percent and $0.9 million at a discount rate of 7 percent (2016$). The
annualized costs include those for operating and maintenance, and
recovery credits of approximately $170,000 per year from the reduction
in evaporative emissions from storage tanks. To estimate savings in
chemicals not being emitted (i.e., lost) due to the reduction in
evaporative emissions, 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.\7\ At proposal, we
solicited comment on the availability of more recent information to
potentially update the value used in this analysis to estimate the
recovery credits, but received none. 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 4 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 2020 Risk and Technology Review Final Rule for the Organic Liquids
Distribution (Non-Gasoline) Source Category, and Economic Impact and
Small Business Analysis for the Final Organic Liquids Distribution
(Non-Gasoline) (OLD) Risk and Technology Review (RTR) NESHAP.
---------------------------------------------------------------------------

    \7\ 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). Docket ID No. EPA-HQ-
OAR-2006-0699.

                  Table 4--Summary of Costs of Final 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...........................            2.28                0.29            0.17                0.12
Tank Degassing..........................            0.00                0.42             N/A                0.42
Flares..................................            0.19                0.36             N/A                0.36
Deletion of 240-hr exemption for control            0.00                0.88             N/A                0.88
 device maintenance during transfers
 (Transfer racks).......................
                                         -----------------------------------------------------------------------
    Total...............................            2.47                1.95            0.17                1.78
----------------------------------------------------------------------------------------------------------------

D. What are the economic impacts?

    The EPA conducted economic impact analyses for the amendments to
the final rule, as detailed in the memorandum titled Economic Impact
and Small Business Analysis for the Final Organic Liquids Distribution
(Non-Gasoline) (OLD) Risk and Technology Review (RTR) NESHAP, which is
available in the docket for this action. The economic impacts of the
amendments to the final rule are calculated as the percentage of total
annualized costs incurred by affected parent owners to their annual
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 final action will incur total annualized costs of 0.4
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 final action, and there will not be substantial
impacts on the markets for affected products. The costs 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 186 tpy of HAP associated with this action. However, we
expect this action will result in benefits associated with HAP emission
reductions and lower risk of adverse health effects in communities near
OLD sources.
    While not explicitly calculated, we expect reductions in MIR,
population exposed to a cancer risk of greater than or equal to 1-in-1
million, and in other risks metrics such as incidence, acute risk,
multipathway risks, and ecological risks from the estimated emission
reductions.

F. What analysis of environmental justice did we conduct?

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    To examine the potential for any environmental justice issues that
might be associated with the source category, we performed a
demographic analysis, which is an assessment of risks to individual
demographic groups of the populations living within 5 kilometers (km)
and within 50 km of the facilities. In the analysis, we evaluated the
distribution of HAP-related cancer and noncancer risks from the OLD
source category across different demographic

groups within the populations living near facilities.
    At proposal, we noted that 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 final rule revisions will benefit these groups the most.
    The methodology and the results of the demographic analysis \8\ are
presented in a technical report, Risk and Technology Review--Analysis
of Demographic Factors for Populations Living Near Organic Liquids
Distribution (Non-Gasoline) Source Category Operations, that is
available in the docket for this action.
---------------------------------------------------------------------------

    \8\ We note that, based on public comments, there are four fewer
existing OLD affected sources now than at proposal. However, this
change does not warrant an update to this analysis since proposal
and has, therefore, not been updated.
---------------------------------------------------------------------------

G. What analysis of children's environmental health did we conduct?

    The EPA does not believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children.
This action's health and risk assessments are summarized in section
IV.A of this preamble and are further documented in the risk report,
Residual Risk Assessment for the Organic Liquids Distribution (Non-
Gasoline) Source Category in Support of the 2020 Risk and Technology
Review Final Rule, available in the docket for this action.

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

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

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

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been
submitted for approval to OMB under the PRA. The Information Collection
Request (ICR) document that the EPA prepared has been assigned EPA ICR
number 1963.09. You can find a copy of the ICR in the docket for this
rule, and it is briefly summarized here. The information collection
requirements are not enforceable until OMB approves them.
    We are finalizing amendments that change the reporting and
recordkeeping requirements for OLD operations. The amendments also
require electronic reporting of performance test results and reports
and compliance reports. The information will be collected to ensure
compliance with 40 CFR part 63, subpart EEEE. The total estimated
burden and cost for reporting and recordkeeping due to these amendments
are presented below and are not intended to be cumulative estimates
that include the burden associated with the requirements of the
existing 40 CFR part 63, subpart EEEE.
    Respondents/affected entities: Owners or operators of OLD
operations at major sources of HAP are affected by these 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: 177 facilities.
    Frequency of response: Once or twice per year.
    Total estimated burden: 4,111 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $570,132 (per year), which includes $154,000
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. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this 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. Of the
90 ultimate parent companies that are subject to this action, ten of
them are small according to the Small Business Administration's small
business size standards. None of the affected small parent companies
are expected to have compliance costs of more than 0.4 percent of their
sales. For more information on the analysis, see the Economic Impact
and Small Business Analysis for the Final Organic Liquids Distribution
(Non-Gasoline) (OLD) Risk and Technology Review (RTR) NESHAP, 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 OLD facilities that have been
identified as being affected by this final 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, and
because the EPA does not believe the environmental

health or safety risks addressed by this action present a
disproportionate risk to children. This action's health and risk
assessments are contained in sections IV.A of this preamble.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

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

    This rulemaking involves technical standards. As discussed in the
preamble of the proposal, 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 EPA 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 EPA 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 EPA 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 EPA 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 EPA Method 3B manual
portion only and not the instrumental portion. Therefore, we are adding
this standard as a footnote to item 1.a.i.(3) of Table 5 to 40 CFR part
63, subpart EEEE and incorporate this standard by reference at 40 CFR
63.14(e)(1). ANSI/ASME PTC 19.10-1981 Part 10 specifies methods,
apparatus, and calculations that are used in conjunction with
Performance Test Codes to quantify the gaseous constituents of exhausts
from stationary combustion sources. The gases covered include oxygen,
carbon dioxide, carbon monoxide, nitrogen, sulfur dioxide, sulfur
trioxide, nitric oxide, nitrogen dioxide, hydrogen sulfide, and
hydrocarbons.
    (2) The VCS ASTM D6420-18, ``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 EPA Method 18 only when the target compounds are all
known, and the target compounds are all listed in ASTM D6420 as
measurable. ASTM D6420-18 uses a direct interface gas chromatograph/
mass spectrometer to identify and quantify 36 VOC (or a subset of these
compounds), however, ASTM D6420-18 should not be specified as a total
VOC method. Therefore, we are adding 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 updating 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 removing
reference to the old version of this standard at 40 CFR 63.14(e)(90)
for use in the OLD NESHAP.
    (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 EPA
Method 26 or EPA 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 decision 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. This standard is not being incorporated by reference.
    (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 EPA Method 311. However, we are not
specifying 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.
This standard is not being incorporated by reference.
    (5) The VCS ASTM D6348-12e1, ``Determination of Gaseous Compounds
by Extractive Direct Interface Fourier Transform (FTIR) Spectroscopy,''
is an acceptable alternative to EPA Method 320. In the September 22,
2008, NTTAA summary, ASTM D6348-03(2010) was determined equivalent to
EPA Method 320 with caveats. 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 D6348-03(2010) version. The VCS
ASTM D6348-12e1, ``Determination of Gaseous Compounds by Extractive
Direct Interface Fourier Transform (FTIR) Spectroscopy,'' is an
acceptable alternative to EPA Method 320 at this time with caveats
requiring inclusion of selected annexes to the standard as mandatory.
This field test method uses an extractive sampling system to direct
stationary source effluent to an FTIR spectrometer to identify and
quantify gaseous compounds with results as a concentration. We are
allowing the use of this VCS as an alternative to EPA 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 incorporating this method at 40 CFR 63.14(e)(85) for use in
the OLD NESHAP.
    (6) The VCS ISO 16017-2:2003 (R2014), ``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 EPA Method 325B. This VCS is already
incorporated by reference in EPA 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
EPA Methods 325A and 325B. This VCS is already incorporated by
reference in EPA Method 325B.
    Additionally, the EPA is using ASTM D6886-18, ``Standard Test
Method for Determination of the Weight Percent Individual Volatile
Organic Compounds in Waterborne Air-Dry Coatings by Gas
Chromatography.'' ASTM D6886-18 is 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., EPA Method 311).
    The ASTM standards newly incorporated by reference in this rule are
available to the public for free viewing online in the Reading Room
section on ASTM's website at https://www.astm.org/READINGLIBRARY/. In
addition to this free online viewing availability on ASTM's website,
hard copies and printable versions are available for purchase from
ASTM.

