Our review of post-control options for the Rubber Tire
Manufacturing source category identified regenerative thermal oxidizers
(RTOs) as an option for reducing organic HAP emissions. The use of RTOs
to control organic HAP emissions was evaluated and determined to not be
cost effective during the original NESHAP. Upon review, we do not
believe the associated costs for installing and operating an RTO have
changed significantly since the original NESHAP. When evaluating the
cost effectiveness of installing RTOs during the 2002 Rubber Tire
Manufacturing NESHAP, a model facility was used. The model facility
estimated a mean reduction of 103 tons of HAP by using an RTO (Docket:
A-97-14 Document: II-B-12). The current mean total HAP emitted per
facility within the Rubber Tire Manufacturing source category is 18.8
tons of total HAP. This significant reduction in total HAP emitted for
the source category, coupled with similar associated costs for
installing and operating an RTO, leads to the conclusion that RTOs
would be less cost effective now. Thus, we still find the use of an RTO
to not be cost effective. We solicit comment on the cost effectiveness
of using an RTO to control HAP emissions.
    If RTOs were installed, the MIR would change from 4-in-1 million to
3-in-1 million and would result in an estimated 50-percent reduction in
cancer incidence from 0.002 excess cancer cases per year to 0.001 cases
per year. This control option would reduce excess cancer cases from one
in every 500 years to one in every 1,000 years based upon actual
emissions from controlled HAP emission sources.
    The source category is already controlling particulate matter or
metal HAP with all facilities utilizing fabric filters/baghouses to
control emissions, and we did not identify additional measures that
could be used to control these HAP. As noted above, any further control
of process emissions from rubber tire manufacturing operations would
result in minimal health benefits. Based upon the low baseline risks,
minimal available risk reductions, and lack of cost-effective control
options to reduce organic and metal emissions from mixing, extrusion,
and other process operations, we are proposing that the current NESHAP
provides an ample margin of safety to protect the public health.
3. Adverse Environmental Effect
    As described in section III.A of this document, we conducted an
environmental risk screening assessment for the Rubber Tire
Manufacturing source category. In the Tier 1 screening analysis for PB-
HAP (other than lead, which was evaluated differently), POM emissions
had no exceedances of any of the ecological benchmarks evaluated.
Cadmium

emissions had a Tier 1 exceedance at one facility with a maximum
screening value of 3 for a surface soil NOAEL (mammalian insectivores--
shrew).
    A Tier 2 screening analysis was performed for cadmium emissions for
this one facility, with no exceedances of any of the ecological
benchmarks. For lead, we did not estimate any exceedances of the
secondary lead NAAQS. Based on the results of the environmental risk
screening analysis, we do not expect an adverse environmental effect as
a result of HAP emissions from this source category and, therefore,
propose that it is not necessary to set more stringent standards to
prevent an adverse environmental effect.

C. What are the results and proposed decisions based on our technology
review?

    As described in section III.B of this preamble, the technology
review focused on the identification and evaluation of developments in
practices, processes, and control technologies that have occurred since
the MACT standards were promulgated. In conducting the technology
review, we reviewed various informational sources regarding the
emissions from the Rubber Tire Manufacturing source category. The
review included a search of the RBLC database, reviews of air permits
for rubber tire manufacturing facilities, and meetings with industry
and the trade association (summarized in the docket for this action).
We reviewed these data sources for information on practices, processes,
and control technologies that were not considered during the
development of the Rubber Tire Manufacturing NESHAP. We also looked for
information on improvements in practices, processes, and control
technologies that have occurred since the development of the Rubber
Tire Manufacturing NESHAP.
    After reviewing information from the aforementioned sources, we did
not identify any cost-effective developments in practices, processes,
or control technologies used at rubber tire manufacturing facilities
since promulgation of the MACT standard.
    Based on the technology review, we have determined that there are
no new control technologies. Additional information of our technology
review can be found in the memorandum, Technology Review for Rubber
Tire Manufacturing Source Category, which is available in the docket
for this action.

D. What other actions are we proposing?

    In addition to the proposed decisions described above, we are
proposing revisions to the Rubber Tire Manufacturing NESHAP related to
SSM and electronic reporting. We are proposing revisions to the SSM
provisions of the rule in order to ensure that it is consistent with
the Court decision in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir.
2008), which vacated two provisions that exempted sources from the
requirement to comply with otherwise applicable CAA section 112(d)
emission standards during periods of SSM. We are proposing to require
electronic submittal of notifications, semiannual reports, and
compliance reports (which include performance test reports) for rubber
tire manufacturing facilities. The proposed changes related to these
issues are discussed below.
1. SSM Requirements
a. Proposed Elimination of the SSM Exemption
    In its 2008 decision in Sierra Club v. EPA, 551 F.3d 1019 (D.C.
Cir. 2008), the Court vacated portions of two regulatory provisions
governing the emissions of HAP during periods of SSM, which were
promulgated pursuant to CAA section 112. Specifically, the Court
vacated the SSM exemption contained in 40 CFR 63.6(f)(1) and 40 CFR
63.6(h)(1), holding that under section 302(k) of the CAA, emissions
standards or limitations must be continuous in nature and that the SSM
exemption violates the CAA's requirement that some section 112
standards apply continuously.
    We are proposing the elimination of the SSM exemption, which
currently appears at 40 CFR 63.5990, and any reference to SSM
requirements in 40 CFR part 63, part A (General Provisions). Consistent
with the Court's decision in Sierra Club v. EPA, we are proposing
standards in this rule that apply at all times. We are also proposing
several revisions to Table 17 of 40 CFR part 63, subpart XXXX (the
General Provisions Applicability Table), as is explained in more detail
below. For example, we are proposing to eliminate the incorporation of
the General Provisions' requirement that the source develop an SSM
plan. We also are proposing to eliminate and revise certain
recordkeeping and reporting requirements related to the SSM exemption
as further described below.
    The EPA has attempted to ensure that the provisions we are
proposing to eliminate are inappropriate, unnecessary, or redundant in
the absence of the SSM exemption. We are specifically seeking comment
on whether we have successfully done so.
    In proposing the standards in this rule, the EPA has taken into
account startup and shutdown periods and, for the reasons explained
below, has not proposed alternate standards for those periods.
    All facilities subject to this rulemaking comply with the emission
limits by either using the HAP constituent option (purchase
alternative) found in 40 CFR 63.5985(a), or the monthly average
alternative without using an add-on control device (40 CFR 63.5985(b)).
Due to the continuous batch operation utilized across this source
category, the EPA has no reason to believe that emissions are
significantly different during periods of startup and shutdown from
those during normal operations.
    Periods of startup, normal operations, and shutdown are all
predictable and routine aspects of a source's operations. Malfunctions,
in contrast, are neither predictable nor routine. Instead, they are, by
definition, sudden, infrequent, and not reasonably preventable failures
of emissions control, process or monitoring equipment. (40 CFR 63.2)
(containing regulatory definition of ``malfunction''). The EPA
interprets CAA section 112 as not requiring emissions that occur during
periods of malfunction to be factored into development of CAA section
112 standards. The EPA's interpretation has been upheld as reasonable.
See United States Sugar Corp. v. EPA, 830 F.3d 579, 606-10 (D.C. Cir.
2016). Under CAA section 112, emissions standards for new sources must
be no less stringent than the level ``achieved'' by the best controlled
similar source and for existing sources generally must be no less
stringent than the average emission limitation ``achieved'' by the best
performing 12 percent of sources in the category. There is nothing in
CAA section 112 that directs the Agency to consider malfunctions in
determining the level ``achieved'' by the best performing sources when
setting emission standards. See, e.g., National Ass'n of Clean Water
Agencies v. EPA, 734 F.3d 1115, 1141 (D.C. Cir. 2013) (noting that
``average emissions limitation achieved by the best performing 12
percent of'' sources ``says nothing about how the performance of the
best units is to be calculated''). While the EPA accounts for
variability in setting emissions standards, nothing in CAA section 112
requires the Agency to consider malfunctions as part of that analysis.
The EPA is not required to treat a malfunction in the same manner as
the type of variation in performance that occurs during routine
operations of a source. A malfunction is a failure of

