[Federal Register: July 28, 2006 (Volume 71, Number 145)]
[Rules and Regulations]
[Page 42897-42925]
[DOCID:fr28jy06-6]

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Part II

Environmental Protection Agency

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40 CFR Part 63

National Emission Standards for Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline); Final Rule

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2003-0138; FRL-8202-4]
RIN 2060-AM77

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments; notice of final action on
reconsideration.

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SUMMARY: EPA is promulgating amendments to the national emission
standards for hazardous air pollutants for organic liquids distribution
(non-gasoline) (OLD NESHAP), which EPA promulgated on February 3, 2004.
After promulgation of the final OLD NESHAP, the Administrator received
petitions for administrative reconsideration of the promulgated rule,
and several petitions for judicial review of the final rule were filed
in the United States Court of Appeals for the District of Columbia
Circuit. On November 14, 2005, pursuant to a settlement agreement
between some of the parties to the litigation, EPA published a notice
of proposed amendments to address some of the concerns raised in the
petitions and requested comments on the proposed amendments. In this
action, EPA is promulgating those amendments, adding additional vapor
balancing options, and making technical corrections to the final rule.

DATES: The final rule amendments are effective on July 28, 2006. The
incorporation by reference of certain publications listed in the final
rule is approved by the Director of the Federal Register as of July 28,
2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2003-0138. All documents in the docket are listed either
on the http://www.regulations.gov Web site or in the legacy docket, A-98-13.

Although listed in the index, some information is not publicly
available, e.g., confidential business information or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
http://www.regulations.gov or in hard copy at the Air and Radiation Docket,

EPA/DC, EPA West, Room B-102, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air and Radiation Docket is<PHONE_NUMBER>.
    At this time, the EPA/DC's Public Reading Room is closed until
further notice due to flooding. Fax numbers for Docket offices in the
EPA/DC are temporarily unavailable. EPA visitors are required to show
photographic identification and sign the EPA visitor log. After
processing through the X-ray and magnetometer machines, visitors will
be given an EPA/DC badge that must be visible at all times.
    Informational updates will be provided via the EPA Web site at
http://www.epa.gov/epahome/dockets.htm as they are available.

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Shine, U.S. EPA, Office of
Air Quality Planning and Standards, Sector Policies and Programs
Division, Coatings and Chemicals Group (E143-01), Research Triangle
Park, NC 27711; telephone number:<PHONE_NUMBER>; fax number: (919)
541-0246; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

    Regulated Entities. Categories and entities potentially regulated
by this action include:

------------------------------------------------------------------------
                                 NAICS*
           Category               code    Examples of regulated entities
------------------------------------------------------------------------
Industry.....................     325211  Operations at major sources
                                  325192   that transfer organic liquids
                                  325188   into or out of the plant
                                   32411   site, including: Liquid
                                   49311   storage terminals, crude oil
                                   49319   pipeline stations, petroleum
                                   48611   refineries, chemical
                                   42269   manufacturing facilities, and
                                   42271   other manufacturing
                                           facilities with collocated
                                           OLD operations.
Federal Government...........  .........  Federal agency facilities that
                                           operate any of the types of
                                           entities listed under the
                                           ``industry'' category in this
                                           table.
------------------------------------------------------------------------
* North American Industry Classification System/Considered to be the
  primary industrial codes for the plant sites with OLD operations.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR part 63,
subpart EEEE. If you have any questions regarding the applicability of
this action to a particular entity, consult the individual described in
the preceding FOR FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rule is also available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of the final rule will be posted on the TTN policy and guidance
page for newly proposed or promulgated rules at the following address:
http://www.epa.gov/ttn/oarpg. The TTN provides information and

technology exchange in various areas of air pollution control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of the final rule amendments to the OLD NESHAP
is available by filing a petition for review in the United States Court
of Appeals for the District of Columbia Circuit by September 26, 2006.
Only those objections that were raised with reasonably specificity
during the period for public comment may be raised during judicial
review. Under section 307(b)(2) of the CAA, the requirements that are
the subject of the final rule amendments may not be challenged later in
civil or criminal proceedings brought by EPA to enforce these
requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity

during the period for public comment (including any public hearing) may
be raised during judicial review.'' This section also provides a
mechanism for us to convene a proceeding for reconsideration, ``[i]f
the person raising an objection can demonstrate to the EPA that it was
impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200
Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the
person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT
section, and the Associate General Counsel for the Air and Radiation
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200
Pennsylvania Ave., NW., Washington, DC 20004.
    Organization of this document: The information presented in this
preamble is organized as follows:

I. What Is the Statutory Authority for the Final Rule?
II. Background
III. What Revisions Were Made as a Result of Comments Received on
the Proposed Amendments?
IV. What Are the Responses to Significant Comments?
    A. Compliance Date Extension for All Storage Tanks
    B. Vapor Balancing
    C. Recordkeeping and Reporting for Emissions Sources That Do Not
Require Control
    D. Technical Corrections
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. What Is the Statutory Authority for the Final Rule?

    Section 112 of the CAA requires EPA to list categories and
subcategories of major sources and area sources of hazardous air
pollutants (HAP) and to establish NESHAP for the listed source
categories and subcategories. OLD was listed on July 16, 1992 (57 FR
31576). Major sources of HAP are those that have the potential to emit
at least 10 tons per year (tpy) of any one HAP or 25 tpy of any
combination of HAP.

II. Background

    On February 3, 2004 (69 FR 5063), EPA promulgated the OLD NESHAP
(40 CFR part 63, subpart EEEE) pursuant to section 112 of the CAA. In
response to several petitions for administrative reconsideration of the
OLD NESHAP and several petitions for judicial review filed with the
United States Court of Appeals for the District of Columbia Circuit and
pursuant to a settlement agreement between some of the parties to the
litigation, EPA proposed amendments (November 14, 2005, 70 FR 69210) to
subpart EEEE. EPA received comments from four entities. The final
notice presents EPA's responses to those comments and promulgates
amendments to subpart EEEE in response to the petitions and public
comments.
    As noted in the November 14, 2005, Federal Register notice, EPA
will be taking separate action to address an administrative petition
for reconsideration and a petition for judicial review concerning
wastewater sources that were not addressed in the settlement agreement
that gave rise to the November 14, 2005, proposal.

III. What Revisions Were Made as a Result of Comments Received on the
Proposed Amendments?

    Based on consideration of the comments received on the proposed
amendments, EPA is revising the OLD rule provisions addressing vapor
balancing for transfer racks by providing an additional, equivalent
control option that allows routing of displaced HAP vapors to a storage
tank with a common header. In addition, EPA is adding an option to
allow vapor balancing back to the transport vehicle for storage tanks
when they are being filled with organic liquids. EPA is withdrawing the
proposed amendment that would have allowed vapor balancing transfer
rack emissions to a process unit because this option is already
available through other language. EPA is making additional changes,
which are either technical corrections or clarifications.

IV. What Are the Responses to Significant Comments?

    EPA received four public comment letters on the proposed
amendments. Most of the comments from three of the commenters were
supportive of the proposed amendments, and EPA thanks the commenters
for that support. The following summarizes the comments that sought
changes to the proposed amendments and EPA's response to those
comments.

A. Compliance Date Extension for All Storage Tanks

    Comment: One commenter noted that 40 CFR 63.2342(b)(2) allows
owners and operators of storage tanks with floating roofs up to 10
years or after the next degassing and cleaning activities to comply
with the regulations for such storage tanks. The commenter requested
that this compliance provision be extended to all storage tanks,
because, in their opinion, the emissions produced by emptying and
degassing a tank in order to perform the required alterations would
exceed the cumulative reduction in emissions occurring in the years
following alteration of the tank.
    Response: EPA notes that this comment does not pertain to the
proposed amendments to subpart EEEE in the November 14, 2005, Federal
Register notice. Nevertheless, EPA is responding to this request
because it is important to clarify this issue. This provision (40 CFR
63.2342(b)(2)) is only applicable to storage tanks with floating roofs
and is not applicable to other types of storage tanks (i.e., fixed roof
storage tanks). The compliance date provisions for floating roof tanks
are consistent with similar rules such as the Hazardous Organic NESHAP
(HON). The rationale for allowing extended compliance time for floating
roof tanks (up to 10 years) that must upgrade fittings to comply with
this rule was that the incremental reductions associated with upgrading
controls generally would not exceed the emissions generated as a result
of emptying and degassing. However, this is not the case for fixed roof
tanks that are essentially uncontrolled. Further, the commenter did not
provide substantive information regarding emission potentials and
offsetting cleaning and degassing emission potentials for fixed roof
tanks. Thus, the technical basis for the compliance date provision is
only applicable to storage tanks with floating roofs and not to storage
tanks with fixed roofs. Therefore, EPA is not changing this provision
as requested by the commenter.

