VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49415 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules The use of add on air emission controls by some existing site remediation activities indicates that the average emission limitation being achieved by the best performing 12 percent of these sources is at some level above applying no controls (i. e., the emission limitation achieved by best performing 12 percent of the sources is greater than zero). The difficulty we are presented with is not having the information to determine average emission limitation achieved by the best performing 12 percent of existing sources at site remediations nationwide. We do not have comprehensive nationwide facility survey data by which we can state, with a reasonable level of confidence, that the sources for which we do have air emission control data do indeed represent the top 12 percent of the best performing existing sources nationwide. These sources may represent well more than the top 12 percent but there also is the possibility that the sources represent less than the top 12 percent. We do not have the data needed to definitively calculate the statistical distribution of air emission controls used at existing remediation sites nationwide. Obtaining nationwide counts of existing site remediation activities is not a trivial task given the uniqueness of the site remediation source category. Many site remediations are voluntary actions and are not reported for inclusion in existing EPA site remediation data bases. Furthermore, some existing site remediations are performed to address a unique contamination situation and may not be relevant to site remediations that are performed in the future. A comprehensive information collection survey to collect the needed data would require very significant time and resource commitments by both us and the survey respondents, and would not necessarily provide us with all of the information we need. In addition, it is not clear that on going remediation activities have the available data needed to adequately characterize the source category. Given the uniqueness of the site remediation source category, the extent of information currently available to us, and the complexities of gathering additional meaningful information, we decided to forgo statistically computing an emission limitation or identifying a specific control technology that represents the MACT floor for site remediations. The MACT floor for existing affected sources is some level of air emission control beyond no controls. Because the provisions of section 112 allow us to select MACT for a source category that is more stringent than the MACT floor (provided that the control level selected is technically achievable and that we consider the cost of achieving the emissions reductions, any non air quality health and environmental impacts, and energy requirements associated with the selected control level (CAA section 112( d)( 2)), we chose to select the MACT technology directly. To select a MACT technology from alternatives beyond the MACT floor for each affected source, we looked at the types of air emission controls required under national air standards for sources similar to those sources that potentially may be associated with site remediations. These air standards are NESHAP for other source categories, particularly the OSWRO NESHAP under 40 CFR part 63, subpart DD, and the air standards for RCRA hazardous waste treatment, disposal, and facilities under subparts AA, BB, and CC in 40 CFR parts 264 and 265 (RCRA Air Rules). The control levels established by the emission limitation and work practices we are proposing here are being implemented at existing sources subject to these similar rules; this demonstrates that the control levels are technically achievable. As stated in the previous paragraph, these control requirements and action levels already exist in either the RCRA Air Rules or the OSWRO NESHAP, or both. Given that these existing rules specify control requirements for sources similar to those comprising the affected source group for the Site Remediation NESHAP, and that sources already regulated by these existing standards will likely manage and/ or treat remediation material regulated by the Site remediation NESHAP also, we believe that the requirements within these existing rules represent industry practice for remediation activities and therefore MACT for the Site Remediation NESHAP. Nevertheless, we recognize that the existing standards were designed for controlling emissions from ongoing industrial activities that would continue for many years, rather than for limited duration activities such as site remediations. The Agency requests comment on the appropriateness of using the existing standards for limited duration site remediations.

E. How Did We Select the Format of the Proposed Standards? The proposed standards for the Site Remediation NESHAP consist of a combination of several formats: numerical emission limits and operating limits, equipment standards, and work practice standards. We selected the formats for each of the proposed standards to be consistent with the formats used in other NESHAP for similar organic HAP sources.

F. How Did We Select the Testing and Initial Compliance Requirements? The Site Remediation NESHAP would control three different groups of emission points: process vents, remediation material management units, and equipment leaks. The control technologies and work practices used to control these emission point groups would have different testing and initial compliance requirements. The methods proposed for testing and for demonstrating initial compliance with the proposed standards are consistent with those in other NESHAP that require using these same control technologies and work practices. We selected the performance testing requirements to demonstrate compliance with the control device emission limits based on the use of the applicable EPA test methods. We propose in the proposed rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 3, 4, 9, 18 (total organic HAP or total organic compounds), 22, 25, 25A, 305 and 316 of 40 CFR part 60, appendix A, and SW 846 9095A. Consistent with the National Technology Transfer and Advancement Act (NTTAA), we conducted searches to identify potential voluntary consensus standards that could be used in place of these EPA methods. As discussed further in section V. H of this preamble, no applicable voluntary consensus standards were identified as practical alternatives to the EPA Methods included in the proposed rule.

G. How Did We Select the Continuous Compliance Requirements? Continuous monitoring is required under each NESHAP so that we can determine whether a source remains in compliance following the initial compliance determination. When determining appropriate monitoring options, we considered the availability and feasibility of a number of monitoring strategies ranging from continuous emission monitoring to process and control device parameter monitoring. Monitoring of control device operating parameters is considered most appropriate for many other similar emission sources and, therefore, we have included this as the primary monitoring approach in these proposed standards. We selected operating parameters for the following types of control devices that are reliable indicators of control device performance: thermal and catalytic VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49416 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules 2 Value reported in $2000. For the economic impact analysis, EPA adjusted this estimate to $1997 using a cost factor (0.9753) developed from the Chemical Engineering Composite Plant Cost Index. Thus, the total annual compliance costs in $1997 is $7.96 million. oxidizers, flares, adsorbers, condensers, boilers, incinerators, and process heaters. In general, we are proposing selected parameters and monitoring provisions that were included in the OSWRO NESHAP. Sources would monitor these parameters to demonstrate continuous compliance with the emission limits and operating limits.

H. How Did We Select the Notification, Recordkeeping, and Reporting Requirements?

The required notifications and other reporting are based on the General Provisions in subpart A of 40 CFR part 63. The initial notification and the semiannual compliance reports include information on the remediation material and affected site remediation activities, and they require any changes to this information to be reported in subsequent reports. Similarly, records are required that will enable an inspector to verify the facility's compliance status. Due to the nature of control devices that would be installed on site remediation processes and the emissions being controlled, we have determined that control device parameter monitoring is appropriate in this circumstance. The required records and reports are necessary to allow the regulatory authority to verify that the source is continuing to comply with the standards.

IV. Summary of Environmental, Energy, and Economic Impacts A. What Are the Emissions Reductions?

We estimated nationwide organic HAP emissions from the site remediations potentially subject to the proposed rule based on the information available to us including remediation waste quantity and treatment practice data for the year 1997 and earlier. Nationwide organic HAP emissions from regulated sources are estimated to be approximately 1,140 Mg/ yr. Nationwide VOC emissions from regulated sources are estimated to be approximately 7,360 Mg/ yr. (Although not all VOC are organic HAP, we may permissibly note the air benefits from controlling non HAP pollutants such as VOC when considering a MACT standard. (See S. Rep. 101– 228, 101st Cong. 1st sess. 172) We estimate that implementation of the proposed rule would reduce these nationwide air emissions by approximately 50 percent to 570 Mg/ yr of HAP and 3,680 Mg/ yr of VOC. B. What Are the Cost Impacts?

The nationwide total capital investment cost and the annual operating cost of the control equipment required to meet the proposed standards are estimated to be $17.6 million and $5.8 million per year, respectively. When fully implemented, the proposed rule is estimated to result in a total annual cost of $8.2 million per year.

C. What Are the Economic Impacts?

The proposed rule would affect owners and operators of facilities, subject to the exceptions described in section I. A of this preamble, that are major sources of HAP emissions and at which a site remediation is conducted to clean up media or other material contaminated with any of the organic HAP substances listed in the proposed rule. Because of the nature of activities regulated by the source category, a comprehensive list of NAICS codes cannot be compiled for businesses or facilities potentially regulated by this action. As a result, the economic impact analyses focused on a set of industries from the 1997 Biennial Reporting System (BRS) database that were known to be large quantity generators of hazardous waste and who were remediating hazardous waste as part of a site remediation. We believe that the data provides an adequate overview of the potential impacts of the proposed rule. However we recognize that the actual industries directly impacted by the proposed rule in the year the proposed rule is implemented and the costs incurred by these industries may differ somewhat from the set of industries identified in the 1997 BRS data and the costs assigned to these industries for the purposes of the economic analysis. In general, we did not find evidence of significant impacts at the industry level. From the BRS data, over 80 industries were predicted to have annual compliance costs as a result of the proposed rule, and 15 industries accounted for 91 percent of the national compliance cost estimate of $8.16 million 2 . We employed an engineering or financial analysis to estimate impacts, which takes the form of the ratio of compliance costs to the value of sales (cost to sales ratio (CSR)). We calculated CSR for 12 industries and found all had CSR below 0.02 percent. The CSR are less than the lower quartile return on sales for all industries with profitability data available. We did not compute CSR for the remaining three industries because revenue data were not available. The CSR will likely overstate the impact on firms and understate the impact on consumers. The CSR assumes that there are no changes in the market as a result of the higher costs of production faced by the firms and that the firms continue to produce the same quantities, sell at the same price and absorb the full amount of the compliance costs. Small business impacts were particularly difficult to assess because of the uncertainty over the facilities that will actually be impacted by the proposed rule. As a result, we concluded that sufficient data and related information did not exist to conduct a small business screening analysis.

D. What Are the Non Air Quality Environmental and Energy Impacts? Compliance with the standards in the proposed rule requires using types of control equipment commonly in use to control organic emissions from process sources at many of the industrial facilities at which site remediations are most likely to occur. The non air environmental and energy impacts associated with implementing the requirements of the proposed rule primarily are expected to result from the operation of these control devices. No significant adverse water, solid waste, or energy impacts are expected as a result of the proposed rule.

V. Administrative Requirements A. Executive Order 12866, Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA must determine whether the regulatory action is `` significant'' and, therefore, subject to review by the Office of Management and Budget (OMB) and the requirements of the Executive Order. The Executive Order defines `` significant regulatory action'' as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees,

VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49417 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. It has been determined that the proposed rule is not a `` significant regulatory action'' under the terms of Executive Order 12866 and is, therefore, not subject to OMB review.