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).
    The documentation for this decision is contained in section IV.A of
this preamble and in the technical report, Risk and Technology Review--
Analysis of Demographic Factors for Populations Living Near Organic
Liquids Distribution (Non-Gasoline) Source Category Operations,
available in the docket for this action.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: March 12, 2020.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 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--General Provisions

0
2. Section 63.14 is amended:
0
a. By revising paragraphs (a) and (e)(1);
0
b. In paragraphs (h)(31) and (32), by removing ``63.2406,'';
0
c. By revising paragraphs (h)(83) and (85);
0
d. By redesignating paragraphs (h)(101) through (113) as paragraphs
(h)(104) through (115), respectively;
0
e. By revising newly redesignated paragraphs (h)(91) and (93); and
0
f. By adding new paragraph (h)(103).
    The revisions and additions read as follows:

Sec.  63.14  September 5, 2020 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 notice of change 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),
63.997(e), 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, table 3 to
subpart YYYY, 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) * * *
    (31) ASTM D2879-83, Standard Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope, Approved 1983, IBR approved for Sec. Sec.  63.111,
63.1402, and 63.12005.
    (32) ASTM D2879-96, Test Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope, Approved 1996, IBR approved for Sec. Sec.  63.111, and
63.12005.
* * * * *
    (83) ASTM D6348-03, Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, including Annexes A1 through A8, Approved
October 1, 2003, IBR approved for Sec. Sec.  63.457(b), 63.997(e), and
63.1349, table 4 to subpart DDDD, table 5 to subpart EEEE, table 4 to
subpart UUUU, table 4 subpart ZZZZ, and table 8 to subpart HHHHHHH.
* * * * *
    (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.  63.997(e), 63.1571(a), 63.2354(b), table 5 to subpart
EEEE, and table 4 to subpart UUUU.
* * * * *
    (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), 63.772(a), 63.772(e), 63.1282(a) and
(d), and table 8 to subpart HHHHHHH.
* * * * *

    (93) ASTM D6420-18, Test Method for Determination of Gaseous
Organic Compounds by Direct Interface Gas Chromatography/Mass
Spectrometry, (Approved November 1, 2018), IBR approved for Sec. Sec.
63.987(b), 63.997(e), 63.2354(b), and table 5 to subpart EEEE.
* * * * *
    (103) 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).
* * * * *

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, adding paragraph (b) introductory text, revising paragraph (d),
and adding paragraph (e) 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 (5) of this
section upon initial startup or July 7, 2023, 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 (5) of this section upon initial startup or
July 7, 2020, whichever is later.
    (1) The requirements for storage tanks not requiring control
specified in Sec.  63.2343(b)(4).
    (2) The requirements for storage tanks at an existing affected
source specified in Sec. Sec.  63.2346(a)(5) and (6),
63.2386(d)(3)(iii), 63.2396(a)(4), footnote (2) to Table 2 to this
subpart, and Table 2b to this subpart.
    (3) The flare requirements specified in Sec. Sec.  63.2346(k),
63.2382(d)(2)(ix), 63.2386(d)(5), 63.2390(h), footnote (1) to Table 2
to this subpart, item 7.d, to Table 3 to this subpart, items 1.a.iii
and 2.a.iii of Table 8 to this subpart, and item 7.e of Table 9 to this
subpart.
    (4) The requirements specified in Sec. Sec.  63.2346(l),
63.2350(d), 63.2366(c), 63.2390(f) and (g), 63.2386(c)(11) and (12),
63.2386(d)(1)(xiii) and (f) through (j), 63.2378(e), footnote (1) to
Table 9 to this subpart, and items 1.a.i and 2.a.ii of Table 10 to this
subpart.
    (5) The performance testing requirements specified in Sec.
63.2354(b)(6).

0
5. Section 63.2343 is amended by:
0
a. Revising the introductory text, paragraph (a), and paragraph (b)
introductory text;
0
b. Adding paragraph (b)(4); and
0
c. Revising paragraph (c)(1)(iii).
    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 (d) 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) 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 this paragraph (a) 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 this
paragraph (a) on a plant site plan or process and instrumentation
diagram (P&ID).
    (b) Except as specified in paragraph (b)(4) 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 (3) of this section.
* * * * *
    (4) Beginning no later than the compliance dates specified in Sec.
63.2342(e), the requirements specified in paragraphs (b)(1) through (3)
of this section apply to the following storage tanks:
    (i) 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 to this subpart, items 1 through 3.
    (ii) 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.
    (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 this paragraph (c) (i.e., a single Notification of
Compliance Status or first Compliance report should be submitted).
* * * * *

0
6. Section 63.2346 is amended by:

0
a. Revising paragraphs (a) introductory text, (a)(1) and (2),
(a)(4)(ii) and (iv), (a)(4)(v) introductory text, and (a)(4)(v)(A);
0
b. Adding paragraph (a)(5) and (6);
0
c. Revising paragraphs (b)(1) and (2), (c), (d)(2), (e), (f), and (i);
and
0
b. Adding paragraphs (k) and (l).
    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 paragraphs (a)(5) and (6)
and (l) 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 (l) of this section and the
applicable requirements specified in subpart SS of this part, 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 subpart SS of this part. If you comply with this
paragraph, then you must also comply with the requirements specified in
paragraph (l) 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,
subparts E (for cargo tanks) and 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) 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) and paragraph (a)(6) of
this section.
    (6) Beginning no later than the compliance dates specified in Sec.
63.2342(e), tank emissions during storage tank shutdown operations
(i.e., emptying and degassing of a storage tank) for each storage tank
at an affected source storing organic liquids that meets the tank
capacity and liquid vapor pressure criteria for control in items 3
through 6 of Table 2 to this subpart, or items 1 through 3 of Table 2b
to this subpart, you must comply with paragraphs (a)(6)(i) through
(iii) of this section during tank emptying and degassing until the
vapor space concentration in the tank is less than 10 percent of the
lower explosive limit (LEL). The owner or operator must determine the
LEL using process instrumentation or portable measurement devices and
follow procedures for calibration and maintenance according to
manufacturer's specifications.
    (i) Remove organic liquids from the storage tank as much as
practicable;
    (ii) Comply with either of the following:
    (A) The requirements of Table 2 or 2b to this subpart, item 1.a.i.
as applicable; OR,
    (B) The requirements of Table 4 to this subpart, item 1.b.
    (iii) Comply with the requirements in Sec.  63.2350(d) for each
storage tank shutdown event and maintain records necessary to
demonstrate compliance with the requirements in Sec.  63.2350(d)
including, if appropriate, records of existing standard site procedures
used to empty and degas (deinventory) equipment for safety purposes.
    (b) * * *
    (1) Meet the emission limits specified in Table 2 to this subpart
and comply with paragraph (l) of this section and the applicable
requirements for transfer racks specified in subpart SS of this part,
for meeting emission limits.
    (2) Route emissions to fuel gas systems or back into a process as
specified in subpart SS of this part. If you comply with this
paragraph, then you must also comply with the requirements specified in
paragraph (l) of this section.
* * * * *
    (c) Equipment leak components. 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 (l) of this section and
the applicable requirements under subpart TT of this part (control
level 1), subpart UU of this part (control level 2), or subpart H of
this part. 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 (l) of this section and the requirements for
monitored parameters as specified in subpart SS of this part, 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 July 7, 2023, 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 that is subject to control based on the criteria specified in
Tables 2 or 2b to this subpart, 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) Startup, shutdown, and malfunction. Beginning no later than the
compliance dates specified in Sec.  63.2342(e), the referenced
provisions specified in paragraphs (l)(1) through (20) of this section
do not apply when demonstrating compliance with subpart H of this part,
subpart SS of this part, subpart TT of this part, and subpart UU of
this part.
    (1) The second sentence of Sec.  63.181(d)(5)(i).
    (2) The second sentence of Sec.  63.983(a)(5).
    (3) The phrase ``except during periods of start-up, shutdown, and
malfunction as specified in the referencing subpart'' in Sec.
63.984(a).
    (4) The phrase ``except during periods of start-up, shutdown and
malfunction as specified in the referencing subpart'' in Sec.
63.985(a).
    (5) The phrase ``other than start-ups, shutdowns, or malfunctions''
in Sec.  63.994(c)(1)(ii)(D).
    (6) Sec.  63.996(c)(2)(ii).
    (7) The last sentence of Sec.  63.997(e)(1)(i).
    (8) Sec.  63.998(b)(2)(iii).
    (9) The phrase ``other than periods of start-ups, shutdowns or
malfunctions'' from Sec.  63.998(b)(5)(i)(A).
    (10) The phrase ``other than a start-up, shutdown or malfunction''
from Sec.  63.998(b)(5)(i)(B)(3).
    (11) The phrase ``other than periods of start-ups, shutdowns or
malfunctions'' from Sec.  63.998(b)(5)(i)(C).
    (12) The phrase ``other than a start-up, shutdown or malfunction''
from Sec.  63.998(b)(5)(ii)(C).
    (13) The phrase ``, except as provided in paragraphs (b)(6)(i)(A)
and (B) of this section'' from Sec.  63.998(b)(6)(i).
    (14) The second sentence of Sec.  63.998(b)(6)(ii).
    (15) Sec.  63.998(c)(1)(ii)(D), (E), (F), and (G).
    (16) Sec.  63.998(d)(3).
    (17) The phrase ``may be included as part of the startup, shutdown,
and malfunction plan, as required by the referencing subpart for the
source, or'' from Sec.  63.1005(e)(4)(i).
    (18) The phrase ``may be included as part of the startup, shutdown,
and malfunction plan, as required by the referencing subpart for the
source, or'' from Sec.  63.1024(f)(4)(i).
    (19) The phrase ``(except periods of startup, shutdown, or
malfunction)'' from Sec.  63.1007(e)(1)(ii)(A).
    (20) The phrase ``(except periods of startup, shutdown, or
malfunction)'' from Sec.  63.1026(e)(1)(ii)(A).

0
7. Section 63.2350 is revised to read as follows:

Sec.  63.2350   What are my general requirements for complying with
this subpart?

    (a) You must be in compliance with the emission limitations,
operating limits, and work practice standards in this subpart at all
times when the equipment identified in Sec.  63.2338(b)(1) through (5)
is in OLD operation.
    (b) Except as specified in paragraph (d) of this section, you must
always operate and maintain your affected source, including air
pollution control and monitoring equipment, according to the provisions
in Sec.  63.6(e)(1)(i).
    (c) Except for emission sources not required to be controlled as
specified in Sec.  63.2343, you must develop a written startup,
shutdown, and malfunction (SSM) plan according to the provisions in
Sec.  63.6(e)(3). Beginning no later than July 7, 2023, this paragraph
no longer applies; however, for historical compliance purposes, a copy
of the plan must be retained and available according to the
requirements in Sec.  63.2394(c) for five years after July 7, 2023.
    (d) Beginning no later than the compliance dates specified in Sec.
63.2342(e), paragraph (b) of this section no longer applies. Instead,
at all times, you must operate and maintain any affected source,
including associated air pollution control equipment and monitoring
equipment, in a manner consistent with safety and good air pollution
control practices for minimizing emissions. The general duty to
minimize emissions does not require you to make any further efforts to
reduce emissions if levels required by the applicable standard have
been achieved. Determination of whether a source is operating in
compliance with operation and maintenance requirements will be based on
information available to the Administrator which may include, but is
not limited to, monitoring results, review of operation and maintenance
procedures, review of operation and maintenance records, and inspection
of the source.