B. Vapor Balancing

    Comment: Two commenters requested that 40 CFR 63.2346(b)(3)(i) and
(ii) be revised to allow organic HAP vapors

displaced during loading to be vented to another storage tank connected
by common header in addition to the tank from which the organic HAP
vapor originated or to a process unit, as currently allowed. The
commenters stated that this would afford the same flexibility afforded
in the HON and the Miscellaneous Organic NESHAP.
    Response: EPA agrees that the alternative proposed by the
commenters is both appropriate and applicable to the OLD source
category. The option provides owners and operators flexibility in
meeting the requirements of 40 CFR part 63, subpart EEEE, without
sacrificing the level of emission reductions being achieved. Further,
making this change would provide consistency between similar emission
sources being controlled under similar rules. Therefore, EPA has
revised the rule to incorporate this option for vapor balancing for
transfer racks.
    In addition, other rules (e.g., see 40 CFR 63.119(g) of the HON)
allow an owner or operator to route emissions from the filing of
storage tanks back to the transport vehicle from which the organic
liquid originates. EPA has determined that, like vapor balancing
through a common header, the inclusion of this vapor balancing option
for storage tanks when they are being filled provides both consistency
between the OLD rule and other similar subparts and flexibility to
owners and operators without sacrificing emission reduction. Further,
because some of the transport vehicles to which vapors are returned are
refilled offsite, EPA has included requirements for such offsite
facilities. Therefore, EPA has added this provision, along with the
necessary requirements for initial and continuous compliance and for
keeping records.
    Finally, EPA is withdrawing the proposed amendment that would have
allowed vapor balancing transfer rack emissions back to a process unit.
In the final rule, transfer racks may be routed back to a process (see
40 CFR 63.2346(b)(2)). As part of the proposed amendments (see 40 CFR
63.2346(b)(3)(i) and 40 CFR 63.2346(b)(3)(ii)), vapor balancing these
emissions back to a process unit was proposed. Upon further
consideration, both options essentially describe one single practice,
and therefore, EPA recognizes that it is not necessary for the final
rule to contain both options; that 40 CFR 63.2346(b)(2) of the final
rule is sufficient. Therefore, EPA is withdrawing the proposed vapor
balancing of transfer racks back to a process unit. No changes have
been made concerning the use of vapor balancing transfer rack emissions
back to the storage tank from which the liquid originated.
    We also would like to address the provisions of 40 CFR 63.2378(d),
which allow emissions bypasses of fuel gas systems or the process for
up to 240 hours per year. These provisions allow bypassing that is
necessary for valid safety or operational reasons but are only
applicable if emissions are routinely physically vented to fuel gas
systems or the process. This means that the owner or operator can not
use the language of 40 CFR 63.2378(d) to exempt a transfer rack that is
used for less than 240 hours per year from control requirements.

C. Recordkeeping and Reporting for Emissions Sources That Do Not
Require Control

    Comment: One commenter requested that the recordkeeping
requirements proposed in 40 CFR 63.2343(a) for tanks under 5,000
gallons capacity and for transfer racks that only unload organic
liquids be eliminated in their entirety. The commenter stated that such
recordkeeping and reporting requirements for these sources impose
unnecessary administrative requirements on facilities. The commenter
fails to see the benefit in keeping records for tanks that physically
cannot change in size or for unloading racks that only unload certain
materials.
    Response: Addressing storage tanks first, EPA points out that
owners and operators of facilities subject to 40 CFR part 63, subpart
EEEE will have to make a determination as to which storage tanks are
storing organic liquids subject to subpart EEEE and which are not. If a
storage tank is storing an organic liquid subject to subpart EEEE, the
tank is subject to subpart EEEE. For storage tanks subject to subpart
EEEE, the owner or operator would then identify the capacity of each
tank in order to identify those that are less than 5,000 gallons in
capacity and which do not require control. Proposed 40 CFR 63.2343(a)
only applies to those tanks that are storing an organic liquid subject
to subpart EEEE and with capacities of less than 5,000 gallons. This
applicability is stated clearly in proposed 40 CFR 63.2343(a) (emphasis
added):

    (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 paragraph (a) of this section
is not required to be controlled.

    Proposed 40 CFR 63.2343(a) requires only that the owner or operator
keep a record of the size determination; that is, by virtue of having a
capacity of less than 5,000 gallons, the storage tank is not required
to be controlled. The proposed paragraph does not apply to: (1) Storage
tanks storing a liquid that is not an organic liquid and (2) storage
tanks storing an organic liquid that is not subject to 40 CFR part 63,
subpart EEEE.
    As correctly pointed out by the commenter, storage tanks do not
change in size. Therefore, there would be no further effort required on
the part of the owner or operator to document that the storage tank is
not subject to control; that is, the original determination is
sufficient.
    Proposed 40 CFR 63.2343(a) also required that the documentation by
kept up-to-date:

    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.

    EPA points out that in explaining what is meant by ``up-to-date,''
the phrase ``all such emission sources at a facility'' is used. Within
the context of the entire paragraph, this phrase unambiguously refers
back to those storage tanks for which the documentation under 40 CFR
63.2343(a)(1) is being requested; that is, storage tanks subject to 40
CFR part 63, subpart EEEE, which are storage tanks storing organic
liquids subject to subpart EEEE. EPA does not believe it necessary to
revise the regulatory text to further clarify the phrase ``all such
emission sources at a facility.'' This phrase does not apply to either
storage tanks storing liquids that are not organic liquids or to
storage tanks storing organic liquids that are not subject to subpart
EEEE. To better identify the type of documentation that is acceptable,
EPA has revised 40 CFR 63.2343(a) to allow the use of piping and
instrumentation diagrams (P&ID) to identify tanks (and transfer racks)
subject to 40 CFR 63.2343(a).
    EPA reemphasizes that proposed 40 CFR 63.2343(a) only applies to
storage tanks storing an organic liquid subject to 40 CFR part 63,
subpart EEEE. If a facility has storage tanks of less than 5,000 gallon
capacity, but those storage tanks do not store organic liquids (as
defined in subpart EEEE), then there are no recordkeeping requirements
for those tanks under 40 CFR 63.2343(a)(1) or

under any other part of subpart EEEE. Furthermore, there are no
recordkeeping requirements under subpart EEEE for storage tanks of any
size that either do not store and organic liquid or for storage tanks
storing organic liquids that are not subject to subpart EEEE.
    EPA further points out that 40 CFR 63.10(b)(3) of subpart A (the
General Provisions) does not impose any recordkeeping requirements
under the OLD maximum achievable control technology (MACT) for storage
tanks that are not storing organic liquids and, therefore, not part of
the OLD source category. The determination of applicability of 40 CFR
63.10(b)(3) applies to stationary sources that are part of the source
category, but that are not subject to the relevant standard, in this
case 40 CFR part 63, subpart EEEE, based on either the source's
potential to emit or a specific exclusion in the subpart. In the case
of the commenter, their OLD operation is located at a major source of
HAP and there are no exclusions in subpart EEEE applicable to it;
therefore, their OLD operation is an affected source subject to subpart
EEEE. Once this determination is made, there is no applicability of 40
CFR 63.10(b)(3) to the OLD affected source.
    For other storage tanks located at their plant site that do not
store organic liquids and, therefore, are not part of the OLD affected
source, 40 CFR 63.10(b)(3) imposes no recordkeeping requirements, for
the purposes of the OLD rule, on those storage tanks or the source to
which they belong.
    EPA clarified this in the preamble to the March 23, 2001, proposed
amendments to the General Provisions at 66 FR 16330. We state

    The current General Provisions include a requirement at
63.10(b)(3) for a source both to determine applicability and to keep
a record of their determination if the source determines that it is
not an affected source for a relevant standard. [A]n unintended
interpretation of the General Provisions could be to require owners
and operators of any source, including facilities not in the source
category being regulated, to perform applicability determinations
each time any NESHAP are promulgated. It was not our intent that the
General Provisions require owners and operators to make a
determination that they are not subject to every NESHAP that is
issued.

    For transfer racks, a situation similar to storage tanks exists.
Only transfer racks loading or unloading organic liquids that are
subject to 40 CFR part 63, subpart EEEE are affected; loading racks
that load or unload only non-organic liquids (or organic liquids not
subject to subpart EEEE) are not affected. For those racks that only
unload organic liquids subject to subpart EEEE, owners and operators
must make the initial determination that the rack only unloads such
organic liquids, and then must keep a record of that determination. As
long as such racks do not begin to load organic liquids subject to
subpart EEEE, no further effort, beyond keeping the record readily
available and up-to-date, is required on the part of the owner or
operator to document that the transfer rack only unloads organic
liquids subject to subpart EEEE.
    Finally, EPA believes that maintaining these basic determinations
in the form of a record, both for storage tanks with capacities of less
than 5,000 gallons and for transfer racks that only unload organic
liquids, will facilitate the time and effort an inspector would expend
during an inspection of a facility and the time and effort the source
would expend recreating these determinations each time they were asked.
    For these reasons, EPA has not revised the proposed rule language
associated with these storage tanks and transfer racks, except for the
allowance of P&ID to identify such storage tanks and transfer racks.
    Comment: One commenter requested that the recordkeeping and
reporting requirements proposed in 40 CFR 63.2343 for storage tanks
with capacities equal to or greater than 5,000 gallons that do not
require control be eliminated. The commenter stated that such
requirements impose an administrative burden with no environmental
benefit. The commenter suggested that the more appropriate way to
address these tanks is to require the owner or operator of such tanks
to notify the State permitting authority at the point in time when such
tanks trigger control requirements under Table 2 of 40 CFR part 63,
subpart EEEE. The commenter recommended that EPA apply the same
approach used in the Engine Testing MACT (40 CFR 63.9290). In the
Engine Testing MACT, a source that is exclusively used for testing
internal combustion engines of less than 25 horsepower is required only
to submit an initial notification, meeting the requirements in the
General Provisions. The initial notification for these sources also
must state that the source has no additional requirements, including a
brief explanation of the basis of the exclusion. No other reporting,
recordkeeping, or notification requirements, including submission of
startup, shutdown, and malfunction plans and compliance demonstrations,
apply to sources that do not have to comply with emission limitations.
According to the commenter, EPA should apply this same approach to
sources that are not subject to controls under subpart EEEE.
    Response: As noted in the previous response, the requirements in
proposed 40 CFR 63.2343(b) only apply to storage tanks storing organic
liquids subject to 40 CFR part 63, subpart EEEE. Further, an owner or
operator would have to make an initial determination as to whether
these larger storage tanks contain organic liquids with vapor pressures
that trigger the control requirements. As long as the liquid in the
tank did not change, no further action is required on the part of the
owner or operator, beyond keeping the record readily available and up-
to-date. If the owner or operator changes the liquids stored in such
tanks, however, the owner or operator is required to make a
determination as to whether or not the vapor pressure of the new liquid
being stored is sufficient to require control and maintain a record of
that determination, even if control is still not required.
    EPA continues to believe that keeping a record of such information
is important to allow an inspector to determine compliance with the OLD
rule. Therefore, EPA has not revised this requirement in the final
rule.

