health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, we 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.
    We interpret 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. This proposed rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks. No children's risk
analysis was performed because no alternative technologies exist that
would provide greater stringency at a reasonable cost. Furthermore,
this proposed rule has been determined not to be ``economically
significant'' as defined under Executive Order 12866.

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

    This proposed rule is not an economically significant energy action
as defined in Executive Order 13211 (66 FR 28355, May 22, 2001) because
it is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
proposed rule is not likely to have any adverse energy impacts.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 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.
    This proposed rule does not include any test methods that have not
undergone the NTTAA review during the development of the NESHAP for
gasoline distribution (Stage I). During the development of amendments
to the NESHAP in 2005 we incorporated by reference an industry standard
test method for detecting vapor leaks in railcar cargo tanks. This
method was found to be an acceptable alternative to EPA Reference
Method 27. No other VCS have been identified that are applicable to
this proposed rule.

List of Subjects for 40 CFR Part 63

    Environmental protection, Administrative practice and procedures,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: October 31, 2006.
Stephen L. Johnson,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:

PART 63--[AMENDED]

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

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

    2. Part 63 is amended by adding a new subpart BBBBBB to read as
follows:
Subpart BBBBBB--National Emission Standards for Hazardous Air
Pollutants for Source Category: Gasoline Distribution Bulk Terminals,
Bulk Plants, Pipeline Facilities, and Gasoline Dispensing Facilities

What This Subpart Covers

Sec.
63.11080 What is the purpose of this subpart?
63.11081 Am I subject to the requirements in this subpart?
63.11082 What parts of my affected source does this subpart cover?
63.11083 When do I have to comply with this subpart?

Emission Limitations, Operating Limits, and Work Practice Standards

63.11085 What requirements must I meet if my facility is a gasoline
dispensing facility?
63.11086 What requirements must I meet if my facility is a bulk
gasoline plant?
63.11087 What requirements must I meet for gasoline storage tanks if
my facility is a bulk gasoline terminal, pipeline breakout station,
or pipeline pumping station?
63.11088 What requirements must I meet for gasoline loading racks if
my facility is a bulk gasoline terminal, pipeline breakout station,
or pipeline pumping station?
63.11089 What requirements must I meet for equipment leak
inspections if my facility is a bulk gasoline terminal, pipeline
breakout station, or pipeline pumping station?

Testing and Monitoring Requirements

63.11092 What testing requirements must I meet?

Notification, Reports, and Records

63.11093 What notifications must I submit and when?
63.11094 What are my recordkeeping requirements?
63.11095 What are my reporting requirements?

Other Requirements and Information

63.11098 What parts of the General Provisions apply to me?
63.11099 Who implements and enforces this subpart?
63.11100 What definitions apply to this subpart?

Tables to Subpart BBBBBB of Part 63

Table 1 to Subpart BBBBBB of Part 63--Applicability Criteria, Emission
Limits, and Work Practice Standards for Storage Tanks

Table 2 to Subpart BBBBBB of Part 63--Applicability Criteria, Emission
Limits, and Work Practice Standards for Loading Racks

Table 3 to Subpart BBBBBB of Part 63--Applicability of General
Provisions

Subpart BBBBBB--National Emission Standards for Hazardous Air
Pollutants for Source Category: Gasoline Distribution Bulk
Terminals, Bulk Plants, Pipeline Facilities, and Gasoline
Dispensing Facilities

What This Subpart Covers

Sec.  63.11080  What is the purpose of this subpart?

    This subpart establishes national emission limitations, work
practice standards, and equipment inspection requirements for organic
hazardous air pollutants (HAP) emitted from area source gasoline
distribution facilities. This subpart also establishes requirements to
demonstrate compliance with the emission limitations, work practice
standards, and equipment inspection requirements.

Sec.  63.11081  Am I subject to the requirements in this subpart?

    (a) The affected source to which this subpart applies is each bulk
gasoline terminal, pipeline breakout station, pipeline pumping station,
bulk gasoline plant, and gasoline dispensing facility identified in
paragraphs (a)(1) through (5) of this section. You are subject to the
requirements in this subpart if you own or operate one or more of the
affected area sources identified in paragraphs (a)(1) through (5) of
this section.
    (1) A bulk gasoline terminal that is not subject to the control
requirements of 40 CFR part 63, subpart R (Sec. Sec.  63.422, 63.423,
and 63.424) or 40 CFR part 63, subpart CC (Sec. Sec.  63.646, 63.648,
63.649, and 63.650).
    (2) A pipeline breakout station that is not subject to the control
requirements of 40 CFR part 63, subpart R (Sec. Sec.  63.423 and
63.424) of this part.
    (3) A pipeline pumping station.
    (4) A bulk gasoline plant.
    (5) A gasoline dispensing facility located in an Urban 1 or Urban 2
area.
    (b) If you are an owner or operator of affected sources in (a)(1)
through (5) of this section, you are not required to meet the
obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71,
provided you are not otherwise required to obtain a permit under 40 CFR
70.3(a) or 40 CFR part 71.3(a).

Sec.  63.11082  What parts of my affected source does this subpart
cover?

    The emission sources to which this subpart applies are gasoline
storage tanks, gasoline loading racks, vapor collection-equipped
gasoline cargo tanks, and equipment components in vapor or liquid
gasoline service that meet the criteria specified in Tables 1 through 3
to this subpart.

Sec.  63.11083  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 paragraphs (a)(1) and (2) of this
section.
    (1) If you startup your affected source before [DATE OF PUBLICATION
OF THE FINAL RULE IN THE Federal Register], you must comply with the
standards in this subpart no later than [DATE OF PUBLICATION OF THE
FINAL RULE IN THE Federal Register].
    (2) If you start up your affected source after [DATE OF PUBLICATION
OF THE FINAL RULE IN THE Federal Register], you must comply with the
standards in this subpart upon startup of your affected source.
    (b) If you have an existing affected source, you must comply with
the standards in this subpart no later than [DATE 3 YEARS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
    (c) If a county where your gasoline dispensing facility resides is
reclassified from rural to urban, you must comply with the standards in
this subpart as specified in paragraphs (c)(1) through (3) of this
section.
    (1) If your facility is an existing facility as of the date your
county is reclassified, you must comply with the standards in this
subpart no later than 3 years after the date of reclassification.
    (2) If you commence construction or reconstruction of your gasoline
dispensing facility on or after the date of reclassification, and you
start up your gasoline dispensing facility before the reclassification,
you must comply with the standards in this subpart no later than the
date of publication of reclassification.
    (3) If you commence construction or reconstruction of your gasoline
dispensing facility on or after the date of reclassification, and you
start up your gasoline dispensing facility after the date of
reclassification, you must comply with the standards in this subpart
upon startup of your gasoline dispensing facility.

Emission Limitations, Operating Limits, and Work Practice Standards

Sec.  63.11085  What requirements must I meet if my facility is a
gasoline dispensing facility?