the source to perform in a ``normal or usual manner'' and no statutory
language compels the EPA to consider such events in setting CAA section
112 standards.
    As the Court recognized in United States Sugar Corp v. EPA,
accounting for malfunctions in setting standards would be difficult, if
not impossible, given the myriad different types of malfunctions that
can occur across all sources in the category and given the difficulties
associated with predicting or accounting for the frequency, degree, and
duration of various malfunctions that might occur. See United States
Sugar Corp., 830 F.3d at 608 (discussing work practice standards and
explaining that ``the EPA would have to conceive of a standard that
could apply equally to the wide range of possible boiler malfunctions,
ranging from an explosion to minor mechanical defects. Any possible
standard is likely to be hopelessly generic to govern such a wide array
of circumstances.''). As such, the performance of units that are
malfunctioning is not ``reasonably'' foreseeable. See, e.g., Sierra
Club v. EPA, 167 F.3d 658, 662 (D.C. Cir. 1999) (``The EPA typically
has wide latitude in determining the extent of data-gathering necessary
to solve a problem. We generally defer to an agency's decision to
proceed on the basis of imperfect scientific information, rather than
to `invest the resources to conduct the perfect study.'''). See also
Weyerhaeuser v. Costle, 590 F.2d 1011, 1058 (D.C. Cir. 1978) (``In the
nature of things, no general limit, individual permit, or even any
upset provision can anticipate all upset situations. After a certain
point, the transgression of regulatory limits caused by `uncontrollable
acts of third parties,' such as strikes, sabotage, operator
intoxication or insanity, and a variety of other eventualities, must be
a matter for the administrative exercise of case-by-case enforcement
discretion, not for specification in advance by regulation.''). In
addition, emissions during a malfunction event can be significantly
higher than emissions at any other time of source operation. For
example, if an air pollution control device with 99-percent pollutant
removal goes off-line as a result of a malfunction (as might happen if,
for example, the bags in a baghouse catch fire) and the emission unit
is a steady state type unit that would take days to shut down, the
source would go from 99-percent control to zero control until the
control device was repaired. The source's emissions during the
malfunction would be 100 times higher than during normal operations. As
such, the emissions over a 4-day malfunction period would exceed the
annual emissions of the source during normal operations. As this
example illustrates, accounting for malfunctions could lead to
standards that are not reflective of, and significantly less stringent
than, levels that are achieved by a well-performing non-malfunctioning
source. It is reasonable to interpret CAA section 112 in a way as to
avoid such a result. The EPA's approach to malfunctions is consistent
with CAA section 112 and is a reasonable interpretation of the statute.
    Although no statutory language compels the EPA to set standards for
malfunctions, the EPA has the discretion to do so where feasible. For
example, in the Petroleum Refinery Sector RTR, the EPA established a
work practice standard for unique types of malfunction that result in
releases from pressure relief devises or emergency flaring events
because the EPA had information to determine that such work practices
reflected the level of control that applies to the best performers. 80
FR 75178, 75211-14 (December 1, 2015). The EPA will consider whether
circumstances warrant setting standards for a particular type of
malfunction and, if so, whether the EPA has sufficient information to
identify the relevant best performing sources and establish a standard
for such malfunctions. We also encourage commenters to provide any such
information.
    The EPA anticipates that it is unlikely that a malfunction will
result in a violation of the standards at this time. At the time of
this proposal, there are no major source facilities using control
devices to comply with the emissions limits of this standard. However,
the NESHAP contains the option to use a control device for compliance
with the emission limits. Thus, while a malfunction event leading to
increased emissions is unlikely at this time, it is possible if a
facility were to use a control device in the future.
    In the event that a source fails to comply with the applicable CAA
section 112(d) standards as a result of a malfunction event, the EPA
would determine an appropriate response based on, among other things,
the good faith efforts of the source to minimize emissions during
malfunction periods, including preventative and corrective actions, as
well as root cause analyses to ascertain and rectify excess emissions.
The EPA would also consider whether the source's failure to comply with
the CAA section 112(d) standard was, in fact, sudden, infrequent, not
reasonably preventable, and was not instead caused, in part, by poor
maintenance or careless operation. 40 CFR 63.2 (definition of
malfunction).
    If the EPA determines in a particular case that an enforcement
action against a source for violation of an emission standard is
warranted, the source can raise any and all defenses in that
enforcement action and the federal district court will determine what,
if any, relief is appropriate. The same is true for citizen enforcement
actions. Similarly, the presiding officer in an administrative
proceeding can consider any defense raised and determine whether
administrative penalties are appropriate.
    In summary, the EPA interpretation of the CAA and, in particular,
section 112, is reasonable and encourages practices that will avoid
malfunctions. Administrative and judicial procedures for addressing
exceedances of the standards fully recognize that violations may occur
despite good faith efforts to comply and can accommodate those
situations. See United States Sugar Corp., 830 F.3d at 606-10.
b. Proposed Revisions to the General Provisions Applicability Table
(1) 40 CFR 63.5990 General Compliance Requirements
    We are proposing to revise the General Provisions table (Table 17)
entry for 40 CFR 63.6(e)(1)(i) by changing the ``yes'' in column 4 and
5 to a ``no.'' Section 63.6(e)(1)(i) describes the general duty to
minimize emissions. Some of the language in that section is no longer
necessary or appropriate in light of the elimination of the SSM
exemption. We are proposing instead to add general compliance
requirement regulatory text at 40 CFR 63.5990 that reflects the general
duty to minimize emissions while eliminating the reference to periods
covered by an SSM exemption. The current language in 40 CFR
63.6(e)(1)(i) characterizes what the general compliance requirement
entails during periods of SSM. With the elimination of the SSM
exemption, there is no need to differentiate between normal operations,
startup and shutdown, and malfunction events in describing the general
compliance requirement. Therefore, the language the EPA is proposing at
40 CFR 63.5990(b) does not include that language from 40 CFR
63.6(e)(1).
    We are also proposing the General Provisions table (Table 17) entry
for 40 CFR 63.6(e)(1)(ii) by changing the ``yes'' in column 4 and 5 to
a ``no.'' Section 63.6(e)(1)(ii) imposes requirements that are not
necessary with the elimination of the SSM exemption or are redundant

with the general compliance requirement being added at 40 CFR 63.5990.
(2) SSM Plan
    We are proposing to revise the General Provisions table (Table 17)
entry for 40 CFR 63.6(e)(3) by changing the ``yes'' in column 4 to a
``no.'' Generally, these paragraphs require development of an SSM plan
and specify SSM recordkeeping and reporting requirements related to the
SSM plan. As noted, the EPA is proposing to remove the SSM exemptions.
Therefore, affected units will be subject to an emission standard
during such events. The applicability of a standard during such events
will ensure that sources have ample incentive to plan for and achieve
compliance and, thus, the SSM plan requirements are no longer
necessary.
(3) Compliance With Standards
    We are proposing to revise the General Provisions table (Table 17)
entry for 40 CFR 63.6(f)(1) by changing the ``yes'' in column 4 to a
``no.'' The current language of 40 CFR 63.6(f)(1) exempts sources from
non-opacity standards during periods of SSM. As discussed above, the
Court in Sierra Club v. EPA vacated the exemptions contained in this
provision and held that the CAA requires that some section 112
standards apply continuously. Sierra Club v. EPA, 167 F.3d 658 (D.C.
Cir. 1999). Consistent with the decision in Sierra Club v. EPA, the EPA
is proposing to revise standards in this rule to apply at all times.
(4) 40 CFR 63.5993 Performance Testing
    We are proposing to revise the General Provisions table (Table 17)
entry for 40 CFR 63.7(e)(1) by changing the ``yes'' in column 4 to a
``no.'' Section 63.7(e)(1) describes performance testing requirements.
The EPA is instead proposing to add performance testing requirement at
40 CFR 63.5993. The performance testing requirements we are proposing
to add differ from the General Provisions performance testing
provisions in several respects. The regulatory text does not include
the language in 40 CFR 63.7(e)(1) that restated the SSM exemption and
language that precluded startup and shutdown periods from being
considered ``representative'' for purposes of performance testing. The
proposed performance testing provisions may not be performed during
startup, shutdown, or malfunction, as specified in 40 CFR 63.7(e)(1).
The EPA is proposing to add language that requires the owner or
operator to record the process information that is necessary to
document operating conditions during the test and include in such
record an explanation to support that such conditions represent normal
operation. Section 63.7(e) requires that the owner or operator make
available to the Administrator such records ``as may be necessary to
determine the condition of the performance test'' available to the
Administrator upon request but does not specifically require the
information to be recorded. The regulatory text the EPA is proposing to
add to this provision builds on that requirement and makes explicit the
requirement to record the information.
(5) Monitoring
    We are proposing to revise the General Provisions table (Table 17)
entry for 40 CFR 63.8(c)(1)(iii) by changing the ``yes'' in columns 4
and 5 to a ``no.'' The cross-references to the general duty and SSM
plan requirements in those subparagraphs are not necessary in light of
other requirements of 40 CFR 63.8 that require good air pollution
control practices (40 CFR 63.8(c)(1)) and that set out the requirements
of a quality control program for monitoring equipment (40 CFR 63.8(d)).
    We are proposing to revise the General Provisions table (Table 17)
entry for 40 CFR 63.8(d)(3) by changing the ``Applies as modified by
Sec.  63.5990(e) and (f)'' in column 4 to a ``no.'' The final sentence
in 40 CFR 63.8(d)(3) refers to the General Provisions' SSM plan
requirement which is no longer applicable. The EPA is proposing to add
to the rule at 40 CFR 63.5990(f)(3) text that is identical to 40 CFR
63.8(d)(3) except that the final sentence is replaced with the
following sentence: ``The program of corrective action should be
included in the plan required under Sec.  63.8(d)(2).''
(6) Recordkeeping
    We are proposing to revise the General Provisions table (Table 17)
entry for 40 CFR 63.10(b)(2)(i) by changing the ``yes'' in column 4 to
a ``no.'' Section 63.10(b)(2)(i) describes the recordkeeping
requirements during startup and shutdown. These recording provisions
are no longer necessary because the EPA is proposing that recordkeeping
and reporting applicable to normal operations will apply to startup and
shutdown. Special provisions applicable to startup and shutdown, such
as a startup and shutdown plan, have been removed from the rule (with
exceptions discussed below), thereby reducing the need for additional
recordkeeping for startup and shutdown periods.
    We are proposing to revise the General Provisions table (Table 17)
entry for 40 CFR 63.10(b)(2)(ii) by changing the ``yes'' in column 4 to
a ``no.'' When applicable, the provision requires sources to record
actions taken during SSM events when actions were inconsistent with
their SSM plan. The requirement is no longer appropriate because SSM
plans will no longer be required.
(7) Reporting
    We are proposing to revise the General Provisions table (Table 17)
entry for 40 CFR 63.10(d)(5) by changing the ``yes'' in column 4 to a
``no.'' Section 63.10(d)(5) describes the reporting requirements for
startups, shutdowns, and malfunctions. To replace the General
Provisions reporting requirement for malfunctions, the EPA is proposing
to replace the SSM report under 40 CFR 63.10(d)(5) with the existing
reporting requirements under 40 CFR 63.4720(a). The replacement
language differs from the General Provisions' requirement in that it
eliminates periodic SSM reports as a stand-alone report. We are
proposing language that requires sources that fail to meet an
applicable standard at any time to report the information concerning
such events in the semiannual report to be required under the proposed
rule. We are proposing that the report must contain the number, date,
time, duration, and the cause of such events (including unknown cause,
if applicable), a list of the affected source or equipment, an estimate
of the quantity of each regulated pollutant emitted over any emission
limit, and a description of the method used to estimate the emissions.
    Examples of such methods would include mass balance calculations,
measurements when available, or engineering judgment based on known
process parameters. The EPA is proposing this requirement to ensure
that there is adequate information to determine compliance, to allow
the EPA to determine the severity of the failure to meet an applicable
standard, and to provide data that may document how the source met the
general duty to minimize emissions during a failure to meet an
applicable standard.
    We will no longer require owners or operators to determine whether
actions taken to correct a malfunction are consistent with an SSM plan,
because plans would no longer be required. The proposed amendments,
therefore, eliminate the cross-reference to 40 CFR

