether the results are above or below the corresponding
action level for each analyte as follows:
    (1) You must determine the facility impact on the analyte
concentration difference ([Delta]c) for each analyte for each 14-day
sampling period according to either paragraph (f)(1)(i) or (ii) of this
section, as applicable.
    (i) Except when near-field source correction is used as provided in
paragraph (i) of this section, for each analyte, you must determine the
highest and lowest sample results from the sample pool and calculate
[Delta]c as the difference in these concentrations. Co-located samples
must be averaged together for the purposes of determining the analyte
concentration for that sampling location, and, if applicable, for
determining [Delta]c. You must adhere to the following procedures when
one or more samples for the sampling period are below the method
detection limit for an analyte:
    (A) If the lowest value of an analyte is below detection, you must
use zero as the lowest sample result when calculating [Delta]c.
    (B) If all sample results for a particular analyte are below the
method detection limit, you must use the method detection limit as the
highest sample result and zero as the lowest sample result when
calculating [Delta]c.
    (ii) When near-field source correction is used as provided in
paragraph (i) of this section, you must determine [Delta]c using the
calculation protocols outlined in the approved site-specific monitoring
plan and in paragraph (i) of this section.
    (2) For each analyte, you must calculate the annual average
[Delta]c based on the average of the 26 most recent 14-day sampling
periods. You must update this annual average value after receiving the
results of each subsequent 14-day sampling period.
    (3) If the annual average [Delta]c value for an analyte is less
than or equal to the corresponding action level determined in paragraph
(b) of this section, the concentration is below the action level. If
the annual average [Delta]c value for any analyte is greater than the
corresponding action level determined in paragraph (b) of this section,
then you must conduct a root cause analysis and corrective action in
accordance with paragraph (g) of this section.
    (g) Within 5 days of determining that the action level for any
analyte has been exceeded for any annual average [Delta]c and no longer
than 50 days after completion of the sampling period in which the
action level was first exceeded, you must initiate a root cause
analysis to determine the cause of such exceedance and to determine
appropriate corrective action, such as those described in paragraphs
(g)(1) through (4) of this section. The root cause analysis and initial
corrective action analysis must be completed and initial corrective
actions taken no later than 45 days after determining there is an
exceedance. Root cause analysis and corrective action may include, but
is not limited to:
    (1) Leak inspection using Method 21 of part 60, appendix A-7 of
this chapter and repairing any leaks found.
    (2) Leak inspection using optical gas imaging and repairing any
leaks found.
    (3) Visual inspection to determine the cause of the high emissions
and implementing repairs to reduce the level of emissions.
    (4) Employing progressively more frequent sampling, analysis and
meteorology (e.g., using shorter sampling periods for Methods 325A and
325B of appendix A of this part, or using active sampling techniques).
    (h) If, upon completion of the corrective action analysis and
corrective actions such as those described in paragraph (g) of this
section, the [Delta]c value for the next 14-day sampling period for
which the sampling start time begins after the completion of the
corrective actions is greater than the action level for the same
analyte that previously exceed the action level or if all corrective
action measures identified require more than 45 days to implement, you
must develop a corrective action plan that describes the corrective
action(s) completed to date, additional measures that you propose to
employ to reduce fenceline concentrations below the action level, and a
schedule for completion of these measures. You must submit the
corrective action plan to the Administrator within 60 days after
receiving the analytical results indicating that the [Delta]c value for
the 14-day sampling period following the completion of the initial
corrective action is greater than the action level or, if no initial
corrective actions were identified, no later than 60 days following the
completion of the corrective action analysis required in paragraph (g)
of this section.
    (i) You may request approval from the Administrator for a site-
specific monitoring plan to account for offsite upwind sources
according to the requirements in paragraphs (i)(1) through (4) of this
section.
    (1) You must prepare and submit a site-specific monitoring plan and
receive approval of the site-specific monitoring plan prior to using
the near-field source alternative calculation for determining [Delta]c
provided in paragraph (i)(2) of this section. The site-specific
monitoring plan must include, at a minimum, the elements specified in
paragraphs (i)(1)(i) through (v) of this section. The procedures in
Section 12 of Method 325A of appendix A of this part are not required,
but may be used, if applicable, when determining near-field source
contributions.
    (i) Identification of the near-field source or sources.
    (ii) Location of the additional monitoring stations that must be
used to determine the uniform background concentration and the near-
field source concentration contribution.
    (iii) Identification of the fenceline monitoring locations impacted
by the near-field source. If more than one near-field source is
present, identify the near-field source or sources that are expected to
contribute to the concentration at that monitoring location.
    (iv) A description of (including sample calculations illustrating)
the planned data reduction and calculations to determine the near-field
source concentration contribution for each monitoring location.
    (v) If more frequent monitoring or a monitoring station other than
a passive diffusive tube monitoring station is proposed, provide a
detailed description of the measurement methods, measurement frequency,
and recording frequency for determining the uniform background or near-
field source concentration contribution. Uniform background and near-
field source concentration contributions must be determined by a real-
time or semi-continuous measurement technique that can be reconciled
with the measurements taken using the passive diffusive tubes.
    (2) When an approved site-specific monitoring plan is used, for
each analyte covered by the site-specific monitoring plan, you must
determine [Delta]c for comparison with the corresponding action level
using the requirements specified in paragraphs (i)(2)(i) through (iii)
of this section.
    (i) For each monitoring location, calculate [Delta]ci
using the following equation.