0
8. Section 63.2354 is amended by:
0
a. Revising paragraphs (a)(2) and (3) and (b)(1), (3), (4), and (5);
0
b. Adding paragraph (b)(6);
0
c. Revising paragraph (c); and
0
d. Adding paragraph (d).
    The revisions and additions read as follows:

Sec.  63.2354   What performance tests, design evaluations, and
performance evaluations must I conduct?

    (a) * * *
    (2) For each design evaluation you conduct, you must use the
procedures specified in subpart SS of this part. You must also comply
with the requirements specified in Sec.  63.2346(l).
    (3) For each performance evaluation of a continuous emission
monitoring system (CEMS) you conduct, you must follow the requirements
in Sec.  63.8(e) and paragraph (d) of this section. For CEMS installed
after the compliance date specified in Sec.  63.2342(e), conduct a
performance evaluation of each CEMS within 180 days of installation of
the monitoring system.
    (b)(1) Except as specified in paragraph (b)(6) of this section, for
nonflare control devices, you must conduct each performance test
according to the requirements in Sec.  63.7(e)(1), and either Sec.
63.988(b), Sec.  63.990(b), or Sec.  63.995(b), using the procedures
specified in Sec.  63.997(e).
* * * * *
    (3)(i) In addition to Method 25 or 25A (40 CFR part 60, appendix A-
7), to determine compliance with the TOC emission limit, you may use
Method 18 (40 CFR part 60, appendix A-6) or Method 320 of appendix A to
this part to determine compliance with the total organic HAP emission
limit. You may not use Method 18 or Method 320 of appendix A to this
part if the control device is a combustion device, and you must not use
Method 320 of appendix A to this part if the gas stream contains
entrained water droplets. All compounds quantified by Method 320 of
appendix A to this part must be validated according to Section 13.0 of

Method 320 of appendix A to this part. As an alternative to Method 18,
for determining compliance with the total organic HAP emission limit,
you may use ASTM D6420-18 (incorporated by reference, see Sec.  63.14),
under the conditions specified in paragraph (b)(3)(ii) of this section.
    (A) If you use Method 18 (40 CFR 60, appendix A-6) or Method 320 of
appendix A to this part to measure compliance with the percentage
efficiency limit, you must first determine which organic HAP are
present in the inlet gas stream (i.e., uncontrolled emissions) using
knowledge of the organic liquids or the screening procedure described
in Method 18. In conducting the performance test, you must analyze
samples collected simultaneously at the inlet and outlet of the control
device. Quantify the emissions for the same organic HAP identified as
present in the inlet gas stream for both the inlet and outlet gas
streams of the control device.
    (B) If you use Method 18 (40 CFR part 60, appendix A-6) or Method
320 of appendix A to this part, to measure compliance with the emission
concentration limit, you must first determine which organic HAP are
present in the inlet gas stream using knowledge of the organic liquids
or the screening procedure described in Method 18. In conducting the
performance test, analyze samples collected as specified in Method 18
at the outlet of the control device. Quantify the control device outlet
emission concentration for the same organic HAP identified as present
in the inlet or uncontrolled gas stream.
    (ii) You may use ASTM D6420-18 (incorporated by reference, see
Sec.  63.14), to determine compliance with the total organic HAP
emission limit if the target concentration for each HAP is between 150
parts per billion by volume and 100 ppmv and either of the conditions
specified in paragraph (b)(2)(ii)(A) or (B) of this section exists. For
target compounds not listed in Section 1.1 of ASTM D6420-18 and not
amenable to detection by mass spectrometry, you may not use ASTM D6420-
18.
    (A) The target compounds are those listed in Section 1.1 of ASTM
D6420-18 (incorporated by reference, see Sec.  63.14); or
    (B) For target compounds not listed in Section 1.1 of ASTM D6420-18
(incorporated by reference, see Sec.  63.14), but potentially detected
by mass spectrometry, you must demonstrate recovery of the compound and
the additional system continuing calibration check after each run, as
detailed in ASTM D6420-18, Section 10.5.3, must be followed, met,
documented, and submitted with the data report, even if there is no
moisture condenser used or the compound is not considered water-
soluble.
    (iii) You may use ASTM D6348-12e1 (incorporated by reference, see
Sec.  63.14) instead of Method 320 of appendix A to this part under the
conditions specified in footnote 4 of Table 5 to this subpart.
    (4) If a principal component of the uncontrolled or inlet gas
stream to the control device is formaldehyde, you must use Method 316
of appendix A to this part, Method 320 of appendix A to this part, or
Method 323 of appendix A to this part for measuring the formaldehyde,
except you must not use Method 320 or Method 323 of appendix A to this
part if the gas stream contains entrained water droplets. If you use
Method 320 of appendix A to this part, formaldehyde must be validated
according to Section 13.0 of Method 320 of appendix A to this part. You
must measure formaldehyde either at the inlet and outlet of the control
device to determine control efficiency or at the outlet of a combustion
device for determining compliance with the emission concentration
limit. You may use ASTM D6348-12e1 (incorporated by reference, see
Sec.  63.14) instead of Method 320 of appendix A to this part under the
conditions specified in footnote 4 of Table 5 to this subpart.
    (5) Except as specified in paragraph (b)(6) of this section, you
may not conduct performance tests during periods of SSM, as specified
in Sec.  63.7(e)(1).
    (6) Beginning no later than the compliance dates specified in Sec.
63.2342(e), paragraphs (b)(1) and (5) of this section no longer apply.
Instead, you must conduct each performance test according to the
requirements in paragraphs (b)(6)(i) and (ii) of this section.
    (i) In lieu of the requirements specified in Sec.  63.7(e)(1), you
must conduct performance tests under such conditions as the
Administrator specifies based on representative performance of the
affected source for the period being tested. Representative conditions
exclude periods of startup and shutdown. You may not conduct
performance tests during periods of malfunction. You must record the
process information that is necessary to document operating conditions
during the test and include in such record an explanation to support
that such conditions represent normal operation. Upon request, you must
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
    (ii) Pursuant to paragraph (b)(6)(i) of this section, you must
conduct each performance test according to the requirements in either
Sec.  63.988(b), Sec.  63.990(b), or Sec.  63.995(b), using the
procedures specified in Sec.  63.997(e). You must also comply with the
requirements specified in Sec.  63.2346(l).
    (c) To determine the HAP content of the organic liquid, you may use
Method 311 of appendix A to this part, ASTM D6886-18 (incorporated by
reference, see Sec.  63.14), or other method approved by the
Administrator. If you use ASTM D6886-18 to determine the HAP content,
you must use either Method B or Method B in conjunction with Method C,
as described in section 4.3 of ASTM D6886-18. In addition, you may use
other means, such as voluntary consensus standards, safety data sheets
(SDS), or certified product data sheets, to determine the HAP content
of the organic liquid. If the method you select to determine the HAP
content provides HAP content ranges, you must use the upper end of each
HAP content range in determining the total HAP content of the organic
liquid. The EPA may require you to test the HAP content of an organic
liquid using Method 311 of appendix A to this part or other method
approved by the Administrator. For liquids that contain any amount of
formaldehyde or carbon tetrachloride, you may not use Method 311of
appendix A to this part. If the results of the Method 311 of appendix A
to this part (or any other approved method) are different from the HAP
content determined by another means, the Method 311 of appendix A to
this part (or approved method) results will govern. For liquids that
contain any amount of formaldehyde or carbon tetrachloride, if the
results of ASTM D6886-18 using method B or C in section 4.3 (or any
other approved method) are different from the HAP content determined by
another means, ASTM D6886-18 using method B or C in section 4 (or
approved method) results will govern.
    (d) Each VOC CEMS must be installed, operated, and maintained
according to the requirements of one of the following performance
specifications in appendix B to part 60 of this chapter: Performance
Specification 8, Performance Specification 8A, Performance
Specification 9, or Performance Specification 15. You must also comply
with the requirements of procedure 1 of appendix F to part 60 of this
chapter, for CEMS using Performance Specification 8 or 8A.
    (1) For CEMS using Performance Specification 9 or 15 (40 CFR part
60,

appendix B), determine the target analyte(s) for calibration using
either process knowledge or the screening procedures of Method 18 (40
CFR part 60, appendix A-6).
    (2) For CEMS using Performance Specification 8A (40 CFR part 60,
appendix B), conduct the relative accuracy test audits required under
Procedure 1 (40 CFR part 60, appendix F) in accordance with Sections 8
and 11 of Performance Specification 8 (40 CFR part 60, appendix B). The
relative accuracy must meet the criteria of Section 13.2 of Performance
Speciation 8 (40 CFR part 60, appendix B).
    (3) For CEMS using Performance Specification 8 or 8A of 40 CFR part
60, appendix B, calibrate the instrument on methane and report the
results as carbon (C1). Use Method 25A of 40 CFR part 60, appendix A-7
as the reference method for the relative accuracy tests.
    (4) If you are required to monitor oxygen in order to conduct
concentration corrections, you must use Performance Specification 3 (40
CFR part 60, appendix B), to certify your oxygen CEMS, and you must
comply with procedure 1 (40 CFR part 60, appendix F). Use Method 3A (40
CFR part 60, appendix A-2), as the reference method when conducting a
relative accuracy test audit.

0
9. Section 63.2358 is amended by adding paragraph (b)(3) to read as
follows:

Sec.  63.2358   By what date must I conduct performance tests and other
initial compliance demonstrations?

* * * * *
    (b) * * *
    (3) For storage tanks at existing affected sources that commenced
construction or reconstruction on or before October 21, 2019, you must
demonstrate initial compliance with the emission limitations listed in
Table 2b to this subpart within 180 days of either the initial startup
or July 7, 2023, whichever is later, except as provided in paragraphs
(b)(3)(i) and (ii) of this section.
    (i) For storage tanks with an existing internal or external
floating roof, complying with item 1.a.ii. in Table 2b to this subpart
and item 1.a. in Table 4 to this subpart, you must conduct your initial
compliance demonstration the next time the storage tank is emptied and
degassed, but not later than July 7, 2030.
    (ii) For storage tanks complying with item 1.a.ii. in Table 2b to
this subpart and item 1.b. or 1.c. in Table 4 to this subpart, you must
comply within 180 days after July 7, 2023.
* * * * *

0
10. Section 63.2362 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  63.2362   When must I conduct subsequent performance tests?