63.10(d)(5)(i) that contains the description of the previously required
SSM report format and submittal schedule from this section. These
specifications are no longer necessary because the events will be
reported in otherwise required reports with similar format and
submittal requirements.
    The proposed amendments also eliminate the cross-reference to 40
CFR 63.10(d)(5)(ii). Section 63.10(d)(5)(ii) describes an immediate
report for startups, shutdown, and malfunctions when a source failed to
meet an applicable standard, but did not follow the SSM plan. We will
no longer require owners and operators to report when actions are taken
during a startup, shutdown, or malfunction.
2. Electronic Reporting Requirements
    Through this proposal, the EPA is proposing that owners and
operators of Rubber Tire Manufacturing NESHAP facilities submit
electronic copies of the required notification of compliance status
reports required in 40 CFR 63.9(h) and 63.6009(k), performance test
reports required in 40 CFR 63.6010(h), and semiannual compliance
reports required in 40 CFR 63.6010(g) through the EPA's Central Data
Exchange (CDX) using the Compliance and Emissions Data Reporting
Interface (CEDRI). A description of the electronic data submission
process is provided in the memorandum, ``Electronic Reporting
Requirements for New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules,''
available in Docket ID No. EPA-HQ-OAR-2019-0392. This proposed rule
requirement does not affect submittals required by state air agencies
as required by 40 CFR 63.13.
    For the performance test reports required in 40 CFR 63.6010(h), the
proposed rule requires that performance test results collected using
test methods that are supported by the EPA's Electronic Reporting Tool
(ERT) as listed on the ERT website \21\ at the time of the test be
submitted in the format generated through the use of the ERT.
Performance tests results collected using test methods that are not
supported by the ERT at the time of the performance test are required
to be submitted to the EPA electronically in a portable document format
(PDF) using the attachment module of the ERT.
---------------------------------------------------------------------------

    \21\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
---------------------------------------------------------------------------

    For semiannual compliance reports required in 40 CFR 63.6010(g),
the proposed rule requires that owners and operators use the
appropriate spreadsheet report form to submit information to CEDRI, 1
year after finalizing this proposed action. A draft version of the
proposed electronic spreadsheet reporting template for this report is
included in the docket for this action (Docket ID No. EPA-HQ-OAR-2019-
0392). The EPA specifically requests comment on the content, layout,
and overall design of the template. Prior to availability of the final
spreadsheet report template in CEDRI, owners and operators of affected
sources will be required to submit the semiannual compliance report as
currently required by the rule. When the EPA finalizes the spreadsheet
report template, rubber tire sources will be notified about its
availability via the CEDRI website. We plan to finalize a required
reporting template with the final rule. The owner or operator would
begin submitting reports electronically with the next report that is
due, once the electronic spreadsheet report template has been available
for at least 1 year.
    For the electronic submittal of notification of compliance status
reports required in 40 CFR 63.9(h) and 63.6009(k), the final
spreadsheet report template discussed above, which will reside in
CEDRI, will also contain the information required for the notification
of compliance status report and will satisfy the requirement to provide
the notifications of compliance status information electronically,
eliminating the need to provide a separate notification of compliance
status report. As stated above, the final spreadsheet report template
will be available after finalizing this proposed action and sources
will be required to use the spreadsheet report template after 1 year.
Prior to the availability of the final spreadsheet report template in
CEDRI, owners and operators of affected sources will be required to
submit notice of compliance status reports as currently required by the
rule. As stated above, we will notify sources about the availability of
the final spreadsheet report template via the CEDRI website.
    Additionally, the EPA has identified two broad circumstances in
which an extension of time for electronic reporting may be requested
from the EPA. In both circumstances, the decision to grant additional
time to report is within the discretion of the Administrator, and
reporting should occur as soon as possible. The EPA is providing a
mechanism for requesting extensions of time for electronic reporting to
protect owners and operators from noncompliance in cases where they
cannot successfully submit a report by the reporting deadline for
reasons outside of their control. An extension of time may be requested
due to outages of the EPA's CDX or CEDRI where an owner or operator is
precluded from accessing the system and submitting required reports is
addressed in 40 CFR 63.6010. The situation where an extension may be
warranted due to a force majeure event, which is defined as an event
that will be or has been caused by circumstances beyond the control of
the affected facility, its contractors, or any entity controlled by the
affected facility that prevents an owner or operator from complying
with the requirement to submit a report electronically as required by
this rule is addressed in 40 CFR 63.6010. Examples of force majeure
events may include acts of nature, acts of war or terrorism, or
equipment failure or safety hazards beyond the control of the facility.
    The electronic submittal of the reports addressed in this proposed
rulemaking will increase the usefulness of the data contained in those
reports, is in keeping with current trends in data availability and
transparency, will further assist in the protection of public health
and the environment, will improve compliance by facilitating the
ability of regulated facilities to demonstrate compliance with
requirements and by facilitating the ability of delegated state, local,
tribal, and territorial air agencies and the EPA to assess and
determine compliance, and will ultimately reduce burden on regulated
facilities, delegated air agencies, and the EPA. Electronic reporting
also eliminates paper-based, manual processes, thereby saving time and
resources, simplifying data entry, eliminating redundancies, minimizing
data reporting errors, and providing data quickly and accurately to the
affected facilities, air agencies, the EPA, and the public. Moreover,
electronic reporting is consistent with the EPA's plan \22\ to
implement Executive Order 13563 and is in keeping with the EPA's
Agency-wide policy \23\ developed in response to the White House's
Digital Government Strategy.\24\ For more information on the benefits
of electronic reporting, see the

memorandum, Electronic Reporting Requirements for New Source
Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) Rules, available in the docket for
this action.
---------------------------------------------------------------------------

    \22\ EPA's Final Plan for Periodic Retrospective Reviews, August
2011. Available at https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \23\ E-Reporting Policy Statement for EPA Regulations, September
2013. Available at https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \24\ Digital Government: Building a 21st Century Platform to
Better Serve the American People, May 2012. Available at https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
---------------------------------------------------------------------------

E. What compliance dates are we proposing?

    The EPA is proposing that affected sources that commenced
construction or reconstruction on or before [DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER] must comply with all of the
amendments, with the exception of the proposed electronic format for
submitting notifications and compliance reports, no later than 180 days
after the effective date of the final rule, or upon startup, whichever
is later. Affected sources that commence construction or reconstruction
after [DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]
must comply with all requirements of the subpart, including the
amendments being proposed, with the exception of the proposed
electronic format for submitting notifications and compliance reports,
no later than the effective date of the final rule or upon startup,
whichever is later. All affected facilities would have to continue to
meet the current requirements of 40 CFR part 63, subpart XXXX, until
the applicable compliance date of the amended rule. The final action is
not expected to be a ``major rule'' as defined by 5 U.S.C. 804(2), so
the effective date of the final rule will be the promulgation date as
specified in CAA section 112(d)(10).
    For existing sources, we are proposing two changes that would
impact ongoing compliance requirements for 40 CFR part 63, subpart
XXXX. As discussed elsewhere in this preamble, we are proposing to add
a requirement that notifications, performance test results, and
compliance reports be submitted electronically. We are also proposing
to change the requirements for SSM by removing the exemption from the
requirements to meet the standard during SSM periods and by removing
the requirement to develop and implement an SSM plan. Our experience
with similar industries that are required to convert reporting
mechanisms to install necessary hardware and software, become familiar
with the process of submitting performance test results electronically
through the EPA's CEDRI, test these new electronic submission
capabilities, and reliably employ electronic reporting shows that a
time period of a minimum of 90 days, and, more typically, 180 days is
generally necessary to successfully accomplish these revisions. Our
experience with similar industries further shows that this sort of
regulated facility generally requires a time period of 180 days to read
and understand the amended rule requirements; to evaluate their
operations to ensure that they can meet the standards during periods of
startup and shutdown as defined in the rule and make any necessary
adjustments; and to update their operation, maintenance, and monitoring
plan to reflect the revised requirements. The EPA recognizes the
confusion that multiple different compliance dates for individual
requirements would create and the additional burden such an assortment
of dates would impose. From our assessment of the time frame needed for
compliance with the entirety of the revised requirements, the EPA
considers a period of 180 days to be the most expeditious compliance
period practicable and, thus, is proposing that all affected sources
that commenced construction or reconstruction on or before [DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] be in compliance
with all of this regulation's revised requirements within 180 days of
the regulation's effective date.
    We solicit comment on the proposed compliance periods, and we
specifically request submission of information from sources in this
source category regarding specific actions that would need to be
undertaken to comply with the proposed amended requirements and the
time needed to make the adjustments for compliance with any of the
revised requirements. We note that information provided may result in
changes to the proposed compliance dates.

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    The EPA estimates that there are 21 rubber tire manufacturing
facilities that are subject to the Rubber Tire Manufacturing NESHAP
affected by the proposed amendments to 40 CFR part 63, subpart XXXX.
The bases of our estimates of affected facilities are provided in the
memorandum, Rubber Tire Major Source Memo, which is available in the
docket for this action. We are not currently aware of any planned or
potential new or reconstructed rubber tire manufacturing facilities in
the source category.

B. What are the air quality impacts?

    We are not finalizing revisions to the emission limits other than
to make them applicable during SSM periods, we do not anticipate any
air quality impacts as a result of the proposed amendments, since
facilities are already in compliance with emission limits during all
periods, including SSM.

C. What are the cost impacts?

    The one-time cost associated with reviewing the revised rule and
becoming familiar with the electronic reporting requirements is
estimated to be $6,740 (2017$). The total cost per facility is
estimated to be $321 per facility to review the final rule requirements
and become familiar with the electronic reporting requirements. All
other costs associated with notifications, reporting, and recordkeeping
are believed to be unchanged because the facilities in each source
category are currently required to comply with notification, reporting,
and recordkeeping requirements and will continue to be required to
comply with those requirements. The number of personnel-hours required
to develop the materials in support of reports required by the NESHAP
remain unchanged.