D. Technical Corrections and Clarifying Changes

    EPA is making the following technical corrections and
clarifications to the final rule:
    1. The cross-reference to 40 CFR 63.2382(b) found in 40 CFR
63.2370(c) is incorrect. The correct cross-reference is 40 CFR
63.2382(d).
    2. Item 1.b in Table 5 to 40 CFR part 63, subpart EEEE references
the emission limit of ``at least 95 weight percent.'' This limit is
applicable to storage tanks only. The applicable limit for transfer
racks (both low throughput and high throughput racks) is ``at least 98
weight percent.'' EPA has revised the final rule to reflect
accordingly.
    3. In table 12 to 40 CFR part 63, subpart EEEE, 40 CFR 63.6(h)(1)
through (7) are indicated as being not applicable to subpart EEEE,
while 40 CFR 63.6(h)(8) and CFR 63.6(h)(9) are indicated as being
applicable. 40 CFR 63.6(h) applies to opacity and visible emission
standards. Upon closer examination of this apparent inconsistency, EPA
has determined that all of 40 CFR 63.6(h) is not applicable, except to
the extent that Method 22 observations are required as part of a flare
compliance assessment. Therefore, EPA has revised the applicability of
40 CFR 63.6(h) to read as follows:

    ``No; except only as it applies to flares for which Method 22
observations are required as part of a flare compliance assessment.''
    4. We are deleting methyl ethyl ketone (MEK) from Table 1 because
MEK has been delisted by the Agency as a HAP.
    5. We are correcting the cross-reference in 40 CFR 63.2346(a) for
storage tanks meeting the tank capacity and liquid vapor pressure
criteria for control in Table 2, item 6. The final rule referenced
compliance with paragraph (a)(1) when it should have referenced
compliance with either paragraphs (a)(1) or (a)(2).
    6. We are revising the phrasing in 40 CFR 63.2354(a)(3) to clarify
that performance evaluations for continuous monitoring systems (CMS)
are only currently required for continuous emission monitoring systems.
The requirements of 40 CFR 63.8 only apply if there are promulgated
performance specifications for CMS, including continuous parameter
monitoring systems. Currently, there are no performance specifications
for the continuous parameter monitoring systems that are identified in
40 CFR part 63, subpart SS, which this subpart references. However,
performance specifications for parameter monitoring systems are
expected to be proposed in the future. When developing these
performance specifications, the Agency will consider their application
to OLD and other similar rules. For consistency, we have also clarified
the applicability of CMS provisions contained in the General
Provisions, 40 CFR 63.8(c)(6)-(8), (d), and (f).
    7. We have added a new paragraph, 40 CFR 63.2396(e)(2), to clarify
the relationship between the recordkeeping and reporting requirements
of this subpart and the recordkeeping and reporting requirements for
equipment leak components associated with unloading racks under other
subparts. The new paragraph clarifies that such equipment leak
components must be in compliance with this subpart EEEE. However, if
the recordkeeping and reporting requirements of the other 40 CFR part
63 subpart are equivalent to those required by this subpart EEEE, the
owner or operator may elect to continue to comply with the
recordkeeping and reporting requirements under which they are currently
being controlled and be considered in compliance with this subpart
EEEE. This new paragraph parallels the similar relationship in the
final rule provided for monitoring, recordkeeping, and reporting for
control devices.
    8. We have revised the definition of ``annual average true vapor
pressure'' to clarify that the vapor pressure is to be based on organic
HAP that are listed in Table 1 to this subpart EEEE.
    9. We have corrected an incorrect cross-reference in the second
column of Item 8 in Table 3 of this subpart EEEE. The incorrect cross-
reference, 40 CFR 63.2366(c), does not exist. The correct cross-
reference is 40 CFR 63.2366(b).
    10. We corrected the last column of item 1.b in Table 5 and the
third column of items 1 and 2 of Table 6 of this subpart EEEE by adding
the phrase ``for nonflare combustion devices'' to the option of 20
parts per million by volume exhaust concentration. This phrase was
inadvertently omitted and makes these items consistent with item
1.a.i.(5)(A)(ii) in Table 5 of this subpart EEEE.
    11. We are making the description in item 2 in Table 11 of this
subpart EEEE consistent with the General Provisions' language that
requires an immediate notification when an exceedance of an applicable
emission standard occurs during a startup, shutdown, or malfunction
episode. The language in the rule as promulgated did not reference the
exceedance of an applicable emission standard for determining when an
immediate notification was required.
    12. We are correcting in Table 12 of this subpart EEEE how 40 CFR
63.9(j) applies to this subpart EEEE. The types of changes that 40 CFR
63.9(j) requires to be reported are covered in subpart EEEE in 40 CFR
63.2386(c) and (d). In these paragraphs, these changes would be
submitted with the next compliance report. Thus, the requirement to
submit these changes within 15 days after the change is not applicable
to this subpart EEEE. The change in Table 12 reflects this.
    13. We are revising Sec.  63.2350(c) to be consistent with 40 CFR
63.6(e)(3), which requires the development of a startup, shutdown, and
malfunction plan. The revised language, therefore, drops the phrase
``and implement.'' An owner or operator is still required, under 40 CFR
63.6(e)(1), to minimize emissions during a period of startup, shutdown,
or malfunction; thus there is no change in the stringency of the final
rule.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order. EPA has submitted this action to
OMB for review. Changes made in response to OMB suggestions or
recommendations will be documented in the public record.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The final rule required owners and operators to list sources not
subject to control in the first and subsequent compliance reports and
to keep appropriate documentation. The final rule applied these
requirements across-the-board for all emission sources not requiring
control and, in general, was not specific as to what recordkeeping is
required. Under the final rule amendments, we clarify how these
provisions would apply to those emission sources for which control
would never be required and to those emission sources for which control
could be required, but is not currently required. In addition, we
identify the specific circumstances under which listing in subsequent
compliance reports would be required for sources for which control is
not required rather than requiring all previously identified sources to
be re-listed. Further, we narrow the applicability of certain sections
of the General Provisions for sources for which control is not required
because the proposed amendments make such application of those sections
in the General Provisions unnecessary. Thus, in sum, the final rule
amendments are

not adding new information collection burden. However, OMB has
previously approved the information collection requirements contained
in the existing regulations at 40 CFR part 63, subpart EEEE under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and
has assigned OMB control number 2060-0539, EPA Information Collection
Request (ICR) number 1963.02. A copy of the OMB approved ICR may be
obtained from Susan Auby, Collection Strategies Division; U.S. EPA
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by
calling<PHONE_NUMBER>.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with the final rule amendments.
    For purposes of assessing the impacts of the final rule amendments
on small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of the final rule amendments
on small entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603
and 604. Thus, an agency may conclude that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule.
    The final rule amendments will not impose any new requirements on
small entities, and will reduce some of the burden established under
the promulgated rule. The final rule amendments will relieve regulatory
burden by, for example, exempting all emission sources in the affected
source not requiring control under the OLD NESHAP from notification,
recordkeeping, and reporting requirements, except as otherwise
specified for all affected small entities; excluding from the affected
source storage tanks, transfer racks, transport vehicles, containers,
and equipment leak components when used in special operations and to
conduct maintenance activities; and allowing owners or operators of
existing sources to request a compliance extension of up to 1 year if
the additional time is necessary for the installation of controls. We
have therefore concluded that today's final rule will relieve
regulatory burden for all affected small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that the final rule amendments do not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. Thus, the final rule amendments are not
subject to the requirements of section 202 and 205 of the UMRA. In
addition, the final rule amendments contain no regulatory requirements
that might significantly or uniquely affect small governments because
they contain no requirements that apply to such governments or impose
obligations upon them. Therefore, the final rule amendments are not
subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that 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.''
    The final rule amendments do not have federalism implications. They
will not have new substantial direct effects on the States, on the
relationship between the national government and

the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order
13132. They correct typographical errors, clarify provisions, or
eliminate unnecessary recordkeeping and reporting requirements for
emission sources for which there are no control requirements. These
changes do not modify existing or create new responsibilities among EPA
Regional Offices, States, or local enforcement agencies. Thus,
Executive Order 13132 does not apply to the final rule amendments.

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

    Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The final rule amendments do not have
tribal implications as specified in Executive Order 13175. They will
not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to the final rule
amendments.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The final rule amendments
are not subject to Executive Order 13045 because it is based on
technology performance and not on health or safety risks.

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

    The final rule amendments are not a ``significant energy action''
as defined in Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because they are not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this rule is not likely to have any adverse
energy effects.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act (NTTAA) of 1995, Public Law
104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards (VCS) in its regulatory activities unless to do so
would be inconsistent with applicable law or otherwise impractical. VCS
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
    The final rule amendments involve a technical standard. EPA has
decided to use ASTM D6420-99 (reapproved 2004), Standard Test Method
for Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography-Mass Spectrometry, as an alternative to Method 18. This
method allows the use of ASTM D6420-99 (Reapproved 2004) as an
alternative to Method 18 to determine compliance with the organic HAP
or total organic compounds emission limit under certain circumstances.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing the
final rule amendments and other required information to the United
States Senate, the United States House of Representatives, and the
Comptroller General of the United States prior to publication of the
final rule in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final
rule will be effective on July 28, 2006.