* * * * *
    (b) * * *
    (2) For transport vehicles that you own that do not have vapor
collection equipment, you must maintain current certification in
accordance with the U.S. DOT qualification and maintenance requirements
in 49 CFR part 180, subparts E (cargo tanks) and F (tank cars).

0
11. Section 63.2366 is revised to read as follows:

Sec.  63.2366   What are my monitoring installation, operation, and
maintenance requirements?

    (a) You must install, operate, and maintain a continuous monitoring
system (CMS) on each control device required in order to comply with
this subpart. If you use a continuous parameter monitoring system
(CPMS) (as defined in Sec.  63.981), you must comply with Sec.
63.2346(l) and the applicable requirements for CPMS in subpart SS of
this part and Sec.  63.671, for the control device being used. If you
use a CEMS, you must install, operate, and maintain the CEMS according
to the requirements in Sec.  63.8 and paragraph (d) of this section,
except as specified in paragraph (c) of this section.
    (b) For nonflare control devices controlling storage tanks and low
throughput transfer racks, you must submit a monitoring plan according
to the requirements in subpart SS of this part, for monitoring plans.
You must also comply with the requirements specified in Sec.
63.2346(l).
    (c) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must keep the written procedures required by Sec.
63.8(d)(2) on record for the life of the affected source or until the
affected source is no longer subject to the provisions of this part, to
be made available for inspection, upon request, by the Administrator.
If the performance evaluation plan is revised, you must keep previous
(i.e., superseded) versions of the performance evaluation plan on
record to be made available for inspection, upon request, by the
Administrator, for a period of 5 years after each revision to the plan.
The program of corrective action should be included in the plan
required under Sec.  63.8(d)(2). In addition to the information
required in Sec.  63.8(d)(2), your written procedures for CEMS must
include the information in paragraphs (c)(1) through (6) of this
section:
    (1) Description of CEMS installation location.
    (2) Description of the monitoring equipment, including the
manufacturer and model number for all monitoring equipment components
and the span of the analyzer.
    (3) Routine quality control and assurance procedures.
    (4) Conditions that would trigger a CEMS performance evaluation,
which must include, at a minimum, a newly installed CEMS; a process
change that is expected to affect the performance of the CEMS; and the
Administrator's request for a performance evaluation under section 114
of the Clean Air Act.
    (5) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec.  63.8(c)(1) and (3), (c)(4)(ii), and
(c)(7) and (8);
    (6) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.  63.10(c) and (e)(1).
    (d) For each CEMS, you must locate the sampling probe or other
interface at a measurement location such that you obtain representative
measurements of emissions from the regulated source and comply with the
applicable requirements specified in Sec.  63.2354(d).

0
12. Section 63.2370 is amended by revising paragraphs (a) and (c) to
read as follows:

Sec.  63.2370   How do I demonstrate initial compliance with the
emission limitations, operating limits, and work practice standards?

    (a) You must demonstrate initial compliance with each emission
limitation and work practice standard that applies to you as specified
in Tables 6 and 7 to this subpart.
* * * * *
    (c) You must submit the results of the initial compliance
determination in the Notification of Compliance Status according to the
requirements in Sec.  63.2382(d). If the initial compliance
determination includes a performance test and the results are submitted
electronically via the Compliance and Emissions Data Reporting
Interface (CEDRI) in accordance with Sec.  63.2386(g), the unit(s)
tested, the pollutant(s) tested, and the date that such performance
test was conducted may be submitted in the Notification of Compliance
Status in lieu of the performance test results. The performance test
results must be submitted to CEDRI by the date the Notification of
Compliance Status is submitted.

0
13. Section 63.2374 is amended by revising paragraph (a) to read as
follows:

Sec.  63.2374   When do I monitor and collect data to demonstrate
continuous compliance and how do I use the collected data?

    (a) You must monitor and collect data according to subpart SS of
this part, and paragraphs (b) and (c) of this section. You must also
comply with the requirements specified in Sec.  63.2346(l).
* * * * *

0
14. Section 63.2378 is amended by revising paragraphs (a), (b)
introductory text, (b)(2), (c), and (d), and adding paragraphs (e) and
(f) to read as follows:

Sec.  63.2378  How do I demonstrate continuous compliance with the
emission limitations, operating limits, and work practice standards?

    (a) You must demonstrate continuous compliance with each emission
limitation, operating limit, and work practice standard in Tables 2
through 4 to this subpart that applies to you according to the methods
specified in subpart SS of this part, and in Tables 8 through 10 to
this subpart, as applicable. You must also comply with the requirements
specified in Sec.  63.2346(l).
    (b) Except as specified in paragraph (e) of this section, you must
follow the requirements in Sec.  63.6(e)(1) and (3) during periods of
startup, shutdown, malfunction, or nonoperation of the affected source
or any part thereof. In addition, the provisions of paragraphs (b)(1)
through (3) of this section apply.
* * * * *
    (2) The owner or operator must not shut down control devices or
monitoring systems that are required or utilized for achieving
compliance with this subpart during periods of SSM while emissions are
being routed to such items of equipment if the shutdown would
contravene requirements of this subpart applicable to such items of
equipment. This paragraph (b)(2) does not apply if the item of
equipment is malfunctioning. This paragraph (b)(2) also does not apply
if the owner or operator shuts down the compliance equipment (other
than monitoring systems) to avoid damage due to a contemporaneous SSM
of the affected source or portion thereof. If the owner or operator has
reason to believe that monitoring equipment would be damaged due to a
contemporaneous SSM of the affected source of portion thereof, the
owner or operator must provide documentation supporting such a claim in
the next Compliance report required in Table 11 to this subpart, item
1. Once approved by the Administrator, the provision for ceasing to
collect, during a SSM, monitoring data that would otherwise be required
by the provisions of this subpart must be incorporated into the SSM
plan.
* * * * *
    (c) Except as specified in paragraph (e) of this section, periods
of planned routine maintenance of a control device used to control
storage tanks or transfer racks, during which the control device does
not meet the emission limits in Table 2 to this subpart, must not
exceed 240 hours per year.
    (d) Except as specified in paragraph (e) of this section, if you
elect to route emissions from storage tanks or transfer racks to a fuel
gas system or to a process, as allowed by Sec.  63.982(d), to comply
with the emission limits in Table 2 to this subpart, the total
aggregate amount of time during which the emissions bypass the fuel gas
system or process during the calendar year without being routed to a
control device, for all reasons (except SSM or product changeovers of
flexible operation units and periods when a storage tank has been
emptied and degassed), must not exceed 240 hours.
    (e) Beginning no later than the compliance dates specified in Sec.
63.2342(e), paragraphs (b) through (d) of this section no longer apply.
Instead, you must be in compliance with each emission limitation,
operating limit, and work practice standard specified in paragraph (a)
of this section at all times, except during periods of nonoperation of
the affected source (or specific portion thereof) resulting in
cessation of the emissions to which this subpart applies and must
comply with the requirements specified in paragraphs (e)(1) through (5)
of this section, as applicable. Equipment subject to the work practice
standards for equipment leak components in Table 4 to this subpart,
item 4 are not subject to this paragraph (e).
    (1) Except as specified in paragraphs (e)(3) through (5) of this
section, the use of a bypass line at any time on a closed vent system
to divert a vent stream to the atmosphere or to a control device not
meeting the requirements specified in paragraph (a) of this section is
an emissions standards deviation.
    (2) If you are subject to the bypass monitoring requirements of
Sec.  63.983(a)(3), then you must continue to comply with the
requirements in Sec.  63.983(a)(3) and the recordkeeping and reporting
requirements in Sec. Sec.  63.998(d)(1)(ii) and 63.999(c)(2), in
addition to Sec.  63.2346(l), the recordkeeping requirements specified
in Sec.  63.2390(g), and the reporting requirements specified in Sec.
63.2386(c)(12).
    (3) Periods of planned routine maintenance of a control device used
to control storage tank breathing loss emissions, during which the
control device does not meet the emission limits in Table 2 or 2b to
this subpart, must not exceed 240 hours per year. The level of material
in the storage vessel shall not be increased during periods that the
closed-vent system or control device is bypassed to perform routine
maintenance.
    (4) If you elect to route emissions from storage tanks to a fuel
gas system or to a process, as allowed by Sec.  63.982(d), to comply
with the emission limits in Table 2 or 2b to this subpart, the total
aggregate amount of time during which the breathing loss emissions
bypass the fuel gas system or process during the calendar year without
being routed to a control device, for all reasons (except product
changeovers of flexible operation units and periods when a storage tank
has been emptied and degassed), must not exceed 240 hours. The level of
material in the storage vessel shall not be increased during periods
that the fuel gas system or process is bypassed to perform routine
maintenance.
    (f) The CEMS data must be reduced to daily averages computed using
valid data consistent with the data availability requirements specified
in Sec.  63.999(c)(6)(i)(B) through (D), except monitoring data also
are sufficient to constitute a valid hour of data if measured values
are available for at least two of the 15-minute periods during an hour
when calibration, quality assurance, or maintenance activities are
being performed. In computing daily averages to determine compliance
with this subpart, you must exclude monitoring data recorded during
CEMS breakdowns, out of control periods, repairs, maintenance periods,
calibration checks, or other quality assurance activities.

0
15. Section 63.2380 is added before the undesignated center heading
``Notifications, Reports, and Records'' to read as follows:

Sec.  63.2380   What are my requirements for certain flares?