D. What are the economic impacts?

    Economic impact analyses focus on changes in market prices and
output levels. If changes in market prices and output levels in the
primary markets are significant enough, impacts on other markets may
also be examined. Both the magnitude of costs needed to comply with a
proposed rule and the distribution of these costs among affected
facilities can have a role in determining how the market will change in
response to a proposed rule. The total cost associated with this
proposed rule is estimated to be $6,740, which is a one-time cost
associated with reviewing the revised rule and becoming familiar with
the electronic reporting requirements. The estimated cost per facility
is $321. These costs are not expected to result in a significant market
impact, regardless of whether they are passed on to the purchaser or
absorbed by the firms.

E. What are the benefits?

    The EPA does not anticipate reductions in HAP emissions as a result
of the proposed amendments to the Rubber Tire Manufacturing NESHAP.
However, the proposed amendments would improve the rule by ensuring
that the standards apply at all times and by requiring electronic
submittal of initial notifications, performance test results, and
semiannual reports that would increase the usefulness of the data and
would ultimately result in less burden on the regulated community.
Because

these proposed amendments are not considered economically significant,
as defined by Executive Order 12866, and because no emission reductions
were estimated, we did not estimate any health benefits from reducing
emissions.

VI. Request for Comments

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

VII. Submitting Data Corrections

    The site-specific emissions profiles used in the source category
risk and demographic analyses and instructions are available for
download on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/rubber-tire-manufacturing-national-emission-standards-hazardous-air. The data files include detailed information for each HAP
emissions release point for the facilities in the source category.
    If you believe that the data are not representative or are
inaccurate, please identify the data in question, provide your reason
for concern, and provide any ``improved'' data that you have, if
available. When you submit data, we request that you provide
documentation of the basis for the revised values to support your
suggested changes. To submit comments on the data downloaded from the
RTR website, complete the following steps:
    1. Within this downloaded file, enter suggested revisions to the
data fields appropriate for that information.
    2. Fill in the commenter information fields for each suggested
revision (i.e., commenter name, commenter organization, commenter email
address, commenter phone number, and revision comments).
    3. Gather documentation for any suggested emissions revisions
(e.g., performance test reports, material balance calculations).
    4. Send the entire downloaded file with suggested revisions in
Microsoft[supreg] Access format and all accompanying documentation to
Docket ID No. EPA-HQ-OAR-2019-0392 (through the method described in the
ADDRESSES section of this preamble).
    5. If you are providing comments on a single facility or multiple
facilities, you need only submit one file for all facilities. The file
should contain all suggested changes for all sources at that facility
(or facilities). We request that all data revision comments be
submitted in the form of updated Microsoft[supreg] Excel files that are
generated by the Microsoft[supreg] Access file. These files are
provided on the project website at https://www.epa.gov/stationary-sources-air-pollution/rubber-tire-manufacturing-national-emission-standards-hazardous-air.

VIII. Statutory and Executive Order Reviews

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

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

    This action is not a significant regulatory action and was,
therefore, not submitted to OMB for review.

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

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

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to OMB under the PRA. The Information
Collection Request (ICR) document that the EPA prepared has been
assigned EPA ICR number 1982.03. You can find a copy of the ICR in the
docket for this rule, and it is briefly summarized here.
    We are proposing changes to the recordkeeping and reporting
requirements associated with 40 CFR part 63, subpart XXXX, in the form
of eliminating the SSM plan and reporting requirements; including
reporting requirements for deviations in the semiannual report; and
including the requirement for electronic submittal of reports. In
addition, the number of facilities subject to the standards changed.
The number of respondents was reduced from 23 to 21 based on
consultation with industry representatives and state/local agencies.
    Respondents/affected entities: The respondents to the recordkeeping
and reporting requirements are owners or operators of rubber tire
manufacturing facilities subject to 40 CFR part 63, subpart XXXX.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart XXXX).
    Estimated number of respondents: 21 facilities.
    Frequency of response: The frequency of responses varies depending
on the burden item. Responses include one-time review of rule
amendments, reports of periodic performance tests, and semiannual
compliance reports.
    Total estimated burden: The annual recordkeeping and reporting
burden for responding facilities to comply with all of the requirements
in the NESHAP, averaged over the 3 years of this ICR, is estimated to
be 5,870 hours (per year). Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: The annual recordkeeping and reporting cost
for responding facilities to comply with all of the requirements in the
NESHAP, averaged over the 3 years of this ICR, is estimated to be
$819,000 (rounded, per year). There are no estimated capital and
operation and maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden to the EPA using the dockets
identified at the beginning of this rule. You may also send your ICR-
related comments to OMB's Office of Information and Regulatory Affairs
via email to<EMAIL_ADDRESS>Attention: Desk Officer for
the EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after receipt, OMB must receive comments no
later than November 29, 2019. The EPA will respond to any ICR-related
comments in the final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities, since there
are no small entities in the source category.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or

uniquely affect small governments. The action imposes no enforceable
duty on any state, local, or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in
Executive Order 13175. No tribal facilities are known to be engaged in
the Rubber Tire Manufacturing source category, and would not be
affected by this action. Thus, Executive Order 13175 does not apply to
this action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
sections III.A and IV.A and B of this preamble.

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

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

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    The documentation for this decision is contained in sections IV.A,
IV.B, IV.F, and IV.G of this preamble. As discussed in sections IV.A,
IV.B, IV.F, and IV.G of this preamble, we performed a demographic
analysis for each source category, which is an assessment of risks to
individual demographic groups, of the population close to the
facilities (within 50 km and within 5 km). In our analysis, we
evaluated the distribution of HAP-related cancer risks and noncancer
hazards from the Rubber Tire Manufacturing source category across
different social, demographic, and economic groups within the
populations living near operations identified as having the highest
risks.
    Results of the demographic analysis performed for the Rubber Tire
Manufacturing source category indicate that, for four of the 10
demographic groups, White, African American, people living below the
poverty level, and adults over 25 without a high school diploma that
reside within 5 km of facilities in the source category is greater than
the corresponding national percentage for the same demographic groups.
When examining the risk levels of those exposed to emissions from
rubber manufacturing facilities, we find 4,500 people exposed to a
cancer risk at or above 1-in-1 million and nobody exposed to a chronic
noncancer TOSHI greater than 1.
    The results of the Rubber Tire Manufacturing source category
demographic analysis indicate that emissions from the source category
expose approximately 4,500 people to a cancer risk at or above 1-in-1
million and no people to a chronic noncancer TOSHI greater than 1. The
percentages of the at-risk population for four of the 10 demographic
groups; White people, people living below the poverty level, adults
with a high school diploma, and African Americans that reside within 50
km of facilities in the source category is greater than the
corresponding national percentage for the same demographic groups.

List of Subjects in 40 CFR Part 63

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

    Dated: September 27, 2019.
Andrew R. Wheeler,
Administrator.
    For the reasons set forth in the preamble, the EPA proposes to
amend 40 CFR part 63 as follows:

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

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

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

Subpart XXXX--National Emission Standards for Hazardous Air
Pollutants; Rubber Tire Manufacturing

0
2. Section 63.5990 is amended by:
0
a. Revising paragraphs (a), (b), (d), paragraph (f) introductory text,
paragraphs (f)(2), and (f)(3); and
0
b. Adding new paragraph (f)(4).
    The revisions and addition read as follows:

Sec.  63.5990   What are my general requirements for complying with
this subpart?

    (a) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], you must be in compliance with the applicable
emission limitations specified in Tables 1 through 4 to this subpart at
all times, except during periods of startup, shutdown, and malfunction
if you are using a control device to comply with an emission limit.
After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], you must be in compliance with the applicable
emission limitations specified in Tables 1 through 4 to this subpart at
all times
    (b) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], except as provided in Sec.  63.5982(b)(4),
you must always operate and maintain your affected source, including
air pollution control and monitoring equipment, according to the
provisions in Sec.  63.6(e)(1)(i). After [DATE 180 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], at all times, you
must operate and maintain any affected source, including associated air
pollution control equipment and monitoring equipment, in a manner
consistent with safety and good air pollution control practices for
minimizing emissions. The general duty to minimize emissions does not
require you to make any further efforts to reduce emissions if levels
required by the applicable standard have been achieved. Determination
of whether a source is operating in compliance with operation and
maintenance requirements will be based on information available to the

Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures, review of
operation and maintenance records, and inspection of the source.
* * * * *
    (d) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], for each affected source that complies with
the emission limits in Tables 1 through 3 to this subpart using a
control device, you must develop a written startup, shutdown, and
malfunction plan according to the provisions in Sec.  63.6(e)(3). After
[DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER], a startup, shutdown, and malfunction plan is not required.
* * * * *
    (f) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], in your site-specific monitoring plan, you
must also address the ongoing procedures specified in paragraphs (f)(1)
through (3) of this section as follows. After [DATE 180 DAYS AFTER DATE
OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], in your site-
specific monitoring plan, you must also address the ongoing procedures
specified in paragraphs (f)(1) through (4) of this section as follows.
* * * * *
    (2) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], ongoing data quality assurance procedures in
accordance with the general requirements of Sec.  63.8(d). After [DATE
180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER], ongoing data quality assurance procedures in accordance with
the general requirements of Sec.  63.8(d)(1) and (2).
    (3) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], ongoing recordkeeping and reporting
procedures in accordance with the general requirements of Sec.
63.10(c), (e)(1), and (e)(2)(i). After [DATE 180 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], the owner or
operator shall keep these written procedures on record for the life of
the affected source or until the affected source is no longer subject
to the provisions of this part, to be made available for inspection,
upon request, by the Administrator. If the performance evaluation plan
is revised, the owner or operator shall keep previous (i.e.,
superseded) versions of the performance evaluation plan on record to be
made available for inspection, upon request, by the Administrator, for
a period of 5 years after each revision to the plan. The program of
corrective action should be included in the plan required under Sec.
63.8(d)(2); and
    (4) After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER], Ongoing recordkeeping and reporting procedures
in accordance with the general requirements of Sec.  63.10(c), (e)(1),
and (e)(2)(i).
0
3. Section 63.5993 is amended by revising paragraphs (c) and (d) to
read as follows:

Sec.  63.5993   What performance tests and other procedures must I use?