    Each owner or operator of an affected gasoline dispensing facility,
as defined in Sec.  63.11100, must comply with the requirements of
paragraphs (a) through (g) of this section, but is not required to
comply with Sec.  63.11086, Sec.  63.11087, Sec.  63.11088, or Sec.
63.11089.
    (a) You must utilize submerged filling, as defined in Sec.
63.11100, for the loading of gasoline into storage tanks at your
facility.
    (b) The emission sources listed in paragraphs (b)(1) and (2) of
this section are not required to comply with the control requirements
in this subpart.
    (1) Gasoline storage tanks with a capacity of less than 250
gallons.
    (2) Gasoline storage tanks with a capacity of less than 550 gallons
that are used exclusively for fueling implements of husbandry.
    (c) You must not allow gasoline to be handled in a manner that
would result in vapor releases to the atmosphere for extended periods
of time. Measures to be taken include, but are not limited to, the
following:
    (1) Minimize gasoline spills;
    (2) Clean up spills as expeditiously as practicable;
    (3) Cover all open gasoline containers with a gasketed seal when
not in use;
    (4) Minimize gasoline sent to open waste collection systems that
collect and transport gasoline to reclamation and recycling devices,
such as oil/water separators.
    (d) You must submit an initial notification that you are subject to
this subpart by [DATE 120 DAYS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE Federal Register] unless you meet the requirements in
paragraph (f) of this section. The initial notification must contain
the information specified in paragraphs (d)(1) through (3) of this
section. The notification must be submitted to the applicable EPA
Regional Office, as listed in Sec.  63.13, or the delegated State
authority.
    (1) The name and address of the owner and the operator.
    (2) The address (i.e., physical location) of the gasoline
dispensing facility.
    (3) A statement that the notification is being submitted in
response to 40 CFR part 63, subpart BBBBBB and identifying whether or
not the requirements in paragraphs (a), (b), and (c) of this section
apply to you.
    (e) You must submit a notification of compliance status to the
applicable EPA Regional Office or the delegated State authority by the
compliance date specified in Sec.  63.11083. The notification of
compliance status must be signed by a responsible official who must
certify its accuracy and must indicate whether the source has complied
with the requirements of this subpart. If your facility is in
compliance with the requirements of this subpart at the time the
initial notification required under paragraph (d) of this section is
due, the notification of compliance status may be submitted in lieu of
the initial notification provided it contains the information required
under paragraph (d) of this section.
    (f) You are not required to submit an initial notification or a
notification of compliance status under paragraph (d) or paragraph (e)
of this section if, prior to [DATE OF PUBLICATION OF THE FINAL RULE IN
THE Federal Register], you are meeting a submerged fill (as defined in
Sec.  63.11100) requirement under an enforceable State, local, or
tribal rule or permit.
    (g) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11083.

Sec.  63.11086  What requirements must I meet if my facility is a bulk
gasoline plant?

    Each owner or operator of an affected bulk gasoline plant, as
defined in Sec.  63.11100, must comply with the requirements of
paragraphs (a) through (i) of this section, but is not required to
comply with Sec.  63.11085, Sec.  63.11087, or Sec.  63.11088.
    (a) Except as specified in paragraph (b) of this section, you must
utilize submerged filling, as defined in Sec.  63.11100, for the
loading of gasoline into storage tanks at your facility.
    (b) The emission sources listed in paragraphs (b)(1) and (2) of
this section are not required to comply with the control requirements
in this subpart.
    (1) Gasoline storage tanks with a capacity of less than 250
gallons.
    (2) Gasoline storage tanks with a capacity of less than 550 gallons
that are used exclusively for fueling implements of husbandry.
    (c) You must utilize submerged filling, as defined in Sec.
63.11100, for the loading of gasoline into gasoline cargo tanks at your
facility.
    (d) You must perform a monthly leak inspection of all equipment in
gasoline service according to the requirements specified in Sec.
63.11089(a) through (f).
    (e) You must not allow gasoline to be handled in a manner that
would result in vapor releases to the atmosphere for extended periods
of time. Measures to be taken include, but are not limited to, the
following:

    (1) Minimize gasoline spills;
    (2) Clean up spills as expeditiously as practicable;
    (3) Cover all open gasoline containers with a gasketed seal when
not in use;
    (4) Minimize gasoline sent to open waste collection systems that
collect and transport gasoline to reclamation and recycling devices,
such as oil/water separators.
    (f) You must submit an initial notification that you are subject to
this subpart by [DATE 120 DAYS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE Federal Register] unless you meet the requirements in
paragraph (h) of this section. The initial notification must contain
the information specified in paragraphs (f)(1) through (4) of this
section. The notification must be submitted to the applicable EPA
Regional Office, as listed in Sec.  63.13, or the delegated State
authority.
    (1) The name and address of the owner and the operator.
    (2) The address (i.e., physical location) of the bulk plant.
    (3) A statement that the notification is being submitted in
response to subpart BBBBBB and identifying the requirements in
paragraphs (a), (b), (c), (d), and (e) of this section that apply to
you.
    (4) A brief description of the bulk plant, including the number of
storage tanks in gasoline service, the capacity of each storage tank in
gasoline service, and the average monthly gasoline throughput at the
affected source.
    (g) You must submit a notification of compliance status to the
applicable EPA Regional Office or the delegated State authority by the
compliance date specified in Sec.  63.11083. The notification of
compliance status must be signed by a responsible official who must
certify its accuracy and must indicate whether the source has complied
with the requirements of this subpart. If your facility is in
compliance with the requirements of this subpart at the time the
initial notification required under paragraph (f) of this section is
due, the notification of compliance status may be submitted in lieu of
the initial notification provided it contains the information required
under paragraph (f) of this section.
    (h) You are not required to submit an initial notification or a
notification of compliance status under paragraph (f) or (g) of this
section if, prior to [DATE OF PUBLICATION OF THE FINAL RULE IN THE
Federal Register], you are meeting a submerged fill (as defined in
Sec.  63.11100) requirement under an enforceable State, local, or
tribal rule or permit.
    (i) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11083.
    (j) You must keep applicable records and submit reports as
specified in Sec.  63.11094(d) and (e) and Sec.  63.11095(b)(4).

Sec.  63.11087  What requirements must I meet for gasoline storage
tanks if my facility is a bulk gasoline terminal, pipeline breakout
station, or pipeline pumping station?

    (a) You must meet each emission limit and work practice standard in
Table 1 to this subpart that applies to your gasoline storage tank.
    (b) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11083, except that storage
vessels for which construction, reconstruction, or modification
commenced before July 23, 1984, and storage vessels equipped with
floating roofs, must be in compliance at the first degassing and
cleaning activity after [DATE 3 YEARS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE Federal Register], or by [DATE 10 YEARS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register], whichever is
first.
    (c) You must comply with the applicable testing and monitoring
requirements specified in Sec.  63.11092(e).
    (d) You must submit the applicable notifications as required under
Sec.  63.11093.
    (e) You must keep records and submit reports as specified in
Sec. Sec.  63.11094 and 63.11095.
    (f) If your gasoline storage tank is also subject to the control
requirements of 40 CFR part 60, subpart Kb (Sec. Sec.  60.110b through
60.117b) of this chapter, you must comply only with the provisions of
subpart Kb.

Sec.  63.11088  What requirements must I meet for gasoline loading
racks if my facility is a bulk gasoline terminal, pipeline breakout
station, or pipeline pumping station?

    (a) You must meet the emission limit and work practice standard in
Table 2 to this subpart.
    (b) Except as provided in paragraph (c) of this section, you must
limit the loadings of gasoline into gasoline cargo tanks that are
vapor-tight using the procedures specified in Sec.  60.502(e) through
(j). For the purposes of this section, the term ``tank truck'' as used
in Sec.  60.502(e) through (j) means ``cargo tank'' as defined in Sec.
63.11100.
    (c) As an alternative to the requirements of paragraph (b) of this
section, if your gasoline loading rack is required under a regulation
or an operating permit issued by a State, local, or tribal agency to
limit the loadings of gasoline into cargo tanks that are vapor tight,
and you are in compliance with all applicable provisions of the
regulation or your operating permit, you will be considered to be in
compliance with paragraph (b) of this section, provided that you verify
the appropriate documentation of vapor tightness testing prior to the
loading of the cargo tank. The appropriate documentation may be in the
form of a sticker placed on the cargo tank, a copy of the vapor
tightness testing results carried on board the cargo tank, or other
procedures approved by the State, local, or tribal agency.
    (d) As an alternative for railcar cargo tanks to the requirements
specified in Sec.  60.502(h) and (i), you may comply with the
requirements specified in Sec.  63.422(e).
    (e) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11083.
    (f) You must comply with the applicable testing and monitoring
requirements specified in Sec.  63.11092.
    (g) You must submit the applicable notifications as required under
Sec.  63.11093.
    (h) You must keep records and submit reports as specified in
Sec. Sec.  63.11094 and 63.11095.

Sec.  63.11089  What requirements must I meet for equipment leak
inspections if my facility is a bulk gasoline terminal, pipeline
breakout station, or pipeline pumping station?