    (a) Beginning no later than the compliance dates specified in Sec.
63.2342(e), if you reduce organic HAP emissions by venting emissions
through a closed vent system to a steam-assisted, air-assisted, or non-
assisted flare to control emissions from a storage tank, low throughput
transfer rack, or high throughput transfer rack that is subject to
control based on the criteria specified in Tables 2 or 2b to this
subpart, then the flare requirements specified in Sec.  63.11(b);
subpart SS of this part; the provisions specified in items 7.a

through 7.d of Table 3 to this subpart; Table 8 to this subpart; and
the provisions specified in items 1.a.iii and 2.a.iii, and items 7.a
through 7.d.2 of Table 9 to this subpart no longer apply. Instead, you
must meet the applicable requirements for flares as specified in
Sec. Sec.  63.670 and 63.671, including the provisions in Tables 12 and
13 to subpart CC of this part, except as specified in paragraphs (b)
through (m) of this section. For purposes of compliance with this
paragraph, the following terms are defined in Sec.  63.641: Assist air,
assist steam, center steam, combustion zone, combustion zone gas,
flare, flare purge gas, flare supplemental gas, flare sweep gas, flare
vent gas, lower steam, net heating value, perimeter assist air, pilot
gas, premix assist air, total steam, and upper steam.
    (b) The following phrases in Sec.  63.670(c) do not apply:
    (1) ``Specify the smokeless design capacity of each flare and'';
and
    (2) ``And the flare vent gas flow rate is less than the smokeless
design capacity of the flare.''
    (c) The phrase ``and the flare vent gas flow rate is less than the
smokeless design capacity of the flare'' in Sec.  63.670(d) does not
apply.
    (d) Section 63.670(j)(6)(ii) does not apply. Instead submit the
information required by Sec.  63.670(j)(6)(ii) with the Notification of
Compliance Status according to Sec.  63.2382(d)(2)(ix).
    (e) Section 63.670(o) does not apply.
    (f) Substitute ``pilot flame or flare flame'' or each occurrence of
``pilot flame.''
    (g) Substitute ``affected source'' for each occurrence of
``petroleum refinery.''
    (h) Each occurrence of ``refinery'' does not apply.
    (i) You may elect to comply with the alternative means of emissions
limitation requirements specified in Sec.  63.670(r)in lieu of the
requirements in Sec.  63.670(d) through (f), as applicable. However,
instead of complying with Sec.  63.670(r)(3)(iii), you must also submit
the alternative means of emissions limitation request 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 Sector
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>    (j) If you choose to determine compositional analysis for net
heating value with a continuous process mass spectrometer, then you
must comply with the requirements specified in paragraphs (j)(1)
through (7) of this section.
    (1) You must meet the requirements in Sec.  63.671(e)(2). You may
augment the minimum list of calibration gas components found in Sec.
63.671(e)(2) with compounds found during a pre-survey or known to be in
the gas through process knowledge.
    (2) Calibration gas cylinders must be certified to an accuracy of 2
percent and traceable to National Institute of Standards and Technology
(NIST) standards.
    (3) For unknown gas components that have similar analytical mass
fragments to calibration compounds, you may report the unknowns as an
increase in the overlapped calibration gas compound. For unknown
compounds that produce mass fragments that do not overlap calibration
compounds, you may use the response factor for the nearest molecular
weight hydrocarbon in the calibration mix to quantify the unknown
component's NHVvg.
    (4) You may use the response factor for n-pentane to quantify any
unknown components detected with a higher molecular weight than n-
pentane.
    (5) You must perform an initial calibration to identify mass
fragment overlap and response factors for the target compounds.
    (6) You must meet applicable requirements in Performance
Specification (PS) 9 (40 CFR part 60, appendix B) for continuous
monitoring system acceptance including, but not limited to, performing
an initial multi-point calibration check at three concentrations
following the procedure in Section 10.1 of PS 9 and performing the
periodic calibration requirements listed for gas chromatographs in
Table 13 to subpart CC of this part, for the process mass spectrometer.
You may use the alternative sampling line temperature allowed under Net
Heating Value by Gas Chromatograph in Table 13 to subpart CC of this
part.
    (7) The average instrument calibration error (CE) for each
calibration compound at any calibration concentration must not differ
by more than 10 percent from the certified cylinder gas value. The CE
for each component in the calibration blend must be calculated using
the following equation:
[GRAPHIC] [TIFF OMITTED] TR07JY20.001

Where:

Cm = Average instrument response (ppm)
Ca = Certified cylinder gas value (ppm)

    (k) If you use a gas chromatograph or mass spectrometer for
compositional analysis for net heating value, then you may choose to
use the CE of NHV measured versus the cylinder tag value NHV as the
measure of agreement for daily calibration and quarterly audits in lieu
of determining the compound-specific CE. The CE for NHV at any
calibration level must not differ by more than 10 percent from the
certified cylinder gas value. The CE for must be calculated using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR07JY20.000

Where:

NHVmeasured = Average instrument response (Btu/scf)
NHVa = Certified cylinder gas value (Btu/scf)

    (l) Instead of complying with Sec.  63.670(p), you must keep the
flare monitoring records specified in Sec.  63.2390(h).
    (m) Instead of complying with Sec.  63.670(q), you must comply with
the reporting requirements specified in Sec.  63.2382(d)(2)(ix) and
Sec.  63.2386(d)(5).

0
16. Section 63.2382 is amended by revising paragraphs (a), (d)(1),
(d)(2) introductory text, (d)(2)(ii), (vi), and (vii), and adding
paragraphs (d)(2)(ix) and (d)(3) to read as follows:

Sec.  63.2382   What notifications must I submit and when and what
information should be submitted?

    (a) You must submit each notification in subpart SS of this part,
Table 12 to this subpart, and paragraphs (b) through (d) of this
section that applies to you. You must submit these notifications
according to the schedule in Table 12 to this subpart and as specified
in paragraphs (b) through (d) of this

section. You must also comply with the requirements specified in Sec.
63.2346(l).
* * * * *
    (d) * * *
    (1) Notification of Compliance Status. If you are required to
conduct a performance test, design evaluation, or other initial
compliance demonstration as specified in Table 5, 6, or 7 to this
subpart, you must submit a Notification of Compliance Status.
    (2) Notification of Compliance Status requirements. The
Notification of Compliance Status must include the information required
in Sec.  63.999(b) and in paragraphs (d)(2)(i) through (ix) of this
section.
* * * * *
    (ii) The results of emissions profiles, performance tests,
engineering analyses, design evaluations, flare compliance assessments,
inspections and repairs, and calculations used to demonstrate initial
compliance according to Tables 6 and 7 to this subpart. For performance
tests, results must include descriptions of sampling and analysis
procedures and quality assurance procedures. If performance test
results are submitted electronically via CEDRI in accordance with Sec.
63.2386(g), the unit(s) tested, the pollutant(s) tested, and the date
that such performance test was conducted may be submitted in the
Notification of Compliance Status in lieu of the performance test
results. The performance test results must be submitted to CEDRI by the
date the Notification of Compliance Status is submitted.
* * * * *
    (vi) The applicable information specified in Sec.  63.1039(a)(1)
through (3) for all pumps and valves subject to the work practice
standards for equipment leak components in Table 4 to this subpart,
item 4.
    (vii) If you are complying with the vapor balancing work practice
standard for transfer racks according to Table 4 to this subpart, item
3.a, include a statement to that effect and a statement that the
pressure vent settings on the affected storage tanks are greater than
or equal to 2.5 psig.
* * * * *
    (ix) For flares subject to the requirements of Sec.  63.2380, you
must also submit the information in this paragraph in a supplement to
the Notification of Compliance Status within 150 days after the first
applicable compliance date for flare monitoring. In lieu of the
information required in Sec.  63.987(b), the Notification of Compliance
Status must include flare design (e.g., steam-assisted, air-assisted,
or non-assisted); all visible emission readings, heat content
determinations (including information required by Sec.
63.670(j)(6)(i), as applicable), flow rate measurements, and exit
velocity determinations made during the initial visible emissions
demonstration required by Sec.  63.670(h), as applicable; and all
periods during the compliance determination when the pilot flame or
flare flame is absent.
    (3) Submitting Notification of Compliance Status. Beginning no
later than the compliance dates specified in Sec.  63.2342(e), you must
submit all subsequent Notification of Compliance Status reports to the
EPA via CEDRI, which can be accessed through EPA's Central Data
Exchange (CDX) (https://cdx.epa.gov/). If you claim some of the
information required to be submitted via CEDRI is confidential business
information (CBI), then submit a complete report, including information
claimed to be CBI, to the EPA. Submit the file on a compact disc, flash
drive, or other commonly used electronic storage medium and clearly
mark the medium as CBI. Mail the electronic medium to U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom
(C404-02), Attention: Organic Liquids Distribution Sector Lead, 4930
Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must
be submitted to the EPA via EPA's CDX as described earlier in this
paragraph. You may assert a claim of EPA system outage or force majeure
for failure to timely comply with this reporting requirement provided
you meet the requirements outlined in Sec.  63.2386(i) or (j), as
applicable.

0
17. Section 63.2386 is amended by:
0
a. Revising paragraphs (a), (b) introductory text, (c) introductory
text, (c)(2), (3), (5), and (9);
0
b. Adding paragraphs (c)(11) and (12);
0
c. Revising paragraph (d) introductory text, (d)(1) introductory text,
(d)(1)(i) through (d)(1)(vii), (ix), and (x);
0
d. Adding paragraphs (d)(1)(xiii) through (xv);
0
e. Revising paragraph (d)(2)(i);
0
f. Adding paragraph (d)(2)(iv);
0
g. Revising paragraph (d)(3);
0
h. Adding paragraph (d)(5);
0
i. Revising paragraph (e); and
0
j. Adding paragraphs (f) through (j).
    The revisions and additions read as follows:

Sec.  63.2386   What reports must I submit and when and what
information is to be submitted in each?