* * * * *
    (c) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], you may not conduct performance tests during
periods of startup, shutdown, or malfunction, as specified in Sec.
63.7(e)(1). After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL
RULE IN THE FEDERAL REGISTER], performance tests shall be conducted
under such conditions as the Administrator specifies to the owner or
operator based on representative performance of the affected source for
the period being tested. Representative conditions exclude periods of
startup and shutdown unless specified by the Administrator or an
applicable subpart. The owner or operator may not conduct performance
tests during periods of malfunction. The owner or operator must record
the process information that is necessary to document operating
conditions during the test and include in such record an explanation to
support that such conditions represent normal operation. Upon request,
the owner or operator shall make available to the Administrator such
records as may be necessary to determine the conditions of performance
tests.
    (d) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], You must conduct three separate test runs for
each performance test required in this section, as specified in Sec.
63.7(e)(1) unless otherwise specified in the test method. Each test run
must last at least 1 hour. After [DATE 180 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], you must conduct
three separate test runs for each performance test required in this
section, as specified in Sec.  63.5993(c) above, unless otherwise
specified in the test method. Each test run must last at least 1 hour.
* * * * *
0
4. Section 63.5995 is amended by revising paragraph (d).
    The revisions read as follows:

Sec.  63.5995   What are my monitoring installation, operation, and
maintenance requirements?

* * * * *
    (d) For any other control device, or for other capture systems,
ensure that the CPMS is operated according to a monitoring plan
submitted to the Administrator with the Notification of Compliance
Status report required by Sec.  63.9(h). The monitoring plan must meet
the requirements in paragraphs (a) and (d)(1) through (3) of this
section. Conduct monitoring in accordance with the plan submitted to
the Administrator unless comments received from the Administrator
require an alternate monitoring scheme.
* * * * *
0
5. Section 63.6009 is amended by revising paragraph (e)(2) and adding
paragraph (k) to read as follows:

Sec.  63.6009  What notifications must I submit and when?

* * * * *
    (e) * * *
    (2) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], for each initial compliance demonstration
required in tables 6 through 8 to this subpart that includes a
performance test conducted according to the requirements in table 5 to
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 Sec.  63.10(d)(2). After [DATE 180 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], For each initial
compliance demonstration required in tables 6 through 8 to this subpart
that includes a performance test conducted according to the
requirements in table 5 to 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 Sec.
63.10(d)(2) and Sec.  63.6010(h)(1) through (3).
* * * * *
    (k) You must submit to the Administrator notification reports of
the following recorded information. Beginning on [DATE 181 DAYS AFTER

DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] or once the
reporting form has been available on the CEDRI website for 1 year,
whichever date is later, you must submit all subsequent notification of
compliance status reports required in Sec.  63.9(h) and Sec.
63.6009(d) through (i) to the EPA via the Compliance and Emissions Data
Reporting Interface (CEDRI). The CEDRI interface can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov).
You must use the appropriate electronic report form (i.e., template) on
the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for
this subpart. The date on which the report form becomes available will
be listed on the CEDRI website. If the reporting form for the
notification of compliance status report specific to this subpart is
not available in CEDRI at the time that the report is due, you must
submit the report to the Administrator at the appropriate addresses
listed in Sec.  63.13. Once the form has been available in CEDRI for 1
year, you must begin submitting all subsequent notification of
compliance status reports via CEDRI. The applicable notification must
be submitted by the deadline specified in this subpart, regardless of
the method in which the report is submitted. If you claim that some of
the information required to be submitted via CEDRI is confidential
business information (CBI), submit a complete report, including
information claimed to be CBI, to the EPA. The report must be generated
using the appropriate electronic reporting form found on the CEDRI
website. Submit the file on a compact disc, flash drive, or other
commonly used electronic storage medium and clearly mark the medium as
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office,
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old
Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be
submitted to the EPA via the EPA's CDX as described earlier in this
paragraph. Where applicable, you may assert a claim of EPA system
outage, in accordance with Sec.  63.6010(i), or force majeure, in
accordance with Sec.  63.6010(j), for failure to timely comply with
this requirement.
0
6. Section 63.6010 is amended by:
0
a. Revising paragraphs (b)(2) and (4);
0
b. Revising paragraphs (c)(4);
0
c. Revising paragraph (d);
0
d. Revising paragraph (g); and
0
e. Adding paragraphs (h) through (j).
    The revisions and additions read as follows:

Sec.  63.6010  What reports must I submit and when?

* * * * *
    (b) * * *
    (2) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], the first semiannual 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 Sec.
63.5983. After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], the first semiannual compliance report must
be submitted electronically via CEDRI 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 Sec.
63.5983.
* * * * *
    (4) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], each subsequent semiannual 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. After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF
FINAL RULE IN THE FEDERAL REGISTER], each subsequent semiannual
compliance report must be submitted electronically via CEDRI no later
than July 31 or January 31, whichever date is the first date following
the end of the semiannual reporting period.
* * * * *
    (c) * * *
    (4) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], 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 Sec.  63.10(d)(5)(i). After [DATE 180 DAYS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], a
startup, shutdown, and malfunction plan is not required.
* * * * *
    (d) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], for each deviation from an emission
limitation (emission limit or operating limit) that occurs at an
affected source, the compliance report must contain the information in
paragraphs (c)(1) through (4) and paragraphs (d)(1) and (2) of this
section. This includes periods of startup, shutdown, and malfunction
when the affected source is operating. After [DATE 180 DAYS AFTER DATE
OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each
deviation from an emission limitation (emission limit or operating
limit) that occurs at an affected source, the compliance report must
contain the information in paragraphs (c)(1) through (3) and (d)(1)
through (3) of this section. This includes periods of startup,
shutdown, and malfunction when the affected source is operating.
    (1) Before [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER] the total operating time of each affected
source during the reporting period. After [DATE 180 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], in the event that
an affected unit fails to meet an applicable standard, record the
number of failures. For each failure record the date, time and duration
of each failure.
    (2) Before [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER] information on the starting date, starting
time, duration, and cause of each deviation (including unknown cause,
if applicable) and the corrective action taken. After [DATE 180 DAYS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for
each failure to meet an applicable standard, record and retain a list
of the affected sources or equipment, an estimate of the quantity of
each regulated pollutant emitted over any emission limit and a
description of the method used to estimate the emissions.
    (3) After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER], record actions taken to minimize emissions in
accordance with Sec.  63.5990, and any corrective actions taken to
return the affected unit to its normal or usual manner of operation.
* * * * *
    (g) Before [DATE 1 YEAR AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER], or once the reporting form has been available on
the CEDRI website for 1 year, whichever date is later, if acceptable to
both the Administrator and you, you may submit reports and
notifications electronically. Beginning on [DATE 1 YEAR AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], or once the
reporting form has been available on the

CEDRI website for 1 year, whichever date is later, you must submit the
semiannual compliance report required in Sec.  63.6010(c)(1) through
(10), as applicable, to the EPA via the CEDRI. The CEDRI interface can
be accessed through the EPA's CDX (https://cdx.epa.gov). You must use
the appropriate electronic report form on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date on
which the report form becomes available will be listed on the CEDRI
website. If the reporting form for the semiannual compliance report
specific to this subpart is not available in CEDRI at the time that the
report is due, you must submit the report to the Administrator at the
appropriate addresses listed in Sec.  63.13. Once the form has been
available in CEDRI for 1 year, you must begin submitting all subsequent
reports via CEDRI. The reports must be submitted by the deadlines
specified in this subpart, regardless of the method in which the
reports are submitted. If you claim that some of the information
required to be submitted via CEDRI is CBI, submit a complete report,
including information claimed to be CBI, to the EPA. The report must be
generated using the appropriate electronic reporting form found on the
CEDRI website. Submit the file on a compact disc, flash drive, or other
commonly used electronic storage medium and clearly mark the medium as
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office,
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old
Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be
submitted to the EPA via the EPA's CDX as described earlier in this
paragraph.
    (h) After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER], if you use a control system (add-on control
device and capture system) to meet the emission limitations, you must
also conduct a performance test at least once every 5 years following
your initial compliance demonstration to verify control system
performance and reestablish operating parameters or operating limits
for control systems used to comply with the emissions limits. Within 60
days after the date of completing each performance test required by
this subpart, you must submit the results of the performance test
following the procedures specified in paragraphs (h)(1) through (3) of
this section.
    (1) Data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to the EPA via the CEDRI, which can be accessed
through the EPA's CDX (https://cdx.epa.gov/). The data must be
submitted in a file format generated through the use of the EPA's ERT.
Alternatively, you may submit an electronic file consistent with the
extensible markup language (XML) schema listed on the EPA's ERT
website.
    (2) Data collected using test methods that are not supported by the
EPA's ERT as listed on the EPA's ERT website at the time of the test.
The results of the performance test must be included as an attachment
in the ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT website. Submit the ERT generated
package or alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of
the information submitted under paragraph (h) of this section is CBI,
you must submit a complete file, including information claimed to be
CBI, to the EPA. The file must be generated through the use of the
EPA's ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT website. Submit the file on a compact
disc, flash drive, or other commonly used electronic storage medium and
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file
with the CBI omitted must be submitted to the EPA via the EPA's CDX as
described in paragraph (h) of this section.
    (i) After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER] if you are required to electronically submit a
report or notification (i.e., Notification of Compliance Status Report)
through CEDRI in the EPA's CDX, you may assert a claim of EPA system
outage for failure to timely comply with the reporting requirement. To
assert a claim of EPA system outage, you must meet the requirements
outlined in paragraphs (i)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI
and submitting a required report or notification within the time
prescribed due to an outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time
beginning 5 business days prior to the date that the submission is due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (5) You must provide to the Administrator a written description
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
    (7) In any circumstance, the report or notification must be
submitted electronically as soon as possible after the outage is
resolved.
    (j) After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER] if you are required to electronically submit a
report or notification (i.e., Notification of Compliance Status Report)
through CEDRI in the EPA's CDX, you may assert a claim of force majeure
for failure to timely comply with the reporting requirement. To assert
a claim of force majeure, you must meet the requirements outlined in
paragraphs (j)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety

hazard beyond the control of the affected facility (e.g., large scale
power outage).
    (2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
0
7. Section 63.6011 is amended by revising paragraph (a)(3) and adding
paragraph (e) to read as follows:

Sec.  63.6011  What records must I keep?