B. Executive Order 13132, Federalism Executive Order 13132, entitled `` Federalism'' (64 FR 43255, August 10, 1999), requires the EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. '' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. '' Under Section 6 of Executive Order 13132, the EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or the EPA consults with State and local officials early in the process of developing the proposed regulation. The EPA also may not issue a regulation that has federalism implications and that preempts State law unless the EPA consults with State and local officials early in the process of developing the proposed regulation. The proposed rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. Thus, the requirements of section 6 of the Executive Order do not apply to the proposed rule.

C. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled `` Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), requires the EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. '' `` Policies that have tribal implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. '' Under section 5( b) of Executive Order 13175, EPA may not issue a regulation that has tribal implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by tribal governments, or EPA consults with tribal officials early in the process of developing the proposed regulation. Under section 5( c) of Executive Order 13175, EPA may not issue a regulation that has tribal implications and that preempts tribal law, unless the Agency consults with tribal officials early in the process of developing the proposed regulation. The EPA has concluded that the proposed rule may have tribal implications since site remediation activities could be conducted on tribal lands. We do not have any information identifying specific remediation activities being conducted at this time. However, it will neither impose substantial direct compliance costs on tribal governments, nor preempt State law. Thus, the requirements of sections 5( b) and 5( c) of the Executive Order do not apply to the proposed rule. Consistent with EPA policy, EPA nonetheless has made attempts to invite tribal representatives to participate in the rulemaking activities early in the process of developing this proposed rule to permit them to have meaningful and timely input into its development. We have contacted tribal representatives and groups directly to notify them of this proposed rule development activity and to solicit their participation. Despite these efforts, EPA has not been contacted by tribal representatives to participate in the rulemaking process to date. In the spirit of Executive Order 13175, and consistent with EPA policy to promote communications between EPA and tribal governments, EPA specifically solicits comment on the proposed rule from tribal officials. D. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule that: (1) is determined to be `` economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that the EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the EPA must evaluate the environmental health or safety effects of the proposed rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the EPA. The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5– 501 of the Executive Order has the potential to influence the regulation. The 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, the proposed rule has been determined not to be `` economically significant'' as defined under Executive Order 12866.

E. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use The proposed rule is not subject to Executive Order 13211, `` Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.

F. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104– 4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, the EPA generally must prepare a written statement, including a costbenefit analysis, for proposed and final rules with `` Federal mandates'' that may result in expenditures by State, local, and tribal governments, in aggregate, or by the private sector, of $100 million or more in any 1 year. Before promulgating VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49418 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires the EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows the EPA to adopt an alternative other than the least costly, most cost effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation of why that alternative was not adopted. Before the EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. The EPA has determined that the proposed rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year. The maximum total annual cost of the proposed rule for any year has been estimated to be about $23.4 million. Thus, today's proposed rule is not subject to the requirements of sections 202 and 205 of the UMRA. In addition, the EPA has determined that the proposed rule contains no regulatory requirements that might significantly or uniquely affect small governments because it contains no requirements that apply to such governments or impose obligations upon them. Therefore, today's proposed rule is not subject to the requirements of section 203 of the UMRA.

G. Regulatory Flexibility Act (RFA) As Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U. S. C. 601 et seq. Under the Regulatory Flexibility Act, the Agency must prepare a Regulatory Flexibility Analysis unless the Administrator certifies that the rule, if promulgated, will not impose a significant economic impact on a substantial number of small entities. The Courts consistently have held that the provisions of the RFA apply only with respect to small entities that are subject to the proposed rule. The proposed rule sets minimum standards to be met when parties engage in future site remediation activities, but it does not itself require any party to undertake such activities. States may choose to direct a party to undertake site remediation, or parties may undertake remediation activities voluntarily. Today's action places no requirement on any party to initiate site remediation activities. The EPA anticipates that parties that undertake site remediation activities generally will do so voluntarily and that the impact of the proposed rule on those parties would not be significant. Further, because States and other parties will decide whether to undertake site remediation activities, it is extremely difficult, if not impossible, to predict how many or what types of small entities will undertake such activities. In addition, the proposed rule is structured to avoid impacts on small businesses. The proposed rule specifically excludes from its scope remediation activities conducted at gasoline stations, farm sites and residential sites (on the ground that these remediation activities would not exceed the threshold for major sources). Moreover, the proposed rule would apply only to remediation sites located at a facility that is a major source under the CAA and engages in a `` MACT activity'' (defined as a nonremediation activity covered in the MACT list of major source categories pursuant to CAA section 112( c)). Such sources tend to be large businesses. The proposed rule also contains emissions thresholds that are not likely to apply to small businesses. For example, the proposed rule exempts sources where the total annual quantity of HAP contained in all extracted remediation material at the facility is less than 1 Mg/ yr. For these reasons, I certify that the rule, if promulgated, will not impose a significant economic impact on a substantial number of small entities.

H. Paperwork Reduction Act We will submit the information collection requirements in the proposed rule for approval to the Office of Management and Budget under the Paperwork Reduction Act, 44 U. S. C. 3501 et seq. An Information Collection Request (ICR) document has been prepared by EPA (ICR No. 2062.01) and you may obtain a copy from Susan Auby by mail at U. S. EPA, Office of Environmental Information, Collection Strategies Division (2822T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, by e mail at auby. susan@ epa. gov, or by calling (202) 566– 1672. A copy may also be downloaded off the Internet at http:// www. epa. gov/ icr. The information requirements are not effective until OMB approves them. The information requirements are based on notification, recordkeeping, and reporting requirements in the NESHAP General Provisions (40 CFR part 63, subpart A), which are mandatory for all operators subject to national emission standards. These recordkeeping and reporting requirements are specifically authorized by section 114 of the CAA (42 U. S. C. 7414). All information submitted to the EPA pursuant to the recordkeeping and reporting requirements for which a claim of confidentiality is made is safeguarded according to EPA policies set forth in 40 CFR part 2, subpart B. The proposed rule would require maintenance inspections of the control devices but would not require any notifications or reports beyond those required by the General Provisions in subpart A to 40 CFR part 63. The recordkeeping requirements require only the specific information needed to determine compliance. The annual monitoring, reporting, and recordkeeping burden to affected sources for this collection (averaged over the first 3 years after the effective date of the promulgated rule) is estimated to be 341,737 labor hours per year, with a total annual cost of $17.7 million per year. These estimates include a one time performance test and report (with repeat tests where needed), one time submission of an SSMP with semiannual reports for any event when the procedures in the plan were not followed, semiannual compliance reports, maintenance inspections, notifications, and recordkeeping. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An Agency may not conduct or sponsor, and a person is not required to VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49419 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. Comments are requested on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques. By U. S. Postal Service, send comments on the ICR to the Director, Collection Strategies Division, U. S. EPA (2822T), 1200 Pennsylvania Ave., NW., Washington, DC 20460, and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th St., NW., Washington, DC 20503, marked `` Attention: Desk Officer for EPA''.; or by courier, send comments on the ICR to the Director, Collection Strategies Division, U. S. EPA (2822T), 1301 Constitution Avenue, NW., Room 6143, Washington, DC 20460 (202) 566– 1700. Include the ICR number in any correspondence. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after July 30, 2002, a comment to OMB is best assured of having its full effect if OMB receives it by August 29, 2002. The final rule will respond to any OMB or public comments on the information collection requirements contained in this proposal.