    (a) Each owner or operator of a bulk gasoline terminal, bulk plant,
pipeline breakout station, or pipeline pumping station subject to the
provisions of this subpart shall perform a monthly leak inspection of
all equipment in gasoline service, as defined in Sec.  63.11100. For
this inspection, detection methods incorporating sight, sound, and
smell are acceptable.
    (b) A log book shall be used and shall be signed by the owner or
operator at the completion of each inspection. A section of the log
book shall contain a list, summary description, or diagram(s) showing
the location of all equipment in gasoline service at the facility.
    (c) Each detection of a liquid or vapor leak shall be recorded in
the log book. When a leak is detected, an initial attempt at repair
shall be made as soon as practicable, but no later than 5 calendar days
after the leak is detected. Repair or replacement of leaking equipment
shall be completed within 15 calendar days after detection of each
leak, except as provided in paragraph (d) of this section.
    (d) Delay of repair of leaking equipment will be allowed upon a

demonstration to the Administrator that repair within 15 days is not
feasible. The owner or operator shall provide the reason(s) a delay is
needed and the date by which each repair is expected to be completed.
    (e) As an alternative to compliance with the provisions in
paragraphs (a) through (d) of this section, owners or operators may
implement an instrument leak monitoring program that has been
demonstrated to the Administrator as at least equivalent.
    (f) You must comply with the requirements of this subpart by the
applicable dates specified in Sec.  63.11083.
    (g) You must submit the applicable notifications as required under
Sec.  63.11093.
    (h) You must keep records and submit reports as specified in
Sec. Sec.  63.11094 and 63.11095.

Testing and Monitoring Requirements

Sec.  63.11092  What testing and monitoring requirements must I meet?

    (a) Each owner or operator subject to the emission standard in
Sec.  63.11088 for gasoline loading racks must comply with the
requirements in paragraphs (a) through (d) of this section.
    (1) Conduct a performance test on the vapor processing and
collection systems according to either paragraph (a)(1)(i) or paragraph
(a)(1)(ii) of this section.
    (i) Use the test methods and procedures in Sec.  60.503 of this
chapter, except a reading of 500 parts per million shall be used to
determine the level of leaks to be repaired under Sec.  60.503(b), or
    (ii) Use alternative test methods and procedures in accordance with
the alternative test method requirements in Sec.  63.7(f).
    (2) If your gasoline loading rack has been permitted by a State or
local agency to meet an emission limit of 80 milligrams, or less, per
liter of gasoline loaded (mg/l) and you are in compliance with all
applicable provisions of your operating permit, a statement by a
responsible official of your facility certifying the compliance status
may be submitted in lieu of the test required under paragraph (a)(1) of
this section.
    (3) If you have conducted performance testing on the vapor
processing and collection systems within 3 years prior to [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register], you may submit
the results of such testing in lieu of the test required under
paragraph (a)(1) of this section, provided the testing was conducted
using the test methods and procedures in Sec.  60.503 of this chapter.
    (4) The performance test requirements of Sec.  63.11092(a) do not
apply to flares defined in Sec.  63.11100 and meeting the flare
requirements in Sec.  63.11(b). The owner or operator shall demonstrate
that the flare and associated vapor collection system is in compliance
with the requirements in Sec.  63.11(b) and Sec.  60.503(a), (b), and
(d), respectively.
    (b) For each performance test conducted under paragraph (a)(1) of
this section, the owner or operator shall determine a monitored
operating parameter value for the vapor processing system using the
procedures specified in paragraphs (b)(1) through (5) of this section.
    (1) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall install, calibrate, certify,
operate, and maintain, according to the manufacturer's specifications,
a continuous monitoring system (CMS) while gasoline vapors are
displaced to the vapor processor systems specified in paragraphs
(b)(1)(i) through (iv) of this section. During the performance test,
continuously record the operating parameter as specified under
paragraphs (b)(1)(i) through (iv) of this section.
    (i) Where a carbon adsorption system is used, a continuous emission
monitoring system (CEMS) capable of measuring organic compound
concentration shall be installed in the exhaust air stream.
    (ii) Where a refrigeration condenser system is used, a continuous
parameter monitoring system (CPMS) capable of measuring temperature
shall be installed immediately downstream from the outlet to the
condenser section. Alternatively, a CEMS capable of measuring organic
compound concentration may be installed in the exhaust air stream.
    (iii) Where a thermal oxidation system other than a flare is used,
the owner or operator shall monitor the operation of the system as
specified in paragraphs (b)(1)(iii)(A) or (B) of this section.
    (A) A CPMS capable of measuring temperature shall be installed in
the firebox or in the ductwork immediately downstream from the firebox
in a position before any substantial heat exchange occurs.
    (B) The presence of a thermal oxidation system pilot flame shall be
monitored using a heat-sensing device, such as an ultraviolet beam
sensor or a thermocouple, installed in proximity to the pilot light to
indicate the presence of a flame.
    (iv) Monitoring an alternative operating parameter or a parameter
of a vapor processing system other than those listed in paragraphs
(b)(1)(i) through (iii) of this section will be allowed upon
demonstrating to the Administrator's satisfaction that the alternative
parameter demonstrates continuous compliance with the emission standard
in Sec.  63.11088(a).
    (2) Where a flare meeting the requirements in Sec.  63.11(b) is
used, a heat-sensing device, such as an ultraviolet beam sensor or a
thermocouple, must be installed in proximity to the pilot light to
indicate the presence of a flame.
    (3) Determine an operating parameter value based on the parameter
data monitored during the performance test, supplemented by engineering
assessments and the manufacturer's recommendations.
    (4) Provide for the Administrator's approval the rationale for the
selected operating parameter value, monitoring frequency, and averaging
time, including data and calculations used to develop the value and a
description of why the value, monitoring frequency, and averaging time
demonstrate continuous compliance with the emission standard in Sec.
63.11088(a).
    (5) If you have chosen to comply with the performance testing
alternatives provided under paragraphs (a)(2) or (a)(3) of this
section, the monitored operating parameter value may be determined
according to the provisions in paragraphs (b)(5)(i) or (b)(5)(ii) of
this section.
    (i) Monitor an operating parameter that has been approved by the
permitting authority and is specified in your facility's current
enforceable operating permit. At the time that the permitting authority
requires a new performance test, you must determine the monitored
operating parameter value according to the requirements specified in
paragraph (b) of this section.
    (ii) Determine an operating parameter value based on engineering
assessment and the manufacturer's recommendation and submit the
information specified in paragraph (b)(4) of this section for approval
by the permitting authority. At the time that the permitting authority
requires a new performance test, you must determine the monitored
operating parameter value according to the requirements specified in
paragraph (b) of this section.
    (c) For performance tests performed after the initial test required
under paragraph (a) of this section, the owner or operator shall
document the reasons for any change in the operating parameter value
since the previous performance test.
    (d) Each owner or operator of a bulk gasoline terminal subject to
the