    (a) You must submit each report in subpart SS of this part, Table
11 to this subpart, Table 12 to this subpart, and in paragraphs (c)
through (j) of this section that applies to you. You must also comply
with the requirements specified in Sec.  63.2346(l).
    (b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.  63.10(a), you must submit each report
according to Table 11 to this subpart and by the dates shown in
paragraphs (b)(1) through (3) of this section, by the dates shown in
subpart SS of this part, and by the dates shown in Table 12 to this
subpart, whichever are applicable.
* * * * *
    (c) First Compliance report. The first Compliance report must
contain the information specified in paragraphs (c)(1) through (12) of
this section, as well as the information specified in paragraph (d) of
this section.
* * * * *
    (2) Statement by a responsible official, including the official's
name, title, and signature, certifying that, based on information and
belief formed after reasonable inquiry, the statements and information
in the report are true, accurate, and complete. If your report is
submitted via CEDRI, the certifier's electronic signature during the
submission process replaces this requirement.
    (3) Date of report and beginning and ending dates of the reporting
period. You are no longer required to provide the date of report when
the report is submitted via CEDRI.
* * * * *
    (5) Except as specified in paragraph (c)(11) of this section, if
you had a SSM during the reporting period and you took actions
consistent with your SSM plan, the Compliance report must include the
information described in Sec.  63.10(d)(5)(i).
* * * * *
    (9) A listing of all transport vehicles into which organic liquids
were loaded at transfer racks that are subject to control based on the
criteria specified in Table 2 to this subpart, items 7 through 10,
during the previous 6 months for which vapor tightness documentation as
required in Sec.  63.2390(c) was not on file at the facility.
* * * * *
    (11) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), paragraph (c)(5) of this section no longer applies.
    (12) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), for bypass lines subject to the requirements Sec.
63.2378(e)(1) and (2), the compliance report must include the start
date, start time, duration in hours, estimate of the volume of gas in

standard cubic feet (scf), the concentration of organic HAP in the gas
in ppmv and the resulting mass emissions of organic HAP in pounds that
bypass a control device. For periods when the flow indicator is not
operating, report the start date, start time, and duration in hours.
    (d) Subsequent Compliance reports. Subsequent Compliance reports
must contain the information in paragraphs (c)(1) through (9) and
paragraph (c)(12) of this section and, where applicable, the
information in paragraphs (d)(1) through (5) of this section.
    (1) For each deviation from an emission limitation occurring at an
affected source where you are using a CMS to comply with an emission
limitation in this subpart, or for each CMS that was inoperative or out
of control during the reporting period, you must include in the
Compliance report the applicable information in paragraphs (d)(1)(i)
through (xv) of this section. This includes periods of SSM.
    (i) The date and time that each malfunction started and stopped,
and the nature and cause of the malfunction (if known).
    (ii) The start date, start time, and duration in hours for each
period that each CMS was inoperative, except for zero (low-level) and
high-level checks.
    (iii) The start date, start time, and duration in hours for each
period that the CMS that was out of control.
    (iv) Except as specified in paragraph (d)(1)(xiii) of this section,
the date and time that each deviation started and stopped, and whether
each deviation occurred during a period of SSM, or during another
period.
    (v) The total duration in hours of all deviations for each CMS
during the reporting period, and the total duration as a percentage of
the total emission source operating time during that reporting period.
    (vi) Except as specified in paragraph (d)(1)(xiii) of this section,
a breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.
    (vii) The total duration in hours of CMS downtime for each CMS
during the reporting period, and the total duration of CMS downtime as
a percentage of the total emission source operating time during that
reporting period.
* * * * *
    (ix) A brief description of the emission source(s) at which the CMS
deviation(s) occurred or at which the CMS was inoperative or out of
control.
    (x) The equipment manufacturer(s) and model number(s) of the CMS
and the pollutant or parameter monitored.
* * * * *
    (xiii) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), paragraphs (d)(1)(iv) and (vi) of this section no
longer apply. For each instance, report the start date, start time, and
duration in hours of each failure. For each failure, the report must
include a list of the affected sources or equipment, an estimate of the
quantity in pounds of each regulated pollutant emitted over any
emission limit, a description of the method used to estimate the
emissions, and the cause of the deviation (including unknown cause, if
applicable), as applicable, and the corrective action taken.
    (xiv) Corrective actions taken for a CMS that was inoperative or
out of control.
    (xv) Total process operating time during the reporting period.
    (2) * * *
    (i) Except as specified in paragraph (d)(2)(iv) of this section,
for each storage tank and transfer rack subject to control
requirements, include periods of planned routine maintenance during
which the control device did not comply with the applicable emission
limits in Table 2 to this subpart.
* * * * *
    (iv) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), paragraph (d)(2)(i) of this section no longer
applies. Instead for each storage tank subject to control requirements,
include the start date, start time, end date and end time of any
planned routine maintenance during which the control device used to
control storage tank breathing losses did not comply with the
applicable emission limits in Table 2 or 2b to this subpart.
    (3)(i) Except as specified in paragraph (d)(3)(iii) of this
section, a listing of any storage tank that became subject to controls
based on the criteria for control specified in Table 2 to this subpart,
items 1 through 6, since the filing of the last Compliance report.
    (ii) A listing of any transfer rack that became subject to controls
based on the criteria for control specified in Table 2 to this subpart,
items 7 through 10, since the filing of the last Compliance report.
    (iii) Beginning no later than the compliance dates specified in
Sec.  63.2342(e), the emission limits specified in Table 2 to this
subpart for storage tanks at an existing affected source no longer
apply as specified in Sec.  63.2346(a)(5). Instead, beginning no later
than the compliance dates specified in Sec.  63.2342(e), you must
include a listing of any storage tanks at an existing affected source
that became subject to controls based on the criteria for control
specified in Table 2b to this subpart, items 1 through 3, since the
filing of the last Compliance report.
* * * * *
    (5) Beginning no later than the compliance dates specified in Sec.
63.2342(e), for each flare subject to the requirements in Sec.
63.2380, the compliance report must include the items specified in
paragraphs (d)(5)(i) through (iii) of this section in lieu of the
information required in Sec.  63.999(c)(3).
    (i) Records as specified in Sec.  63.2390(h)(1) for each 15-minute
block during which there was at least one minute when regulated
material is routed to a flare and no pilot flame or flare flame is
present. Include the start and stop time and date of each 15-minute
block.
    (ii) Visible emission records as specified in Sec.
63.2390(h)(2)(iv) for each period of 2 consecutive hours during which
visible emissions exceeded a total of 5 minutes.
    (iii) The periods specified in Sec.  63.2390(h)(6). Indicate the
date and start and end time for the period, and the net heating value
operating parameter(s) determined following the methods in Sec.
63.670(k) through (n) as applicable.
    (e) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all
deviations as defined in this subpart in the semiannual monitoring
report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If
an affected source submits a Compliance report pursuant to Table 11 to
this subpart along with, or as part of, the semiannual monitoring
report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and
the Compliance report includes all required information concerning
deviations from any emission limitation in this subpart, we will
consider submission of the Compliance report as satisfying any
obligation to report the same deviations in the semiannual monitoring
report. However, submission of a Compliance report will not otherwise
affect any obligation the affected source may have to report deviations
from permit requirements to the applicable title V permitting
authority.
    (f) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must submit all Compliance reports to the EPA via
CEDRI, which can be accessed through

EPA's CDX (https://cdx.epa.gov/). You must use the appropriate
electronic report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date report templates
become available will be listed on the CEDRI website. Unless the
Administrator or delegated state agency or other authority has approved
a different schedule for submission of reports under Sec. Sec.  63.9(i)
and 63.10(a), the report must be submitted by the deadline specified in
this subpart, regardless of the method in which the report is
submitted. If you claim some of the information required to be
submitted via CEDRI is CBI, submit a complete report, including
information claimed to be CBI, to the EPA. The report must be generated
using the appropriate form on the CEDRI website or an alternate
electronic file consistent with the extensible markup language (XML)
schema listed on the CEDRI website. Submit the file on a compact disc,
flash drive, or other commonly used electronic storage medium and
clearly mark the medium as CBI. Mail the electronic medium to U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom
(C404-02), Attention: Organic Liquids Distribution Sector Lead, 4930
Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must
be submitted to the EPA via EPA's CDX as described earlier in this
paragraph. You may assert a claim of EPA system outage or force majeure
for failure to timely comply with this reporting requirement provided
you meet the requirements outlined in paragraph (i) or (j) of this
section, as applicable.
    (g) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must start submitting performance test reports in
accordance with this paragraph. Unless otherwise specified in this
subpart, within 60 days after the date of completing each performance
test required by this subpart, you must submit the results of the
performance test following the procedures specified in paragraphs
(g)(1) through (3) of this section.
    (1) Data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to the EPA via CEDRI, which can be accessed through
the EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a
file format generated through the use of the EPA's ERT. Alternatively,
you may submit an electronic file consistent with the XML schema listed
on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the
EPA's ERT as listed on the EPA's ERT website at the time of the test.
The results of the performance test must be included as an attachment
in the ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT website. Submit the ERT generated
package or alternative file to the EPA via CEDRI.
    (3) CBI. If you claim some of the information submitted under
paragraph (g)(1) or (2) of this section is CBI, then you must submit a
complete file, including information claimed to be CBI, to the EPA. The
file must be generated through the use of the EPA's ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
website. Submit the file on a compact disc, flash drive, or other
commonly used electronic storage medium and clearly mark the medium as
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office,
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be
submitted to the EPA via EPA's CDX as described in paragraphs (g)(1)
and (2) of this section.
    (h) Beginning no later than the compliance dates specified in Sec.
63.2342(e), you must start submitting performance evaluation reports in
accordance with this paragraph. Unless otherwise specified in this
subpart, within 60 days after the date of completing each CEMS
performance evaluation (as defined in Sec.  63.2), you must submit the
results of the performance evaluation following the procedures
specified in paragraphs (h)(1) through (3) of this section.
    (1) Performance evaluations of CEMS measuring relative accuracy
test audit (RATA) pollutants that are supported by the EPA's ERT as
listed on the EPA's ERT website at the time of the evaluation. Submit
the results of the performance evaluation to the EPA via CEDRI, which
can be accessed through the EPA's CDX. The data must be submitted in a
file format generated through the use of the EPA's ERT. Alternatively,
you may submit an electronic file consistent with the XML schema listed
on the EPA's ERT website.
    (2) Performance evaluations of CEMS measuring RATA pollutants that
are not supported by the EPA's ERT as listed on the EPA's ERT website
at the time of the evaluation. The results of the performance
evaluation must be included as an attachment in the ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
website. Submit the ERT generated package or alternative file to the
EPA via CEDRI.
    (3) CBI. If you claim some of the information submitted under
paragraph (h)(1) or (2) of this section is CBI, then you must submit a
complete file, including information claimed to be CBI, to the EPA. The
file must be generated through the use of the EPA's ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
website. Submit the file on a compact disc, flash drive, or other
commonly used electronic storage medium and clearly mark the medium as
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office,
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be
submitted to the EPA via the EPA's CDX as described in paragraphs
(h)(1) and (2) of this section.
    (i) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with the reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (i)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (5) You must provide to the Administrator a written description
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and

    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
    (7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (j) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with the reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (j)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this paragraph,
a force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.