I. National Technology Transfer and Advancement Act Under section 12( d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA) (Public Law No. 104– 113, all Federal agencies are required to use voluntary consensus standards (VCS) in their regulatory and procurement activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e. g., materials specifications, test methods, sampling procedures, business practices) developed or adopted by one or more voluntary consensus bodies. The NTTAA requires Federal agencies to provide Congress, through annual reports to OMB, with explanations when an agency does not use available and applicable VCS. The proposed rulemaking involves technical standards. The EPA proposes in the proposed rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 3, 4, 9, 18 (total organic HAP or total organic compounds), 22, 25, 25A, 305 and 316 of 40 CFR part 60, appendix A, and Method 9095A in SW 846, `` Test Methods for Evaluating Solid Waste, Physical/ Chemical Methods. '' Consistent with the NTTAA, EPA conducted searches to identify VCS in addition to these EPA methods. No applicable VCS were identified for EPA Methods included in the proposed rule. The search for emissions measurement procedures identified 12 VCS as potential alternatives to the EPA methods specified in the proposed rule. Following further evaluation, the EPA determined that ten of these 12 standards identified for measuring emissions of HAP or surrogates subject to emissions standards in the proposed rule were impractical alternatives to EPA test methods for the purposes of the proposed rule. Therefore, the EPA does not intend to adopt these standards. The reasons for the determinations of these nine methods are discussed below. The standard ISO 10780: 1994, `` Stationary Source Emissions— Measurement of Velocity and Volume Flowrate of Gas Streams in Ducts, '' is impractical as an alternative to EPA Method 2 in the proposed rule. This standard, ISO 10780: 1994, recommends the use of L shaped pitots, which historically have not been recommended by EPA because the Stype design has large openings which are less likely to plug up with dust. The standard ASTM D3464– 96, `` Standard Test Method Average Velocity in a Duct Using a Thermal Anemometer, '' is impractical as an alternative to EPA Method 2 for the purposes of the proposed rule primarily because applicability specifications are not clearly defined, (e. g., range of gas composition, temperature limits). Also, the lack of supporting quality assurance data for the calibration procedures and specifications, and certain variability issues that are not adequately addressed by the ASTM standard limit EPA's ability to make a definitive comparison of the method in these areas. The VCS ASTM D6060 (in review 2000), `` Practice for Sampling of Process Vents with a Portable Gas Chromatograph, '' is an impractical alternative for EPA Method 18 for the purposes of the proposed rule because it lacks acceptance criteria for calibration, details on using other collection media (e. g., solid sorbents), and reporting/ documentation requirements that are included in EPA Method 18. The VCS ASTM D6420– 99, `` Standard Testing Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography Mass Spectrometry (GC/ MS), '' also is an impractical alternative for EPA Method 18 for the purposes of the proposed rule. This method only detects 25 of the 98 specific organic HAP constituents subject to regulation by the proposed rule. The specific organic HAP composition of the remediation material to be cleaned up is often unknown and using a method to determine compliance with total organic HAP emissions limitations that only detects a narrow subset of the entire group of 98 organic HAP compounds subject to the proposed rule is not appropriate. Method 18 is the only method currently available to ensure that all 98 HAP compounds regulated by the proposed rule are accounted for in the computation of the total organic HAP emissions from an affected source. We request comment on our decision not to include ASTM method D6420– 99. Two VCS, EN 12619: 1999 `` Stationary Source Emissions Determination of the Mass Concentration of Total Gaseous Organic Carbon at Low Concentrations in Flue Gases— Continuous Flame Ionization Detector Method'' and ISO 14965: 2000( E) `` Air QualityDetermination of Total Nonmethane Organic Compounds Cryogenic Preconcentration and Direct Flame Ionization Method, '' are impractical alternatives to EPA Method 25A for the purposes of this rulemaking because the standards do not apply to solvent process vapors in concentrations greater than 40 ppm for EN 12619 and 10 ppm carbon for ISO 14965. Methods with whose upper limits are this low are too limited to be useful in measuring source emissions, which are expected to be much higher. Four of the nine VCS are impractical alternatives to EPA test methods for the purposes of the proposed rule because they are too general, too broad, or not sufficiently detailed to assure compliance with EPA regulatory requirements: ASTM D3796– 90 (Reapproved 1996), `` Standard Practice for Calibration of Type S Pitot Tubes, '' for EPA Method 2; ASME C00031 or PTC 19– 10– 1981— Part 10, `` Flue and Exhaust Gas Analyses, '' for EPA Method 3; ASTM E337– 84 (Reapproved 1996), `` Standard Test Method for Measuring Humidity with a Psychrometer (the Measurement of Wet and Dry Bulb Temperatures), '' for EPA Method 4; and ASTM D3154– 91, `` Standard Method for Average Velocity in a Duct (Pitot Tube Method), '' for EPA Methods 1, 2, 2C, 3, and 4. Two of the 11 VCS identified in this search were not available at the time the review was conducted for the purposes of the proposed rule because they are under development by a voluntary consensus body: ASME/ BSR MFC 13M, `` Flow Measurement by Velocity Traverse, '' for EPA Method 1 (and possibly 2); and ASME/ BSR MFC 12M, `` Flow in Closed Conduits Using VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49420 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules Multiport Averaging Pitot Primary Flowmeters, '' for EPA Method 2. While we are not proposing to include these two VCS in today's proposed rule, the EPA will consider the standards when they are finalized. The EPA takes comment on the compliance demonstration requirements in the proposed rule and specifically invites the public to identify potentially applicable VCS. The commenter should also explain why this regulation should adopt these VCS in lieu of or in addition to EPA's standards. Emission test methods and performance specifications submitted for evaluation should be accompanied with a basis for the recommendation, including method validation data and the procedure used to validate the candidate method (if a method other than Method 301, 40 CFR part 63, Appendix A was used). Section 63.2406 and Table 5 of the proposed subpart GGGGG list the EPA testing methods and performance standards included in the proposed rule. Most of the standards have been used by States and industry for more than 10 years. Nevertheless, under § 63.7( f) of subpart A of 40 CFR part 63, the proposed rule also allows any State or source to apply to the EPA for permission to use an alternative method in place of any of the EPA testing methods or performance standards listed in the proposed rule.

List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements.

Dated: July 3, 2002. Christine Todd Whitman, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 63, of the Code of the 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 subpart GGGGG to read as follows:

Subpart GGGGG— National Emission Standards for Hazardous Air Pollutants: Site Remediation What This Subpart Covers Sec. 63.7880 What is the purpose of this subpart? 63.7881 Am I subject to this subpart? 63.7882 What activities at my facility does this subpart cover? 63.7883 When do I have to comply with this subpart?

Emissions Limitations and Work Practice Standards 63.7890 What emissions limitations and work practice standards must I meet?

General Compliance Requirements 63.7900 What are my general requirements for complying with this subpart? 63.7901 What requirements must I meet if I transfer remediation material to another party, another facility, or receive remediation material from another facility?

Testing and Initial Compliance Requirements 63.7910 By what date must I conduct performance tests or other initial compliance demonstrations? 63.7911 When must I conduct subsequent performance tests? 63.7912 What tests, design evaluations, and other procedures must I use? 63.7913 What are my monitoring installation, operation, and maintenance requirements? 63.7914 How do I demonstrate initial compliance with the emissions limitations and work practice standards?

Continuous Compliance Requirements 63.7920 How do I monitor and collect data to demonstrate continuous compliance? 63.7921 How do I demonstrate continuous compliance with the emissions limitations and work practice standards?

Notifications, Reports, and Records 63.7930 What notifications must I submit and when? 63.7931 What reports must I submit and when? 63.7932 What records must I keep? 63.7933 In what form and how long must I keep my records?

Other Requirements and Information 63.7940 What parts of the General Provisions apply to me? 63.7941 Who implements and enforces this subpart? 63.7942 What definitions apply to this subpart?

Tables to Subpart GGGGG of Part 63 Table 1 to Subpart GGGGG of Part 63— Hazardous Air Pollutants Table 2 to Subpart GGGGG of Part 63— Emissions Limitations for Process Vent Affected Sources Table 3 to Subpart GGGGG of Part 63— Emissions Limitations for Remediation Material Management Unit Affected Sources Table 4 to Subpart GGGGG of Part 63— Operating Limits and Associated Work Practices for Control Devices Table 5 to Subpart GGGGG of Part 63— Work Practice Standards Table 6 to Subpart GGGGG of Part 63— Requirements for Performance Tests Table 7 to Subpart GGGGG of Part 63— Initial Compliance With Emissions Limitations Table 8 to Subpart GGGGG of Part 63— Initial Compliance with Work Practice Standards Table 9 to Subpart GGGGG of Part 63— Continuous Compliance with Emissions Limitations Table 10 to Subpart GGGGG of Part 63— Continuous Compliance with Operating Limits Table 11 to Subpart GGGGG of Part 63— Continuous Compliance with Work Practice Standards Table 12 to Subpart GGGGG of Part 63— Requirements for Reports Table 13 to Subpart GGGGG of Part 63— Applicability of General Provisions to Subpart GGGGG Subpart GGGGG— National Emission Standards for Hazardous Air Pollutants— Site Remediation What This Subpart Covers § 63.7880 What is the purpose of this subpart? This subpart establishes national emissions limitations and work practice standards for hazardous air pollutants (HAP) emitted from site remediation activities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emissions limitations and work practice standards.

§ 63.7881 Am I subject to this subpart? (a) This subpart covers remediation activities within the site remediation source category, which excludes remediation at gasoline stations, farm sites and residential sites. (b) This subpart applies to you if you meet all of the criteria listed in paragraphs (b)( 1) and (2) of this section: (1) You own or operate a site remediation activity that is collocated within a facility with other sources that are individually or collectively a major source of HAP emissions; and (2) A MACT activity, as defined in § 63.7942, is performed at the facility. (c) Remediation means the cleanup of remediation material. For the purposes of this subpart, monitoring or measuring contamination levels through wells, or by sampling, is not considered to be remediation. (d) A major source of HAP is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year. A source that is not a major source is an area source. (e) You are not subject to the requirements of this subpart if any of the criteria in paragraphs (d)( 1) through (7) of this section apply.

VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49421 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules (1) Your facility is an area source; or (2) A MACT activity is not performed at your facility; or (3) You are not conducting a remediation activity at your facility; or (4) You do not have an affected source involved in any remediation activity conducted at the facility; or (5) Your facility is a research and development facility, consistent with section 112( b)( 7) of the CAA. (6) The remediation is performed under the authority of the Comprehensive Environmental Response and Compensation Liability Act. (7) Your remediation activity is a corrective action: (i) At a Resource Conservation and Recovery Act (RCRA) Treatment, Storage and Disposal facility (TSDF) permitted either by the U. S. Environmental Protection Agency (EPA) or under a state program authorized by EPA under RCRA section 3006; (ii) At an interim status TSDF conducted under an order imposed by EPA or a state program authorized for corrective action under RCRA section 3006; or (iii) at any facility as required by orders authorized under RCRA section 7003. (f) You are not subject to the requirements of this subpart, except for the recordkeeping requirements in § 63.7933, if all remediation activities at your facility subject to this subpart are completed and you have notified the Administrator in writing that all remediation activities subject to this subpart are completed. All future remediation activity meeting the applicability criteria in paragraph (b) of this section must comply with the requirements of this subpart.

§ 63.7882 What activities at my facility does this subpart cover?