provisions of this subpart shall operate the vapor processing system in
a manner not to exceed or not to go below, as appropriate, the
operating parameter value for the parameters described in paragraph
(b)(1) of this section. In cases where an alternative parameter
pursuant to paragraphs (b)(1)(iv) or paragraph (b)(5) of this section
is approved, each owner or operator shall operate the vapor processing
system in a manner not to exceed or not to go below, as appropriate,
the alternative operating parameter value. Operation of the vapor
processing system in a manner exceeding or going below the operating
parameter value shall constitute a violation of the emission standard
in Sec.  63.11088(a).
    (e) Each owner or operator subject to the emission standard in
Sec.  63.11087 for gasoline storage tanks shall comply with the
requirements in paragraphs (e)(1) through (3) of this section.
    (1) If your gasoline storage tank is equipped with an internal
floating roof, you must perform inspections of the floating roof system
according to the requirements of Sec.  60.113b(a) if you are complying
with option ii in Table 1, or according to the requirements of Sec.
63.1063(c)(1) if you are complying with option iv in Table 1.
    (2) If your gasoline storage tank is equipped with an external
floating roof, you must perform inspections of the floating roof system
according to the requirements of Sec.  60.113b(b) if you are complying
with option iii in Table 1, or according to the requirements of Sec.
63.1063(c)(2) if you are complying with option iv in Table 1.
    (3) If your gasoline storage tank is equipped with a closed vent
system and control device, you must conduct a performance test and
determine a monitored operating parameter value in accordance with the
requirements in paragraphs (a) through (d) of this section, except that
the applicable level of control specified in paragraph (a)(2) of this
section shall be a 95 percent reduction in inlet TOC levels rather than
80 mg/l of gasoline loaded.
    (f) The annual certification test for gasoline cargo tanks shall
consist of the test methods specified in paragraphs (f)(1) or (f)(2) of
this section.
    (1) Method 27, appendix A, 40 CFR part 60. Conduct the test using a
time period (t) for the pressure and vacuum tests of 5 minutes. The
initial pressure (Pi) for the pressure test shall be 460
millimeters (mm) of water (18 inches of water), gauge. The initial
vacuum (Vi) for the vacuum test shall be 150 mm of water (6
inches of water), gauge. The maximum allowable pressure and vacuum
changes ([Delta] p, [Delta] v) for all affected gasoline cargo tanks is
3 inches of water, or less, in 5 minutes.
    (2) Railcar bubble leak test procedures. As an alternative to the
annual certification test required under paragraph (1) of this section
for certification leakage testing of gasoline cargo tanks, the owner or
operator may comply with paragraphs (f)(2)(i) and (ii) of this section
for railcar cargo tanks, provided the railcar cargo tank meets the
requirement in paragraph (f)(2)(iii) of this section.
    (i) Comply with the requirements of 49 CFR 173.31(d), 49 CFR 179.7,
49 CFR 180.509, and 49 CFR 180.511 for the periodic testing of railcar
cargo tanks.
    (ii) The leakage pressure test procedure required under 49 CFR
180.509(j) and used to show no indication of leakage under 49 CFR
180.511(f) shall be ASTM E 515-95, BS EN 1593:1999, or another bubble
leak test procedure meeting the requirements in 49 CFR 179.7, 49 CFR
180.505, and 49 CFR 180.509.
    (iii) The alternative requirements in this paragraph (f)(2) may not
be used for any railcar cargo tank that collects gasoline vapors from a
vapor balance system permitted under or required by a Federal, State,
local, or tribal agency. A vapor balance system is a piping and
collection system designed to collect gasoline vapors displaced from a
storage vessel, barge, or other container being loaded, and routes the
displaced gasoline vapors into the railcar cargo tank from which liquid
gasoline is being unloaded.

Notifications, Reports, and Records

Sec.  63.11093  What notifications must I submit and when?

    (a) Each owner or operator of an affected source under this subpart
must submit an Initial Notification as specified in Sec.  63.9(b). If
your facility is in compliance with the requirements of this subpart at
the time the Initial Notification is due, the Notification of
Compliance Status required under paragraph (b) of this section may be
submitted in lieu of the Initial Notification.
    (b) Each owner or operator of an affected source under this subpart
must submit a Notification of Compliance Status as specified in Sec.
63.9(h). The Notification of Compliance Status must specify which of
the alternative compliance options included in Table 1 is used to
comply with this subpart.
    (c) Each owner or operator of an affected bulk gasoline terminal
under this subpart must submit a Notification of Performance Test, as
specified in Sec.  63.9(e), prior to initiating testing required by
Sec.  63.11092(a) or (b).
    (d) Each owner or operator of any affected source under this
subpart must submit additional notifications specified in Sec.  63.9,
as applicable.

Sec.  63.11094  What are my recordkeeping requirements?

    (a) Each owner or operator of a bulk gasoline terminal or pipeline
breakout station whose storage vessels are subject to the provisions of
this subpart shall keep records as specified in Sec.  60.115b of this
chapter if you are complying with options i, ii, or iii in Table 1,
except records shall be kept for at least 5 years. If you are complying
with the requirements of option iv in Table 1, you shall keep records
as specified in Sec.  63.1065.
    (b) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall keep records of the test results
for each gasoline cargo tank loading at the facility as specified in
paragraphs (b)(1) and (3) of this section.
    (1) Annual certification testing performed under Sec.
63.11092(f)(1) and periodic railcar bubble leak testing performed under
Sec.  63.11092(f)(2).
    (2) The documentation file shall be kept up-to-date for each
gasoline cargo tank loading at the facility. The documentation for each
test shall include, as a minimum, the following information:
    (i) Name of test: Annual Certification Test--Method 27 or Periodic
Railcar Bubble Leak Test Procedure.
    (ii) Cargo tank owner's name and address.
    (iii) Cargo tank identification number.
    (iv) Test location and date.
    (v) Tester name and signature.
    (vi) Witnessing inspector, if any: Name, signature, and
affiliation.
    (vii) Vapor tightness repair: Nature of repair work and when
performed in relation to vapor tightness testing.
    (viii) Test results: Test pressure; pressure or vacuum change, mm
of water; time period of test; number of leaks found with instrument;
and leak definition.
    (3) If you are complying with the alternative requirements in Sec.
63.11088(d), you must keep records documenting that you have verified
the vapor tightness testing according to the requirements of the
permitting authority.
    (c) As an alternative to keeping records at the terminal of each
gasoline cargo tank test result as required in paragraph (b) of this
section, an owner or operator may comply with the requirements in
either paragraph (c)(1) or paragraph (c)(2) of this section.

    (1) An electronic copy of each record is instantly available at the
terminal.
    (i) The copy of each record in paragraph (c)(1) of this section is
an exact duplicate image of the original paper record with certifying
signatures.
    (ii) The permitting authority is notified in writing that each
terminal using this alternative is in compliance with paragraph (c)(1)
of this section.
    (2) For facilities that utilize a terminal automation system to
prevent gasoline cargo tanks that do not have valid cargo tank vapor
tightness documentation from loading (e.g., via a card lock-out
system), a copy of the documentation is made available (e.g., via
facsimile) for inspection by permitting authority representatives
during the course of a site visit, or within a mutually agreeable time
frame.
    (i) The copy of each record in paragraph (c)(2) of this section is
an exact duplicate image of the original paper record with certifying
signatures.
    (ii) The permitting authority is notified in writing that each
terminal using this alternative is in compliance with paragraph (c)(2)
of this section.
    (d) Each owner or operator subject to the equipment leak provisions
of Sec.  63.11089 shall prepare and maintain a record describing the
types, identification numbers, and locations of all equipment in
gasoline service. For facilities electing to implement an instrument
program under Sec.  63.11089(e), the record shall contain a full
description of the program.
    (e) Each owner or operator of an affected source subject to
equipment leak inspections under Sec.  63.11089 shall record in the log
book for each leak that is detected the information specified in
paragraphs (e)(1) through (7) of this section.
    (1) The equipment type and identification number.
    (2) The nature of the leak (i.e., vapor or liquid) and the method
of detection (i.e., sight, sound, or smell).
    (3) The date the leak was detected and the date of each attempt to
repair the leak.
    (4) Repair methods applied in each attempt to repair the leak.
    (5) ``Repair delayed'' and the reason for the delay if the leak is
not repaired within 15 calendar days after discovery of the leak.
    (6) The expected date of successful repair of the leak if the leak
is not repaired within 15 days.
    (7) The date of successful repair of the leak.
    (f) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall:
    (1) Keep an up-to-date, readily accessible record of the continuous
monitoring data required under Sec.  63.11092(b) or Sec.  63.11092(e).
This record shall indicate the time intervals during which loadings of
gasoline cargo tanks have occurred or, alternatively, shall record the
operating parameter data only during such loadings. The date and time
of day shall also be indicated at reasonable intervals on this record.
    (2) Record and report simultaneously with the notification of
compliance status required under Sec.  63.11093(b):
    (i) All data and calculations, engineering assessments, and
manufacturer's recommendations used in determining the operating
parameter value under Sec.  63.11092(b) or Sec.  63.11092(e); and
    (ii) The following information when using a flare under provisions
of Sec.  63.11(b) to comply with Sec.  63.11087(a):
    (A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted); and
    (B) All visible emissions readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during
the compliance determination required under Sec.  63.11092(e)(3).
    (3) If an owner or operator requests approval to use a vapor
processing system or monitor an operating parameter other than those
specified in Sec.  63.11092(b), the owner or operator shall submit a
description of planned reporting and recordkeeping procedures. The
Administrator will specify appropriate reporting and recordkeeping
requirements as part of the review of the permit application.