List of Subjects in 40 CFR Part 63

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

    Dated: July 18, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I, part 63
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

0
2. Section 63.14 is amended by revising paragraph (b)(28) to read as
follows:

Sec.  63.14  Incorporations by reference.

* * * * *
    (b) * * *
    (28) ASTM D6420-99 (Reapproved 2004), Standard Test Method for
Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography-Mass Spectrometry, IBR approved for Sec. Sec.
63.2354(b)(3)(i), 63.2354(b)(3)(ii), 63.2354(b)(3)(ii)(A), and
63.2354(b)(3)(ii)(B).
* * * * *

Subpart EEEE--[Amended]

0
3. Section 63.2338 is amended by:
0
a. Revising paragraphs (b)(3) and (b)(4);
0
b. Adding a new paragraph (b)(5);
0
c. Revising paragraph (c)(1);
0
d. Removing paragraph (c)(2) and redesignating paragraphs (c)(3) and
(c)(4) as (c)(2) and (c)(3), respectively; and
0
e. Revising newly designated paragraphs (c)(2) and (c)(3) to read as
follows:

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

* * * * *
    (b) * * *

    (3) All equipment leak components in organic liquids service that
are associated with:
    (i) Storage tanks storing organic liquids;
    (ii) Transfer racks loading or unloading organic liquids;
    (iii) Pipelines that transfer organic liquids directly between two
storage tanks that are subject to this subpart;
    (iv) Pipelines that transfer organic liquids directly between a
storage tank subject to this subpart and a transfer rack subject to
this subpart; and
    (v) Pipelines that transfer organic liquids directly between two
transfer racks that are subject to this subpart.
    (4) All transport vehicles while they are loading or unloading
organic liquids at transfer racks subject to this subpart.
    (5) All containers while they are loading or unloading organic
liquids at transfer racks subject to this subpart.
    (c) * * *
    (1) Storage tanks, transfer racks, transport vehicles, containers,
and equipment leak components that are part of an affected source under
another 40 CFR part 63 national emission standards for hazardous air
pollutants (NESHAP).
    (2) Non-permanent storage tanks, transfer racks, transport
vehicles, containers, and equipment leak components when used in
special situation distribution loading and unloading operations (such
as maintenance or upset liquids management).
    (3) Storage tanks, transfer racks, transport vehicles, containers,
and equipment leak components when used to conduct maintenance
activities, such as stormwater management, liquid removal from tanks
for inspections and maintenance, or changeovers to a different liquid
stored in a storage tank.
* * * * *

0
4. Section 63.2342 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Adding paragraph (a)(3);
0
c. Revising paragraph (b)(1);
0
d. Adding paragraph (b)(3); and
0
e. Revising paragraph (d) to read as follows:

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

    (a) If you have a new or reconstructed affected source, you must
comply with this subpart according to the schedule identified in
paragraph (a)(1), (a)(2), or (a)(3) of this section, as applicable.
* * * * *
    (3) If, after startup of a new affected source, the total actual
annual facility-level organic liquid loading volume at that source
exceeds the criteria for control in Table 2 to this subpart, items 9
and 10, the owner or operator must comply with the transfer rack
requirements specified in Sec.  63.2346(b) immediately; that is, be in
compliance the first day of the period following the end of the 3-year
period triggering the control criteria.
    (b)(1) If you have an existing affected source, you must comply
with the emission limitations, operating limits, and work practice
standards for existing affected sources no later than February 5, 2007,
except as provided in paragraphs (b)(2) and (3) of this section.
* * * * *
    (3)(i) If an addition or change other than reconstruction as
defined in Sec.  63.2 is made to an existing affected facility that
causes the total actual annual facility-level organic liquid loading
volume to exceed the criteria for control in Table 2 to this subpart,
items 7 and 8, the owner or operator must comply with the transfer rack
requirements specified in Sec.  63.2346(b) immediately; that is, be in
compliance the first day of the period following the end of the 3-year
period triggering the control criteria.
    (ii) If the owner or operator believes that compliance with the
transfer rack emission limits cannot be achieved immediately, as
specified in paragraph (b)(3)(i) of this section, the owner or operator
may submit a request for a compliance extension, as specified in
paragraphs (b)(3)(ii)(A) through (I) of this section. Subject to
paragraph (b)(3)(ii)(B) of this section, until an extension of
compliance has been granted by the Administrator (or a State with an
approved permit program) under this paragraph (b)(3)(ii), the owner or
operator of the transfer rack subject to the requirements of this
section shall comply with all applicable requirements of this subpart.
Advice on requesting an extension of compliance may be obtained from
the Administrator (or the State with an approved permit program).
    (A) Submittal. The owner or operator shall submit a request for a
compliance extension to the Administrator (or a State, when the State
has an approved 40 CFR part 70 permit program and the source is
required to obtain a 40 CFR part 70 permit under that program, or a
State, when the State has been delegated the authority to implement and
enforce the emission standard for that source) seeking an extension
allowing the source up to 1 additional year to comply with the transfer
rack standard, if such additional period is necessary for the
installation of controls. The owner or operator of the affected source
who has requested an extension of compliance under this paragraph
(b)(3)(ii)(A) and who is otherwise required to obtain a title V permit
shall apply for such permit, or apply to have the source's title V
permit revised to incorporate the conditions of the extension of
compliance. The conditions of an extension of compliance granted under
this paragraph (b)(3)(ii)(A) will be incorporated into the affected
source's title V permit according to the provisions of 40 CFR part 70
or Federal title V regulations in this chapter (42 U.S.C. 7661),
whichever are applicable.
    (B) When to submit. (1) Any request submitted under paragraph
(b)(3)(ii)(A) of this section must be submitted in writing to the
appropriate authority no later than 120 days prior to the affected
source's compliance date (as specified in paragraph (b)(3)(i) of this
section), except as provided for in paragraph (b)(3)(ii)(B)(2) of this
section. Nonfrivolous requests submitted under this paragraph
(b)(3)(ii)(B)(1) will stay the applicability of the rule as to the
emission points in question until such time as the request is granted
or denied. A denial will be effective as of the date of denial.
    (2) An owner or operator may submit a compliance extension request
after the date specified in paragraph (b)(3)(ii)(B)(1) of this section
provided the need for the compliance extension arose after that date,
and before the otherwise applicable compliance date and the need arose
due to circumstances beyond reasonable control of the owner or
operator. This request must include, in addition to the information
required in paragraph (b)(3)(ii)(C) of this section, a statement of the
reasons additional time is needed and the date when the owner or
operator first learned of the problems. Nonfrivolous requests submitted
under this paragraph (b)(3)(ii)(B)(2) will stay the applicability of
the rule as to the emission points in question until such time as the
request is granted or denied. A denial will be effective as of the
original compliance date.
    (C) Information required. The request for a compliance extension
under paragraph (b)(3)(ii)(A) of this section shall include the
following information:
    (1) The name and address of the owner or operator and the address
of the existing source if it differs from the address of the owner or
operator;
    (2) The name, address, and telephone number of a contact person for
further information;
    (3) An identification of the organic liquid distribution operation
and of the

specific equipment for which additional compliance time is required;
    (4) A description of the controls to be installed to comply with
the standard;
    (5) Justification for the length of time being requested; and
    (6) A compliance schedule, including the date by which each step
toward compliance will be reached. At a minimum, the list of dates
shall include:
    (i) The date by which on-site construction, installation of
emission control equipment, or a process change is planned to be
initiated;
    (ii) The date by which on-site construction, installation of
emission control equipment, or a process change is to be completed; and
    (iii) The date by which final compliance is to be achieved.
    (D) Approval of request for extension of compliance. Based on the
information provided in any request made under paragraph (b)(3)(ii)(C)
of this section, or other information, the Administrator (or the State
with an approved permit program) may grant an extension of compliance
with the transfer rack emission standard, as specified in paragraph
(b)(3)(ii) of this section. The extension will be in writing and will--
    (1) Identify each affected source covered by the extension;
    (2) Specify the termination date of the extension;
    (3) Specify the dates by which steps toward compliance are to be
taken, if appropriate;
    (4) Specify other applicable requirements to which the compliance
extension applies (e.g., performance tests);
    (5) Specify the contents of the progress reports to be submitted
and the dates by which such reports are to be submitted, if required
pursuant to paragraph (b)(3)(ii)(E) of this section.
    (6) Under paragraph (b)(3)(ii) of this section, specify any
additional conditions that the Administrator (or the State) deems
necessary to assure installation of the necessary controls and
protection of the health of persons during the extension period.
    (E) Progress reports. The owner or operator of an existing source
that has been granted an extension of compliance under paragraph
(b)(3)(ii)(D) of this section may be required to submit to the
Administrator (or the State with an approved permit program) progress
reports indicating whether the steps toward compliance outlined in the
compliance schedule have been reached.
    (F) Notification of approval or intention to deny.
    (1) The Administrator (or the State with an approved permit
program) will notify the owner or operator in writing of approval or
intention to deny approval of a request for an extension of compliance
within 30 calendar days after receipt of sufficient information to
evaluate a request submitted under paragraph (b)(3)(ii) of this
section. The Administrator (or the State) will notify the owner or
operator in writing of the status of his/her application; that is,
whether the application contains sufficient information to make a
determination, within 30 calendar days after receipt of the original
application and within 30 calendar days after receipt of any
supplementary information that is submitted. The 30-day approval or
denial period will begin after the owner or operator has been notified
in writing that his/her application is complete. Failure by the
Administrator to act within 30 calendar days to approve or disapprove a
request submitted under paragraph (b)(3)(ii) of this section does not
constitute automatic approval of the request.
    (2) When notifying the owner or operator that his/her application
is not complete, the Administrator will specify the information needed
to complete the application and provide notice of opportunity for the
applicant to present, in writing, within 30 calendar days after he/she
is notified of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
    (3) Before denying any request for an extension of compliance, the
Administrator (or the State with an approved permit program) will
notify the owner or operator in writing of the Administrator's (or the
State's) intention to issue the denial, together with:
    (i) Notice of the information and findings on which the intended
denial is based; and
    (ii) Notice of opportunity for the owner or operator to present in
writing, within 15 calendar days after he/she is notified of the
intended denial, additional information or arguments to the
Administrator (or the State) before further action on the request.
    (4) The Administrator's final determination to deny any request for
an extension will be in writing and will set forth the specific grounds
on which the denial is based. The final determination will be made
within 30 calendar days after presentation of additional information or
argument (if the application is complete), or within 30 calendar days
after the final date specified for the presentation if no presentation
is made.
    (G) Termination of extension of compliance. The Administrator (or
the State with an approved permit program) may terminate an extension
of compliance at an earlier date than specified if any specification
under paragraph (b)(3)(ii)(D)(3) or paragraph (b)(3)(ii)(D)(4) of this
section is not met. Upon a determination to terminate, the
Administrator will notify, in writing, the owner or operator of the
Administrator's determination to terminate, together with:
    (1) Notice of the reason for termination; and
    (2) Notice of opportunity for the owner or operator to present in
writing, within 15 calendar days after he/she is notified of the
determination to terminate, additional information or arguments to the
Administrator before further action on the termination.
    (3) A final determination to terminate an extension of compliance
will be in writing and will set forth the specific grounds on which the
termination is based. The final determination will be made within 30
calendar days after presentation of additional information or
arguments, or within 30 calendar days after the final date specified
for the presentation if no presentation is made.
    (H) The granting of an extension under this section shall not
abrogate the Administrator's authority under section 114 of the CAA.
    (I) Limitation on use of compliance extension. The owner or
operator may request an extension of compliance under the provisions
specified in paragraph (b)(3)(ii) of this section only once for each
facility.
* * * * *
    (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 (3) 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.