    (a) * * *
    (3) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], the records in Sec.  63.6(e)(3)(iii) through
(v) related to startup, shutdown, and malfunction. After [DATE 180 DAYS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], it is
not required to keep records in Sec.  63.6(e)(3)(iii) through (v)
related to startup, shutdown, or malfunction.
* * * * *
    (e) After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER] any records required to be maintained by this
subpart that are submitted electronically via the EPA's CEDRI may be
maintained in electronic format. This ability to maintain electronic
copies does not affect the requirement for facilities to make records,
data, and reports available upon request to a delegated air agency or
the EPA as part of an on-site compliance evaluation.
0
8. Section 63.6015 is amended by revising the definition for Deviation
to read as follows:

Sec.  63.6015  What definitions apply to this part?

* * * * *
    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 emission limitation
(including any operating limit) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
    (3) Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], fails to meet any emission 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. On and after [DATE
181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER], this paragraph no longer applies.
* * * * *
0
9. Table 15 of Subpart XXXX is revised to read as follows:

                          Table 15 to Subpart XXXX of Part 63--Requirements for Reports
 [As stated in Sec.   63.6010, you must submit each report that applies to you according to the following table]
----------------------------------------------------------------------------------------------------------------
        You must submit a(n)              The report must contain . . .       You must submit the report . . .
----------------------------------------------------------------------------------------------------------------
1. Compliance report                  a. If there are no deviations from    Semiannually according to the
                                       any emission limitations that apply   requirements in Sec.   63.6010(b),
                                       to you, a statement that there were   unless you meet the requirements
                                       no deviations from the emission       for annual reporting in Sec.
                                       limitations during the reporting      63.6010(f).
                                       period. If there were no periods
                                       during which the CPMS was out-of-
                                       control as specified in Sec.
                                       63.8(c)(7), a statement that there
                                       were no periods during which the
                                       CPMS was out-of-control during the
                                       reporting period.
                                      b. If you have a deviation from any   Semiannually according to the
                                       emission limitation during the        requirements in Sec.   63.6010(b),
                                       reporting period at an affected       unless you meet the requirements
                                       source where you are not using a      for annual reporting in Sec.
                                       CPMS, the report must contain the     63.6010(f).
                                       information in Sec.   63.6010(d).
                                       If the deviation occurred at a
                                       source where you are using a CMPS
                                       or if there were periods during
                                       which the CPMS were out-of-control
                                       as specified in Sec.   63.8(c)(7),
                                       the report must contain the
                                       information required by Sec.
                                       63.5990(f)(3).
                                      c. Before [DATE 181 DAYS AFTER DATE   Before [DATE 181 DAYS AFTER DATE OF
                                       OF PUBLICATION OF FINAL RULE IN THE   PUBLICATION OF FINAL RULE IN THE
                                       FEDERAL REGISTER], If you had a       FEDERAL REGISTER], semiannually
                                       startup, shutdown or malfunction      according to the requirements in
                                       during the reporting period and you   Sec.   63.6010(b), unless you meet
                                       took actions consistent with your     the requirements for annual
                                       startup, shutdown, and malfunction    reporting in Sec.   63.6010(f).
                                       plan, the compliance report must      After [DATE 180 DAYS AFTER DATE OF
                                       include the information in Sec.       PUBLICATION OF FINAL RULE IN THE
                                       63.10(d)(5)(i). After [DATE 180       FEDERAL REGISTER], this report is
                                       DAYS AFTER DATE OF PUBLICATION OF     no longer required.
                                       FINAL RULE IN THE FEDERAL
                                       REGISTER], this report is no longer
                                       required.

2. Before [DATE 181 DAYS AFTER DATE   a. Before [DATE 181 DAYS AFTER DATE   Before [DATE 181 DAYS AFTER DATE OF
 OF PUBLICATION OF FINAL RULE IN THE   OF PUBLICATION OF FINAL RULE IN THE   PUBLICATION OF FINAL RULE IN THE
 FEDERAL REGISTER], immediate          FEDERAL REGISTER], actions taken      FEDERAL REGISTER], by fax or
 startup, shutdown, and malfunction    for the event. After [DATE 180 DAYS   telephone within 2 working days
 report if you had a startup,          AFTER DATE OF PUBLICATION OF FINAL    after starting actions inconsistent
 shutdown, or malfunction during the   RULE IN THE FEDERAL REGISTER], this   with the plan. After [DATE 180 DAYS
 reporting period that is not          report is no longer required.         AFTER DATE OF PUBLICATION OF FINAL
 consistent with your startup,                                               RULE IN THE FEDERAL REGISTER], this
 shutdown, and malfunction plan.                                             report is no longer required.
 After [DATE 180 DAYS AFTER DATE OF
 PUBLICATION OF FINAL RULE IN THE
 FEDERAL REGISTER], this report is
 no longer required.
                                      b. Before [DATE 181 DAYS AFTER DATE   Before [DATE 181 DAYS AFTER DATE OF
                                       OF PUBLICATION OF FINAL RULE IN THE   PUBLICATION OF FINAL RULE IN THE
                                       FEDERAL REGISTER], the information    FEDERAL REGISTER], by letter within
                                       in Sec.   63.10(d)(5)(ii). After      7 working days after the end of the
                                       [DATE 180 DAYS AFTER DATE OF          event unless you have made
                                       PUBLICATION OF FINAL RULE IN THE      alternative arrangements with the
                                       FEDERAL REGISTER], this report is     permitting authority (Sec.
                                       no longer required.                   63.10(d)(5)(ii)). After [DATE 180
                                                                             DAYS AFTER DATE OF PUBLICATION OF
                                                                             FINAL RULE IN THE FEDERAL
                                                                             REGISTER], this report is no longer
                                                                             required.
3. Performance Test Report            If you use a control system (add-on   Conduct a performance test at least
                                       control device and capture system)    once every 5 years following your
                                       to meet the emission limitations.     initial compliance demonstration
                                                                             according to the requirements in
                                                                             Sec.   63.5993.
----------------------------------------------------------------------------------------------------------------

0
10. Table 17 of Subpart XXXX is revised to read as follows:
    Before [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER], as stated in Sec.  63.6013, you must comply with
the applicable General Provisions (GP) requirements according to the
following table:

          Table 17 to Subpart XXXX of Part 63--Applicability of General Provisions to This Subpart XXXX
----------------------------------------------------------------------------------------------------------------
                                                                               Applicable to Subpart XXXX?
                                                 Brief description of   ----------------------------------------
        Citation                Subject           applicable sections      Using a control        Not using a
                                                                                device          control device
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.............  Applicability......  Initial applicability     Yes................  Yes.
                                                determination;
                                                applicability after
                                                standard established;
                                                permit requirements;
                                                extensions;
                                                notifications.
Sec.   63.2.............  Definitions........  Definitions for part 63   Yes................  Yes.
                                                standards.
Sec.   63.3.............  Units and            Units and abbreviations   Yes................  Yes.
                           Abbreviations.       for part 63 standards.
Sec.   63.4.............  Prohibited           Prohibited activities;    Yes................  Yes.
                           Activities.          compliance date;
                                                circumvention;
                                                severability.
Sec.   63.5.............  Construction/        Applicability;            Yes................  Yes.
                           Reconstruction.      applications; approvals.
Sec.   63.6(a)..........  Applicability......  GP apply unless           Yes................  Yes.
                                                compliance extension;
                                                GP apply to area
                                                sources that become
                                                major.
Sec.   63.6(b)(1)-(4)...  Compliance Dates     Standards apply at        Yes................  Yes.
                           for New and          effective date; 3 years
                           Reconstructed        after effective date;
                           Sources.             upon startup; 10 years
                                                after construction or
                                                reconstruction
                                                commences for section
                                                112(f).
Sec.   63.6(b)(5).......  Notification.......  Must notify if commenced  Yes................  Yes.
                                                construction or
                                                reconstruction after
                                                proposal.
Sec.   63.6(b)(6).......  [Reserved]
Sec.   63.6(b)(7).......  Compliance Dates     ........................  No.................  No.
                           for New and
                           Reconstructed Area
                           Sources that
                           Become Major.
Sec.   63.6(c)(1)-(2)...  Compliance Dates     Comply according to date  Yes................  Yes.
                           for Existing         in subpart, which must
                           Sources.             be no later than 3
                                                years after effective
                                                date; for CAA section
                                                112(f) standards,
                                                comply within 90 days
                                                of effective date
                                                unless compliance
                                                extension.
Sec.   63.6(c)(3)-(4)...  [Reserved]
Sec.   63.6(c)(5).......  Compliance Dates     Area sources that become  Yes................  Yes.
                           for Existing Area    major must comply with
                           Sources that         major source standards
                           Become Major.        by date indicated in
                                                subpart or by
                                                equivalent time period
                                                (for example, 3 years).
Sec.   63.6(d)..........  [Reserved]
Sec.   63.6(e)(1)-(2)...  Operation &          Operate to minimize       Yes................  Yes.
                           Maintenance.         emissions at all times;
                                                correct malfunctions as
                                                soon as practicable;
                                                and operation and
                                                maintenance
                                                requirements
                                                independently
                                                enforceable;
                                                information
                                                Administrator will use
                                                to determine if
                                                operation and
                                                maintenance
                                                requirements were met.
Sec.   63.6(e)(3).......  Startup, Shutdown,   ........................  Yes................  No.
                           and Malfunction
                           Plan (SSMP).
Sec.   63.6(f)(1).......  Compliance Except    ........................  Yes................  No.
                           During SSM.
Sec.   63.6(f)(2)-(3)...  Methods for          Compliance based on       Yes................  Yes.
                           Determining          performance test;
                           Compliance.          operation and
                                                maintenance plans;
                                                records; inspection.
Sec.   63.6(g)(1)-(3)...  Alternative          Procedures for getting    Yes................  Yes.
                           Standard.            an alternative standard.
Sec.   63.6(h)..........  Opacity/Visible      ........................  No.................  No.
                           Emission (VE)
                           Standards.
Sec.   63.6(i)..........  Compliance           Procedures and criteria   Yes................  Yes.
                           Extension.           for Administrator to
                                                grant compliance
                                                extension.