0
18. Section 63.2390 is amended by:
0
a. Revising paragraphs (b)(1) and (2);
0
b. Adding paragraph (b)(3);
0
c. Revising paragraphs (c) introductory text, (c)(2) and (3), and (d);
and
0
d. Adding paragraphs (f) through (h).
    The revisions and additions read as follows:

Sec.  63.2390  What records must I keep?

* * * * *
    (b) * * *
    (1) Except as specified in paragraph (h) of this section for
flares, you must keep all records identified in subpart SS of this part
and in Table 12 to this subpart that are applicable, including records
related to notifications and reports, SSM, performance tests, CMS, and
performance evaluation plans. You must also comply with the
requirements specified in Sec.  63.2346(l).
    (2) Except as specified in paragraph (h) of this section for
flares, you must keep the records required to show continuous
compliance, as required in subpart SS of this part and in Tables 8
through 10 to this subpart, with each emission limitation, operating
limit, and work practice standard that applies to you. You must also
comply with the requirements specified in Sec.  63.2346(l).
    (3) In addition to the information required in Sec.  63.998(c), the
manufacturer's specifications or your written procedures must include a
schedule for calibrations, preventative maintenance procedures, a
schedule for preventative maintenance, and corrective actions to be
taken if a calibration fails.
    (c) For each transport vehicle into which organic liquids are
loaded at a transfer rack that is subject to control based on the
criteria specified in Table 2 to this subpart, items 7 through 10, you
must keep the applicable records in paragraphs (c)(1) and (2) of this
section or alternatively the verification records in paragraph (c)(3)
of this section.
* * * * *
    (2) For transport vehicles without vapor collection equipment,
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.
    (3) In lieu of keeping the records specified in paragraph (c)(1) or
(2) of this section, as applicable, the owner or operator shall record
that the verification of U.S. DOT tank certification or Method 27 of 40
CFR part 60, appendix A-8 testing, required in Table 5 to this subpart,
item 2, has been performed. Various methods for the record of
verification can be used, such as: A check-off on a log sheet, a list
of U.S. DOT serial numbers or Method 27 data, or a position description
for gate security showing that the security guard will not allow any
trucks on site that do not have the appropriate documentation.
    (d) You must keep records of the total actual annual facility-level
organic liquid loading volume as defined in Sec.  63.2406 through
transfer racks to document the applicability, or lack thereof, of the
emission limitations in Table 2 to this subpart, items 7 through 10.
* * * * *
    (f) Beginning no later than the compliance dates specified in Sec.
63.2342(e), for each deviation from an emission limitation, operating
limit, and work practice standard specified in paragraph (a) of this
section, you must keep a record of the information specified in
paragraph (f)(1) through (3) of this section.
    (1) In the event that an affected unit fails to meet an applicable
standard, record the number of failures. For each failure record the
date, time and duration of each failure.
    (2) For each failure to meet an applicable standard, record and
retain a list of the affected sources or equipment, an estimate of the
quantity of each regulated pollutant emitted over any emission limit
and a description of the method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with
Sec.  63.2350(d) and any corrective actions taken to return the
affected unit to its normal or usual manner of operation.
    (g) Beginning no later than the compliance dates specified in Sec.
63.2342(e), for each flow event from a bypass line subject to the
requirements in Sec.  63.2378(e)(1) and (2), you must maintain records
sufficient to determine whether or not the detected flow included flow
requiring control. For each flow event from a bypass line requiring
control that is released either directly to the atmosphere or to a
control device not meeting the requirements specified in Sec.
63.2378(a), you must include an estimate of the volume of gas, the
concentration of organic HAP in the gas and the resulting emissions of
organic HAP that bypassed the control device using process knowledge
and engineering estimates.
    (h) Beginning no later than the compliance dates specified in Sec.
63.2342(e), for each flare subject to the

requirements in Sec.  63.2380, you must keep records specified in
paragraphs (h)(1) through (10) of this section in lieu of the
information required in Sec.  63.998(a)(1).
    (1) Retain records of the output of the monitoring device used to
detect the presence of a pilot flame or flare flame as required in
Sec.  63.670(b) for a minimum of 2 years. Retain records of each 15-
minute block during which there was at least one minute that no pilot
flame or flare flame is present when regulated material is routed to a
flare for a minimum of 5 years. You may reduce the collected minute-by-
minute data to a 15-minute block basis with an indication of whether
there was at least one minute where no pilot flame or flare flame was
present.
    (2) Retain records of daily visible emissions observations or video
surveillance images required in Sec.  63.670(h) as specified in
paragraphs (h)(2)(i) through (iv) of this section, as applicable, for a
minimum of 3 years.
    (i) To determine when visible emissions observations are required,
the record must identify all periods when regulated material is vented
to the flare.
    (ii) If visible emissions observations are performed using Method
22 of 40 CFR part 60, appendix A-7, then the record must identify
whether the visible emissions observation was performed, the results of
each observation, total duration of observed visible emissions, and
whether it was a 5-minute or 2-hour observation. Record the date and
start and end time of each visible emissions observation.
    (iii) If a video surveillance camera is used, then the record must
include all video surveillance images recorded, with time and date
stamps.
    (iv) For each 2-hour period for which visible emissions are
observed for more than 5 minutes in 2 consecutive hours, then the
record must include the date and start and end time of the 2-hour
period and an estimate of the cumulative number of minutes in the 2-
hour period for which emissions were visible.
    (3) The 15-minute block average cumulative flows for flare vent gas
and, if applicable, total steam, perimeter assist air, and premix
assist air specified to be monitored under Sec.  63.670(i), along with
the date and time interval for the 15-minute block. If multiple
monitoring locations are used to determine cumulative vent gas flow,
total steam, perimeter assist air, and premix assist air, then retain
records of the 15-minute block average flows for each monitoring
location for a minimum of 2 years, and retain the 15-minute block
average cumulative flows that are used in subsequent calculations for a
minimum of 5 years. If pressure and temperature monitoring is used,
then retain records of the 15-minute block average temperature,
pressure, and molecular weight of the flare vent gas or assist gas
stream for each measurement location used to determine the 15-minute
block average cumulative flows for a minimum of 2 years, and retain the
15-minute block average cumulative flows that are used in subsequent
calculations for a minimum of 5 years.
    (4) The flare vent gas compositions specified to be monitored under
Sec.  63.670(j). Retain records of individual component concentrations
from each compositional analysis for a minimum of 2 years. If an NHVvg
analyzer is used, retain records of the 15-minute block average values
for a minimum of 5 years.
    (5) Each 15-minute block average operating parameter calculated
following the methods specified in Sec.  63.670(k) through (n), as
applicable.
    (6) All periods during which operating values are outside of the
applicable operating limits specified in Sec.  63.670(d) through (f)
when regulated material is being routed to the flare.
    (7) All periods during which you do not perform flare monitoring
according to the procedures in Sec.  63.670(g).
    (8) Records of periods when there is flow of vent gas to the flare,
but when there is no flow of regulated material to the flare, including
the start and stop time and dates of periods of no regulated material
flow.
    (9) The monitoring plan required in Sec.  63.671(b).
    (10) Records described in Sec.  63.10(b)(2)(vi).

0
19. Section 63.2396 is amended by:
0
a. Revising paragraph (a)(3);
0
b. Adding paragraph (a)(4);
0
c. Revising paragraph (c)(1) and (2);
0
d. Adding paragraph (d); and
0
e. Revising paragraph (e)(2).
    The revisions and additions read as follows:

Sec.  63.2396   What compliance options do I have if part of my plant
is subject to both this subpart and another subpart?

    (a) * * *
    (3) Except as specified in paragraph (a)(4) of this section, as an
alternative to paragraphs (a)(1) and (2) of this section, if a storage
tank assigned to the OLD affected source is subject to control under 40
CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may elect to
comply only with the requirements of this subpart for storage tanks
meeting the applicability criteria for control in Table 2 to this
subpart.
    (4) Beginning no later than the compliance dates specified in Sec.
63.2342(e), the applicability criteria for control specified in Table 2
to this subpart for storage tanks at an existing affected source no
longer apply as specified in Sec.  63.2346(a)(5). Instead, beginning no
later than the compliance dates specified in Sec.  63.2342(e), as an
alternative to paragraphs (a)(1) and (2) of this section, if a storage
tank assigned to an existing OLD affected source is subject to control
under 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may
elect to comply only with the requirements of this subpart for storage
tanks at an existing affected source meeting the applicability criteria
for control in Table 2b to this subpart.
* * * * *
    (c) * * *
    (1) After the compliance dates specified in Sec.  63.2342, if you
have pumps, valves, or sampling connections that are subject to a 40
CFR part 60 subpart, and those pumps, valves, and sampling connections
are in OLD operation and in organic liquids service, as defined in this
subpart, you must comply with the provisions of each subpart for those
equipment leak components.
    (2) After the compliance dates specified in Sec.  63.2342, if you
have pumps, valves, or sampling connections subject to subpart GGG of
this part, and those pumps, valves, and sampling connections are in OLD
operation and in organic liquids service, as defined in this subpart,
you may elect to comply with the provisions of this subpart for all
such equipment leak components. You must identify in the Notification
of Compliance Status required by Sec.  63.2382(b) the provisions with
which you will comply.
    (d) Overlap of subpart EEEE with other regulations for flares for
the OLD source category. (1) Beginning no later than the compliance
dates specified in Sec.  63.2342(e), flares that are subject to Sec.
60.18 of this chapter or Sec.  63.11 and used as a control device for
an emission point subject to the requirements in Tables 2 or 2b to of
this subpart are required to comply only with Sec.  63.2380. At any
time before the compliance dates specified in Sec.  63.2342(e), flares
that are subject to Sec.  60.18 or Sec.  63.11 and elect to comply with
Sec.  63.2380 are required to comply only with Sec.  63.2380.
    (2) Beginning no later than the compliance dates specified in Sec.
63.2342(e), flares that are subject to Sec.  63.987 and used as a
control device for an emission point subject to the requirements in
Tables 2 or 2b to this subpart are required to comply only with Sec.
63.2380. At any time before the compliance dates specified in