(a) This subpart applies to each new, reconstructed, or existing remediation affected source. The emissions sources listed in paragraphs (b)( 1) through (3) of this section located at a facility meeting the criteria specified in § 63.7881( a) constitute the affected source: (b)( 1) Process vents. The affected source is the entire group of process vents associated with both in situ and ex situ remediation. (2) Remediation material management units. The affected source is the entire group of tanks, surface impoundments, containers, oil/ water separators, organic/ water separators and transfer systems involved in remediation. For the purpose of implementing the standards under this subpart, a unit that meets the definition of a tank or container that is also equipped with a vent that serves as a process vent for processes including, but not limited to, air stripping and solvent extraction, as defined in § 63.7942, is not a remediation material management unit, but instead is a process vent and is to be included in the appropriate affected source group under paragraph (b)( 1) of this section. (3) Equipment leaks. The affected source is the entire group of equipment components (pumps, valves, etc.) involved in remediation, meeting both of the conditions specified in paragraphs (b)( 3)( i) and (ii) of this section. If either of these conditions do not apply to an equipment component, then that component is not part of the affected source for equipment leaks. (i) The equipment component contains or contacts remediation material having a total HAP concentration equal to or greater than 10 percent by weight; and (ii) The equipment component is intended to operate for 300 hours or more during a calendar year in remediation material service, as defined in § 63.7942. (c) Exceptions. (1) Facility wide exemption. You are exempt from the requirements of this subpart where the total annual quantity of HAP contained in all extracted remediation material at the facility (including HAP emitted from process vents) is less than 1 megagram per year. For your facility to be exempt under the provisions of this paragraph, you must meet the requirements in paragraphs (c)( 1)( i) through (iii) of this section. (i) You must prepare an initial determination of the total annual HAP quantity in the extracted remediation material at the facility. This determination is based on the total quantity of HAP in Table 1 of this subpart as determined at the point ofextraction for each remediation material component. The quantity of HAP contained in vent streams from in situ remediation operations must be included in the determination of the total annual organic HAP quantity in Table 1 of this subpart. The HAP quantity in the vent streams must be determined prior to any control devices. (ii) You must prepare a new determination whenever the extent of changes to the quantity or composition of the remediation material extracted at the facility could cause the total annual HAP quantity in Table 1 of this subpart in the extracted remediation material to exceed 1 megagram per year. (iii) You must maintain documentation to support your determination of the total annual HAP quantity in the extracted remediation material. This documentation must include the basis and data used for determining the HAP content of the extracted remediation material. (2) Affected source exemption. Any affected source that is also subject to another subpart under 40 CFR part 61 or 40 CFR part 63, where you are controlling the HAP in Table 1 of this subpart that are emitted from the source in compliance with the provisions specified in the other applicable subpart under part 61 or 63, is exempt from the requirements of §§ 63.7883 through 63.7933. (3) Process vents. You are exempt from the requirements of §§ 63.7890 through 63.7933 for process vents if any of the criteria listed in paragraphs (c)( 3)( i) through (iv) of this section are met, except that the records of the determination of these criteria must be maintained as required in § 63.7932( a)( 4): (i) Affected process vents where the emissions of HAP in Table 1 of this subpart from all vents at the facility involved in remediation are below 1.4 kilograms per hour (3 pounds per hour) and 2.8 megagrams per year (3.1 tons per year) as determined by the procedures specified in § 63.7912( f). (ii) Individual process vents associated with ex situ remediation operations that manage remediation material with a Table 1 (of this subpart) HAP concentration less than 10 parts per million by weight (ppmw). The HAP concentration must be determined in accordance with the procedures specified in § 63.7912( a). Documentation must be prepared by the owner or operator and maintained at the facility to support the determination of the remediation material concentration. This documentation must include identification of each process vent exempted under this paragraph and any test results used to determine the HAP concentration. (iii) Individual process vents where you determine that the process vent stream flow rate is less than 6.0 cubic meters per minute (m 3 /min) at standard conditions (as defined in 40 CFR 63.2) and the total HAP concentration is less than 20 parts per million by volume (ppmv). The process vent stream flow rate and total HAP concentration must be determined in accordance with the procedures specified in § 63.694( m). For the purposes of this subpart, when you read the term `` HAP listed in Table 1 of this subpart'' in 40 CFR Subpart DD, you should refer to Table 1 of this Subpart. Documentation must be prepared by the owner or operator and maintained at the facility to support the VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49422 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules determination of the process vent stream flow rate and total HAP concentration. This documentation must include identification of each process vent exempted under this paragraph and the test results used to determine the process vent stream flow rate and total HAP concentration. You must perform a new determination of the process vent stream flow rate and total HAP concentration when the extent of changes to operation of the unit on which the process vent is used could cause either the process vent stream flow rate to exceed the limit of 6.0 m 3 /min or the total HAP concentration to exceed the limit of 20 ppmv. (iv) Individual process vents where you determine that the process vent stream flow rate is less than 0.005 m 3 / min at standard conditions (as defined in 40 CFR 63.2). The process vent stream flow rate must be determined in accordance with the procedures specified in § 63.694( m). Documentation must be prepared by the owner or operator and maintained at the facility to support the determination of the process vent stream flow rate. This documentation must include identification of each process vent exempted under this paragraph and the test results used to determine the process vent stream flow rate. (4) Remediation material management units. You are exempt from the requirements of §§ 63.7890 through 63.7932 for units where any of the criteria listed in paragraphs (c)( 4)( i) or (ii) of this section are met, except that the records of the determination of these criteria must be maintained as required in § 63.7932( a)( 4): (i) The volatile organic HAP (VOHAP) concentration of the remediation material managed in the unit is less than 500 ppmw. You must follow the requirements in § 63.7912( a) to demonstrate that the VOHAP concentration of the remediation material is less than 500 ppmw. Once the VOHAP concentration has been determined to be less than 500 ppmw, all management units downstream from the point of determination are exempt from the control requirements of this subpart unless a remediation process is used that concentrates all, or part of, the remediation material being managed in the unit such that the VOHAP concentration equals or exceeds 500 ppmw (e. g., free product separation). (ii) At your discretion, one or a combination of remediation material management units may be exempted from the requirements in this subpart when the quantity of total annual HAP in Table 1 of this subpart placed in the units exempted under this paragraph is less than 1 megagram per year. For the units to be exempted from the requirements of this subpart, you must meet the requirements in § 63.683( b)( 2)( ii)( A) and (B). You may change the units selected to be exempted under this paragraph by preparing a new designation for the exempt units as required by § 63.683( b)( 2)( ii)( A) and performing a new determination as required by § 63.683( b)( 2)( ii)( B). (5) Tanks and surface impoundments. You are exempt from the requirements of §§ 63.7890 (excluding § 63.7890( a)) through 63.7932 for any tank or surface impoundment used for biological treatment processes where the requirements of § 63.683( b)( 2)( iii)( A) or (B) and monitored in accordance with § 63.684( e)( 4) are met, except that the records of the determination of these criteria must be maintained as required in § 63.7932( a)( 4). (6) Cleanup of any contamination where removal or treatment of the material begins within seven days from the time that the contamination occurs. The cleanup process should be continuous (i. e., performed every workday) and typically completed in 30 days or less. (7) Radioactive mixed waste managed in accordance with all applicable regulations under the Atomic Energy Act and the Nuclear Waste Policy Act authorities. (d) An affected source is a new affected source if you commenced construction of the affected source after July 30, 2002 and you meet the applicability criteria in § 63.7881 at the time you commenced construction. (e) An affected source is reconstructed if you meet the criteria as defined in § 63.2 of subpart A of this part. (f) An affected source is existing if it is not new or reconstructed.

§ 63.7883 When do I have to comply with this subpart?

(a) If you have a new or reconstructed affected source, you must comply with this subpart according to the guidance in paragraphs (a)( 1) and (2) of this section. (1) If you startup your affected source before the effective date of the subpart, then you must comply with the emissions limitations and work practice standards in this subpart no later than the effective date of the subpart. If you startup your affected source before the effective date of the subpart, but the affected source will not operate on or after the effective date of the subpart, then that affected source is not subject to any of the requirements contained in this subpart. (2) If you startup your affected source after the effective date of the subpart, then you must comply with the emissions limitation and work practice standards in this subpart upon startup of your affected source. (b) If you have an existing affected source, you must comply with the emissions limitations and work practice standards for existing sources no later than 3 years after [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register]. If you have an existing affected source that will not be in operation on or after 3 years after [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], then the affected source is not subject to any of the requirements contained in this subpart. (c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, paragraphs (c)( 1) and (2) of this section apply: (1) Any portion of the existing facility that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup. (2) All other parts of the source must be in compliance with this subpart by no later than 3 years after it becomes a major source. (d) You must meet the notification requirements in § 63.7931( a) according to the schedule in § 63.7931( b) and in subpart A of this part. Some of the notifications must be submitted before you are required to comply with the emissions limitations and work practice standards in this subpart.

Emissions Limitations and Work Practice Standards § 63.7890 What emissions limitations and work practice standards must I meet?

(a) You must meet each emissions limitation for process vent affected sources in Table 2 of this subpart that applies to you. (b) You must meet each emissions limitation for remediation material management unit affected sources in Table 3 of this subpart that applies to you. (c) You must meet each operating limit in Table 4 of this subpart that applies to you. In lieu of the operating limits in Table 4 of this subpart, you may choose to establish an operating limit based on total organic or HAP emissions concentration using a continuous emissions monitoring system (CEMS). In this case, the average outlet total organic or HAP VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49423 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules concentration in any 24 hour period must not exceed the average concentration established during the performance test (see § 63.7913( f)). (d) You must meet each work practice standard in Table 5 of this subpart that applies to you. (e) As provided in § 63.6( g), you may request approval from the EPA to use an alternative to the work practice standards in this section. If you apply for permission to use an alternative to the work practice standards in this section, you must submit the information described in § 63.6( g)( 2).

General Compliance Requirements § 63.7900 What are my general requirements for complying with this subpart?

(a) You must be in compliance with the emissions limitations (including operating limits) and the work practice standards in this subpart at all times, except during periods of startup, shutdown, and malfunction. (b) You must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6( e)( 1)( i). (c) You must develop and implement a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in § 63.6( e)( 3). (d) For each monitoring system required in this section, you must develop and make available for inspection by the permitting authority, upon request, a site specific monitoring plan that addresses the following: (1) Installation of the continuous monitoring system (CMS) sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e. g., on or downstream of the last control device); (2) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction system; and (3) Performance evaluation procedures and acceptance criteria (e. g., calibrations). (e) In your site specific monitoring plan, you must also address the following: (1) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8( c)( 1), (3), (4)( ii), (7), and (8); (2) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8( d); and (3) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10( c), (e)( 1), and (e)( 2)( i). (f) You must conduct a performance evaluation of each CMS in accordance with your site specific monitoring plan. (g) You must operate and maintain the CMS in continuous operation according to the site specific monitoring plan.

§ 63.7901 What requirements must I meet if I transfer remediation material to another party, another facility or receive remediation material from another facility?