Sec.  63.11095  What are my reporting requirements?

    (a) Each owner or operator of a bulk terminal, pipeline breakout
station, or pipeline pumping station subject to the control
requirements of this subpart shall include in a semiannual compliance
report to the Administrator the following information, as applicable:
    (1) For storage vessels, if you are complying with options i, ii,
or iii in Table 1, the information specified in Sec.  60.115b(a), Sec.
60.115b(b), or Sec.  60.115b(c) of this chapter, depending upon the
control equipment installed; or, if you are complying with option iv in
Table 1, the information specified in Sec.  63.1066.
    (2) For loading racks, each loading of a gasoline cargo tank for
which vapor tightness documentation had not been previously obtained by
the facility.
    (3) For equipment leak inspections, the number of equipment leaks
not repaired within 15 days after detection.
    (b) Each owner or operator of an affected source subject to the
control requirements of this subpart shall submit an excess emissions
report to the Administrator at the time the semiannual compliance
report is submitted. Excess emissions events under this subpart, and
the information to be included in the excess emissions report, are
specified in paragraphs (b)(1) through (4) of this section.
    (1) Each instance of a non-vapor-tight gasoline cargo tank loading
at the facility in which the owner or operator failed to take steps to
assure that such cargo tank would not be reloaded at the facility
before vapor tightness documentation for that cargo tank was obtained.
    (2) Each reloading of a non-vapor-tight gasoline cargo tank at the
facility before vapor tightness documentation for that cargo tank is
obtained by the facility in accordance with Sec.  63.11094(b).
    (3) Each exceedance or failure to maintain, as appropriate, the
monitored operating parameter value determined under Sec.  63.11092(b).
The report shall include the monitoring data for the days on which
exceedances or failures to maintain have occurred, and a description
and timing of the steps taken to repair or perform maintenance on the
vapor collection and processing systems or the CMS.
    (4) For each occurrence of an equipment leak for which no repair
attempt was made within 5 days or for which repair was not completed
within 15 days after detection:
    (i) The date on which the leak was detected;
    (ii) The date of each attempt to repair the leak;
    (iii) The reasons for the delay of repair; and
    (iv) The date of successful repair.

Other Requirements and Information

Sec.  63.11098  What parts of the General Provisions apply to me?

    Table 3 to this subpart shows which parts of the General Provisions
apply to you.

Sec.  63.11099  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as the applicable State, local, or tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this

subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities specified in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or
tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.
63.11085 through 63.11097. Any owner or operator requesting to use an
alternative means of emission limitation for storage vessels in Table 1
must follow either the provisions in Sec.  60.114b of this chapter if
you are complying with options i, ii, or iii in Table 1, or the
provisions in Sec.  63.1064 if you are complying with option iv in
Table 1.
    (2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in
this subpart.

Sec.  63.11100  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have
the meaning given them in the Clean Air Act (CAA); in subparts A, K,
Ka, Kb, WW, and XX of part 60 of this chapter; or in subparts A and R
of this part. All terms defined in both subpart A of part 60 of this
chapter and subparts A and R of this part shall have the meaning given
in subparts A and R of this part. For purposes of this subpart,
definitions in this section supersede definitions in other parts or
subparts.
    Administrator means the Administrator of the United States
Environmental Protection Agency or his or her authorized representative
(e.g., a State that has been delegated the authority to implement the
provisions of this subpart).
    Bulk gasoline plant means any gasoline storage and distribution
facility which receives gasoline by pipeline, ship or barge, or cargo
tank and has a gasoline throughput of less than 20,000 gallons per day.
Gasoline throughput shall be the maximum calculated design throughput
as may be limited by compliance with an enforceable condition under
Federal, State or local law and discoverable by the Administrator and
any other person.
    Bulk gasoline terminal means any gasoline storage and distribution
facility which receives gasoline by pipeline, ship or barge, or cargo
tank and has a gasoline throughput of 20,000 gallons per day or
greater. Gasoline throughput shall be the maximum calculated design
throughput as may be limited by compliance with an enforceable
condition under Federal, State or local law and discoverable by the
Administrator and any other person.
    Flare means a thermal oxidation system using an open (without
enclosure) flame.
    Gasoline cargo tank means a delivery tank truck or railcar which is
loading gasoline or which has loaded gasoline on the immediately
previous load.
    Gasoline dispensing facility means any stationary facility which
dispenses gasoline directly into the fuel tank of a motor vehicle.
    In gasoline service means that a piece of equipment is used in a
system that transfers gasoline or gasoline vapors.
    Metropolitan statistical area (MSA) means a geographic entity
defined by the Federal Office of Management and Budget for use by
Federal statistical agencies, based on the concept of a core area with
a large population nucleus, plus adjacent communities having a high
degree of economic and social integration with that core. Qualification
of an MSA requires the presence of a city with 50,000 or more
inhabitants, or the presence of an Urbanized Area (UA) and a total
population of at least 100,000 (75,000 in New England). The county or
counties containing the largest city and surrounding densely settled
territory are central counties of the MSA. Additional outlying counties
qualify to be included in the MSA by meeting certain other criteria of
metropolitan character, such as a specified minimum population density
or percentage of the population that is urban. MSA in New England are
defined in terms of minor civil divisions, following rules concerning
commuting and population density.
    Operating parameter value means a value for an operating or
emission parameter of the vapor processing system (e.g., temperature)
which, if maintained continuously by itself or in combination with one
or more other operating parameter values, determines that an owner or
operator has complied with the applicable emission standard. The
operating parameter value is determined using the procedures specified
in Sec.  63.11092(b).
    Pipeline breakout station means a facility along a pipeline
containing storage vessels used to relieve surges or receive and store
gasoline from the pipeline for re-injection and continued
transportation by pipeline or to other facilities.
    Pipeline pumping station means a facility along a pipeline
containing pumps to maintain the desired pressure and flow of product
through the pipeline and not containing storage vessels.
    Submerged filling means the filling of a gasoline cargo tank or a
stationary storage tank through a submerged fill pipe whose discharge
is no more than 6 inches from the bottom of the tank. Bottom filling of
gasoline cargo tanks or storage tanks is included in this definition.
    Urban means all territory, population, and housing units in
urbanized areas and in places of more than 2,500 persons outside of UA.
``Urban'' classification cuts across other hierarchies and can be in
metropolitan or non-metropolitan areas.
    Urban 1 areas means counties that are part of an MSA with a
population greater than 250,000, based on the 1990 and the most current
U.S. Census Bureau statistical decennial census data.
    Urban 2 areas means counties where more than 50 percent of the
population is classified by the U.S. Census Bureau as urban, based on
the 1990 and the most current U.S. Census Bureau statistical decennial
census data.
    Urbanized area (UA) means an area consisting of a central place(s)
and adjacent territory with a general population density of at least
1,000 people per square mile of land area that together have a minimum
residential population of at least 50,000 people.
    Vapor collection-equipped gasoline cargo tank means a gasoline
cargo tank that is outfitted with the equipment necessary to transfer
vapors, displaced during the loading of gasoline into the cargo tank,
to a vapor processor system.