0
5. Section 63.2343 is added to subpart EEEE to 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 paragraphs
(a) through (e) of Sec.  63.2346). 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 paragraph (a) of this section is not required to be
controlled. The documentation must be kept up-to-date (i.e., all such
emission sources at a facility are identified in the documentation
regardless of when the documentation was last compiled) and must be in
a form suitable and readily available for expeditious inspection and
review according to Sec.  63.10(b)(1), including records stored in
electronic form in a separate location. The documentation may consist
of identification of the tanks and transfer racks identified in
paragraph (a) of this section on a plant site plan or process and
instrumentation diagram (P&ID).
    (b) 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.
    (1)(i) You must submit the information in Sec.  63.2386(c)(1), (2),
(3), and (10)(i) in either the Notification of Compliance Status,
according to the schedule specified in Table 12 to this subpart, or in
your first Compliance report, according to the schedule specified in
Sec.  63.2386(b), whichever occurs first.
    (ii)(A) If you submit your first Compliance report before your
Notification of Compliance Status, the Notification of Compliance
Status must contain the information specified in Sec.  63.2386(d)(3)
and (4) if any of the changes identified in paragraph (d) of this
section have occurred since the filing of the first Compliance report.
If none of the changes identified in paragraph (d) of this section have
occurred since the filing of the first Compliance report, you do not
need to report the information specified in Sec.  63.2386(c)(10)(i)
when you submit your Notification of Compliance Status.
    (B) If you submit your Notification of Compliance Status before
your first Compliance report, your first Compliance report must contain
the information specified in Sec.  63.2386(d)(3) and (4) if any of the
changes specified in paragraph (d) of this section have occurred since
the filing of the Notification of Compliance Status.
    (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 storage tank that meets the conditions
identified in paragraph (b) of this section (i.e., a single
Notification of Compliance Status or first Compliance report should be
submitted).
    (2)(i) You must submit a subsequent Compliance report according to
the schedule in Sec.  63.2386(b) whenever any of the events in
paragraph (d) of this section occur, as applicable.
    (ii) Your subsequent Compliance reports must contain the
information in Sec.  63.2386(c)(1), (2), (3) and, as applicable, in
Sec.  63.2386(d)(3) and (4). If you are already submitting a subsequent
Compliance report under Sec.  63.2386(d), you do not need to submit a
separate subsequent Compliance report for each storage tank that meets
the conditions identified in paragraph (b) of this section (i.e., a
single subsequent Compliance report should be submitted).
    (3) For each storage tank that meets the conditions identified in
paragraph (b) of this section, you must keep documentation, including a
record of the annual average true vapor pressure of the total Table 1
organic HAP in the stored organic liquid, that verifies the storage
tank is not required to be controlled under this subpart. The
documentation must be kept up-to-date 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.
    (c) For each transfer rack subject to this subpart that loads
organic liquids but is not subject to control based on the criteria
specified in Table 2 to this subpart, items 7 through 10, you must
comply with the requirements specified in paragraphs (c)(1) through (3)
of this section.
    (1)(i) You must submit the information in Sec.  63.2386(c)(1), (2),
(3), and (10)(i) in either the Notification of Compliance Status,
according to the schedule specified in Table 12 to this subpart, or a
first Compliance report, according to the schedule specified in Sec.
63.2386(b), whichever occurs first.
    (ii)(A) If you submit your first Compliance report before your
Notification of Compliance Status, the Notification of Compliance
Status must contain the information specified in Sec.  63.2386(d)(3)
and (4) if any of the changes identified in paragraph (d) of this
section have occurred since the filing of the first Compliance report.
If none of the changes identified in paragraph (d) of this section have
occurred since the filing of the first Compliance report, you do not
need to report the information specified in Sec.  63.2386(c)(10)(i)
when you submit your Notification of Compliance Status.
    (B) If you submit your Notification of Compliance Status before
your first Compliance report, your first Compliance report must contain
the information specified in Sec.  63.2386(d)(3) and (4) if any of the
changes specified in paragraph (d) of this section have occurred since
the filing of the Notification of Compliance Status.
    (iii) If you are already submitting a Notification of Compliance
Status or a first Compliance report under Sec.  63.2386(c), you do not
need to submit a separate Notification of Compliance Status or first
Compliance report for each transfer rack that meets the conditions
identified in paragraph (b) of this section (i.e., a single
Notification of Compliance Status or first Compliance report should be
submitted).
    (2)(i) You must submit a subsequent Compliance report according to
the schedule in Sec.  63.2386(b) whenever any of the events in
paragraph (d) of this section occur, as applicable.
    (ii) Your subsequent Compliance reports must contain the
information in Sec.  63.2386(c)(1), (2), (3) and, as applicable, in
Sec.  63.2386(d)(3) and (4). If you are already submitting a subsequent
Compliance report under Sec.  63.2386(d), you do not need to submit a
separate subsequent Compliance report for each transfer rack that meets
the conditions identified in paragraph (c) of this section (i.e., a
single subsequent Compliance report should be submitted).
    (3) For each transfer rack that meets the conditions identified in
paragraph (c) of this section, you must keep documentation, including
the records specified in Sec.  63.2390(d), that verifies the transfer
rack is not required to be controlled under this subpart. The
documentation must be kept up-to-date 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.
    (d) If one or more of the events identified in paragraphs (d)(1)
through (4) of this section occur since the filing of the Notification
of Compliance Status or the last Compliance report, you must submit a
subsequent Compliance report as specified in paragraphs (b)(3) and
(c)(3) of this section.
    (1) Any storage tank or transfer rack became subject to control
under this subpart EEEE; or
    (2) Any storage tank equal to or greater than 18.9 cubic meters
(5,000

gallons) became part of the affected source but is not subject to any
of the emission limitations, operating limits, or work practice
standards of this subpart; or
    (3) Any transfer rack (except those racks at which only unloading
of organic liquids occurs) became part of the affected source; or
    (4) Any of the information required in Sec.  63.2386(c)(1), Sec.
63.2386(c)(2), or Sec.  63.2386(c)(3) has changed.