Sec.   63.6(j)..........  Presidential         President may exempt      Yes................  Yes.
                           Compliance           source category from
                           Exemption.           requirement to comply
                                                with rule.
Sec.   63.7(a)(1)-(2)...  Performance Test     ........................  No.................  No.
                           Dates.
Sec.   63.7(a)(3).......  CAA section 114      Administrator may         Yes................  No.
                           Authority.           require a performance
                                                test under CAA section
                                                114 at any time.
Sec.   63.7(b)(1).......  Notification of      Must notify               Yes................  No.
                           Performance Test.    Administrator 60 days
                                                before the test.
Sec.   63.7(b)(2).......  Notification of      If rescheduling a         Yes................  No.
                           Rescheduling.        performance test is
                                                necessary, must notify
                                                Administrator 5 days
                                                before scheduled date
                                                of rescheduled date.
Sec.   63.7(c)..........  Quality Assurance/   Requirement to submit     Yes................  No.
                           Test Plan.           site-specific test plan
                                                60 days before the test
                                                or on date
                                                Administrator agrees
                                                with: Test plan
                                                approval procedures;
                                                performance audit
                                                requirements; and
                                                internal and external
                                                quality assurance
                                                procedures for testing.
Sec.   63.7(d)..........  Testing Facilities.  Requirements for testing  Yes................  No.
                                                facilities.
Sec.   63.7(e)(1).......  Conditions for       Performance tests must    Yes................  No.
                           Conducting           be conducted under
                           Performance Tests.   representative
                                                conditions; cannot
                                                conduct performance
                                                tests during SSM; not a
                                                violation to exceed
                                                standard during SSM.
Sec.   63.7(e)(2).......  Conditions for       Must conduct according    Yes................  No.
                           Conducting           to rule and EPA test
                           Performance Tests.   methods unless
                                                Administrator approves
                                                alternative.
Sec.   63.7(e)(3).......  Test Run Duration..  Must have three test      Yes................  No.
                                                runs of at least 1 hour
                                                each; compliance is
                                                based on arithmetic
                                                mean of three runs; and
                                                conditions when data
                                                from an additional test
                                                run can be used.
Sec.   63.7(f)..........  Alternative Test     Procedures by which       Yes................  No.
                           Method.              Administrator can grant
                                                approval to use an
                                                alternative test method.
Sec.   63.7(g)..........  Performance Test     Must include raw data in  Yes................  No.
                           Data Analysis.       performance test
                                                report; must submit
                                                performance test data
                                                60 days after end of
                                                test with the
                                                Notification of
                                                Compliance Status
                                                report; and keep data
                                                for 5 years.
Sec.   63.7(h)..........  Waiver of Tests....  Procedures for            Yes................  No.
                                                Administrator to waive
                                                performance test.
Sec.   63.8(a)(1).......  Applicability of     Subject to all            Yes................  Yes.
                           Monitoring           monitoring requirements
                           Requirements.        in standard.
Sec.   63.8(a)(2).......  Performance          Performance               Yes................  No.
                           Specifications.      Specifications in
                                                appendix B of 40 CFR
                                                part 60 apply.
Sec.   63.8(a)(3).......  [Reserved]
Sec.   63.8(a)(4).......  Monitoring with      ........................  No.................  No.
                           Flares.
Sec.   63.8(b)(1).......  Monitoring.........  Must conduct monitoring   Yes................  Yes.
                                                according to standard
                                                unless Administrator
                                                approves alternative.
Sec.   63.8(b)(2)-(3)...  Multiple Effluents   Specific requirements     Yes................  Yes.
                           and Multiple         for installing
                           Monitoring Systems.  monitoring systems;
                                                must install on each
                                                effluent before it is
                                                combined and before it
                                                is released to the
                                                atmosphere unless
                                                Administrator approves
                                                otherwise; if more than
                                                one monitoring system
                                                on an emission point,
                                                must report all
                                                monitoring system
                                                results, unless one
                                                monitoring system is a
                                                backup.
Sec.   63.8(c)(1).......  Monitoring System    Maintain monitoring       Applies as modified  No.
                           Operation and        system in a manner        by Sec.
                           Maintenance.         consistent with good      63.5990(e) and (f).
                                                air pollution control
                                                practices.
Sec.   63.8(c)(1)(i)....  Routine and          ........................  No.................  No.
                           Predictable SSM.
Sec.   63.8(c)(1)(ii)...  SSM not in SSMP....  ........................  No.................  No.
Sec.   63.8(c)(1)(iii)..  Compliance with      How Administrator         Yes................  Yes.
                           Operation and        determines if source
                           Maintenance          complying with
                           Requirements.        operation and
                                                maintenance
                                                requirements; review of
                                                source operation and
                                                maintenance procedures,
                                                records, manufacturer's
                                                instructions,
                                                recommendations, and
                                                inspection of
                                                monitoring system.
Sec.   63.8(c)(2)-(3)...  Monitoring System    Must install to get       Yes................  No.
                           Installation.        representative emission
                                                and parameter
                                                measurements; must
                                                verify operational
                                                status before or at
                                                performance test.
Sec.   63.8(c)(4).......  Continuous           ........................  Applies as modified  No.
                           Monitoring System                              by Sec.
                           (CMS) Requirements.                            63.5990(f).
Sec.   63.8(c)(5).......  Continuous Opacity   ........................  No.................  No.
                           Monitoring Systems
                           (COMS) Minimum
                           Procedures.
Sec.   63.8(c)(6).......  CMS Requirements...  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(e).
Sec.   63.8(c)(7)-(8)...  CMS Requirements...  Out-of-control periods,   Yes................  No.
                                                including reporting.
Sec.   63.8(d)..........  CMS Quality Control  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(e) and (f).
Sec.   63.8(e)..........  CMS Performance      ........................  No.................  No.
                           Evaluation.
Sec.   63.8(f)(1)-(5)...  Alternative          Procedures for            Yes................  Yes.
                           Monitoring Method.   Administrator to
                                                approve alternative
                                                monitoring.
Sec.   63.8(f)(6).......  Alternative to       ........................  No.................  No.
                           Relative Accuracy
                           Test.
Sec.   63.8(g)..........  Data Reduction.....  ........................  Applies as modified  No.
                                                                          by Sec.
                                                                          63.5990(f).
Sec.   63.9(a)..........  Notification         Applicability and state   Yes................  Yes.
                           Requirements.        delegation.

Sec.   63.9(b)(1)-(5)...  Initial              Submit notification 120   Yes................  Yes.
                           Notifications.       days after effective
                                                date; notification of
                                                intent to construct/
                                                reconstruct,
                                                notification of
                                                commencement of
                                                construct/reconstruct,
                                                notification of
                                                startup; and contents
                                                of each.
Sec.   63.9(c)..........  Request for          Can request if cannot     Yes................  Yes.
                           Compliance           comply by date or if
                           Extension.           installed best
                                                available control
                                                technology or lowest
                                                achievable emission
                                                rate.
Sec.   63.9(d)..........  Notification of      For sources that          Yes................  Yes.
                           Special Compliance   commence construction
                           Requirements for     between proposal and
                           New Source.          promulgation and want
                                                to comply 3 years after
                                                effective date.
Sec.   63.9(e)..........  Notification of      Notify Administrator 60   Yes................  No.
                           Performance Test.    days prior.
Sec.   63.9(f)..........  Notification of VE/  No......................  No.................
                           Opacity Test.
Sec.   63.9(g)..........  Additional           No......................  No.................
                           Notifications When
                           Using CMS.
Sec.   63.9(h)..........  Notification of      Contents; due 60 days     Yes................  Yes.
                           Compliance Status.   after end of
                                                performance test or
                                                other compliance
                                                demonstration, except
                                                for opacity/VE, which
                                                are due 30 days after;
                                                when to submit to
                                                Federal vs. State
                                                authority.
Sec.   63.9(i)..........  Adjustment of        Procedures for            Yes................  Yes.
                           Submittal            Administrator to
                           Deadlines.           approve change in when
                                                notifications must be
                                                submitted.
Sec.   63.9(j)..........  Change in Previous   Must submit within 15     Yes................  Yes.
                           Information.         days after the change.
Sec.   63.10(a).........  Recordkeeping/       Applies to all, unless    Yes................  Yes.
                           Reporting.           compliance extension;
                                                when to submit to
                                                Federal vs. State
                                                authority; procedures
                                                for owners of more than
                                                1 source.
Sec.   63.10(b)(1)......  Recordkeeping/       General Requirements;     Yes................  Yes.
                           Reporting.           keep all records
                                                readily available; and
                                                keep for 5 years.
Sec.   63.10(b)(2)(i)-    Records related to   ........................  Yes................  No.
 (iv).                     Startup, Shutdown,
                           and Malfunction.
Sec.   63.10(b)(2)(vi)    CMS Records........  Malfunctions,             Yes................  No.
 and (x)-(xi).                                  inoperative, out-of-
                                                control; calibration
                                                checks; adjustments,
                                                maintenance.
Sec.   63.10(b)(2)(vii)-  Records............  Measurements to           Yes................  Yes.
 (ix).                                          demonstrate compliance
                                                with emission
                                                limitations;
                                                performance test,
                                                performance evaluation,
                                                and visible emission
                                                observation results;
                                                and measurements to
                                                determine conditions of
                                                performance tests and
                                                performance evaluations.
Sec.   63.10(b)(2)(xii).  Records............  Records when under        Yes................  Yes.
                                                waiver.
Sec.   63.10(b)(2)(xiii)  Records............  ........................  No.................  No.
Sec.   63.10(b)(2)(xiv).  Records............  All documentation         Yes................  Yes.
                                                supporting Initial
                                                Notification and
                                                Notification of
                                                Compliance Status.
Sec.   63.10(b)(3)......  Records............  Applicability             Yes................  Yes.
                                                determinations.
Sec.   63.10(c).........  Records............  ........................  No.................  No.
Sec.   63.10(d)(1)......  General Reporting    Requirement to report...  Yes................  Yes.
                           Requirements.
Sec.   63.10(d)(2)......  Report of            When to submit to         Yes................  No.
                           Performance Test     Federal or State
                           Results.             authority.
Sec.   63.10(d)(3)......  Reporting Opacity    ........................  No.................  No.
                           or VE Observations.
Sec.   63.10(d)(4)......  Progress Reports...  Must submit progress      Yes................  Yes.
                                                reports on schedule if
                                                under compliance
                                                extension.
Sec.   63.10(d)(5)......  Startup, Shutdown,   ........................  Yes................  No.
                           and Malfunction
                           Reports.
Sec.   63.10(e).........  Additional CMS       ........................  No.................  No.
                           Reports.
Sec.   63.10(f).........  Waiver for           Procedures for            Yes................  Yes.
                           Recordkeeping/       Administrator to waive.
                           Reporting.
Sec.   63.11............  Flares.............  ........................  No.................  No.
Sec.   63.12............  Delegation.........  State authority to        Yes................  Yes.
                                                enforce standards.
Sec.   63.13............  Addresses..........  Addresses where reports,  Yes................  Yes.
                                                notifications, and
                                                requests are sent.
Sec.   63.14............  Incorporation by     Test methods              Yes................  Yes.
                           Reference.           incorporated by
                                                reference.
Sec.   63.15............  Availability of      Public and confidential   Yes................  Yes.
                           Information.         information.
----------------------------------------------------------------------------------------------------------------