(a) You may elect to transfer remediation material to an on site remediation operation not owned or operated by the owner or operator of the remediation material, or to an off site treatment operation. If you manage remediation material meeting the criteria in § 63.7882 you must comply with the requirements in paragraphs (a)( 1) through (4) of this section. (1) The owner or operator transferring the remediation material must: (i) Comply with the provisions specified in §§ 63.7890 through 63.7933 of this subpart for each affected source that manages remediation material prior to shipment or transport. (ii) Include a notice with the shipment or transport of each remediation material item. The notice must state that the remediation material contains organic HAP that are to be treated in accordance with the provisions of this subpart. When the transport is continuous or ongoing (for example, discharge to a publicly owned treatment works), the notice must be submitted to the treatment operator initially and whenever there is a change in the required treatment. (2) You may not transfer the remediation material unless the transferee has submitted to the EPA a written certification that the transferee will manage and treat the remediation material received from a source subject to the requirements of this subpart in accordance with the requirements of §§ 63.7890 through 63.7933. The certifying entity may revoke the written certification by sending a written statement to the EPA and the owner or operator providing at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the regulatory provisions listed in this paragraph. Upon expiration of the notice period, you may not transfer the remediation material to the treatment operation. (3) By providing this written certification to the EPA, the certifying entity accepts responsibility for compliance with the regulatory provisions listed in paragraph (a)( 2) of this section with respect to any shipment of remediation material covered by the written certification. Failure to abide by any of those provisions with respect to such shipments may result in enforcement action by the EPA against the certifying entity in accordance with the enforcement provisions applicable to violations of these provisions by owners or operators of sources. (4) Written certifications and revocation statements to the EPA from the transferees of remediation material must be signed by the responsible official of the certifying entity, provide the name and address of the certifying entity, and be sent to the appropriate EPA Regional Office at the addresses listed in 40 CFR 63.13. Such written certifications are not transferable by the treater.

Testing and Initial Compliance Requirements § 63.7910 By what date must I conduct performance tests or other initial compliance demonstrations? (a) For existing sources, you must conduct performance tests within 180 calendar days after the compliance date that is specified for your source in § 63.7883( b). (b) For new sources, you must conduct initial performance tests and other initial compliance demonstrations according to the provisions in § 63.7( a)( 2)( i) and (ii).

§ 63.7911 When must I conduct subsequent performance tests? For non flare control devices, you must conduct the performance testing required in Table 6 of this subpart at any time the EPA requires you to in accordance with section 114 of the CAA.

§ 63.7912 What tests, design evaluations, and other procedures must I use? (a) Determination of average VOHAP concentration of material prior to, or at, the point of management or treatment. This section specifies the testing methods and procedures required for determining the average VOHAP concentration for remediation material. (1) These methods may be used to determine the average VOHAP concentration of any material listed in (a)( 1)( i) through (iii) of this section. (i) A single remediation material stream; or (ii) Two or more remediation material streams that are combined prior to, or within, a management or treatment unit or operation; or (iii) Remediation material that is combined with one or more nonVerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49424 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules remediation material streams prior to, or within, a management or treatment operation or unit. (2) The average VOHAP concentration of a material must be determined using either direct measurement as specified in paragraph (a)( 3) of this section or by knowledge as specified in paragraph (a)( 4) of this section. (3) Direct measurement to determine VOHAP concentration. (i) Sampling. Samples of each material stream must be collected from the container, pipeline, or other device used to deliver each material stream prior to entering the treatment or management unit in a manner such that volatilization of organics contained in the sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method. (A) The averaging period to be used for determining the average VOHAP concentration for the material stream on a mass weighted average basis must be designated and recorded. The averaging period can represent any time interval that the owner or operator determines is appropriate for the material stream but must not exceed 1 year. For streams that are combined, an averaging period representative for all streams must be selected. (B) No less than four samples must be collected to represent the complete range of HAP compositions and HAP quantities that occur in each material stream during the entire averaging period due to normal variations in the material stream( s). Examples of such normal variations are variation of material HAP concentration within a contamination area or seasonal variations in non remediation material quantity. (C) All samples must be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan must describe the procedure by which representative samples of the material stream( s) are collected such that a minimum loss of organics occurs throughout the sample collection and handling process and by which sample integrity is maintained. A copy of the written sampling plan must be maintained on site in the facility operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in `` Test Methods for Evaluating Solid Waste, Physical/ Chemical Methods, '' EPA Publication No. SW– 846 or Method 25D in 40 CFR part 60, appendix A. (ii) Analysis. Each collected sample must be prepared and analyzed in accordance with either one of the methods listed in § 63.694( b)( 2)( ii), or any current EPA Contracts Lab Program method (or future revisions) capable of identifying all the HAP in Table 1 of this subpart. (iii) Calculations. The average VOHAP concentration C on a massweighted basis must be calculated by using the results for all samples analyzed in accordance with paragraph (a)( 3)( ii) of this section and Equation 1 of this section as follows:

C Q Q C T i i n = × × ( ) i=   1 1 (Eq. 1)

where: C = Average VOHAP concentration of the material on a mass weighted basis, ppmw. i= Individual sample `` i'' of the material. n = Total number of samples of the material collected (at least 4 per stream) for the averaging period (not to exceed 1 year). Qi = Mass quantity of material stream represented by Ci, kilograms per hour (kg/ hr). QT = Total mass quantity of all material during the averaging period, kg/ hr. Ci = Measured VOHAP concentration of sample `` i'' as determined in accordance with the requirements of (a)( 3)( ii) of this section, ppmw. (4) Knowledge of the material to determine VOHAP concentration. (i) Documentation must be prepared that presents the information used as the basis for the owner's or operator's knowledge of the material stream's average VOHAP concentration. Examples of information that may be used as the basis for knowledge include: material balances for the source( s) generating each material stream; species specific chemical test data for the material stream from previous testing that are still applicable to the current material stream; test data for material from the contamination area( s) being remediated; or other knowledge based on information included in manifests, shipping papers, or waste certification notices. (ii) If test data are used as the basis for knowledge, then the owner or operator must document the test method, sampling protocol, and the means by which sampling variability and analytical variability are accounted for in the determination of the average VOHAP concentration. For example, an owner or operator may use HAP concentration test data for the material stream that are validated in accordance with Method 301 in 40 CFR part 63, appendix A of this part as the basis for knowledge of the material. This information must be provided for each material stream where streams are combined. (iii) An owner or operator using species specific chemical concentration test data as the basis for knowledge of the material may adjust the test data to the corresponding average VOHAP concentration value which would be obtained had the material samples been analyzed using Method 305. To adjust these data, the measured concentration for each individual HAP chemical species contained in the material is multiplied by the appropriate species specific adjustment factor (fm305) listed in Table 1 of this subpart. (iv) In the event that the Administrator and the owner or operator disagree on a determination of the average VOHAP concentration for a material stream using knowledge, then the results from a determination of VOHAP concentration using direct measurement as specified in paragraph (a)( 3) of this section must be used to establish compliance with the applicable requirements of this subpart. The Administrator may perform or request that the owner or operator perform this determination using direct measurement. (b) You must conduct either each performance test in Table 6 of this subpart that applies to you or each design analysis specified in § 63.693( d)( 2)( ii), (e)( 2)( ii), (f)( 2)( ii), or (g)( 2)( i)( B) that applies to you. (c) You must conduct each performance test according to the requirements in § 63.7( e)( 1) and under the specific conditions that this subpart specifies in Table 6 of this subpart. (d) You must conduct three separate test runs for each performance test required in this section, as specified in § 63.7( e)( 3). Each test run must last at least 1 hour. During the performance test conducted according to this section, you must collect the appropriate operating parameter monitoring system data (see Table 4 of this subpart), average the operating parameter data over each test run, and set operating limits, whether a minimum or maximum value, based on the average of values for each of the three test runs. If you use a control device design analysis to demonstrate control device performance, then the minimum or maximum operating parameter value must be established based on the control device design analysis and supplemented, as necessary, by the control device manufacturer VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 EP30JY02.000</ MATH> 49425 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules recommendations or other applicable information. (e) Compliance with control device percent reduction requirement. You must use Equations 2, 3 and 4 of this section to determine initial and ongoing compliance with the control device percent reduction limit in Table 2 of this subpart for the combination of all affected process vents at the facility. You must use Equations 2, 3 and 5 of this section to determine initial and ongoing compliance with the control device percent reduction limit in Table 3 of this subpart for remediation material management units, except that the references to uncontrolled vents for Equations 2 and 3 of this section do not apply. (1) To calculate control device inlet and outlet concentrations use Equations 2 and 3 as follows:

E K CMQ i ijij n i =           j=   2 1 (Eq. 2)

E K CMQ o ojoj n o =           j=   2 1 (Eq. 3)

Where: Cij, Coj = Concentration of sample component j of the gas stream at the inlet and outlet of the control device, dry basis, parts per million by volume. For uncontrolled vents, Cij = Coj and equal the concentration exiting the vent; Ei, Eo = Mass rate of total organic compounds (TOC) (minus methane and ethane) or total HAP, from Table 1 of this subpart, at the inlet and outlet of the control device, respectively, dry basis, kilogram per hour. For uncontrolled vents, Ei = Eo and equal the concentration exiting the vent; Mij, Moj = Molecular weight of sample component j of the gas stream at the inlet and outlet of the control device, respectively, gram/ gram mole. For uncontrolled vents, Mij = Moj and equal the gas stream molecular weight exiting the vent; Qi, Qo = Flowrate of gas stream at the inlet and outlet of the control device, respectively, dry standard cubic meters per minute (dscm/ min). For uncontrolled vents, Qi = Qo and equals the flowrate exiting the vent; K2 = Constant, 2.494 × 10 ¥ 6 (parts per million) ¥ 1 (gram mole per standard cubic meter)( kilogram/ gram) (minute/ hour, where standard temperature (gram mole per standard cubic meter) is 20C; n = the number of components in the sample. (2) To calculate control device emissions reductions for process vents use Equation 4 of this section as follows:

R E E E V i n o n i n =   × j= j=

j=       1 1 1 100 (Eq. 4)