0
6. Section 63.2346 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising paragraph (a)(2);
0
c. Adding a new paragraph (a)(4);
0
d. Revising paragraph (b) introductory text;
0
e. Revising paragraph (b)(2);
0
f. Revising paragraph (b)(3);
0
g. Revising paragraph (d) introductory text;
0
h. Revising paragraph (e); and
0
i. Removing and reserving paragraph (h) to read as follows:

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

    (a) Storage tanks. 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), (a)(2), (a)(3), or (a)(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), (a)(2), or
(a)(4) of this section.
* * * * *
    (2) Route emissions to fuel gas systems or back into a process as
specified in 40 CFR part 63, subpart SS.
* * * * *
    (4) Use a vapor balancing system that complies with the
requirements specified in paragraphs (a)(4)(i) through (vii) of this
section and with the recordkeeping requirements specified in Sec.
63.2390(e).
    (i) The vapor balancing system must be designed and operated to
route organic HAP vapors displaced from loading of the storage tank to
the transport vehicle from which the storage tank is filled.
    (ii) Transport vehicles must have a current certification in
accordance with the United States Department of Transportation (U.S.
DOT) pressure test requirements of 49 CFR part 180 for cargo tanks and
49 CFR 173.31 for tank cars.
    (iii) Organic liquids must only be unloaded from cargo tanks or
tank cars when vapor collection systems are connected to the storage
tank's vapor collection system.
    (iv) No pressure relief device on the storage tank, 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 guage (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)(iv)(A) through (C) of this section for
each pressure relief valve.
    (A) The pressure relief valve shall be monitored quarterly using
the method described in Sec.  63.180(b).
    (B) An instrument reading of 500 parts per million by volume (ppmv)
or greater defines a leak.
    (C) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 5 days after it is detected, and the
owner or operator shall comply with the recordkeeping requirements of
Sec.  63.181(d)(1) through (4).
    (vi) Cargo tanks and tank cars that deliver organic liquids to a
storage tank must be reloaded or cleaned at a facility that utilizes
the control techniques specified in paragraph (a)(4)(vi)(A) or
(a)(4)(vi)(B) of this section.
    (A) The cargo tank or tank car must be connected to a closed-vent
system with a control device that reduces inlet emissions of total
organic HAP by 95 percent by weight or greater or to an exhaust
concentration less than or equal to 20 ppmv, on a dry basis corrected
to 3 percent oxygen for combustion devices using supplemental
combustion air.
    (B) A vapor balancing system designed and operated to collect
organic HAP vapor displaced from the cargo tank or tank car during
reloading must be used to route the collected vapor to the storage tank
from which the liquid being transferred originated or to another
storage tank connected to a common header.
    (vii) The owner or operator of the facility where the cargo tank or
tank car is reloaded or cleaned must comply with paragraphs
(a)(4)(vii)(A) through (D) of this section.
    (A) Submit to the owner or operator of the storage tank and to the
Administrator a written certification that the reloading or cleaning
facility will meet the requirements of paragraph (a)(4)(vii)(A) through
(C) of this section. The certifying entity may revoke the written
certification by sending a written statement to the owner or operator
of the storage tank giving at least 90 days notice that the certifying
entity is rescinding acceptance of responsibility for compliance with
the requirements of this paragraph (a)(4)(vii) of this section.
    (B) If complying with paragraph (a)(4)(vi)(A) of this section,
comply with the requirements for a closed vent system and control
device as specified in this subpart EEEE. The notification requirements
in Sec.  63.2382 and the reporting requirements in Sec.  63.2386 do not
apply to the owner or operator of the offsite cleaning or reloading
facility.
    (C) If complying with paragraph (a)(4)(vi)(B) of this section, keep
the records specified in Sec.  63.2390(e)(3) or equivalent
recordkeeping approved by the Administrator.
    (D) After the compliance dates specified in Sec.  63.2342, at an
offsite reloading or cleaning facility subject to Sec.  63.2346(a)(4),
compliance with the monitoring, recordkeeping, and reporting provisions
of any other subpart of this part 63 that has monitoring,
recordkeeping, and reporting provisions constitutes compliance with the
monitoring, recordkeeping and reporting provisions of Sec.
63.2346(a)(4)(vii)(B) or Sec.  63.2346(a)(4)(vii)(C). You must identify
in your notification of compliance status report required by Sec.
63.2382(d) the subpart of this part 63 with which the owner or operator
of the offsite reloading or cleaning facility complies.
    (b) Transfer racks. For each transfer rack that is part of the
collection of transfer racks that meets the total actual annual
facility-level organic liquid loading volume criterion for control in
Table 2 to this subpart, items 7 through 10, you must comply with
paragraph (b)(1), (b)(2), or (b)(3) of this section for each arm in the
transfer rack loading an organic liquid whose organic HAP content meets
the organic HAP criterion for control in Table 2 to this subpart, items
7 through 10. For existing affected sources, you must comply with
paragraph (b)(1), (b)(2), or (b)(3)(i) of this section during the
loading of organic liquids into transport vehicles. For new affected
sources, you must comply with paragraph (b)(1), (b)(2), or (b)(3)(i)
and (ii) of this section during the loading of organic liquids into
transport vehicles and containers. If the total actual annual facility-
level organic liquid loading volume at any affected source is equal to
or greater than the loading volume criteria for control in

Table 2 to this subpart, but at a later date is less than the loading
volume criteria for control, compliance with paragraph (b)(1), (b)(2),
or (b)(3) of this section is no longer required. For new sources and
reconstructed sources, as defined in Sec.  63.2338(d) and (e), if at a
later date, the total actual annual facility-level organic liquid
loading volume again becomes equal to or greater than the loading
volume criteria for control in Table 2 to this subpart, the owner or
operator must comply with paragraph (b)(1), (b)(2), or (b)(3)(i) and
(ii) of this section immediately, as specified in Sec.  63.2342(a)(3).
For existing sources, as defined in Sec.  63.2338(f), if at a later
date, the total actual annual facility-level organic liquid loading
volume again becomes equal to or greater than the loading volume
criteria for control in Table 2 to this subpart, the owner or operator
must comply with paragraph (b)(1), (b)(2), or (b)(3)(i) of this section
immediately, as specified in Sec.  63.2342(b)(3)(i), unless an
alternative compliance schedule has been approved under Sec.
63.2342(b)(3)(ii) and subject to the use limitation specified in Sec.
63.2342(b)(3)(ii)(I).
* * * * *
    (2) Route emissions to fuel gas systems or back into a process as
specified in 40 CFR part 63, subpart SS.
    (3)(i) Use a vapor balancing system that routes organic HAP vapors
displaced from the loading of organic liquids into transport vehicles
to the storage tank from which the liquid being loaded originated or to
another storage tank connected to a common header.
    (ii) Use a vapor balancing system that routes the organic HAP
vapors displaced from the loading of organic liquids into containers
directly (e.g., no intervening tank or containment area such as a room)
to the storage tank from which the liquid being loaded originated or to
another storage tank connected to a common header.
* * * * *
    (d) Transport vehicles. For each transport vehicle equipped with
vapor collection equipment that is 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 comply with paragraph (d)(1) of
this section. For each transport vehicle without vapor collection
equipment that is 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 comply with paragraph (d)(2) of this section.
* * * * *
    (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. For each storage tank and low throughput transfer
rack, you must comply with 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.
* * * * *

0
7. Section 63.2350 is amended by revising paragraph (c) to read as
follows:

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

* * * * *
    (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).

0
8. Section 63.2354 is amended by revising paragraphs (a)(3) and (b)(3)
to read as follows:

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

    (a)(1) * * *
    (3) For each performance evaluation of a continuous emission
monitoring system (CEMS) you conduct, you must follow the requirements
in Sec.  63.8(e).
    (b)(1) * * *
    (3)(i) In addition to EPA Method 25 or 25A of 40 CFR part 60,
appendix A, to determine compliance with the organic HAP or TOC
emission limit, you may use EPA Method 18 of 40 CFR part 60, appendix
A, as specified in paragraph (b)(3)(i) of this section. As an
alternative to EPA Method 18, you may use ASTM D6420-99 (Reapproved
2004), Standard Test Method for Determination of Gaseous Organic
Compounds by Direct Interface Gas Chromatography-Mass Spectrometry
(incorporated by reference, see Sec.  63.14), under the conditions
specified in paragraph (b)(3)(ii) of this section.
    (A) If you use EPA Method 18 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 EPA Method 18. In conducting the performance test, you
must analyze samples collected as specified in EPA Method 18,
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 EPA Method 18 of 40 CFR part 60, appendix A, 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 EPA Method 18. In conducting the performance test, analyze
samples collected as specified in EPA 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 D6420-99 (Reapproved 2004), Standard Test
Method for Determination of Gaseous Organic Compounds by Direct
Interface Gas Chromatography-Mass Spectrometry (incorporated by
reference, see Sec.  63.14), as an alternative to EPA Method 18 if the
target concentration 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 D6420-99 (Reapproved 2004) and not amenable to
detection by mass spectrometry, you may not use ASTM D6420-99
(Reapproved 2004).
    (A) The target compounds are those listed in Section 1.1 of ASTM
D6420-99 (Reapproved 2004), Standard Test Method for Determination of
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry (incorporated by reference, see Sec.  63.14),; or
    (B) For target compounds not listed in Section 1.1 of ASTM D6420-99
(Reapproved 2004), Standard Test Method for Determination of Gaseous
Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry (incorporated by reference, see Sec.  63.14), but
potentially detected by mass spectrometry, the additional system
continuing calibration check after each run, as detailed in ASTM D6420-
99 (Reapproved 2004), 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.
* * * * *

0
9. Section 63.2362 is amended by revising paragraph (b)(1) to read as
follows:

Sec.  63.2362  When must I conduct subsequent performance tests?

* * * * *
    (b)(1) For each transport vehicle that you own that is equipped
with vapor collection equipment and that is loaded with organic liquids
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
perform the vapor tightness testing required in Table 5 to this
subpart, item 2, on that transport vehicle at least once per year.
* * * * *

0
10. Section 63.2370 is amended by revising paragraph (c) to read as
follows:

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

* * * * *
    (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).

0
11. Section 63.2382 is amended by revising paragraphs (d)(2)(iv), (v),
(vi), (vii), and (viii) to read as follows:

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

* * * * *
    (d) * * *
    (2) * * *
    (iv) Descriptions of worst-case operating and/or testing conditions
for the control device(s).
    (v) Identification of emission sources subject to overlapping
requirements described in Sec.  63.2396 and the authority under which
you will comply.
    (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.
    (viii) The information specified in Sec.  63.2386(c)(10)(i), unless
the information has already been submitted with the first Compliance
report. If the information specified in Sec.  63.2386(c)(10)(i) has
already been submitted with the first Compliance report, the
information specified in Sec.  63.2386(d)(3) and (4), as applicable,
shall be submitted instead.