    After [DATE 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], as stated in Sec.  63.6013, you must comply with the
applicable General Provisions (GP) requirements according to the
following table:

----------------------------------------------------------------------------------------------------------------
                                                                               Applicable to Subpart XXXX?
                                                 Brief description of   ----------------------------------------
        Citation                Subject           applicable sections      Using a control        Not using a
                                                                                device          control device
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.............  Applicability......  Initial applicability     Yes................  Yes.
                                                determination;
                                                applicability after
                                                standard established;
                                                permit requirements;
                                                extensions;
                                                notifications.
Sec.   63.2.............  Definitions........  Definitions for part 63   Yes................  Yes.
                                                standards.
Sec.   63.3.............  Units and            Units and abbreviations   Yes................  Yes.
                           Abbreviations.       for part 63 standards.
Sec.   63.4.............  Prohibited           Prohibited activities;    Yes................  Yes.
                           Activities.          compliance date;
                                                circumvention;
                                                severability.
Sec.   63.5.............  Construction/        Applicability;            Yes................  Yes.
                           Reconstruction.      applications; approvals.

Sec.   63.6(a)..........  Applicability......  GP apply unless           Yes................  Yes.
                                                compliance extension;
                                                GP apply to area
                                                sources that become
                                                major.
Sec.   63.6(b)(1)-(4)...  Compliance Dates     Standards apply at        Yes................  Yes.
                           for New and          effective date; 3 years
                           Reconstructed        after effective date;
                           Sources.             upon startup; 10 years
                                                after construction or
                                                reconstruction
                                                commences for section
                                                112(f).
Sec.   63.6(b)(5).......  Notification.......  Must notify if commenced  Yes................  Yes.
                                                construction or
                                                reconstruction after
                                                proposal.
Sec.   63.6(b)(6).......  [Reserved]
Sec.   63.6(b)(7).......  Compliance Dates     ........................  No.................  No.
                           for New and
                           Reconstructed Area
                           Sources that
                           Become Major.
Sec.   63.6(c)(1)-(2)...  Compliance Dates     Comply according to date  Yes................  Yes.
                           for Existing         in subpart, which must
                           Sources.             be no later than 3
                                                years after effective
                                                date; for CAA section
                                                112(f) standards,
                                                comply within 90 days
                                                of effective date
                                                unless compliance
                                                extension.
Sec.   63.6(c)(3)-(4)...  [Reserved]
Sec.   63.6(c)(5).......  Compliance Dates     Area sources that become  Yes................  Yes.
                           for Existing Area    major must comply with
                           Sources that         major source standards
                           Become Major.        by date indicated in
                                                subpart or by
                                                equivalent time period
                                                (for example, 3 years).
Sec.   63.6(d)..........  [Reserved]
Sec.   63.6(e)(1)(i)-     Operations &         ........................  No.................  No.
 (ii).                     Maintenance.
Sec.   63.6(e)(1)(iii)-   Operation &          Operate to minimize       Yes................  Yes.
 (2).                      Maintenance.         emissions at all times;
                                                correct malfunctions as
                                                soon as practicable;
                                                and operation and
                                                maintenance
                                                requirements
                                                independently
                                                enforceable;
                                                information
                                                Administrator will use
                                                to determine if
                                                operation and
                                                maintenance
                                                requirements were met.
Sec.   63.6(e)(3).......  Startup, Shutdown,   ........................  No.................  No.
                           and Malfunction
                           Plan (SSMP).
Sec.   63.6(f)(1).......  SSM Exemption......  ........................  No.................  No.
Sec.   63.6(f)(2)-(3)...  Methods for          Compliance based on       Yes................  Yes.
                           Determining          performance test;
                           Compliance.          operation and
                                                maintenance plans;
                                                records; inspection.
Sec.   63.6(g)(1)-(3)...  Alternative          Procedures for getting    Yes................  Yes.
                           Standard.            an alternative standard.
Sec.   63.6(h)..........  Opacity/Visible      ........................  No.................  No.
                           Emission (VE)
                           Standards.
Sec.   63.6(i)..........  Compliance           Procedures and criteria   Yes................  Yes.
                           Extension.           for Administrator to
                                                grant compliance
                                                extension.
Sec.   63.6(j)..........  Presidential         President may exempt      Yes................  Yes.
                           Compliance           source category from
                           Exemption.           requirement to comply
                                                with rule.
Sec.   63.7(a)(1)-(2)...  Performance Test     ........................  No.................  No.
                           Dates.
Sec.   63.7(a)(3).......  CAA section 114      Administrator may         Yes................  No.
                           Authority.           require a performance
                                                test under CAA section
                                                114 at any time.
Sec.   63.7(b)(1).......  Notification of      Must notify               Yes................  No.
                           Performance Test.    Administrator 60 days
                                                before the test.
Sec.   63.7(b)(2).......  Notification of      If rescheduling a         Yes................  No.
                           Rescheduling.        performance test is
                                                necessary, must notify
                                                Administrator 5 days
                                                before scheduled date
                                                of rescheduled date.
Sec.   63.7(c)..........  Quality Assurance/   Requirement to submit     Yes................  No.
                           Test Plan.           site-specific test plan
                                                60 days before the test
                                                or on date
                                                Administrator agrees
                                                with: Test plan
                                                approval procedures;
                                                performance audit
                                                requirements; and
                                                internal and external
                                                quality assurance
                                                procedures for testing.
Sec.   63.7(d)..........  Testing Facilities.  Requirements for testing  Yes................  No.
                                                facilities.
Sec.   63.7(e)(1).......  Conditions for       Performance tests must    No.................  No.
                           Conducting           be conducted under
                           Performance Tests.   representative
                                                conditions; cannot
                                                conduct performance
                                                tests during SSM; not a
                                                violation to exceed
                                                standard during SSM.
Sec.   63.7(e)(2).......  Conditions for       Must conduct according    Yes................  No.
                           Conducting           to rule and EPA test
                           Performance Tests.   methods unless
                                                Administrator approves
                                                alternative.
Sec.   63.7(e)(3).......  Test Run Duration..  Must have three test      Yes................  No.
                                                runs of at least 1 hour
                                                each; compliance is
                                                based on arithmetic
                                                mean of three runs; and
                                                conditions when data
                                                from an additional test
                                                run can be used.
Sec.   63.7(f)..........  Alternative Test     Procedures by which       Yes................  No.
                           Method.              Administrator can grant
                                                approval to use an
                                                alternative test method.
Sec.   63.7(g)..........  Performance Test     Must include raw data in  Yes................  No.
                           Data Analysis.       performance test
                                                report; must submit
                                                performance test data
                                                60 days after end of
                                                test with the
                                                Notification of
                                                Compliance Status
                                                report; and keep data
                                                for 5 years.
Sec.   63.7(h)..........  Waiver of Tests....  Procedures for            Yes................  No.
                                                Administrator to waive
                                                performance test.
Sec.   63.8(a)(1).......  Applicability of     Subject to all            Yes................  Yes.
                           Monitoring           monitoring requirements
                           Requirements.        in standard.
Sec.   63.8(a)(2).......  Performance          Performance               Yes................  No.
                           Specifications.      Specifications in
                                                appendix B of 40 CFR
                                                part 60 apply.
Sec.   63.8(a)(3).......  [Reserved]
Sec.   63.8(a)(4).......  Monitoring with      ........................  No.................  No.
                           Flares.
Sec.   63.8(b)(1).......  Monitoring.........  Must conduct monitoring   Yes................  Yes.
                                                according to standard
                                                unless Administrator
                                                approves alternative.

Sec.   63.8(b)(2)-(3)...  Multiple Effluents   Specific requirements     Yes................  Yes.
                           and Multiple         for installing
                           Monitoring Systems.  monitoring systems;
                                                must install on each
                                                effluent before it is