Tables to Subpart BBBBBB of Part 63

Table 1.--To Subpart BBBBBB of Part 63--Applicability Criteria, Emission
          Limits, and Work Practice Standards for Storage Tanks
------------------------------------------------------------------------
    If you own or operate            And if             Then you must
------------------------------------------------------------------------
A gasoline storage tank with  Your storage tank is  i. Reduce emissions
 a capacity of greater than    not subject to the    of total organic
 or equal to 75 cubic meters   control               HAP or Total
 (m\3\).                       requirements of       Organic Compounds
                               part 60, subpart Kb   (TOC) by 95 weight-
                               (Sec.   60.112b) of   percent with a
                               this chapter.         closed vent system
                                                     and control device
                                                     as specified in
                                                     Sec.
                                                     60.112b(a)(3) of
                                                     this chapter, or
                                                    ii. Equip each
                                                     internal floating
                                                     roof gasoline
                                                     storage tank
                                                     according to the
                                                     requirements in
                                                     Sec.
                                                     60.112b(a)(1) of
                                                     this chapter,
                                                     except for the
                                                     requirements in
                                                     Sec.
                                                     60.112b(a)(1)(iv)
                                                     through (ix) of
                                                     this chapter, or
                                                    iii. Equip each
                                                     external floating
                                                     roof gasoline
                                                     storage tank
                                                     according to the
                                                     requirements in
                                                     Sec.
                                                     60.112b(a)(2) of
                                                     this chapter,
                                                     except that the
                                                     requirements of
                                                     Sec.
                                                     60.112b(a)(2)(ii)
                                                     of this chapter
                                                     shall only be
                                                     required if such
                                                     storage tank does
                                                     not currently meet
                                                     the requirements of
                                                     Sec.
                                                     60.112b(a)(2)(i) of
                                                     this chapter, or
                                                    iv. Equip and
                                                     operate each
                                                     floating roof
                                                     gasoline storage
                                                     tank according to
                                                     the requirements in
                                                     Sec.
                                                     63.1063(a)(1) and
                                                     (b), and equip each
                                                     external floating
                                                     roof gasoline
                                                     storage tank
                                                     according to the
                                                     requirements of
                                                     Sec.
                                                     63.1063(a)(2) if
                                                     such storage tank
                                                     does not currently
                                                     meet the
                                                     requirements of
                                                     Sec.
                                                     63.1063(a)(1).
------------------------------------------------------------------------

Table 2.--To Subpart BBBBBB of Part 63--Applicability Criteria, Emission
          Limits, and Work Practice Standards for Loading Racks
------------------------------------------------------------------------
    If you own or operate            And if             Then you must
------------------------------------------------------------------------
A gasoline loading rack at a  Your loading rack is  i. Equip your
 bulk gasoline terminal.       not subject to the    loading rack with a
                               control               vapor collection
                               requirements of       system designed to
                               part 60, subpart XX   collect the TOC
                               (Sec.   60.502);      vapors displaced
                               part 63, subpart R    from cargo tanks
                               (Sec.   63.422); or   during product
                               to an enforceable     loading, and
                               State, local, or     ii. Reduce emissions
                               tribal regulation     of TOC to < =80
                               requiring that        milligrams per
                               emissions from your   liter of gasoline
                               loading operations    loaded into
                               be limited to < =80    gasoline cargo
                               milligrams per        tanks at the
                               liter of gasoline     loading rack, and
                               loaded into          iii. Design and
                               gasoline cargo        operate the vapor
                               tanks at the          collection system
                               loading rack.         to prevent any TOC
                                                     vapors collected at
                                                     one loading rack
                                                     from passing to
                                                     another loading
                                                     rack, and
                                                    iv. Limit the
                                                     loading of gasoline
                                                     into gasoline cargo
                                                     tanks that are
                                                     vapor tight using
                                                     the procedures
                                                     specified in Sec.
                                                     63.11088(b) through
                                                     (d).
------------------------------------------------------------------------

                   Table 3.--To Subpart BBBBBB of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                Applies to subpart
              Citation                       Subject              Brief description               BBBBBB
----------------------------------------------------------------------------------------------------------------
Sec.   63.1........................  Applicability.........  Initial applicability        Yes, specific
                                                              determination;               requirements given in
                                                              applicability after          Sec.   63.11085.
                                                              standard established;
                                                              permit requirements;
                                                              extensions, notifications.
63.1(c)(2).........................  Title V permit........  Requirements for obtaining   Yes, Sec.
                                                              a title V permit from the    63.11081(b) of
                                                              applicable permitting        subpart BBBBBB
                                                              authority.                   exempts some area
                                                                                sources from the
                                                                                obligation to obtain
                                                                                title V operating
                                                                                permits.
Sec.   63.2........................  Definitions...........  Definitions for part 63      Yes, additional
                                                              standards.                   definitions in Sec.
                                                                                63.11100.
Sec.   63.3........................  Units and               Units and abbreviations for  Yes.
                                      Abbreviations.          part 63 standards.
Sec.   63.4........................  Prohibited Activities   Prohibited activities;       Yes.
                                      and Circumvention.      circumvention,
                                                              severability.
Sec.   63.5........................  Construction/           Applicability;               Yes.
                                      Reconstruction.         applications; approvals.

Sec.   63.6(a).....................  Compliance with         GP apply unless compliance   Yes.
                                      Standards/Operation &   extension; General
                                      Maintenance             Provisions apply to area
                                      Applicability.          sources that become major.
Sec.   63.6(b)(1)-(4)..............  Compliance Dates for    Standards apply at           Yes.
                                      New and Reconstructed   effective date; 3 years
                                      Sources.                after effective date; upon
                                                              startup; 10 years after
                                                              construction or
                                                              reconstruction commences
                                                              for CAA section 112(f).
Sec.   63.6(b)(5)..................  Notification..........  Must notify if commenced     Yes.
                                                              construction or
                                                              reconstruction after
                                                              proposal.
Sec.   63.6(b)(6)..................  [Reserved]                                           ......................
Sec.   63.6(b)(7)..................  Compliance Dates for    Area sources that become     No.
                                      New and Reconstructed   major must comply with
                                      Area Sources that       major source standards
                                      Become Major.           immediately upon becoming
                                                              major, regardless of
                                                              whether required to comply
                                                              when they were an area
                                                              source.
Sec.   63.6(c)(1)-(2)..............  Compliance Dates for    Comply according to date in  No, Sec.   63.11083
                                      Existing Sources.       this subpart, which must     specifies the
                                                              be no later than 3 years     compliance dates.
                                                              after effective date; for
                                                              CAA section 112(f)
                                                              standards, comply within
                                                              90 days of effective date
                                                              unless compliance
                                                              extension.
Sec.   63.6(c)(3)-(4)..............  [Reserved]                                           ......................
Sec.   63.6(c)(5)..................  Compliance Dates for    Area sources that become     No.
                                      Existing Area Sources   major must comply with
                                      that Become Major.      major source standards by
                                                              date indicated in this
                                                              subpart or by equivalent
                                                              time period (e.g., 3
                                                              years).
Sec.   63.6(d).....................  [Reserved]                                           ......................
Sec.   63.6(e)(1)..................  Operation &             Operate to minimize          Yes.
                                      Maintenance.            emissions at all times;
                                                              correct malfunctions as
                                                              soon as practicable; and
                                                              operation and maintenance
                                                              requirements independently
                                                              enforceable; information
                                                              Administrator will use to
                                                              determine if operation and
                                                              maintenance requirements
                                                              were met.
Sec.   63.6(e)(2)..................  [Reserved]                                           ......................
Sec.   63.6(e)(3)..................  Startup, Shutdown, and  Requirement for SSM plan;    No.
                                      Malfunction (SSM)       content of SSM plan;
                                      Plan.                   actions during SSM.
Sec.   63.6(f)(1)..................  Compliance Except       You must comply with         No.
                                      During SSM.             emission standards at all
                                                              times except during SSM.
Sec.   63.6(f)(2)-(3)..............  Methods for             Compliance based on          Yes.
                                      Determining             performance test,
                                      Compliance.             operation and maintenance
                                                              plans, records, inspection.
Sec.   63.6(g)(1)-(3)..............  Alternative Standard..  Procedures for getting an    Yes.
                                                              alternative standard.
Sec.   63.6(h)(1)..................  Compliance with         You must comply with         No.
                                      Opacity/Visible         opacity/VE standards at
                                      Emission (VE)           all times except during
                                      Standards.              SSM.
Sec.   63.6(h)(2)(i)...............  Determining Compliance  If standard does not state   No.
                                      with Opacity/VE         test method, use EPA
                                      Standards.              Method 9 for opacity in
                                                              appendix A of part 60 of
                                                              this chapter and EPA
                                                              Method 22 for VE in
                                                              appendix A of part 60 of
                                                              this chapter.
Sec.   63.6(h)(2)(ii)..............  [Reserved]                                           ......................
Sec.   63.6(h)(2)(iii).............  Using Previous Tests    Criteria for when previous   No.
                                      to Demonstrate          opacity/VE testing can be
                                      Compliance with         used to show compliance
                                      Opacity/VE Standards.   with this subpart.
Sec.   63.6(h)(3)..................  [Reserved]                                           ......................
Sec.   63.6(h)(4)..................  Notification of         Must notify Administrator    No.
                                      Opacity/VE              of anticipated date of
                                      Observation Date.       observation.
Sec.   63.6(h)(5)(i), (iii)-(v)....  Conducting Opacity/VE   Dates and schedule for       No.
                                      Observations.           conducting opacity/VE
                                                              observations.
Sec.   63.6(h)(5)(ii)..............  Opacity Test Duration   Must have at least 3 hours   No.
                                      and Averaging Times.    of observation with thirty
                                                              6-minute averages.
Sec.   63.6(h)(6)..................  Records of Conditions   Must keep records available  No.
                                      During Opacity/VE       and allow Administrator to
                                      Observations.           inspect.
Sec.   63.6(h)(7)(i)...............  Report Continuous       Must submit COMS data with   No.
                                      Opacity Monitoring      other performance test
                                      System (COMS)           data.
                                      Monitoring Data from
                                      Performance Test.
Sec.   63.6(h)(7)(ii)..............  Using COMS Instead of   Can submit COMS data         No.
                                      EPA Method 9.           instead of EPA Method 9
                                                              results even if rule
                                                              requires EPA Method 9 in
                                                              appendix A of part 60 of
                                                              this chapter, but must
                                                              notify Administrator
                                                              before performance test.
Sec.   63.6(h)(7)(iii).............  Averaging Time for      To determine compliance,     No.
                                      COMS During             must reduce COMS data to 6-
                                      Performance Test.       minute averages.