Sec.  63.2342(e), flares that are subject to Sec. Sec.  63.987 and
elect to comply with Sec.  63.2380 are required to comply only with
Sec.  63.2380.
    (3) Beginning no later than the compliance dates specified in Sec.
63.2342(e), flares that are subject to the requirements of subpart CC
of this part and used as a control device for an emission point subject
to the requirements in Tables 2 or 2b to this subpart are required to
comply only with the flare requirements in subpart CC of this part.
    (e) * * *
    (2) Equipment leak components. After the compliance dates specified
in Sec.  63.2342, if you are applying the applicable recordkeeping and
reporting requirements of another subpart of this part to the valves,
pumps, and sampling connection systems associated with a transfer rack
subject to this subpart that only unloads organic liquids directly to
or via pipeline to a non-tank process unit component or to a storage
tank subject to the other subpart of this part, the owner or operator
must be in compliance with the recordkeeping and reporting requirements
of this subpart EEEE. If complying with the recordkeeping and reporting
requirements of the other subpart satisfies the recordkeeping and
reporting requirements of this subpart, the owner or operator may elect
to continue to comply with the recordkeeping and reporting requirements
of the other subpart. In such instances, the owner or operator will be
deemed to be in compliance with the recordkeeping and reporting
requirements of this subpart. The owner or operator must identify the
other subpart being complied with in the Notification of Compliance
Status required by Sec.  63.2382(d).

0
20. Section 63.2402 is amended by revising paragraph (b) introductory
text and adding paragraph (b)(5) to read as follows:

Sec.  63.2402   Who implements and enforces this subpart?

* * * * *
    (b) In delegating implementation and enforcement authority for this
subpart to a State, local, or eligible tribal agency under subpart E of
this part, the authorities contained in paragraphs (b)(1) through (5)
of this section are retained by the EPA Administrator and are not
delegated to the State, local, or eligible tribal agency.
* * * * *
    (5) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.

0
21. Section 63.2406 is amended by:
0
a. Revising the definition of ``Annual average true vapor pressure'';
0
b. Adding in alphabetical order a definition for ``Condensate'';
0
c. Revising the definitions of ``Deviation'' and ``Equipment leak
component'';
0
d. Adding in alphabetical order a definition for ``Force majeure
event'';
0
e. Revising the definition of ``Organic liquid'';
0
f. Adding definitions in alphabetical order for ``Pressure relief
device'' and ``Relief valve''; and
0
g. Revising the definition of ``Vapor-tight transport vehicle''.
    The revisions and additions read as follows:

Sec.  63.2406   What definitions apply to this subpart?

* * * * *
    Annual average true vapor pressure means the equilibrium partial
pressure exerted by the total organic HAP in Table 1 to this subpart in
the stored or transferred organic liquid. For the purpose of
determining if a liquid meets the definition of an organic liquid, the
vapor pressure is determined using conditions of 77 degrees Fahrenheit
and 29.92 inches of mercury. For the purpose of determining whether an
organic liquid meets the applicability criteria in Table 2 to this
subpart, items 1 through 6, or Table 2b to this subpart, items 1
through 3, use the actual annual average temperature as defined in this
subpart. The vapor pressure value in either of these cases is
determined:
    (1) Using standard reference texts;
    (2) By ASTM D6378-18a (incorporated by reference, see Sec.  63.14)
using a vapor to liquid ratio of 4:1; or
    (3) Using any other method that the EPA approves.
* * * * *
    Condensate means hydrocarbon liquid separated from natural gas that
condenses due to changes in the temperature or pressure, or both, and
remains liquid at standard conditions as specified in Sec.  63.2. Only
those condensates downstream of the first point of custody transfer
after the production field are considered condensates in this subpart.
* * * * *
    Deviation means any instance in which an affected source subject to
this subpart, or portion thereof, or an owner or operator of such a
source:
    (1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(including any operating limit) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart, and that is
included in the operating permit for any affected source required to
obtain such a permit; or
    (3) Before July 7, 2023, fails to meet any emission limitation
(including any operating limit) or work practice standard in this
subpart during SSM. On and after July 7, 2023, this paragraph no longer
applies.
* * * * *
    Equipment leak component means each pump, valve, and sampling
connection system used in organic liquids service at an OLD operation.
Valve types include control, globe, gate, plug, and ball. Relief and
check valves are excluded.
    Force majeure event means a release of HAP, either directly to the
atmosphere from a safety device or discharged via a flare, that is
demonstrated to the satisfaction of the Administrator to result from an
event beyond the owner or operator's control, such as natural
disasters; acts of war or terrorism; loss of a utility external to the
OLD operation (e.g., external power curtailment), excluding power
curtailment due to an interruptible service agreement; and fire or
explosion originating at a near or adjoining facility outside of the
OLD operation that impacts the OLD operation's ability to operate.
* * * * *
    Organic liquid means:
    (1) Any non-crude oil liquid, non-condensate liquid, or liquid
mixture that contains 5 percent by weight or greater of the organic HAP
listed in Table 1 to this subpart, as determined using the procedures
specified in Sec.  63.2354(c).
    (2) Any crude oils or condensates downstream of the first point of
custody transfer.
    (3) Organic liquids for purposes of this subpart do not include the
following liquids:
    (i) Gasoline (including aviation gasoline), kerosene (No. 1
distillate oil), diesel (No. 2 distillate oil), asphalt, and heavier
distillate oils and fuel oils;
    (ii) Any fuel consumed or dispensed on the plant site directly to
users (such as fuels for fleet refueling or for refueling marine
vessels that support the operation of the plant);
    (iii) Hazardous waste;
    (iv) Wastewater;
    (v) Ballast water; or
    (vi) Any non-crude oil or non-condensate liquid with an annual
average true vapor pressure less than 0.7 kilopascals (0.1 psia).
* * * * *

    Pressure relief device means a valve, rupture disk, or similar
device used only to release an unplanned, nonroutine discharge of gas
from process equipment in order to avoid safety hazards or equipment
damage. A pressure relief device discharge can result from an operator
error, a malfunction such as a power failure or equipment failure, or
other unexpected cause. Such devices include conventional, spring-
actuated relief valves, balanced bellows relief valves, pilot-operated
relief valves, rupture disks, and breaking, buckling, or shearing pin
devices.
    Relief valve means a type of pressure relief device that is
designed to re-close after the pressure relief.
* * * * *
    Vapor-tight transport vehicle means a transport vehicle that has
been demonstrated to be vapor-tight. To be considered vapor-tight, a
transport vehicle equipped with vapor collection equipment must undergo
a pressure change of no more than 250 pascals (1 inch of water) within
5 minutes after it is pressurized to 4,500 pascals (18 inches of
water). This capability must be demonstrated annually using the
procedures specified in Method 27 of 40 CFR part 60, appendix A-8. For
all other transport vehicles, vapor tightness is demonstrated by
performing the U.S. DOT pressure test procedures for tank cars and
cargo tanks.
* * * * *

0
22. Table 2 to subpart EEEE of Part 63 is revised to read as follows:

Table 2 to Subpart EEEE of Part 63--Emission Limits

------------------------------------------------------------------------
                                                      Then you must . .
 If you own or operate . . .      And if . . .              .\1\
------------------------------------------------------------------------
1. A storage tank at an       a. The stored         i. Reduce emissions
 existing affected source      organic liquid is     of total organic
 with a capacity >=18.9        not crude oil or      HAP (or, upon
 cubic meters (5,000           condensate and if     approval, TOC) by
 gallons) and <189.3 cubic     the annual average    at least 95 weight-
 meters (50,000 gallons) \2\.  true vapor pressure   percent or, as an
                               of the total Table    option, to an
                               1 organic HAP in      exhaust
                               the stored organic    concentration less
                               liquid is >=27.6      than or equal to 20
                               kilopascals (4.0      ppmv, on a dry
                               psia) and <76.6       basis corrected to
                               kilopascals (11.1     3-percent oxygen
                               psia).                for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air, by
                                                     venting emissions
                                                     through a closed
                                                     vent system to any
                                                     combination of
                                                     control devices
                                                     meeting the
                                                     applicable
                                                     requirements of
                                                     subpart SS of this
                                                     part and Sec.
                                                     63.2346(l); OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, items 1.a,
                                                     1.b, or 1.c for
                                                     tanks storing
                                                     liquids described
                                                     in that table.
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
2. A storage tank at an       a. The stored         i. See the
 existing affected source      organic liquid is     requirement in item
 with a capacity >=189.3       not crude oil or      1.a.i or 1.a.ii of
 cubic meters (50,000          condensate and if     this table.
 gallons).                     the annual average
                               true vapor pressure
                               of the total Table
                               1 organic HAP in
                               the stored organic
                               liquid is <76.6
                               kilopascals (11.1
                               psia).
                              b. The stored         i. See the
                               organic liquid is     requirement in item
                               crude oil or          1.a.i or 1.a.ii of
                               condensate.           this table.
3. A storage tank at a        a. The stored         i. See the
 reconstructed or new          organic liquid is     requirement in item