Where: Rv = Overall emissions reduction for all affected process vents, percent Ei = Mass rate of TOC (minus methane and ethane) or total HAP, from Table 1 of this subpart, at the inlet to the control device, or exiting the vent for uncontrolled vents, as calculated in this section, kilograms TOC per hour or kilograms HAP per hour; Eo = Mass rate of TOC (minus methane and ethane) or total HAP, from Table 1 of this subpart, at the outlet to the control device, or exiting the vent for uncontrolled vents, as calculated in this section, kilograms TOC per hour or kilograms HAP per hour. For vents without a control device, Eo = Ei; n = number of affected source process vents. (3) To calculate control device emissions reductions for remediation material management units use Equation 5 of this section as follows:

R E E E cd i o i =   × 100 (Eq. 5)

Where: Rcd = Control efficiency of control device, percent. Ei = Mass rate of TOC (minus methane and ethane) or total HAP at the inlet to the control device as calculated under paragraph (e)( 1) of this section, kilograms TOC per hour or kilograms HAP per hour. Eo = Mass rate of TOC (minus methane and ethane) or total HAP at the outlet of the control device, as calculated under paragraph (e)( 1) of this section, kilograms TOC per hour or kilograms HAP per hour. (4) If the vent stream entering a boiler or process heater is introduced with the combustion air or as a secondary fuel, the weight percent reduction of total HAP or TOC (minus methane and ethane) across the device must be determined by comparing the TOC (minus methane and ethane) or total HAP in all combusted vent streams and primary and secondary fuels with the TOC (minus methane and ethane) or total HAP exiting the device, respectively. (f) Compliance with the total organic mass emissions rate. (1) The requirements of paragraphs (f)( 2) through (4) of this section must be used to determine compliance with the emissions rate limits in Table 2 of this subpart. (2) Initial and ongoing compliance with the total organic mass flow rates specified in Table 2 of this subpart must be determined using Equation 6 of this section as follows:

E Q CMW h sd ii n =             [ ] [ ] i=     1 6 10 0.0416 (Eq. 6)

Where:

Eh = Total organic mass flow rate, kg/ h; Qsd = Volumetric flow rate of gases entering or exiting control device (or exiting the process vent if no control device is used), as determined by Method 2, dscm/ h; n= Number of organic compounds in the vent gas; Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18; MWi = Molecular weight of organic compound i in the vent gas, kg/ kg mol; 0.0416 = Conversion from molar volume, kg mol/ m 3 (@ 293 K and 760 mm Hg); 10 ¥ 6 = Conversion from ppm, ppm ¥ 1 . (3) Ongoing compliance with the annual total organic emissions rate specified in Table 2 of this subpart must be determined using Equation 7 of this section as follows:

E EH A h = ( ) ( ) (Eq. 7)

Where: EA = Total organic mass emissions rate, kilograms per year;

VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 EP30JY02.001</ MATH> EP30JY02.002</ MATH> EP30JY02.003</ MATH> EP30JY02.004</ MATH> EP30JY02.005</ MATH> EP30JY02.006</ MATH> 49426 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules Eh = Total organic mass flow rate for the process vent, kg/ h; H = Total annual hours of operation for the affected unit, h. (4) Ongoing compliance with the total organic emissions limit from all affected process vents at the facility in Table 2 of this subpart must be determined by: (1) summing the total hourly organic mass emissions rates (Eh as determined in Equation 6 of this section); and (ii) summing the total annual organic mass emissions rates (EA, as determined in Equation 7 of this section) for all affected process vents at the facility. (g) Compliance with HAP concentration limit. (1) To determine compliance with the enclosed combustion device total HAP concentration limits specified in Table 2 of this subpart, you must use either Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 CFR part 60, appendix A, to measure either TOC (minus methane and ethane) or total HAP. Alternatively, any other method or data that have been validated according to Method 301 of appendix A of this part, may be used. The following procedures must be used to calculate ppmv concentration, corrected to 3 percent oxygen: (2) The minimum sampling time for each run must be 1 hour, in which either an integrated sample or a minimum of four grab samples must be taken. If grab sampling is used, then the samples must be taken at approximately equal intervals in time, such as 15 minute intervals during the run. (3) The TOC concentration or total HAP concentration must be calculated according to paragraph (g)( 3)( i) or (ii) of this section. (i) The TOC concentration is the sum of the concentrations of the individual components and must be computed for each run using Equation 8 of this section as follows:

C C X TOC ji n x = i=

i=     1 1 (Eq. 8)

Where: CTOC = Concentration of total organic compounds minus methane and ethane, dry basis, parts per million by volume. Cji = Concentration of sample component j of sample i, dry basis, parts per million by volume. n = Number of components in the sample. X = Number of samples in the sample run. (ii) The total HAP concentration must be computed according to Equation 8 in paragraph (g)( 3)( i) of this section, except that only HAP listed in Table 1 of this subpart must be summed. (4) The TOC concentration or total HAP concentration must be corrected to 3 percent oxygen according to paragraphs (g)( 4)( i) and (ii) of this section. (i) The emissions rate correction factor or excess air, integrated sampling and analysis procedures of Method 3B, 40 CFR part 60, appendix A, must be used to determine the oxygen concentration. The samples must be taken during the same time that the samples are taken for determining TOC concentration or total HAP concentration. (ii) The TOC and HAP concentration must be corrected for percent oxygen by using Equation 9 of this section as follows:

C C O c m =             9 2d 17.9

20.% (Eq. 9)

Where: Cc = TOC concentration or total HAP concentration corrected to 3 percent oxygen, dry basis, parts per million by volume. Cm = TOC concentration or total HAP concentration, dry basis, parts per million by volume. %O2d = Concentration of oxygen, dry basis, percent by volume. (h) You must conduct each design evaluation of a control device according to the specific requirements for the control device in § 63.693( c) through (h). For the purposes of this subpart, when you read the term `` HAP listed in Table 1 of this subpart'' in 40 CFR Subpart DD, you should refer to Table 1 of this subpart. (i) You may not conduct performance tests during periods of startup, shutdown, or malfunction, as specified in § 63.7( e)( 1). (j) When conducting testing to comply with a HAP or TOC reduction efficiency limit, you must conduct simultaneous sampling at the inlet and outlet of the control device. You must conduct inlet sampling after the final product recovery device. If a vent stream is introduced with the combustion air or as an auxiliary fuel into a boiler or process heater, the location of the inlet sampling sites must be selected to ensure that the measurement of total HAP concentration or TOC concentration includes all vent streams and primary and secondary fuels introduced into the boiler or process heater. (k) When complying with the emissions rate limit in row (1)( b) of Table 2 of this subpart or a HAP or TOC emissions concentration limit in Table 3 of this subpart, you must conduct sampling at the outlet of the control device. (l) If you use Method 18, 40 CFR part 60, appendix A, either an integrated sample or a minimum of four grab samples must be taken. If you use grab sampling, then you must take the grab samples at approximately equal intervals in time (such as 15 minutes) during the run. Also, you must first determine which HAP are present in the inlet gas stream using knowledge of the remediation material or the screening procedure described in Method 18, 40 CFR part 60, appendix A, quantify the emissions for all HAP identified as present in the inlet gas stream for both the inlet and outlet gas streams of the control device. (m) If you use Method 25A, 40 CFR part 60, appendix A, you must calibrate the instrument in accordance with the monitoring plan of § 63.7900 using the single organic HAP representing the largest percent by volume of the emissions. The Method 25A, 40 CFR part 60, appendix A, results are acceptable if: (1) the response from the high level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on its most sensitive scale, and (2) the span value of the analyzer must be less than 100 ppmv. (n) You must conduct each CMS performance evaluation according to the requirements in § 63.8( e).

§ 63.7913 What are my monitoring installation, operation, and maintenance requirements?

(a) You must install, operate, and maintain each CMS according to the requirements in § 63.695( a) through (d), (e)( 1) and (e)( 2). In addition, you must collect and analyze temperature, flow, pressure, or pH data according to the requirements in paragraphs (a)( 1) through (4) of this section: (1) To calculate a valid hourly value, you must have at least three of four equally spaced data values (or at least two, if that condition is included to allow for periodic calibration checks) for that hour from a CMS that is not out of control according to the monitoring plan referenced in § 63.7900. (2) To calculate the average emissions for each averaging period, you must have at least 75 percent of the hourly averages for that period using only block hourly average values that are based on valid data (i. e., not from out of control periods).

VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 EP30JY02.007</ MATH> EP30JY02.008</ MATH> 49427 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules (3) Determine the hourly average of all recorded readings. (4) Record the results of each inspection, calibration, and validation check. (b) For each temperature monitoring device, you must meet the requirements in paragraph (a) of this section and also meet the requirements in paragraphs (b)( 1) through (8) of this section: (1) Locate the temperature sensor in a position that provides a representative temperature. (2) For a noncryogenic temperature range, use a temperature sensor with a minimum measurement sensitivity of 2.2 C or 0.75 percent of the temperature value, whichever is larger. (3) For a cryogenic temperature range, use a temperature sensor with a minimum measurement sensitivity of 2.2 C or 2 percent of the temperature value, whichever is larger. (4) Shield the temperature sensor system from electromagnetic interference and chemical contaminants. (5) If a chart recorder is used, it must have a sensitivity in the minor division of at least 20 F. (6) Perform an electronic calibration at least semiannually according to the procedures in the manufacturer's owners manual. Following the electronic calibration, you must conduct a temperature sensor validation check in which a second or redundant temperature sensor placed nearby the process temperature sensor must yield a reading within 16.7 C of the process temperature sensor's reading. (7) Conduct calibration and validation checks any time the sensor exceeds the manufacturer's specified maximum operating temperature range or install a new temperature sensor. (8) At least monthly, inspect all components for integrity and all electrical connections for continuity, oxidation, and galvanic corrosion. (c) For each flow measurement device, you must meet the requirements in paragraphs (a)( 1) through (4) and paragraphs (c)( 1) through (5) of this section: (1) Locate the flow sensor and other necessary equipment such as straightening vanes in a position that provides a representative flow. (2) Use a flow sensor with a minimum measurement sensitivity of 2 percent of the flow rate. (3) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (4) Conduct a flow sensor calibration check at least semi annually. (5) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (d) For each pressure measurement device, you must meet the requirements in paragraph (a)( 1) through (4) and paragraphs (d)( 1) through (7) of this section. (1) Locate the pressure sensor( s) in or as close to a position that provides a representative measurement of the pressure. (2) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (3) Use a gauge with a minimum measurement sensitivity of 0.5 inch of water or a transducer with a minimum measurement sensitivity of 1 percent of the pressure range. (4) Check pressure tap pluggage daily. (5) Using a manometer, check gauge calibration quarterly and transducer calibration monthly. (6) Conduct calibration checks any time the sensor exceeds the manufacturer's specified maximum operating pressure range or install a new pressure sensor. (7) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (e) For each pH measurement device, you must meet the requirements in paragraph (a)( 1) through (4) and paragraphs (e)( 1) through (4) of this section: (1) Locate the pH sensor in a position that provides a representative measurement of pH. (2) Ensure the sample is properly mixed and representative of the fluid to be measured. (3) Check the pH meter's calibration on at least two points every 8 hours of process operation. (4) At least monthly, inspect all components for integrity and all electrical connections for continuity. (f) Alternative to parametric monitoring for any control device. As an alternative to the parametric monitoring required in paragraphs (a) through (e) of this section, you may install, calibrate, and operate a CEMS to measure the control device outlet total organic emissions or organic HAP emissions concentration. The CEMS used on combustion control devices must include a diluent gas monitoring system (for O2 or CO2) with the pollutant monitoring system in order to correct for dilution (e. g., to 0 percent excess air). You must verify the performance of the CEMS initially according to the procedures in Performance Specification 8 (for a total organic emissions CEMS) or Performance Specification 9 (for a HAP emissions CEMS) and Performance Specification 3 (for an O2 or CO2 CEMS) of appendix B of 40 CFR part 60. The relative accuracy provision of Performance specification 8, sections 2.4 and 3 need not be conducted. You must prepare a sitespecific monitoring plan for operating, calibrating, and verifying the operation of your CEMS in accordance with the requirements in §§ 63.8( c), (d), and (e). You must establish the emissions concentration operating limit according to paragraphs (f)( 1),( 2), and (3) of this section. (1) During the performance test required by § 63.7912, you must monitor and record the total organic or HAP emissions concentration at least once every 15 minutes during each of the three test runs. (2) Use the data collected during the performance test to calculate and record the average total organic or HAP emissions concentration maintained during the performance test. The average total organic or HAP emissions concentration, corrected for dilution as appropriate, is the maximum operating limit for your control device. (3) Use the CEMS data to verify that the daily (24 hour) average total organic or HAP emissions concentration remain below the established operating limit.

§ 63.7914 How do I demonstrate initial compliance with the emissions limitations and work practice standards? (a) You must demonstrate initial compliance with each emissions limitation and work practice standard that applies to you according to Tables 7 and 8 of this subpart. (b) You must establish each sitespecific operating limit in Table 4 of this subpart that applies to you according to the requirements in § 63.7912 and Table 6 of this subpart. (c) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.7931( e).

Continuous Compliance Requirements § 63.7920 How do I monitor and collect data to demonstrate continuous compliance? (a) You must monitor and collect data according to this section and the monitoring plan of § 63.7900. (b) Except for monitor malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must monitor continuously (or collect data at all required intervals) at all times that the affected source is operating.

VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49428 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules (c) You may not use data recorded during monitoring malfunctions, associated repairs, out of control periods and required quality assurance or control activities in data averages and calculations used to report emissions or operating levels, nor may such data be used in fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system.

§ 63.7921 How do I demonstrate continuous compliance with the emissions limitations, operating limits and work practice standards? (a) You must demonstrate continuous compliance with each emissions limitation, operating limit and work practice standard in Tables 2 through 5 of this subpart that applies to you according to methods specified in Tables 9, 10, and 11 of this subpart. (b) You must report each instance in which you did not meet each emissions limitation and each operating limit in Tables 9 and 10 of this Subpart that apply to you. This includes periods of startup, shutdown, and malfunction. You must also report each instance in which you did not meet the requirements in Table 11 of this subpart that apply to you. These instances are deviations from the emissions limitations and work practice standards in this subpart. These deviations must be reported according to the requirements in § 63.7931. (c) During periods of startup, shutdown, and malfunction, you must operate in accordance with the startup, shutdown, and malfunction plan. (d) Consistent with §§ 63.6( e) and 63.7( e)( 1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with the startup, shutdown, and malfunction plan. We will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in § 63.6( e).

Notification, Reports, and Records § 63.7930 What notifications must I submit and when? (a) You must submit all of the notifications in §§ 63.7( b) and (c), 63.8( e), 63.8( f)( 4) and (6), and 63.9( b) through (h) that apply to you. (b) As specified in § 63.9( b)( 2), if you start up your affected source before [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], you must submit an Initial Notification not later than 120 calendar days after [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register]. (c) As specified in § 63.9( b)( 3), if you start up your new or reconstructed affected source on or after the effective date, you must submit an Initial Notification no later than 120 calendar days after initial startup. (d) If you are required to conduct a performance test, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as required in § 63.7( b)( 1). (e) If you are required to conduct a performance test, design evaluation, or other initial compliance demonstration as specified in Tables 6, 7, or 8 of this subpart, you must submit a Notification of Compliance Status according to § 63.9( h)( 2)( ii). (1) For each initial compliance demonstration required in Tables 7 or 8 of this subpart that does not include a performance test, you must submit the Notification of Compliance Status before the close of business on the 30th calendar day following the completion of the initial compliance demonstration. (2) For each initial compliance demonstration required in Tables 6, 7 or 8 of this subpart that includes a performance test conducted according to the requirements in Table 6 of this subpart, you must submit the Notification of Compliance Status, including the performance test results, before the close of business on the 60th calendar day following the completion of the performance test according to § 63.10( d)( 2).

§ 63.7931 What reports must I submit and when?

(a) You must submit each report in Table 12 of this subpart that applies to you. (b) Unless the Administrator has approved a different schedule for submission of reports under § 63.10( a), you must submit each report by the date in Table 12 of this subpart and according to the requirements in paragraphs (b)( 1) through (5) of this section: (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.7883 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in § 63.7883. (2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in § 63.7883. (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)( 1) through (4) of this section. (c) The compliance report must contain the information in paragraphs (c)( 1) through (7) of this section: (1) Company name and address. (2) Statement by a responsible official, including that official's name, title, and signature, certifying the truth, accuracy and completeness of the content of the report. (3) Date of report and beginning and ending dates of the reporting period. (4) Any changes to the information listed in paragraph (d) of this section that have occurred since the last report. (5) If you had a startup, shutdown or malfunction during the reporting period and you took actions consistent with your startup, shutdown, and malfunction plan, the compliance report must include the information in § 63.10( d)( 5)( i). (6) If there are no deviations from any emissions limitations (emissions limit or operating limit) that applies to you and there are no deviations from the requirements for work practice standards in Table 11 of this subpart, a statement that there were no deviations from the emissions limitations or work practice standards during the reporting period. (7) If there were no periods during which the CMS and operating parameter monitoring systems were out of control as specified in § 63.8( c)( 7), a statement that there were no periods during the which the CMS was out of control during the reporting period. (d) For each deviation from an emissions limitation (emissions limit,

VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49429 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules operating limit) and for each deviation from the requirements for work practice standards in Table 11 of this subpart that occurs at an affected source where you are not using a CMS to comply with the emissions limitations or work practice standards in this subpart, the compliance report must contain the information in (c)( 1) through (4) of this section, and paragraphs (d)( 1) and (2) of this section. This includes periods of startup, shutdown, and malfunction. (1) The total operating time of each affected source during the reporting period. (2) Information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the action taken to correct the cause of the deviation. (e) For each deviation from an emissions limitation (emissions limit, operating limit) occurring at an affected source where you are using a CMS in accordance with the monitoring plan of § 63.7900 to comply with the emissions limitation in this subpart, you must include the information in paragraphs (c)( 1) through (4), and paragraphs (e)( 1) through (12) of this section. This includes periods of startup, shutdown, and malfunction. (1) The date and time that each malfunction started and stopped. (2) The date and time that each CMS was inoperative, except for zero lowlevel and high level checks. (3) The date, time and duration that each CMS was out of control, including the information in § 63.8( c)( 8). (4) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. (5) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period. (6) A breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (7) A summary of the total duration of CMS downtime during the reporting period and the total duration of CMS downtime as a percent of the total source operating time during that reporting period. (8) An identification of each hazardous air pollutant that was monitored at the affected source. (9) A brief description of the process units. (10) A brief description of the CMS. (11) The date of the latest CMS certification or audit. (12) A description of any changes in CMS, processes, or controls since the last reporting period. (f) Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A). If an affected source submits a compliance report pursuant to Table 12 of this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A), and the compliance report includes all required information concerning deviations from any emissions limitation( including any operating limit), or work practice requirement in this subpart, submission of the compliance report must be deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report must not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permit authority.

§ 63.7932 What records must I keep?

(a) You must keep records as described in paragraphs (a)( 1) through (4) of this section: (1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted, according to the requirements in § 63.10( b)( 1) and (b)( 2)( xiv). (2) The records in § 63.6( e)( 3)( iii) through (v) related to startups, shutdowns, and malfunctions. (3) Results of performance tests. (4) The records of initial and ongoing determinations for affected sources that are exempt from control requirements under this subpart. (b) For each CMS, you must keep the records as described in paragraphs (b)( 1) and (2) of this section: (1) Records described in § 63.10( b)( 2)( vi) through (xi) that apply to your CMS. (2) Performance evaluation plans, including previous (i. e., superseded) versions of the plan as required in § 63.8( d)( 3). (c) You must keep the records required in Tables 9, 10, and 11 of this subpart to show continuous compliance with each emissions limitation and work practice standard that applies to you.

§ 63.7933 In what form and how long must I keep my records?