Sec.   63.6(h)(7)(iv)..............  COMS Requirements.....  Owner/operator must          No.
                                                              demonstrate that COMS
                                                              performance evaluations
                                                              are conducted according to
                                                              Sec.   63.8(e); COMS are
                                                              properly maintained and
                                                              operated according to Sec.
                                                                63.8(c) and data quality
                                                              as Sec.   63.8(d).
Sec.   63.6(h)(7)(v)...............  Determining Compliance  COMS is probable but not     No.
                                      with Opacity/VE         conclusive evidence of
                                      Standards.              compliance with opacity
                                                              standard, even if EPA
                                                              Method 9 observation shows
                                                              otherwise. Requirements
                                                              for COMS to be probable
                                                              evidence-proper
                                                              maintenance, meeting
                                                              Performance Specification
                                                              1 in appendix B of part 60
                                                              of this chapter, and data
                                                              have not been altered.
Sec.   63.6(h)(8)..................  Determining Compliance  Administrator will use all   No.
                                      with Opacity/VE         COMS, EPA Method 9 (in
                                      Standards.              appendix A of part 60 of
                                                              this chapter), and EPA
                                                              Method 22 (in appendix A
                                                              of part 60 of this
                                                              chapter) results, as well
                                                              as information about
                                                              operation and maintenance
                                                              to determine compliance.
Sec.   63.6(h)(9)..................  Adjusted Opacity        Procedures for               No.
                                      Standard.               Administrator to adjust an
                                                              opacity standard.
Sec.   63.6(i)(1)-(14).............  Compliance Extension..  Procedures and criteria for  Yes.
                                                              Administrator to grant
                                                              compliance extension.
Sec.   63.6(j).....................  Presidential            President may exempt any     Yes.
                                      Compliance Exemption.   source from requirement to
                                                              comply with this subpart.
Sec.   63.7(a)(2)..................  Performance Test Dates  Dates for conducting         Yes.
                                                              initial performance
                                                              testing; must conduct 180
                                                              days after compliance date.
Sec.   63.7(a)(3)..................  Section 114 Authority.  Administrator may require a  Yes.
                                                              performance test under CAA
                                                              section 114 at any time.
Sec.   63.7(b)(1)..................  Notification of         Must notify Administrator    Yes.
                                      Performance Test.       60 days before the test.
Sec.   63.7(b)(2)..................  Notification of Re-     If have to reschedule        Yes.
                                      scheduling.             performance test, must
                                                              notify Administrator of
                                                              rescheduled date as soon
                                                              as practicable and without
                                                              delay.
Sec.   63.7(c).....................  Quality Assurance (QA)/ Requirement to submit site-  Yes.
                                      Test Plan.              specific test plan 60 days
                                                              before the test or on date
                                                              Administrator agrees with;
                                                              test plan approval
                                                              procedures; performance
                                                              audit requirements;
                                                              internal and external QA
                                                              procedures for testing.
Sec.   63.7(d).....................  Testing Facilities....  Requirements for testing     Yes.
                                                              facilities.
Sec.   63.7(e)(1)..................  Conditions for          Performance tests must be    Yes.
                                      Conducting              conducted under
                                      Performance Tests.      representative conditions;
                                                              cannot conduct performance
                                                              tests during SSM.
Sec.   63.7(e)(2)..................  Conditions for          Must conduct according to    Yes.
                                      Conducting              this subpart and EPA test
                                      Performance Tests.      methods unless
                                                              Administrator approves
                                                              alternative.
Sec.   63.7(e)(3)..................  Test Run Duration.....  Must have three test runs    Yes.
                                                              of at least 1 hour each;
                                                              compliance is based on
                                                              arithmetic mean of three
                                                              runs; conditions when data
                                                              from an additional test
                                                              run can be used.
Sec.   63.7(f).....................  Alternative Test        Procedures by which          Yes.
                                      Method.                 Administrator can grant
                                                              approval to use an
                                                              intermediate or major
                                                              change, or alternative to
                                                              a test method.
Sec.   63.7(g).....................  Performance Test Data   Must include raw data in     Yes.
                                      Analysis.               performance test report;
                                                              must submit performance
                                                              test data 60 days after
                                                              end of test with the
                                                              notification of compliance
                                                              status; keep data for 5
                                                              years.
Sec.   63.7(h).....................  Waiver of Tests.......  Procedures for               Yes.
                                                              Administrator to waive
                                                              performance test.
Sec.   63.8(a)(1)..................  Applicability of        Subject to all monitoring    Yes.
                                      Monitoring              requirements in standard.
                                      Requirements.
Sec.   63.8(a)(2)..................  Performance             Performance specifications   Yes.
                                      Specifications.         in appendix B of 40 CFR
                                                              part 60 apply.
Sec.   63.8(a)(3)..................  [Reserved]                                           ......................
Sec.   63.8(a)(4)..................  Monitoring of Flares..  Monitoring requirements for  Yes.
                                                              flares in Sec.   63.11
                                                              apply.
Sec.   63.8(b)(1)..................  Monitoring............  Must conduct monitoring      Yes.
                                                              according to standard
                                                              unless Administrator
                                                              approves alternative.