0
12. Section 63.2386 is amended by:
0
a. Revising paragraph (b)(3);
0
b. Revising paragraph (c)(4);
0
c. Revising paragraphs (c)(9) and (c)(10);
0
d. Revising paragraph (d) introductory text;
0
e. Removing paragraph (d)(3); and
0
f. Adding new paragraphs (d)(3) and (d)(4) to read as follows:

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

* * * * *
    (b) * * *
    (3) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent Compliance
reports according to the dates the permitting authority has established
instead of according to the dates in paragraphs (b)(1) and (2) of this
section.
    (c) * * *
    (4) Any changes to the information listed in Sec.  63.2382(d)(2)
that have occurred since the submittal of the Notification of
Compliance Status.
* * * * *
    (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.
    (10)(i) A listing of all transfer racks (except those racks at
which only unloading of organic liquids occurs) and of tanks greater
than or equal to 18.9 cubic meters (5,000 gallons) that are part of the
affected source but are not subject to any of the emission limitations,
operating limits, or work practice standards of this subpart.
    (ii) If the information specified in paragraph (c)(10)(i) of this
section has already been submitted with the Notification of Compliance
Status, the information specified in paragraphs (d)(3) and (4) of this
section, as applicable, shall be submitted instead.
    (d) Subsequent Compliance reports. Subsequent Compliance reports
must contain the information in paragraphs (c)(1) through (9) of this
section and, where applicable, the information in paragraphs (d)(1)
through (4) of this section.
* * * * *
    (3)(i) 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.
    (4)(i) A listing of tanks greater than or equal to 18.9 cubic
meters (5,000 gallons) that became part of the affected source but are
not subject to any of the emission limitations, operating limits, or
work practice standards of this subpart, since the last Compliance
report.
    (ii) A listing of all transfer racks (except those racks at which
only the unloading of organic liquids occurs) that became part of the
affected source but are not subject to any of the emission limitations,
operating limits, or work practice standards of this subpart, since the
last Compliance report.
* * * * *

0
13. Section 63.2390 is amended by:
0
a. Revising paragraphs (a) and (b);
0
b. Revising paragraph (c) introductory text;
0
c. Redesignating paragraph (c)(3) as paragraph (d);
0
d. Adding a new paragraph (c)(3);
0
e. Revising newly designated paragraph (d); and
0
f. Adding a new paragraph (e) to read as follows:

Sec.  63.2390  What records must I keep?

    (a) For each emission source identified in Sec.  63.2338 that does
not require control under this subpart, you must keep all records
identified in Sec.  63.2343.
    (b) For each emission source identified in Sec.  63.2338 that does
require control under this subpart:
    (1) 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; and
    (2) 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.

    (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.
* * * * *
    (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
appendix A to 40 CFR part 60 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.
    (e) An owner or operator who elects to comply with Sec.
63.2346(a)(4) shall keep the records specified in paragraphs (e)(1)
through (3) of this section.
    (1) A record of the U.S. DOT certification required by Sec.
63.2346(a)(4)(ii).
    (2) A record of the pressure relief vent setting specified in Sec.
63.2348(a)(4)(v).
    (3) If complying with Sec.  63.2348(a)(4)(vi)(B), keep the records
specified in paragraphs (e)(3)(i) and (ii) of this section.
    (i) A record of the equipment to be used and the procedures to be
followed when reloading the cargo tank or tank car and displacing
vapors to the storage tank from which the liquid originates.
    (ii) A record of each time the vapor balancing system is used to
comply with Sec.  63.2348(a)(4)(vi)(B).

0
14. Section 63.2394 is amended by revising paragraph (a) to read as
follows:

Sec.  63.2394  In what form and how long must I keep my records?

    (a) Your records 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 at a separate location.
* * * * *

0
15. Section 63.2396 is amended by revising paragraphs (a), (b), and (e)
to 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) Compliance with other regulations for storage tanks.
    (1) After the compliance dates specified in Sec.  63.2342, you are
in compliance with the provisions of this subpart for any storage tank
that is assigned to the OLD affected source and that is both controlled
with a floating roof and is in compliance with the provisions of either
40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, except that
records shall be kept for 5 years rather than 2 years for storage tanks
that are assigned to the OLD affected source.
    (2) After the compliance dates specified in Sec.  63.2342, you are
in compliance with the provisions of this subpart for any storage tank
with a fixed roof that is assigned to the OLD affected source and that
is both controlled with a closed vent system and control device and is
in compliance with either 40 CFR part 60, subpart Kb, or 40 CFR part
61, subpart Y, except that you must comply with the monitoring,
recordkeeping, and reporting requirements in this subpart.
    (3) 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.
    (b) Compliance with other regulations for transfer racks. After the
compliance dates specified in Sec.  63.2342, if you have a transfer
rack that is subject to 40 CFR part 61, subpart BB, and that transfer
rack is in OLD operation, you must meet all of the requirements of this
subpart for that transfer rack when the transfer rack is in OLD
operation during the loading of organic liquids.
* * * * *
    (e) Overlap with other regulations for monitoring, recordkeeping,
and reporting.
    (1) Control devices. After the compliance dates specified in Sec.
63.2342, if any control device subject to this subpart is also subject
to monitoring, recordkeeping, and reporting requirements of another 40
CFR part 63 subpart, the owner or operator must be in compliance with
the monitoring, recordkeeping, and reporting requirements of this
subpart EEEE. If complying with the monitoring, recordkeeping, and
reporting requirements of the other subpart satisfies the monitoring,
recordkeeping, and reporting requirements of this subpart, the owner or
operator may elect to continue to comply with the monitoring,
recordkeeping, and reporting requirements of the other subpart. In such
instances, the owner or operator will be deemed to be in compliance
with the monitoring, 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(b).
    (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 40 CFR part 63 subpart 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 40 CFR part 63 subpart, 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(b).

0
16. Section 63.2402 is amended by revising paragraphs (b)(2), (b)(3),
and (b)(4) to read as follows:

Sec.  63.2402  Who implements and enforces this subpart?

* * * * *
    (b) * * *
    (2) Approval of major changes to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major changes to monitoring under Sec.  63.8(f) and
as defined in Sec.  63.90.
    (4) Approval of major changes to recordkeeping and reporting under
Sec.  63.10(f) and as defined in Sec.  63.90.

0
17. Section 63.2406 is amended by:
0
a. Revising the introductory text;

0
b. Revising the definitions of ``Annual average true vapor pressure,''
``Shutdown,'' ``Startup,'' paragraph (3) in the definition of ``Storage
tank,'' ``Transfer rack,'' ``Vapor balancing system,'' and ``Vapor
collection system;'' and
0
c. Adding in alphabetical order definitions for ``Bottoms receiver,''
``High throughput transfer rack,'' ``Low throughput transfer rack,''
``Surge control vessel,'' and ``Total actual annual facility-level
organic liquid loading volume'' to read as follows:

Sec.  63.2406  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec.  63.2,
40 CFR part 63, subparts H, PP, SS, TT, UU, and WW, and in this
section. If the same term is defined in another subpart and in this
section, it will have the meaning given in this section for purposes of
this subpart. Notwithstanding the introductory language in Sec.
63.921, the terms ``container'' and ``safety device'' shall have the
meaning found in this subpart and not in Sec.  63.921.
* * * * *
    Annual average true vapor pressure means the equilibrium partial
pressure exerted by the total Table 1 organic HAP 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 standard conditions of 77 degrees F and 29.92 inches
of mercury. For the purpose of determining whether an organic liquid
meets the applicability criteria in Table 2, items 1 through 6, to this
subpart, use the actual annual average temperature as defined in this
subpart. The vapor pressure value in either of these cases is
determined:
    (1) In accordance with methods described in American Petroleum
Institute Publication 2517, Evaporative Loss from External Floating-
Roof Tanks (incorporated by reference, see Sec.  63.14);
    (2) Using standard reference texts;
    (3) By the American Society for Testing and Materials Method D2879-
83, 96 (incorporated by reference, see Sec.  63.14); or
    (4) Using any other method that the EPA approves.
* * * * *
    Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further processing
downstream.
* * * * *
    High throughput transfer rack means those transfer racks that
transfer into transport vehicles (for existing affected sources) or
into transport vehicles and containers (for new affected sources) a
total of 11.8 million liters per year or greater of organic liquids.
* * * * *
    Low throughput transfer rack means those transfer racks that
transfer into transport vehicles (for existing affected sources) or
into transport vehicles and containers (for new affected sources) less
than 11.8 million liters per year of organic liquids.
* * * * *
    Shutdown means the cessation of operation of an OLD affected
source, or portion thereof (other than as part of normal operation of a
batch-type operation), including equipment required or used to comply
with this subpart, or the emptying and degassing of a storage tank.
Shutdown as defined here includes, but is not limited to, events that
result from periodic maintenance, replacement of equipment, or repair.
    Startup means the setting in operation of an OLD affected source,
or portion thereof (other than as part of normal operation of a batch-
type operation), for any purpose. Startup also includes the placing in
operation of any individual piece of equipment required or used to
comply with this subpart including, but not limited to, control devices
and monitors.
    Storage tank * * *
    (3) Bottoms receivers;
* * * * *
    Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within chemical
manufacturing processes when in-process storage, mixing, or management
of flow rates or volumes is needed to assist in production of a
product.
* * * * *
    Total actual annual facility-level organic liquid loading volume
means the total facility-level actual volume of organic liquid loaded
for transport within or out of the facility through transfer racks that
are part of the affected source into transport vehicles (for existing
affected sources) or into transport vehicles and containers (for new
affected sources) based on a 3-year rolling average, calculated
annually.
    (1) For existing affected sources, each 3-year rolling average is
based on actual facility-level loading volume during each calendar year
(January 1 through December 31) in the 3-year period. For calendar year
2004 only (the first year of the initial 3-year rolling average), if an
owner or operator of an affected source does not have actual loading
volume data for the time period from January 1, 2004, through February
2, 2004 (the time period prior to the effective date of the OLD
NESHAP), the owner or operator shall compute a facility-level loading
volume for this time period as follows: At the end of the 2004 calendar
year, the owner or operator shall calculate a daily average facility-
level loading volume (based on the actual loading volume for February
3, 2004, through December 31, 2004) and use that daily average to
estimate the facility-level loading volume for the period of time from
January 1, 2004, through February 2, 2004. The owner or operator shall
then sum the estimated facility-level loading volume from January 1,
2004, through February 2, 2004, and the actual facility-level loading
volume from February 3, 2004, through December 31, 2004, to calculate
the annual facility-level loading volume for calendar year 2004.
    (2)(i) For new affected sources, the 3-year rolling average is
calculated as an average of three 12-month periods. An owner or
operator must select as the beginning calculation date with which to
start the calculations as either the initial startup date of the new
affected source or the first day of the calendar month following the
month in which startup occurs. Once selected, the date with which the
calculations begin cannot be changed.
    (ii) The initial 3-year rolling average is based on the projected
maximum facility-level annual loading volume for each of the 3 years
following the selected beginning calculation date. The second 3-year
rolling average is based on actual facility-level loading volume for
the first year of operation plus a new projected maximum facility-level
annual loading volume for second and third years following the selected
beginning calculation date. The third 3-year rolling average is based
on actual facility-level loading volume for the first 2 years of
operation plus a new projected maximum annual facility-level loading
volume for the third year following the beginning calculation date.
Subsequent 3-year rolling averages are based on actual facility-level
loading volume for each year in the 3-year rolling average.
* * * * *
    Transfer rack means a single system used to load organic liquids
into, or unload organic liquids out of, transport vehicles or
containers. It includes all loading and unloading arms, pumps, meters,
shutoff valves, relief valves, and other piping and equipment necessary
for the transfer operation. Transfer equipment and operations that are
physically separate (i.e., do not share