[Delta]ci = MFCi - NFSi - UB

Where:

[Delta]ci = The fenceline concentration, corrected for
background, at measurement location i, micrograms per cubic meter
([micro]g/m\3\).
MFCi = The measured fenceline concentration at
measurement location i, [micro]g/m\3\.
NFSi = The near-field source contributing concentration
at measurement location i determined using the additional

measurements and calculation procedures included in the site-
specific monitoring plan, [micro]g/m\3\. For monitoring locations
that are not included in the site-specific monitoring plan as
impacted by a near-field source, use NFSi = 0 [micro]g/m\3\.
UB = The uniform background concentration determined using the
additional measurements included in the site-specific monitoring
plan, [micro]g/m\3\. If no additional measurements are specified in
the site-specific monitoring plan for determining the uniform
background concentration, use UB = 0 [micro]g/m\3\.

    (ii) When one or more samples for the sampling period are below the
method detection limit for an analyte, adhere to the following
procedures:
    (A) If the analyte concentration at the monitoring location used
for the uniform background concentration is below the method detection
limit, you must use zero for UB for that monitoring period.
    (B) If the analyte concentration at the monitoring location(s) used
to determine the near-field source contributing concentration is below
the method detection limit, you must use zero for the monitoring
location concentration when calculating NFSi for that monitoring
period.
    (C) If a fenceline monitoring location sample result is below the
method detection limit, you must use the method detection limit as the
sample result.
    (iii) Determine [Delta]c for the monitoring period as the maximum
value of [Delta]ci from all of the fenceline monitoring locations for
that monitoring period.
    (3) The site-specific monitoring plan must be submitted and
approved as described in paragraphs (i)(3)(i) through (iv) of this
section.
    (i) The site-specific monitoring plan must be submitted to the
Administrator for approval.
    (ii) The site-specific monitoring plan must also be submitted to
the following address: U.S. Environmental Protection Agency, Office of
Air Quality Planning and Standards, Sector Policies and Programs
Division, U.S. EPA Mailroom (E143-01), Attention: Organic Liquids
Distribution Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC
27711. Electronic copies in lieu of hard copies may also be submitted
to<EMAIL_ADDRESS>    (iii) The Administrator must approve or disapprove the plan in 90
days. The plan is considered approved if the Administrator either
approves the plan in writing or fails to disapprove the plan in
writing. The 90-day period must begin when the Administrator receives
the plan.
    (iv) If the Administrator finds any deficiencies in the site-
specific monitoring plan and disapproves the plan in writing, you may
revise and resubmit the site-specific monitoring plan following the
requirements in paragraphs (i)(3)(i) and (ii) of this section. The 90-
day period starts over with the resubmission of the revised monitoring
plan.
    (4) The approval by the Administrator of a site-specific monitoring
plan will be based on the completeness, accuracy and reasonableness of
the request for a site-specific monitoring plan. Factors that the
Administrator will consider in reviewing the request for a site-
specific monitoring plan include, but are not limited to, those
described in paragraphs (i)(4)(i) through (vii) of this section.
    (i) The identification of the near-field source or sources.
    (ii) The monitoring location selected to determine the uniform
background concentration or an indication that no uniform background