Sec.   63.8(b)(2)-(3)..............  Multiple Effluents and  Specific requirements for    Yes.
                                      Multiple Monitoring     installing monitoring
                                      Systems.                systems; must install on
                                                              each affected source or
                                                              after combined with
                                                              another affected source
                                                              before it is released to
                                                              the atmosphere provided
                                                              the monitoring is
                                                              sufficient to demonstrate
                                                              compliance with the std;
                                                              if more than one
                                                              monitoring system on an
                                                              emission point, must
                                                              report all monitoring
                                                              system results, unless one
                                                              monitoring system is a
                                                              backup.
Sec.   63.8(c)(1)..................  Monitoring System       Maintain monitoring system   Yes.
                                      Operation and           in a manner consistent
                                      Maintenance.            with good air pollution
                                                              control practices.
Sec.   63.8(c)(1)(i)-(iii).........  Routine and             Follow the SSM plan for      Yes.
                                      Predictable SSM.        routine repairs; keep
                                                              parts for routine repairs
                                                              readily available;
                                                              reporting requirements for
                                                              SSM when action is
                                                              described in SSM plan.
Sec.   63.8(c)(2)-(8)..............  CMS Requirements......  Must install to get          Yes.
                                                              representative emission or
                                                              parameter measurements;
                                                              must verify operational
                                                              status before or at
                                                              performance test.
Sec.   63.8(d).....................  CMS Quality Control...  Requirements for CMS         No.
                                                              quality control, including
                                                              calibration, etc.; must
                                                              keep quality control plan
                                                              on record for 5 years;
                                                              keep old versions for 5
                                                              years after revisions.
Sec.   63.8(e).....................  CMS Performance         Notification, performance    Yes.
                                      Evaluation.             evaluation test plan,
                                                              reports.
Sec.   63.8(f)(1)-(5)..............  Alternative Monitoring  Procedures for               Yes.
                                      Method.                 Administrator to approve
                                                              alternative monitoring.
Sec.   63.8(f)(6)..................  Alternative to          Procedures for               Yes.
                                      Relative Accuracy       Administrator to approve
                                      Test.                   alternative relative
                                                              accuracy tests for CEMS.
Sec.   63.8(g).....................  Data Reduction........  COMS 6-minute averages       Yes.
                                                              calculated over at least
                                                              36 evenly spaced data
                                                              points; CEMS 1 hour
                                                              averages computed over at
                                                              least 4 equally spaced
                                                              data points; data that
                                                              cannot be used in average.
Sec.   63.9(a).....................  Notification            Applicability and State      Yes.
                                      Requirements.           delegation.
Sec.   63.9(b)(1)-(2), (4)-(5).....  Initial Notifications.  Submit notification within   Yes.
                                                              120 days after effective
                                                              date; notification of
                                                              intent to construct/
                                                              reconstruct, notification
                                                              of commencement of
                                                              construction/
                                                              reconstruction,
                                                              notification of startup;
                                                              contents of each.
Sec.   63.9(c).....................  Request for Compliance  Can request if cannot        Yes.
                                      Extension.              comply by date or if
                                                              installed best available
                                                              control technology or
                                                              lowest achievable emission
                                                              rate (BACT/LAER).
Sec.   63.9(d).....................  Notification of         For sources that commence    Yes.
                                      Special Compliance      construction between
                                      Requirements for New    proposal and promulgation
                                      Sources.                and want to comply 3 years
                                                              after effective date.
Sec.   63.9(e).....................  Notification of         Notify Administrator 60      Yes.
                                      Performance Test.       days prior.
Sec.   63.9(f).....................  Notification of VE/     Notify Administrator 30      No.
                                      Opacity Test.           days prior.
Sec.   63.9(g).....................  Additional              Notification of performance  Yes; however, there
                                      Notifications When      evaluation; notification     are no opacity
                                      Using CMS.              about use of COMS data;      standards.
                                                              notification that exceeded
                                                              criterion for relative
                                                              accuracy alternative.
Sec.   63.9(h)(1)-(6)..............  Notification of         Contents due 60 days after   Yes; however, there
                                      Compliance Status.      end of performance test or   are no opacity
                                                              other compliance             standards.
                                                              demonstration, except for
                                                              opacity/VE, which are due
                                                              30 days after; when to
                                                              submit to Federal vs.
                                                              State authority.
Sec.   63.9(i).....................  Adjustment of           Procedures for               Yes.
                                      Submittal Deadlines.    Administrator to approve
                                                              change when notifications
                                                              must be submitted.
Sec.   63.9(j).....................  Change in Previous      Must submit within 15 days   Yes.
                                      Information.            after the change.
Sec.   63.10(a)....................  Record-keeping/         Applies to all, unless       Yes.
                                      Reporting.              compliance extension; when
                                                              to submit to Federal vs.
                                                              State authority;
                                                              procedures for owners of
                                                              more than one source.
Sec.   63.10(b)(1).................  Record-keeping/         General requirements; keep   Yes.
                                      Reporting.              all records readily
                                                              available; keep for 5
                                                              years.
Sec.   63.10(b)(2)(i)-(iv).........  Records Related to      Occurrence of each for       Yes.
                                      Startup, Shutdown,      operations (process
                                      and Malfunction.        equipment); occurrence of
                                                              each malfunction of air
                                                              pollution control
                                                              equipment; maintenance on
                                                              air pollution control
                                                              equipment; actions during
                                                              SSM.
Sec.   63.10(b)(2)(vi)-(xi)........  CMS Records...........  Malfunctions, inoperative,   Yes.
                                                              out-of-control periods.
Sec.   63.10(b)(2)(xii)............  Records...............  Records when under waiver..  Yes.
Sec.   63.10(b)(2)(xiii)...........  Records...............  Records when using           Yes.
                                                              alternative to relative
                                                              accuracy test.

Sec.   63.10(b)(2)(xiv)............  Records...............  All documentation            Yes.
                                                              supporting initial
                                                              notification and
                                                              notification of compliance
                                                              status.
Sec.   63.10(b)(3).................  Records...............  Applicability                Yes.
                                                              determinations.
Sec.   63.10(c)....................  Records...............  Additional records for CMS.  No.
Sec.   63.10(d)(1).................  General Reporting.....  Requirements Requirement to  Yes.
                                                              report.
Sec.   63.10(d)(2).................  Report of Performance   When to submit to Federal    Yes.
                                      Test Results.           or State authority.
Sec.   63.10(d)(3).................  Reporting Opacity or    What to report and when....  No.
                                      VE Observations.
Sec.   63.10(d)(4).................  Progress Reports......  Must submit progress         Yes.
                                                              reports on schedule if
                                                              under compliance extension.
Sec.   63.10(d)(5).................  SSM Reports...........  Contents and submission....  Yes.
Sec.   63.10(e)(1)-(2).............  Additional CMS Reports  Must report results for      No.
                                                              each CEMS on a unit;
                                                              written copy of CMS
                                                              performance evaluation; 2-
                                                              3 copies of COMS
                                                              performance evaluation.
Sec.   63.10(e)(3)(i)-(iii)........  Reports...............  Schedule for reporting       Yes; note that Sec.
                                                              excess emissions.            63.11095 specifies
                                                                                excess emission
                                                                                events for this
                                                                                subpart.
Sec.   63.10(e)(3)(iv)-(v).........  Excess Emissions        Requirement to revert to     Yes, Sec.   63.11095
                                      Reports.                quarterly submission if      specifies excess
                                                              there is an excess           emission events for
                                                              emissions and parameter      this subpart.
                                                              monitor exceedances (now
                                                              defined as deviations);
                                                              provision to request
                                                              semiannual reporting after
                                                              compliance for 1 year;
                                                              submit report by 30th day
                                                              following end of quarter
                                                              or calendar half; if there
                                                              has not been an exceedance
                                                              or excess emissions (now
                                                              defined as deviations),
                                                              report contents in a
                                                              statement that there have
                                                              been no deviations; must
                                                              submit report containing
                                                              all of the information in
                                                              Sec.  Sec.   63.8(c)(7)-
                                                              (8) and 63.10(c)(5)-(13).
Sec.   63.10(e)(3)(vi)-(viii)......  Excess Emissions        Requirements for reporting   Yes.
                                      Report and Summary      excess emissions for CMS;
                                      Report.                 requires all of the
                                                              information in Sec.  Sec.
                                                               63.8(c)(7)-(8) and
                                                              63.10(c)(5)-(13).
Sec.   63.10(e)(4).................  Reporting COMS Data...  Must submit COMS data with   Yes.
                                                              performance test data.
Sec.   63.10(f)....................  Waiver for              Procedures for               Yes.
                                      Recordkeeping/          Administrator to waive.
                                      Reporting.
Sec.   63.11(b)....................  Flares................  Requirements for flares....  Yes; the section
                                                                                references Sec.
                                                                                63.11(b).
Sec.   63.12.......................  Delegation............  State authority to enforce   Yes.
                                                              standards.
Sec.   63.13.......................  Addresses.............  Addresses where reports,     Yes.
                                                              notifications, and
                                                              requests are sent.
Sec.   63.14.......................  Incorporation by        Test methods incorporated    Yes.
                                      Reference.              by reference.
Sec.   63.15.......................  Availability of         Public and confidential      Yes.
                                      Information.            information.
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[FR Doc. E6-18656 Filed 11-8-06; 8:45 am]

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