common piping, valves, and other equipment) are considered to be
separate transfer racks.
* * * * *
    Vapor balancing system means: (1) A piping system that collects
organic HAP vapors displaced from transport vehicles or containers
during loading and routes the collected vapors to the storage tank from
which the liquid being loaded originated or to another storage tank
connected to a common header. For containers, the piping system must
route the displaced vapors directly to the appropriate storage tank or
to another storage tank connected to a common header in order to
qualify as a vapor balancing system; or (2) a piping system that
collects organic HAP vapors displaced from the loading of a storage
tank and routes the collected vapors to the transport vehicle from
which the storage tank is filled.
    Vapor collection system means any equipment located at the source
(i.e., at the OLD operation) that is not open to the atmosphere; that
is composed of piping, connections, and, if necessary, flow-inducing
devices; and that is used for:
    (1) Containing and conveying vapors displaced during the loading of
transport vehicles to a control device;
    (2) Containing and directly conveying vapors displaced during the
loading of containers; or
    (3) Vapor balancing. This does not include any of the vapor
collection equipment that is installed on the transport vehicle.
* * * * *

0
18. Table 1 to subpart EEEE of part 63 is amended by removing the entry
for methyl ethyl ketone (2-Butanone) (MEK).

0
19. Table 2 to subpart EEEE of part 63 is amended by revising entries
1, 6, 7, 8, 9, and 10 to read as follows:

          Table 2 to Subpart EEEE of Part 63.--Emission Limits
                              * * * * * * *
------------------------------------------------------------------------
 If you own or operate . . .      And if . . .       Then you must . . .
------------------------------------------------------------------------
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 and     HAP (or, upon
 cubic meters (5,000           if the annual         approval, TOC) by
 gallons) and < 189.3 cubic     average true vapor    at least 95 weight-
 meters (50,000 gallons).      pressure of the       percent or, as an
                               total Table 1         option, to an
                               organic HAP in the    exhaust
                               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 40
                                                     CFR part 63,
                                                     subpart SS; 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.            1.a.i or 1.a.ii of
                                                     this table.

                              * * * * * * *
6. A storage tank at an       a. The stored         i. Reduce emissions
 existing, reconstructed, or   organic liquid is     of total organic
 new affected source meeting   not crude oil and     HAP (or, upon
 the capacity criteria         if the annual         approval, TOC) by
 specified in Table 2 of       average true vapor    at least 95 weight-
 this subpart, items 1         pressure of the       percent or, as an
 through 5.                    total Table 1         option, to an
                               organic HAP in the    exhaust
                               stored organic        concentration less
                               liquid is >=76.6      than or equal to 20
                               kilopascals (11.1     ppmv, on a dry
                               psia).                basis corrected to
                                                     3 percent oxygen
                                                     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 40
                                                     CFR part 63,
                                                     subpart SS; OR
                                                    ii. Comply with the
                                                     work practice
                                                     standards specified
                                                     in Table 4 to this
                                                     subpart, item 2.a,
                                                     for tanks storing
                                                     the liquids
                                                     described in that
                                                     table.
7. A transfer rack at an      a. The total Table 1  i. For all such
 existing facility where the   organic HAP content   loading arms at the
 total actual annual           of the organic        rack, reduce
 facility-level organic        liquid being loaded   emissions of total
 liquid loading volume         through one or more   organic HAP (or,
 through transfer racks is     of the transfer       upon approval, TOC)
 equal to or greater than      rack's arms is at     from the loading of
 800,000 gallons and less      least 98 percent by   organic liquids
 than 10 million gallons.      weight and is being   either by venting
                               loaded into a         the emissions that
                               transport vehicle.    occur during
                                                     loading through a
                                                     closed vent system
                                                     to any combination
                                                     of control devices
                                                     meeting the
                                                     applicable
                                                     requirements of 40
                                                     CFR part 63,
                                                     subpart SS,
                                                     achieving at least
                                                     98 weight-percent
                                                     HAP reduction, OR,
                                                     as an option, to an
                                                     exhaust
                                                     concentration less
                                                     than or equal to 20
                                                     ppmv, on a dry
                                                     basis corrected to
                                                     3 percent oxygen
                                                     for combustion
                                                     devices using
                                                     supplemental
                                                     combustion air; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item 3
                                                     of Table 4 to this
                                                     subpart.

8. A transfer rack at an      a. One or more of     i. See the
 existing facility where the   the transfer rack's   requirements in
 total actual annual           arms is loading an    items 7.a.i and
 facility-level organic        organic liquid into   7.a.ii of this
 liquid loading volume         a transport vehicle.  table.
 through transfer racks is
 >=10 million gallons..
9. A transfer rack at a new   a. The total Table 1  i. See the
 facility where the total      organic HAP content   requirements in
 actual annual facility-       of the organic        items 7.a.i and
 level organic liquid          liquid being loaded   7.a.ii of this
 loading volume through        through one or more   table.
 transfer racks is less than   of the transfer
 800,000 gallons.              rack's arms is at
                               least 25 percent by
                               weight and is being
                               loaded into a
                               transport vehicle.
                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR ii.
                                                     During the loading
                                                     of organic liquids,
                                                     comply with the
                                                     work practice
                                                     standards specified
                                                     in item 3.a of
                                                     Table 4 to this
                                                     subpart.
10. A transfer rack at a new  a. One or more of     i. See the
 facility where the total      the transfer rack's   requirements in
 actual annual facility-       arms is loading an    items 7.a.i and
 level organic liquid          organic liquid into   7.a.ii of this
 loading volume through        a transport vehicle.  table.
 transfer racks is equal to
 or greater than 800,000
 gallons.
                              b. One or more of     i. For all such
                               the transfer rack's   loading arms at the
                               arms is filling a     rack during the
                               container with a      loading of organic
                               capacity equal to     liquids, comply
                               or greater than 55    with the provisions
                               gallons.              of Sec.  Sec.
                                                     63.924 through
                                                     63.927 of 40 CFR
                                                     part 63, Subpart
                                                     PP--National
                                                     Emission Standards
                                                     for Containers,
                                                     Container Level 3
                                                     controls; OR
                                                    ii. During the
                                                     loading of organic
                                                     liquids, comply
                                                     with the work
                                                     practice standards
                                                     specified in item
                                                     3.a of Table 4 to
                                                     this subpart.
------------------------------------------------------------------------

0
20. Table 3 to subpart EEEE of part 63 is amended by revising entries
3, 5, 6, and 8 to read as follows:

 Table 3 to Subpart EEEE of Part 63.--Operating Limits--High Throughput
                             Transfer Racks
                              * * * * * * *
------------------------------------------------------------------------
 For each existing, each reconstructed,
 and each new affected source using . .           You must . . .
                   .
------------------------------------------------------------------------

                              * * * * * * *
3. An absorber to comply with an         a. Maintain the daily average
 emission limit in Table 2 to this        concentration level of organic
 subpart.                                 compounds in the absorber
                                          exhaust less than or equal to
                                          the reference concentration
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; OR
                                         b. Maintain the daily average
                                          scrubbing liquid temperature
                                          less than or equal to the
                                          reference temperature
                                          established during the design
                                          evaluation or performance test
                                          that demonstrated compliance
                                          with the emission limit; AND
                                         Maintain the difference between
                                          the specific gravities of the
                                          saturated and fresh scrubbing
                                          fluids greater than or equal
                                          to the difference established
                                          during the design evaluation
                                          or performance test that
                                          demonstrated compliance with
                                          the emission limit.

                              * * * * * * *