(a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10( b)( 1). (b) As specified in § 63.10( b)( 1), you must keep your files of all information (including all reports and notifications) for 5 years following the date of each occurrence, measurement, maintenance, action taken to correct the cause of a deviation, report, or record. (c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10( b)( 1). You can keep the records offsite for the remaining 3 years. (d) If, after the remediation activity is completed, there is no other remediation activity at the facility, and you are no longer the owner of the facility, you may keep all records for the completed remediation activity at an offsite location provided you notify the Administrator in writing of the name, address and contact person for the offsite location.

Other Requirements and Information § 63.7940 What parts of the General Provisions apply to me?

Table 13 of this subpart shows which parts of the General Provisions in § 63.1–§ 63.15 apply to you.

§ 63.7941 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the EPA, or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency, in addition to the EPA, has the authority to implement and enforce this subpart. You should contact your EPA Regional Office (see list in § 63.13) to find out if this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this Subpart to a State, local, or tribal agency under section 40 CFR part 63, Subpart E, the authorities contained in paragraph (c) of this section are retained by the Administrator of EPA and are not transferred to the State, local, or tribal agency. (c) The authorities that cannot be delegated to State, local, or tribal agencies are as follows. (1) Approval of alternatives to the non opacity emissions limitations and VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49430 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules work practice standards in § 63.7890( a) through (d) under § 63.6( g). (2) Approval of major changes to test methods under § 63.7( e)( 2)( ii) and (f) and as defined in § 63.90. (3) Approval of major changes to monitoring under § 63.8( f) and as defined in § 63.90. (4) Approval of major changes to recordkeeping and reporting under § 63.10( f) and as defined in § 63.90.

§ 63.7942 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, the General Provisions of this part, and in this section. If the same term is defined in another subpart and in this section, it will have the meaning given in this section for purposes of this subpart. Air stripping means a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers and bubble cap, sieve, or valve type plate towers are among the process configuration used for contacting the air and a liquid. Boiler means an enclosed combustion device that extracts useful energy in the form of steam and is not an incinerator or a process heater. Closed vent system means a system that is not open to the atmosphere and is composed of hard piping, ductwork, connections, and, if necessary, fans, blowers, or other flow inducing device that conveys gas or vapor from an emissions point to a control device. Closure device means a cap, hatch, lid, plug, seal, valve, or other type of fitting that prevents or reduces air pollutant emissions to the atmosphere by blocking an opening in a cover when the device is secured in the closed position. Closure devices include devices that are detachable from the cover (e. g., a sampling port cap), manually operated (e. g., a hinged access lid or hatch), or automatically operated (e. g., a spring loaded pressure relief valve). Container means a portable unit used to hold material. Examples of containers include, but are not limited to drums, dumpsters, roll off boxes, bulk cargo containers commonly known as portable tanks or totes, cargo tank trucks, dump trucks and tank rail cars. Continuous record means documentation of data values measured at least once every 15 minutes and recorded at the frequency specified in this subpart. Continuous recorder means a data recording device that either records an instantaneous data value at least once every 15 minutes or records 15 minutes or more frequent block averages. Continuous seal means a seal that forms a continuous closure that completely covers the space between the edge of the floating roof and the wall of a tank. A continuous seal may be a vapor mounted seal, liquid mounted seal, or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal. Control device means equipment used for recovering or oxidizing organic vapors. Examples of such equipment include but are not limited to carbon adsorbers, condensers, vapor incinerators, flares, boilers, and process heaters. Cover means a device that prevents or reduces air pollutant emissions to the atmosphere by forming a continuous barrier over the remediation material managed in a unit. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance, and repair of the unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the unit (such as a tarp) or a cover may be formed by structural features permanently integrated into the design of the unit. Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emissions limitation (including any operating limit), or work practice standard; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emissions limitation, (including any operating limit), or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. Emissions limitation means any emissions limit, opacity limit, operating limit, or visible emissions limit. Emissions point means an individual tank, surface impoundment, container, oil/ water, organic/ water separator, transfer system, vent, or enclosure. Enclosure means a structure that surrounds a tank or container, captures organic vapors emitted from the tank or container, and vents the captured vapor through a closed vent system to a control device. Equipment means each pump, pressure relief device, sampling connection system, valve, and connector used in remediation material service at a facility. External floating roof means a pontoon type or double deck type cover that rests on the liquid surface in a tank with no fixed roof. Facility means all contiguous or adjoining property that is under common control including properties that are separated only by a road or other public right of way. Common control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, or any combination thereof. A unit or group of units within a contiguous property that are not under common control (e. g., a wastewater treatment unit located at the facility but is owned by a different company) is a different facility. Fixed roof means a cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the liquid managed in the unit. Flame zone means the portion of the combustion chamber in a boiler or process heater occupied by the flame envelope. Floating roof means a cover consisting of a double deck, pontoon single deck, or internal floating cover which rests upon and is supported by the liquid being contained, and is equipped with a continuous seal. HAP means hazardous air pollutants. Hard piping means pipe or tubing that is manufactured and properly installed in accordance with relevant standards and good engineering practices. Individual drain system means a stationary system used to convey wastewater streams or residuals to a remediation material management unit or to discharge or disposal. The term includes hard piping, all drains and junction boxes, together with their associated sewer lines and other junction boxes (e. g., manholes, sumps, and lift stations) conveying wastewater streams or residuals. For the purpose of this subpart, an individual drain system is not a drain and collection system that is designed and operated for the sole purpose of collecting rainfall runoff (e. g., stormwater sewer system) and is segregated from all other individual drain systems. Internal floating roof means a cover that rests or floats on the liquid surface (but not necessarily in complete contact with it inside a tank that has a fixed roof).

VerDate Jul< 25> 2002 21: 12 Jul 29, 2002 Jkt 197001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 30JYP2. SGM pfrm17 PsN: 30JYP2 49431 Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules Light material service means the container is used to manage remediation material for which both of the following conditions apply: the vapor pressure of one or more of the organic constituents in the remediation material is greater than 0.3 kilopascals (kPa) at 20 C and the total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20 C is equal to or greater than 20 percent by weight. Liquid mounted seal means a foam or liquid filled continuous seal mounted in contact with the liquid in a unit. MACT activity means a nonremediation activity that is covered by a category of major sources listed pursuant to section 112( c) of the CAA. An activity is a MACT activity whether or not it is subject to the control requirements of its appropriate MACT standard( s). Maximum HAP vapor pressure means the sum of the individual HAP equilibrium partial pressure exerted by remediation material at the temperature equal to either: the monthly average temperature as reported by the National Weather Service when the remediation material is stored or treated at ambient temperature; or the highest calendarmonth average temperature of the remediation material when the remediation material is stored at temperatures above the ambient temperature or when the remediation material is stored or treated at temperatures below the ambient temperature. For the purpose of this subpart, maximum HAP vapor pressure is determined using the procedures specified in § 63.694( j). For the purpose of this subpart, when you read the term `` Table 3 or Table 4 of this subpart'' in § 63.694( j) you should refer to Table 3 of this subpart. Media means materials found in the natural environment such as soil, ground water, surface water, and sediments, or a mixture of such materials with liquids, sludges, or solids which is inseparable by simple mechanical removal processes and is made up primarily of media. This definition does not include debris (as defined in 40 CFR 268.2). Metallic shoe seal means a continuous seal that is constructed of metal sheets which are held vertically against the wall of the tank by springs, weighted levers, or other mechanisms and is connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof. No detectable organic emissions means no escape of organics to the atmosphere as determined using the procedure specified in 63.694( k). Oil/ water separator means a separator as defined for this subpart that is used to separate oil from water. Operating parameter value means a minimum or maximum value established for a control device or treatment process parameter which, if achieved by itself or in combination with one or more other operating parameter values, determines that an owner or operator has complied with an applicable emissions limitation or standard. Organic/ water separator means a separator as defined for this subpart that is used to separate organics from water. Point of extraction means the point where you first extract the remediation material prior to placing the remediation material in a management unit or other unit, but before the first point where the organic constituents in the remediation material have the potential to volatilize and be released to the atmosphere. For the purpose of applying this definition to this subpart, the first point where the organic constituents in the remediation material have the potential to volatilize and be released to the atmosphere is not a fugitive emissions point due to an equipment leak from any of the following equipment components: pumps, compressors, valves, connectors, instrumentation systems, or safety devices. Process heater means an enclosed combustion device that transfers heat released by burning fuel directly to process streams or to heat transfer liquids other than water. Process vent means any open ended pipe, stack, duct, or other opening intended to allow the passage of gases, vapors, or fumes to the atmosphere and this passage is caused by mechanical means (such as compressors, vacuumproducing systems or fans) or by process related means (such as volatilization produced by heating). For the purposes of this subpart, a process vent is neither a safety device (as defined in this section) nor a stack, duct or other opening used to exhaust combustion products from a boiler, furnace, heater, incinerator, or other combustion device. Remediation material means material, including contaminated media, which is managed as a result of implementing remedial activities required under Federal, State or local authorities, or voluntary remediation activity. Remediation material management unit means a tank, container, surface impoundment, oil/ water separator, organic/ water separator or transfer system used to manage remediation material. Remediation material service means any time when a pump, compressor, agitator, pressure relief device, sampling connection system, open ended valve or line, valve, connector, or instrumentation system contains or contacts remediation material. Responsible official means responsible official as defined in 40 CFR 70.2. Safety device means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emissions control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. For the purpose of this subpart, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emissions control equipment as determined by the owner or operator based on manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, combustible, explosive, reactive, or hazardous materials. Separator means a remediation material management unit, generally a tank, used to separate oil or organics from water. A separator consists of not only the separation unit but also the forebay and other separator basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are located directly after the individual drain system and prior to any additional treatment units such as an air flotation unit clarifier or biological treatment unit. Examples of a separator include, but are not limited to, an API separator, parallel plate interceptor, and corrugated plate interceptor with the associated ancillary equipment. Single seal system means a floating roof having one continuous seal. This seal may be vapor mounted, liquidmounted or a metallic shoe seal. Sludge means sludge as defined in § 260.10 of this chapter.